City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 19, 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 STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor EXCUSED: Joanne Yepsen, Supervisor Joe Scala, City Attorney ABSCENT: Patrick Design, Deputy Commissioner, DPW 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. CALL TO ORDER Mayor Johnson called the meeting to order at 7:08 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. Bill Mirable of 14 Vanderbilt Avenue read a statement and entered it into the record (attached). He stated this letter is primarily addressed to the mayor. Tom Frost of 41 Long Alley commented on the City Center and urged the City Council to approve the design of the City Center. It is also important that Ellsworth Jones Place be reconfigured to reflect the design of the City Center, which focuses on that right of way as a public space. He also urged the Council to support the rezoning of 36 Nelson Avenue. Most of the changes that will be proposed will require a use variance. The owners of this property have repeatedly stated they would not alter the design of this property. All improvements must go before the planning board. Samatha Boxhart of Saratoga Preservation Foundation at 112 Spring Street stated the foundation has asked the City Council to consider a moratorium of demolition for all contributing buildings listed on the City Council Meeting 5/19/09 national register. They also hope the City Council would consider expansion of the local historic ordinance to duplicate the national register districts. They also ask that an administration hold be placed on demolition permits until the ordinances can be reviewed. Susan Farnsworth of 105 East Avenue stated she was happy to hear that the DRC had a favorable response to the redesign of the City Center and the communities concerns. She supports the City Center design changes and would like to see this project move forward as soon as possible. Mark Lawton of 209 Nelson Avenue stated there are requirements in the charter regarding the budget. The charter demands what the commissioner of finance shall do. It says the commissioner shall provide a financial plan that shall project expenditures and incomes, month by month, for the entire year for all City funds and expenditures. The commissioner of finance shall make that available in writing in the City Clerk’s Office. We have not seen this plan. No one has shown up at the workshops because there is nothing available for people to review. There are supposed to be quarterly updates of that reports. He offered copies of the charter. It is one of the primary functions of the commissioner of finance to make financial information available. Commissioner Ivins stated the quarterly report was given at a Council meeting. It is also in the clerk’s office and available. Victor Cinquino of 1 Roberts Lane is here as a representative of the Saratoga Springs Rotary Club. He is here to advocate the city center expansion. They use every square inch of the City Center during their home show. They also use the City Center for an annual event for a foundation for scholarships. The additional spaces being proposed are also in great demand for the types of uses that are in demand for this center. They advocate the council approve the expansion. Sister Charlotte Cummings, the Executive Director of Catholic Charities for Saratoga, Warren and Washington Counties, 142 Regent Street, stated she is here to urge the council accept the design of the City Center and expedite the support of the expansion. The non for profit world benefits from the City Center’s hospitality. Amejo Amyot of 219 Woodlawn Avenue stated that 2 weeks ago neighbors noticed work being done at 23 Greenfield Avenue. The contractors stated they were removing asbestos. Investigation proved the asbestos was removed years ago and they did not have any permits for the work. She urged a law be passed to prevent a structure being torn down without a review process. She feels the people who own this building should be fined. Linda Ambrosino, owner of G. Willikers, stated she is here to support the expansion of the City center. She thanked Mark Baker and the City Center Authority for listening to the public and moving so quickly to change the original design. She also thanked the Design Review Commission for also making sure this process went as quickly as possible. She urged the council to follow in their footsteps and quickly giving them the authority to move forward. EJ Harkins, VP of Sales for Saratoga Eagle, and a resident at 9 Arrowhead Road. He is here to voice support of the City Center design. The City Center is important piece of our community. Dave Zucker of 15 Echo Ridge Drive stated he is here as President of the Saratoga Convention & Tourism Bureau. He is here to commend the authority for the revised design and commend the DRC for revising and approving the design. It is critical and chomping at the bid to get out there and market the expansion and Saratoga as a destination for meetings. Phil Diamond of 29 Waterview Drive stated he was here to advocate the quick approval and to urge the Council to move along the construction of the City Center. He was a member of the City Center Authority during Mayor Klotz’s administration. The economy was good then and the reasons for the expansion then was to get more tourists, hotel tax, more conventions, etc. In a bad economy there is no reason why the City Center expansion shouldn’t be built as soon as possible. Page 2 of 21 City Council Meeting 5/19/09 Joe Dalton of 14 Loughberry Road and President of the Chamber of Commerce stated he has been involved with the City Center before it was built. They went through a design factor and the design was not perfect. Not everyone is going to buy into everything. The end of Broadway where the City Center is is dead. This will attract the people to North Broadway. He strongly urges the Council to support the exterior and interior design. Ron Daige, Manager, of the Saratoga Hilton, and resident at 1235 Rt. 9P stated he is here to register his personal and professional support of the City Center expansion. His sales team has already started getting the word out of the proposed enhancements to prospective group planners and the response has been overwhelming positive. The project can’t be delayed any longer. He requested the Council to vote to accept the DRC recommendations. Ian Hamlin, Administrative Director of the Dance Flurry Festival stated he is here to support the development of the City Center. They sincerely support any additional development of the City Center property. The dance flurry participation would increase with this space and they would also support any parking solution. Steve Sullivan of Longfellows stated he was here to voice support of the City Center expansion. He hopes they will support the expansion. Cindy Hollowood, who runs the Holiday Inn in Saratoga and is also a resident at 144 5th Avenue. In addition to all those things already said, she wants to remind all the council members that over the last 5 – 7 years, every board has supported the expansion and addition of additional hotel rooms in the community. All those approvals were with the expansion of the City Center in mind. Now we have the rooms and not the venue to bring the visitors in. She urged the Council to support this and approve it. Matt McCabe of 39 Piping Rock Circle stated this project is not ‘if you build it they will come’ scenario. This is one of the most proven track records of any facility in the country of its size, in a city of its size, in a destination of size. We all are benefiting from it – this is one of the easiest votes you have coming up. You have to move on this. Kyle York of 59 Railroad Place stated he agrees with what everyone here has said. His job/income is totally dependent upon the City Center. The City Center has to be opened on time. We can do this. All the information is in the minutes of the Design Review workshop held on April 28th. If we build something people aren’t proud of or happy with, in the long run we are going to be sorry. The short benefit is not going to be worth it in the long run. Mr. York read several excerpts from various sets of minutes. Maryann Barker, co-owner of Impressions stated she was here when the City Center didn’t exist. Their business is very different today. They urge the Council to approve the City Center design and expansion. She thanked everyone for moving this project along. Mark Sapronowitz owner of Carriage House Inn on South Broadway and chairman of the board of the Convention Bureau came to stress the urgent need of moving the City Center project along. The design as it sits today is exceptional. Tim Pfiel, a CPA and chairman of the board of the Saratoga County Chamber of Commerce stated most everyone has been in approval of this project. From an economic standpoint, the City Center is a proven commodity. In these tight times we need this type of business in Saratoga. He urged the Council to approve the project. Frank Parrillo, partner in the Hampton Inn and Suites urged the council to approve the City Center project. The City Center has made drastic changes to come up with the look that they have. Ed Lenz, owner of the building at Lake Avenue and Broadway stated he has been on many of the boards for the City; the City Center Authority being the best board he has ever sat on. That board did an outstanding job coming up with a final decision as to the structure that is being presented to the Council. Page 3 of 21 City Council Meeting 5/19/09 They have a unique opportunity; you have to build something within the budget you have. This is a unified design that is driven from all comments. Pat Kane of 19 Marion Place and chairman of the DRC stated they worked hard on the City Center. He agrees with everything everyone has said here tonight on this. They need an emergency generator – it would be a shame to build something of this nature and not have one. In case of an emergency people would be able to use that building. Some of the other things that need to be added are heated sidewalks, and Ellsworth Jones Way is a critical piece of the design. Rick Higgins of 100 Union Avenue and member of the City Center Board stated he was here to urge the Council’s approval of the design. He thanked the City Council and DRC. Now we need to move this project forward. This is the most important economic development initiative in Saratoga Springs. Joe Dalton stated the City Center expansion is not going to cost the taxpayers of the City of Saratoga Springs a penny. The money is coming from the reserve fund. Roger Goldsmith of 10 Poe Road and owner of Crafters Gallery stated he sits on City Center Authority. According to the feedback received he can’t see why this wouldn’t be approved. The idea of redoing Ellsworth Jones place is a great idea, but don’t let the redesign idea be a deterrent to approve the City Center design. Paul O’Donnell from Celtic Treasure and board member of the DBA stated as a hockey dad, he goes to a lot of upstate towns. We are the envy of upstate New York. We have to keep it going and get the shovel in the ground this September. Mary Kay Acey co-owner of the Saratoga Downtowner stated she loves being an ambassador to Saratoga. She loves being able to offer a broader awareness of what happens here year round and that we have a convention center. She urged the council to vote yes on this. Thanked everyone involved in bring this project to the place it is right now. Mayor Johnson closed the public hearing as there was no one else who wished to speak. Presentation – Governors Health Insurance Surcharge Commissioner Ivins mentioned that the governor passed a surcharge on to the health insurance companies. One of our health insurers, MVP, is passing the surcharge along to us. He has a representative from MVP here along with the people we work with from the Adirondack Trust, Phil Klein and Jim Flynn. Jim Flynn stated he is the City’s health care advocates and brokers. He brought Matt Wokuskie of MVP. There is new legislation from the governor’s office where assessment fees and surcharges on health insurance have increased as part of their plan to close the budget gap. MVP will be making adjustments to their 2009 community rates. On July 1st, the City’s MVP premiums will increase by 3.94% based upon this assessment. Commissioner Ivins stated they are looking at an addition $108,600 more in cost this year than anticipated. Commissioner Kim asked if our contract is up on July 1st. Mr. Flynn advised the City’s contract runs from January 1st to December 31, 2009. Commissioner Kim asked if our contract rates would be guaranteed during that time. Matt of MVP stated there is a stipulation and verbiage in the contract that given on certain circumstances, taxes and assessments, they hold the right to pass those on. It was MVPs decision to recoup that money. Page 4 of 21 City Council Meeting 5/19/09 Commissioner Kim asked if this is happening to all health insurers. Matt advised it is happening to all carriers doing business in New York State. Commissioner Kim asked if MVP is the only one passing it along. Mr. Flynn stated it is an assessment all the carriers are going to receive and it is based upon the amount of premium they have on the books. CDPHP will not be doing retroactive increases, but increases will be made at renewal time to absorb these fees. Blue Shield has not come out with a statement yet as to how they are going to handle it. Commissioner Scirocco asked if it is the same percentage for everyone. Mr. Flynn stated the percentage is based upon the premium. Matt stated the rate of increase is going to be from 2 – 8%. Commissioner Kim asked if MVP is passing on 100% of the increase. Matt did not know but assumed it is 100%. Mayor Johnson asked if this has happened before where an insurance company has gone back to a client to increase the fees mid year. Phil Klein stated this happened a number of years ago. The 3.94% is a charge that will start July 1st but the legislation passed is actually retroactive to January 1. The 3.94% is a recoupment for the 12 months, but they will recoup it in 6 months. The percentage will be reviewed again in January and could be part of a rate adjustment that every group will see from every carrier in New York State. Commissioner Kim stated it is clear it is a state mandate. We should have some analysis of the contract. This is similar to the NIMO thing. Mayor Johnson stated this evening is just for the council to receive why they are proposing the rate adjustment. We are not voting or accepting the adjustment. Presentation – MS4 Stormwater Annual Report Commissioner Scirocco stated Paul Male and Al Flick are here to present the MS4 stormwater mandated regulations. The City Council adopted this in 2008. Paul Male stated this is a requirement by the DEC to make a public presentation. Al Flick stated they are presenting the annual report. This is their 6th annual report. In January 2008 the City took over the program from the state. All the responsibilities have been absorbed with the existing DPW staff. They are keeping current with the state requirements. The report is available on the internet. Two key parts of the program is public education and participation. They are working on getting the word out. Paul Male stated this is an unfunded mandate. We are the only municipality that does everything in house, others use consultants. They are responsible for making sure all plans meet DEC requirements for water quality and quantity. Lake Lonely is going to be the next body of water that will be on the impaired list. They do not get funding from the county. They will need to revise their fees to include reviews. They are trying to improve the water quality in the City. If they fail those requirements, they will be fined by the DEC. Page 5 of 21 City Council Meeting 5/19/09 Executive Session Discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, suspension, dismissal or removal of a person or corporation. Mayor Johnson stated the school district made a request to move the executive session up on the agenda so that they will have time to attend another meeting they have at 8 p.m. this evening. Commissioner Kim stated he didn’t see this topic as an appropriate one for executive session. This is an issue of controversy between the City and the school district. It is about the expenditure of public money either on our part or their part. He doesn’t believe it fits the criteria of going into executive session. He may just vote against it. Mayor Johnson stated they are voting this evening on anything with the school district this evening. They asked to address the council only to discuss the issue. He and the commissioner of public works have been speaking with them, but to date, they have not all been able to assemble as a group. They need to speak to the whole council to address certain liability issues that are affecting the City and the district over the operation of the athletic fields. He felt it was appropriate to address this in executive session as it may expose the City or the district to potential liabilities. He is not asking the council to come to a vote in respect to the contract with the district. Commissioner Kim stated it still doesn’t fit into the categories. There are 8 exceptions to open public meetings. He doesn’t have a problem discussing it; they just need to discuss it at the table. Mayor Johnson advised that if they don’t come to an agreement, there may be litigation. Commissioner Kim they are meeting with the people they might have litigation with. That is not for appropriate executive session. Mayor Johnson stated the issue is there is possible third party potential litigation. There are conditions existing on our fields that need to be addressed now to protect the City and the district. Mayor Johnson moved and Commissioner Scirocco seconded to adjourn to executive session. Ayes – 3 Nays – 2 (Commissioner Franck and Commissioner Kim) Upon return from executive session, Mayor Johnson stated there is nothing to report from executive session as nothing was resolved. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda with the revisions stated as follows: 1. Approval of 2009 Budget Amendment Workshop Minutes 5-11-2009 2. Approval of City Council Minutes 5-5-2009 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 5/15/09 $402,661.22 6. Approve Payroll 5/8/09 $409,649.64 7. Approve Warrant 2009 Mid MC1MAY09 $125,943.69 8. Approve Warrant 2009 Regular 2MAY09 $644,816.33 9. Award of Bid: Automated Interactive Voice Response System to Symago, LLC Page 6 of 21 City Council Meeting 5/19/09 10. Award of Bid: Motor Oil to Farrell Oil Mayor Johnson pointed out a correction to the minutes of 5/5/09. He asked for a correction to page 20, third full paragraph, 5th line. The line has the word ‘open’ typed and is should be ‘option’. (Minutes have been corrected.) Commissioner Ivins stated one voucher was pulled during auditing which changed the amount on the May 2nd warrant to be $644,816.33. Ayes - All Mayor’s Department Discussion and Vote: Skate Park Interim (09-138) Mayor Johnson moved and Commissioner Ivins seconded to approve the skate park operation fee structure as well as the personnel structure and fees described. Linda Terricola stated they are proposing to open the park with staff on an interim basis until they can work out the logistics of skating at your own risk. The skate at your own risk program will save the Recreation Department budget about $10,000. They will be charging participants 18 years old and younger $2 and $4 for participants over the age of 18. With the approval tonight, they can open the park on Friday. In addition, the part time seasonal employee rates were approved at the City Council meeting on March 19th. That proposal did not include the skate park guards as they anticipated not paying them. The only difference is adding skate park guards to the ice rink guards. Mayor Johnson asked that the rate will be the same as in 2008. Linda – yes. Mayor Johnson asked Linda to explain the reduction of personnel at the park. Linda advised that they are hiring 2 guards at the maximum rate of $10 per hour and will not have a supervisor. They will also only have one supervisor as opposed to two. Commissioner Kim asked if the risk and safety manager is on board with the way they are doing this. Linda advised there were concerns from himself and the attorneys about the skate at your own risk. The risk and safety manager spent several hours on the skate at your own risk proposal. This is why they came up with the proposal in front of them. Commissioner Kim stated he just wants to be sure they have everyone on board if they are doing this. Maybe there is an assumption here. Things start as interim and never become permanent. Linda stated they have had fees and supervision in the past. Mayor Johnson stated it allows the park to be open at this time while they continue to explore the skate at your own risk. Linda advised the rules and regulations they will follow are the same as they have in the past. Mayor Johnson advised if there is going to be a skate at your own risk, there are costs associated with it as they will have to add more fencing, etc. Ayes – All Page 7 of 21 City Council Meeting 5/19/09 Discussion and Vote: Camp Saradac’s Playground Program Recommendation (09-139) Mayor Johnson moved and Commissioner Ivins seconded to approve the Camp Saradac Playground Program as described. Linda Terricola explained the difference between Camp Saradac and the playground program. Camp Saradac runs rain or shine; the playground program operates for 7 weeks from 9 am to 3 pm. If it rains, the program does not operate. Parents are required to pick up their children from the playground program and the program is free to city residents; a fee of $225 is charged to non-city residents. There will be a maximum of 80 participants at a time. Transportation will be provided from each location to the east side and back to those respective locations. By approving this proposal, there is a savings of $10,260.50 in personnel, equipment savings of $300.00, and other savings of $8050. The total savings is $18,610.50. Commissioner Ivins asked how many children are served by these programs. Linda advised the camp program serves 200 and the playground program is 80. Ayes – All Discussion and Vote: Pickle Ball Introduction Program (09-140) Mayor Johnson moved and Commissioner Franck seconded to approve the pickle ball introduction program as described. Linda Terricola stated this program was approved by the City Council last year. There were over 60 people that attended the demonstration last year. This activity is a combination of ping pong, bat-mitten and tennis. This will be held at the east side recreation on June 8th & 9th with a rain date of June 10th. The cost will be $5 for senior citizens and $10 for youth participants. Mayor Johnson asked if the revenue generated will cover the cost. Linda advised they should come out ahead. They have start up funding of $294. Ayes – All Discussion and Vote: Referral to Planning Board for Advisory Opinion of Rezoning Request – 36 Nelson Avenue (09-141) Mayor Johnson moved and Commissioner Ivins seconded to refer the rezoning request of 36 Nelson Avenue to the Planning Board for an advisory opinion. Mike Toohey, attorney for the applicant advised he is here representing Darley Stud Management. They were here 2 weeks ago to request the Council to refer this to the planning board. The training facility is significantly different than the horse track itself. The property is currently zoned RR-1 so it could be divided into 35 – 40 residential parcels. The owners are willing to step up and eliminate that from their ability to have this property used in that fashion. The property has historically been used as a training facility. It has been seasonally operational. He is nervous that a negative reaction would be a move by the City Council that says they want the historic property to stay rural residential. They are not asking to fall in the same category as the 2 tracks. They are asking to create a zone that is horse training only. It does not allow for grandstands, arenas, indoor events, concerts, restaurants, etc. The created a new category so the land will be used as described. There will be plenty of controls but allows the property to develop as it has been historically existed. The owners want to create a world class training facility. He asked the Council to please refer this to the planning board for review and opinion. Mayor Johnson confirmed the additional language indicates it is more restrictive than what an institutional horse track would normally allow. Page 8 of 21 City Council Meeting 5/19/09 Mr. Toohey stated that is correct. Commissioner Franck stated he originally asked for a 2 week extension because of tax issues. Regarding permitted uses, the scope has been made more restrictive; does that prohibit the scope from being expanded. Mr. Toohey stated there would be a defined use. The purpose is to create a category that is a more controlled category. Commissioner Franck stated his concern is the property that has the most common property boundary with Yaddo; institutional education. The special use permit will allow for a heliport. Mr. Toohey stated the master plan calls to allow this to happen. The heliport is the most restrictive use that is in this property. Having a heliport for this type of facility is not unreasonable. This property is on the backside of Yaddo; it is not on the residential side of Yaddo. He has contacted 2 people at Yaddo and has not yet received anything negative from them. Commissioner Franck asked if Yaddo is aware of the option of a heliport. Mr. Toohey stated Yaddo received the same packet that the Council did. The utilization of this land calls out for this land not to be residential. Ayes – 4 Nays – 1 (Commissioner Franck) Presentation: City Center Expansion Design Mayor Johnson introduced Mark Baker of the City Center Authority to present the redesign of the City Center expansion. Mr. Baker thanked the Council for the opportunity to present the redesign to them. On March 16th the City Center rolled out its design trying to create a new identity with a specific budget. The City Center Authority followed a very defined process by coming to the Council, asking that the design go to the DRC, and return a decision by May 19th. He needs to recommend and commend the DRC for their hard work, patience, and guidance in accomplishing a timely and mutually agreed upon design solution to answer the community’s questions. There were 4 basic principles: vehicle access off Broadway, exterior materials, entry into the City Center, and the corner. Mr. Baker ran through the design modifications that were in excess of their budget. The City Center interior has not changed. They are looking to increase business by 40% over 3 years. They want to be a part of the first step towards the vibrant city. The have a place mark for a monumental sign. They will be able to hang banners to support local events, etc. Mr. Baker added that the current design was unanimously approved by the DRC board. He respectfully asked the Council for their positive response and approval. Commissioner Franck asked what the original shovel date was to get it in the ground. Mr. Baker stated the original date was between May 15th and June 15th. Commissioner Franck asked for explanation of what the Ellsworth Jones Place changes are. Mr. Baker stated there is a second phase that is mentioned. The City Center Authority agrees with this; which is to incorporate more of the Ellsworth Jones Place into an urban setting plaza/transition area. It is in the City Center’s best interest to do that and maintain it. Commissioner Franck stated the question never was should the City Center be extended; it was always about the design. This design is substantially better than what we had before. Pat Kane has a lot of good points relating to putting pipes in the ground. The only issue, which will be separate from this vote, is we Page 9 of 21 City Council Meeting 5/19/09 might have to adjust the lease to give you the ability and/or easement. He is appreciative of the time everyone put into this project. He will be voting in the affirmative on this project. Commissioner Ivins stated this is a vast improvement. He commended Mr. Baker and the board for taking the time and coming up with this design. Commissioner Scirocco stated Mr. Baker and the DRC did a great job; the redesign looks nice. This is going to be one of the easiest votes he has to make at the table. It is additional revenue for the City. Mayor Johnson thanked the DRC again and the authority for taking the community’s concerns to heart. Discussion and Vote: Approval of City Center Expansion Exterior Design and Interior Space Utilization (09-142) Mayor Johnson moved and Commissioner Ivins seconded to approve the design of the City Center expansion as revised and approved by the DRC as well the approval of the interior plan and site utilization. Ayes – All Discussion and Vote: Sign Contract with Miller, Mannix, and Schactner to Defend the City on the Appeal for the Indoor Recreation Center (09-143) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Miller, Mannix, and Schactner at $160/hr. to a maximum of 20,000. Mayor Johnson stated this is for the litigation brought against the City by the group informally known as the Friends of the Southside Park. The agreement is to retain the same firm that defended the City previously at the hourly rate of $160/hr. There is no cap as it is difficult to get while counsel is reviewing the papers. Commissioner Kim asked how much was spent on the lower court. Mayor Johnson stated approximately $20,000. Commissioner Kim stated he is going to vote against this as we just had a budget presentation and his department has to cut $1.3 million. The recreation center will increase the budget if it is built. Everyone knows it’s going to be between $200,000 - $500,000 of additional costs to heat, staff, and keep this recreation center once it’s up and running. This is insanity. Commissioner Scirocco asked if there is something the city attorney can do. Can they prepare some kind of paper to address this? Mayor Johnson stated yes, but for the city attorney to get into this at this point isn’t advisable. The city attorney does not have appellate background and would not be comfortable to do the appeal. The city stands a better chance in the appeal by using this law firm. Commissioner Scirocco asked assuming we win this, can the group appeal again. Mayor Johnson stated it depends upon how the decision of the appeal is rendered. Going further to a higher court requires permission for that appeal. Commissioner Ivins is uncomfortable with a ‘blank’ check. He prefers a cap be put in and if need be come back to the Council. Mayor Johnson will put a cap of $20,000 on it, but it may be less than that. Commissioner Kim stated the group made an offer to the City to expedite hearing on this. There is a chance that we could loose this appeal. This is not a frivolous lawsuit. The other side already filed a brief Page 10 of 21 City Council Meeting 5/19/09 and we have to answer the brief. We don’t have deadlines now so we can take our time. Then we would have no risk to the City. We’ve rejected the offer to speed up the decision. Mayor Johnson stated the offer was done under that context or pretext. If the party asks for us to expedite this there is no guarantee that court would be available. If they are so confident why don’t they move for an injunction. He won’t go into the merits as it is improper. He remembers hearing Commissioner Kim say when the City was before the lower court that they would prevail and they didn’t. Historically, this City does not walk away from defending itself. This is a nominal amount to spend considering the size of the project. The bonding by your prior administration put us here today. Commissioner Kim stated he is not being heard correctly. He never advocated the City walk away; he says the City should run. Getting this litigation done reduces the risk to the City. Ayes – 3 Nays - 2 (Commissioner K im and Commissioner Scirocco ) Discussion and Vote: Resolution for Substantial Amendment to 2008 CDBG Entitlement Action Plan (09- 144) Mayor Johnson moved and Commissioner Franck seconded the resolution presented for the Substantial Amendment to the 2008 CDBG Entitlement Action Plan. Jackie Hakes advised the American Recovery and Reinvestment Act has opened up some additional funds. The project identified as the shovel ready project is a project that the Saratoga Affordable Housing Group has underway. They have gone through the site plan approvals with the Planning Board. It is an affordable rental unit project on Allen Drive. This is a 2008 amendment as the 2009 action plan doesn’t start until July 2009. Ayes – All Discussion: 23 Greenfield Avenue Mayor Johnson stated this is becoming an issue through many channels of the City. It is a potential demolition of 23 Greenfield Avenue. Removal of windows and a portion of the roof line has been done. It was identified that the owner did not have the proper permits, therefore a stop work order has been issued by the City. There has been no permit filed for demolition. The building is now boarded up by the owner. We don’t even know who the owner is at this time. Commissioner Franck stated he has talked about the other property on South Franklin. This building is beautiful. As of yesterday the plywood is off the windows at 63 Greenfield Avenue. He clarified that the owner can not tear this down right now. Mayor Johnson stated no work can be done on the property without coming to the City. Commissioner Franck asked if it is in the historic district. Mayor Johnson stated it is outside the City designated historical district but it falls within the national historical district and listed as a contributing structure within the national district. Commissioner Franck stated whatever we can do legally; this Council has to do such so they go through the proper procedures. Mayor Johnson stated there is discrepancy between the City’s and the national’s historical districts. This is the potential for danger in demolition and loss of structures in terms of looking at the City’s zoning and revise the zoning if the community wants to expand the districts to meet what the national district is. Page 11 of 21 City Council Meeting 5/19/09 Commissioner Ivins asked what course of action can be taken by the City if someone starts to demolish the building after we have said they can’t. Commissioner Kim stated this is an example of some of the problems with some of the tools we have. The code enforcers had their interest peaked when they approached the contractors and were told they were going to remove asbestos and the inspector knew that it had already been removed. They reached out to some people they thought might be involved in this process. The contractor stated he was a subcontractor hired by a demolition company in Albany. As long as there are no safety hazards to the public, our code doesn’t allow us to take further measures. Our code has a gap. The demolition moratorium is not the only tool to put this to rest. Mayor Johnson asked the building department for the number of demolition permits over the last several years. In 2005, there were 26 issued for a variety of structures or portion of a structure, there were 23 in 2006, 21 in 2007, 14 in 2008, and 5 to date in 2009. We have done everything we can under the law to stop what’s happening. Discussion: Request for Federal Funding through Congressman Murphy Mayor Johnson stated the City filed 4 requests for federal funding through Congressman Murphy’s office to take advantage of general appropriations bill as well as transportation and infrastructure funding that may be available. It was submitted the mayor’s office on behalf of the various departments. Commissioner Kim stated they sent in a 2008 proposal for the building the police station when the cost was $11.7 million. They also received contact from Senator Gillibrand’s office regarding a bill that is currently going through the senate to fund police stations. Mayor Johnson mentioned the Canfield Casino rehabilitation project as another project request filed. Commissioner Ivins stated there is some sound rehab that has to be done to keep the Casino alive. They are looking at $860,000 for structural and detail work. Commissioner Scirocco thinks this will be a good project if they get the money. He asked Debbie to put a presentation together of what is going on with the Casino. The Visitor Center is also going to have to be addressed at some time. Mayor Johnson advised he also filed requests for the Waterfront Park to fund the construction of the improvements on that site. The City contributed $2 million with the purchase of the property. He also filed a request for provision of emergency medical services to the eastern plateau by allowing construction of up to a 1,000 square foot structure at the upper most level of the Waterfront Park that will be used to house emergency medical services to serve the eastern plateau. The request is for housing funding only. Accounts Department Discussion and Vote: Condominium Resolution (09-145) Commissioner Franck moved and Commissioner Scirocco seconded to adopt the Condominium Resolution. Reading of the resolution was waived. Resolution had been previous distributed to the council. Commissioner Ivins stated he will vote for it as is but would be more comfortable including the second bill; S256 like the County did. Commissioner Franck stated S255 answers a lot of the concerns and S255 has the best chance of going through. Page 12 of 21 City Council Meeting 5/19/09 Mayor recused himself as he has a conflict of interest regarding this matter. Ayes – 4 Absten tion – 1 (Mayor Johnson) Discussion and Vote: Creation of a Temporary Records Clerk Position with SARA Funds (09-146) Commissioner Franck moved and Commissioner Ivins seconded to approve the creation of a temporary records clerk position with SARA funds. This is the secondary portion of our property record card project funded by the State Archives. The intention is to have a temporary records clerk come in to the Assessment Office for four to five weeks to scan the older property cards into our Real Property System (RPS) database as an attachment in order to keep current and historical property data available electronically in RPS. This will not have a budget impact because this is non-matching. It has been budget through the budget so that as the grant money (revenue) comes in, it goes right back out as an expense including benefits, payroll taxes, etc. Ayes - all Discussion and Vote: Extension of Garage Sign Lease Agreement (09-147) Commissioner Franck moved and Commissioner Scirocco seconded to authorize the mayor to sign the extension of the garage sign lease with Scott Varley. Commissioner Franck advised this lease agreement is for 1 year. Mayor Johnson asked how the sign program is going. Commissioner Franck stated there are approximately 13 signs between the 2 garages. We haven’t been pushing the signs as 2 of the people with the RFP are interested in taking the program over. We came in over budget last year. Ayes – All Discussion and Vote: Extension of Pilot Agreement – SNS (Raymond Watkins Apartments) Commissioner Franck pulled this item from his agenda. Discussion: Grievance Class Commissioner Franck stated there were a lot less people this year; only 6. Either they are teaching the class well or there will be fewer grievances this year. Announcement: Grievance Day Grievance day has been set for Tuesday, May 26th from 9:00 a.m. – 12:00 noon, 1:00 p.m. – 4:30 p.m., and 7:00 p.m. – 9:00 p.m. in the City Council Room. Finance Department Discussion and Vote: Accept Donations – Saratoga’s All American Celebration (09-148) Commissioner Ivins moved and Commissioner Scirocco seconded to accept the following donation from Caswood Insurance in the amount of $500 for the All American Celebration. Page 13 of 21 City Council Meeting 5/19/09 Ayes - all Discussion and Vote: Authorization for Mayor to Sign Contract with Racing City Chorus (09-149) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Racing City Chorus for the All American Celebration in the amount of $400 . Ayes – All Discussion and Vote: DPW Capital Projects Payroll Transfers (09-150) Commissioner Ivins moved and Commissioner Scirocco seconded the DPW capital projects payroll transfers for the Vanderbilt storm drainage and Broadway drainage . Commissioner Ivins stated these lines were overdrawn before the projects were finished. Paul Male stated there were 3 specific projects relating to stormwater and sanitary sewer. There are more projects coming and may require transfers in the future. Commissioner Ivins reminded everyone that the City Charter states the money is suppose to be in the line item before drawing down on it. Ayes – All Discussion: City Finances Commissioner Ivins stated the sales tax is down $175,000 from this point this year. If this continues on for the year, we will be down approximately $750,000 for the year. April mortgage payments are down from last year but still up $96,000 from the same point last year. Public Works Department Discussion and Vote: Amendment to Barton & Loguidice Contract for Archeological Study (09-151) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement addendum with Barton & Loguidice for engineering services related to improvements of the Geyser Crest Wellfield Phase 1 archeological survey in the amount of $3,400.00. Commissioner Scirocco advised that the New York State Office of Parks and Recreation Historic Preservation has requested that a phase 1 archeological survey be completed for the project site. The funding is in the capital budget in the amount of $3,400. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Stantec Contract with Two Amendments (09-152) Commissioner Scirocco moved to authorize the mayor to sign an agreement with Stantec Consulting Service for the Nelson Avenue detail design of the forcemain relocation . Paul Male stated they are looking for the mayor to sign a contract with Stantec, which was originally approved by the Council on April 17, 2007 in the amount of $134,800; they couldn’t find a contract signed by both parties. They also couldn’t find Amendment 1 in the amount of $9,850.00, approved by this Council on July 1, 2008. Amendment 2 is what they are looking for approval on now in the amount of $14, 300. Page 14 of 21 City Council Meeting 5/19/09 Commissioner Scirocco advised the funding is in the Nelson Avenue drainage project capital budget. He amended the motion as follows: Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Stantec Consulting Service for the Nelson Avenue detail design of the forcemain relocation pump station upgrades in the amount of $14,300. He also moved for authorization for the mayor to sign the original agreement and Amendment 1 with Stantec; the previous agreement and Amendment 1 were approved at the City Council meeting of April 17, 2007. Commissioner Ivins asked what the legal precedent is of the mayor signing the agreement after the fact. Mayor Johnson stated he is concerned because the original agreement was not signed by Mayor Keehn and following that the City made payment on the services. Paul Male stated not only did they make payment, but they bid the project, project has been completed and the pipe is in the ground. Mayor Johnson stated this was in complete violation of the City’s procedure, and after the fact they must approve it because they paid out on the contract and they can’t do the amendments without the original contract. He will vote in favor but does not like this procedure at all. Aye - all Discussion and Vote: Authorization for Mayor to Sign a Contract with Titan Roofing, Inc. (09-153) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Titan Roofing, Inc. for the temporary bracing and emergency repair to the Visitor Center roof. Commissioner Scirocco stated the Titan Roofing did temporary repairs and will need to address a more permanent solution in the future. The amount is $2,750; funding is in the DPW budget. Commissioner Ivins asked Commissioner Scirocco if he knew what line item this money is being taken from. Commissioner Scirocco did not know; but could provide that information tomorrow. He will see if it is in his budget. Ayes – all Discussion and Vote: Authorization for Mayor to Sign an Agreement with Greenridge Cemetery Association (09-154) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Greenridge Cemetery Association for the calendar year of 2009 in the amount of $20,000 . Commissioner Scirocco explained that the association has agreed to supervise, maintain and care for the lots, roads and paths in the portion of the cemetery that belongs to the City. The funding is in the DPW budget. Mayor Johnson disclosed for the record that the deputy mayor is employed by the Greenridge Cemetary Association for her duties outside of City Hall. Ayes – All Announcement: Street Paving Page 15 of 21 City Council Meeting 5/19/09 Commissioner Scirocco announced the paving schedule for the week of June 1, 2009 is: o Monday, June 1st - paving Kaydeross Avenue West from Nelson Avenue Ext. to Stable Lane. o Tuesday, June 2nd - paving Arrowhead Road from Crescent Avenue to Vista Drive. o Wednesday, June 3rd – paving Grand Avenue from Sherwood Trail to Slade Road. Public Safety Department Discussion: Project Labor Agreement for High Rock Proposal Commissioner Kim stated they approved a PLA for the High Rock parcel at the last City Council meeting with a firm in Poughkeepsie, New York. The firm was presented with all 3 RFP responses. The firm stated they needed to know which proposal had been accepted to do a proper PLA. Since then, a letter was received from BBL/Bonacio stating they are willing to do the PLA if they were chosen. The City Council also received a letter from High Rock Partners stating they would do the PLA. It looks like 2 of the potential bidders would do the PLA on their dime. The Council needs to decide if they want to go forward with the contract with the firm from Poughkeepsie at a cost of $18,500, or select one of the contractors. He has no problem with reviewing these options as long as the process continues to move forward to award the bid sometime in June. He is coming to the conclusion to go to the bidders and ask them if they are willing to do the PLA, and any other questions they Council has, and make a decision from there. Commissioner Ivins stated he is pleased to hear Commissioner Kim is headed in that direction. He also has questions for these bidders. He would like to set a public hearing for the public to comment on the paid parking. He is meeting with the Downtown Business Association and another group and will be discussion paid parking; but public comment is required. Commissioner Kim stated there is no hard proposal on paid parking. It is hard to hold a public hearing without it. People are going to say they don’t want meters on Broadway, but no one it talking about meters on Broadway. If the paid parking scheme doesn’t add up to support a proposal then it’s a dead issue. Commissioner Ivins stated he has laid out a paid parking plan. He has no problem moving on this by the second meeting in June. Commissioner Kim stated the paid parking has always been tied to this project. We have 3 different proposals. He does think it makes sense to say who the people are that we want as a partner, and ask if their numbers add up to what we need to do to build their project. Commissioner Ivins stated by accepting a bid we are telling the developer we are going to do it and then figure out how to pay for it. He wants to figure out first how to pay for it and then move forward. Commissioner Kim stated we have accepted bids in the past and then spent a lot of time working on them. He wants to ask whatever questions they need to ask and then pull the trigger. They should not ask the bidders to re-bid the project. He wonders if the numbers are any good as they are 6 months old. Commissioner Ivins stated he does not have a problem moving on it by the second meeting if they get the answers at the first meeting and the public weighs in on the paid parking. If they don’t do paid parking, he doesn’t see a revenue source. This is $2 million a year and that’s another big property tax increase in these tough times. He has e-mails from people saying don’t build anything and put meters everywhere and others are saying build everything and don’t put meters anywhere. The community is divided on this whole issue. Commissioner Kim asked how we match revenues to expenses when we don’t know what are expenses are yet because we haven’t chosen a proposal, therefore they haven’t told us how much it is going to cost. Commissioner Ivins stated if you look closely at the proposals, they have given the numbers. Two are fairly identical in numbers. Page 16 of 21 City Council Meeting 5/19/09 Commissioner Ivins stated again that he would like to have a public hearing on paid parking at the next City Council meeting. Mayor Johnson stated he feels it is time. They have been discussing this for months and people have been approaching them individually. The people should come to the Council and speak to us. Commissioner Scirocco asked if there is a proposal or something to put out. Commissioner Ivins stated he will put his proposal out again. Mayor Johnson stated it will be paid parking everywhere except on the streets; no paid parking on Broadway, no paid parking on the side streets, but paid parking elsewhere – as a proposal. Commissioner Scirocco stated he believes they should come up with some numbers. Mayor Johnson advised they can do the projections based upon the bids. So far the bids indicate that kind of parking is required to fund the project. Less than that is not enough revenue. Commissioner Scirocco asked that they are going to Commissioner Ivins proposal and no further discussion. Mayor Johnson stated they have only been talking about paid parking other than City streets. No one here has ever said put meters on Broadway or side streets. Our maximum proposal is paid parking everywhere except City streets. Commissioner Kim stated we don’t know rates and haven’t made those calculations. The proposals have done that. It seems to him you are having a debate in a vacuum because you don’t know what you are getting for the paid parking. He wonders if there is a real, legitimate effort to move this process forward or a just a delay and deny tactic. Commissioner Ivins stated the hourly rate is in his presentation based upon the proposals. Commissioner Kim stated they have gone out to experts to ask how they can create the High Rock Lot with low to no cost, received proposals for that and now we are re-doing their numbers. What is our expertise? Commissioner Ivins stated the proposals were done with national figures, not local figures. Commissioner Kim stated it is not a legitimate effort to have a paid parking meeting now if there isn’t anything telling the people what they are supporting or against. That is going to deliver a lot of negative comments forcing the conclusion that no one wants paid parking so we can’t build a public safety building. Commissioner Ivins suggesting taking the $18,500 proposed for the PLA and hire a consultant to look at his numbers. Commissioner Kim stated this was just a delay tactic. Commissioner Ivins stated he is not looking to delay this project; he wants to know how they are going to pay for something before they build it. Commissioner Kim stated the proposals tell them that. Commissioner Ivins stated the proposal suggest putting paid parking out there. One proposal puts paid parking everywhere. By accepting the bid we are accepting paid parking. Everyone is ready right now to accept we are doing paid parking to pay for this project? Page 17 of 21 City Council Meeting 5/19/09 Commissioner Kim said no. The award of a proposal at this point allows them to negotiate the details of what it looks like. It is appropriate to have further discussions with the consultant. Commissioner Ivins asked if one of the proposals is accepted and then decide not to do paid parking, are they able to forget the whole proposal. Commissioner Kim believes you can because they haven’t committed to a contract; they only awarded the proposal. Commissioner Franck stated he believes there are 2 bids that are feasible. The only way this can be done is with paid parking. Where paid parking will be is to be decided. They have awarded other bids and not gone to contract as those are 2 different steps. If they want to do this, the only way is through paid parking. The less paid parking, the more that has to go to a property tax. It really comes down to 2 bids and the focus needs to be to look at these 2 bids side by side and then the Council needs to make a decision. There is no other mechanism of doing this other than bonding. Commissioner Kim stated a person from the Dance Flurry was in his office earlier and stated the Dance Flurry was going to be killed because there is not enough parking for them. While we are fiddling around with this and the City Center expands, we are going to be gazing at our navels because we are not going to have enough parking for the larger groups. Paid parking is a necessity given what’s going on with the community. Commissioner Franck said that is what he has been saying. Just say it and move on with the vote. If you build just a parking lot by itself, you can’t do it. If you build just a police station, you can’t do it. Commissioner Ivins asked how to handle the additional questions they have for the bidders. Commissioner Franck suggested holding a workshop to get this done. If everyone gets their questions to his department by this Friday, they can get them out to the bidders. Mayor Johnson stated his understanding is they do not have to give the entire project to one bidder. Commissioner Kim pulled the discussion on the PLA and just accept a proposal. Discussion and Vote: Accept Proposal from BBL/Bonacio for High Rock Lot Development Commissioner Kim pulled this item from his agenda. Discussion and Vote: Authorization for Mayor to Sign Stop DWI Contract with Saratoga County (09-155) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign a Stop DWI contract with Saratoga County. Commissioner Kim explained that this is an annual contract that provides funding for the City for their Stop DWI in the amount of $36,000. Ayes - All Announcement: SSHS Lockdown Drill Commissioner Kim announced that on April 30th, Saratoga High participated in a lockdown drill. He thanked the Saratoga High School staff and police department for the planning and execution of the drill. Discussion: Status of Public Safety Stimulus Requests Commissioner Kim advised that they applied for construction funding for the police and court facility through Congressman Murphy’s office and Senator Gillibrand’s office. There are several other agencies Page 18 of 21 City Council Meeting 5/19/09 they have been working with to seek stimulus funding. They are looking for a $22,000 grant through the Edward Byrne Memorial Grant for laptops (later in the agenda). They are seeking a grant in the amount of $445,000 for the cops hiring recovery program, and also applied to the State Office of Technology for broad band for the City police and fire services. They are also seeking a grant from NYSERDA for code enforcement implementation and inspection funds. Discussion: Demolition Moratorium This item was previously discussed under the Mayor’s agenda – 23 Greenfield Avenue. Set Public Hearing: Demolition Moratorium Commissioner Kim set a public hearing for June 2nd at 6:40 pm. Discussion and Vote: Accept Application for Edward Byrne Grant for Laptops in Police Cars (09-156) Commissioner Kim moved and Commissioner Franck seconded to accept the application for the Edward Byrne Memorial Fund Grant for 5 laptops in police cars. Commissioner Kim advised this is a federal grant that will allow them to put 5 laptops in the police cars. The grant guidelines require that City accept the application. This is a $22,000 grant application. Ayes - All Discussion and Vote: Military Pay (09-157) Commissioner Kim moved and Commissioner Scirocco seconded to credit Sgt. Jason Tetu to be credited with 22 – 10 hour days for a total of 220 hours at a cost of $1,355.31. Commissioner Kim advised that the resolution for this matter limits this credit to Jason Tetu only. He is the only one that does a 10 hour shift and going into the military. Commissioner Ivins asked if this affects the dollar amount they last discussed. Commissioner Kim advised the dollar amount remained the same at $1,355.31. Commissioner Ivins asked if there was any concern with the firefighters; are they looking at a lot of additional cost for that. Commissioner Kim stated the firefighters are considered in terms of military leave benefits as having 8 hour shift. Ayes - All Discussion: Beaver Pond Village Commissioner Kim stated the fire department and the office of public safety submitted an analysis of the SEQRA findings from the applicant on the Beaver Pond Village. Their concerns were regarding the statements that the current staffing levels of emergency personnel were adequate or potentially overstaffed. Public safety wanted to be clear that they are not over staffed. In 2007 the fire department served 537 residents with 1 firefighter. The average throughout the professional fire departments in the Hudson Valley is 1 firefighter per every 390 residents. There are other standards that the City can not meet. Mayor Johnson stated he has seen what was submitted to the planning board. This is not intended to be attacking Commissioner Kim’s; but his concern is that there was a timeframe for submission of comments. Commissioner Kim’s comments were submitted the day of or day before the decision being made by the Page 19 of 21 City Council Meeting 5/19/09 planning board. There is prior letter by Chief Cogan from a couple years ago where he signed off without concerns of the fire department for this particular subdivision. Commissioner Kim stated the Mayor was correct, there was a letter by Chief Cogan stating there would be no impact on the fire department delivering a service to that particular development. What they said later on was that one of the things that has to be recognized is the true cost to the City taxpayers when adding on developments. The rate of increase in population has increased their response time. They did make their point in time because that meeting was open to the public. The applicant came back in the draft SEQRA and took issue with that and then closed the public hearing before they could react. They were late in their second submission because they were surprised by a draft SEQRA that took issue and quoted a lot of suspect statistics. This applicant’s attorney admitted that if they build the development it will cost the city $100,000 per year – net. Mayor Johnson stated the analysis did not take into account the ripple affect of the number of additional people in our community shopping, sales tax, etc. You can’t say it is going to be a net loss to the city- it is a restricted view. Commissioner Kim stated the report does talk about that. For the City to gain from this development, each household has to spend about $100,000 a year to gain in sales tax revenue. The City is not recognizing the true costs of these developments. All that is required is a transfer tax when the house is sold to give us some funds for the future. Mayor Johnson stated his comment was designed to be about the timing of the response. It is also dangerous to second guess the planning board. It is a very involved process and it was an extremely complicated application before the board. It is difficult to go public and indicate something is wrong with the process. Supervisors Joanne Yepsen Resolution passed Supervisor Veitch reported for Supervisor Yepsen. Supervisor Veitch reported the Equal Access to Health Care for All Individuals Resolution was passed. This resolution addressed health care costs, Medicaid share in public nursing homes, and mental health options. They accepted federal stimulus grants for completion of a trail in the middle part of the county and repaving of county roads in the town of Malta. They authorized a contract with ACC and Cornell Cooperative Extension to administer workforce investment programs. County Animal Shelter Expansion Supervisor Veitch reported the Board agreed to fund the new animal shelter by the issuance of bonds. Legislative and Research Committee Report Supervisor Veitch reported a new policy will include encouraging local producers and farmers to participate actively with the bidding process at the county with the jail and Maplewood Manor. Another new resolution passed today was to urge the DEC to keep open the tree nursery in our City. County open space grant The County open space grant application is due on July 30th. There is $750,000 available this year. Matt Veitch Page 20 of 21 City Council Meeting 5/19/09 May Board of Supervisors Meeting Supervisor Veitch stated he reported on this under Joanne’s agenda. New York State Property Tax Payments for NYRA Property Supervisor Veitch stated as of May 7th, the County billed the state for $597,799.89, $305,561.50 of this amount is the City’s tax levy on the NYRA properties. He received a letter last week from the county treasurer stating the state is processing the voucher sent to them. Trails Committee Supervisor Veitch announced the Wilton Mall Trail on Louden Road is done. All that is left to do is signage and a trail register. Look for a June, 2009 opening. Saratoga Phillies Supervisors’ Night Supervisor Veitch announced the Saratoga Phillies will be having a Board of Supervisors Night on June 26th. The chairman of the board will be throwing out the first pitch. This game is open to the pubic and is a free event. Adirondack Railway Meeting Supervisor Veitch reported that Warren County and the Town of Corinth are building a scenic railway. It is written into the RFP that one of the terminuses of the rail line will be Saratoga Springs rail station. He wanted to be there to make sure they do it right. If ticket sales are done here, maybe we can get some sales tax out of this. 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 12:00 midnight. Respectfully submitted, Lisa Ribis Approved: 6-2-09 Vote: 5 - 0 Page 21 of 21