City Council

July 7, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:00 PM P.H. - 2009 Amended Budget 6:30 PM P.H. - Demolition Moratorium 6:40 PM P.H. - Street Acceptance of Horseshoe Drive 6:45 PM P.H. - Zoning Amendment - 36 Nelson Avenue 6:50 PM P.H. - Zoning Amendment of 69 Lake Avenue 6:55 PM P.H. - Zoning Amendment of 82 S. Franklin St. 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 2009 Amended Budget Workshop Minutes 6-22-09 2. Approval of City Council Minutes for 6-16-09 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 6/19/09 $412,358.75 6. Approve Payroll 6/26/09 $453,011.67 7. Approve Payroll 7/02/09 $410,987.21 8. Approve Warrant 2009 Mid MC1JUL09 $136,183.88 9. Approve Warrant 2009 Mid MC2JUN09 $1,445.03 10. Approve Warrant 2009 Mid MC3JUN09 $2,908,010.98 11. Approve Warrant 2009 Regular 1JUL09 $1,184,099.95 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval of Local Law #1 for the Year 2009 – Demolition Moratorium 2. Discussion and Vote: Authorization for the Mayor to Sign the Saratoga County Board of Supervisor’s Youth Week Activity Reimbursement City Council Meeting 7/7/09 3. Discussion and Vote: Revised Bus Driver Pay Scale 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with Experience Works 5. Accept Donations for July Concert Series 6. Discussion and Vote: Authorization for Mayor to Sign Contract with Almost Uncommon 7. Discussion and Vote: Authorization for Mayor to Sign Contract with Music Company Orchestra 8. Appointment: Design Review Commissioner 9. Discussion and Vote: Appointment to Ethics Board ACCOUNTS DEPARTMENT 1. Discussion and Vote: SEQRA for 69 Lake Avenue Zoning Map Amendment 2. Discussion and Vote: Approval of Zoning Map Amendment for 69 Lake Avenue 3. Award of Bid: Ambulance Transport to SEMS 4. Discussion and Vote: SEQRA for 36 Nelson Avenue Zoning Map Amendment 5. Discussion and Vote: Approval of Zoning Map Amendment for 36 Nelson Avenue 6. Discussion and Vote: SEQRA for 82 So. Franklin Street 7. Discussion and Vote: Approval of Zoning Map Amendment for 82 So. Franklin Street FINANCE DEPARTMENT 1. Discussion and Vote: Accept Donations Saratoga’s All-American Celebration 2. Discussion: Saratoga’s All-American Celebration 2009 3. Discussion and Vote: DPW Payroll Transfers 4. Discussion and Vote: Accounts/SARA Grant Payroll Transfers 5. Discussion: City Finances 6. Discussion and Vote: Mid-Year 2009 Budget Amendments & Revenue Transfers PUBLIC WORKS DEPARMENT 1. Discussion and Vote: Accept Donation – Allerdice 2. Discussion and Vote: Accept Donation – Zanetti Architectural Millwork 3. Discussion and Vote: Approval Resolutions – Geyser Crest Well Field – Lead Agency & Negative Declaration 4. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Saratoga Youth Hockey, Inc. 5. Discussion and Vote: Capital Budget – Gilbert Road Bid 6. Set Public Hearing: Request Waiver from Local Law #6 – 498 Crescent Avenue 7. Discussion and Vote: Street Acceptance – Amend the Official Street List – Horseshoe Drive 8. Announcement: Street Paving PUBLIC SAFETY DEPARMTENT 1. Discussion and Vote: Accept Donation from Serotta Bicycles 2. Announcement: Invitation to Sheriff Bowen Page 2 of 29 City Council Meeting 7/7/09 3. Discussion and Vote: Demolition Moratorium 4. Discussion: 2010 Potential Budget Savings 5. Discussion: Police Overtime 6. Discussion: Telephone Malfunction SUPERVISORS Joanne Yepsen 1. Economic Stimulus Open Forum (August 6 New Date) 2. Future of the Saratoga Race Track 3. County Veterans Committee 4. Sustainable Saratoga Update 5. Fashion Show to Benefit Frederick Allen Lodge: July 12 Matthew Veitch 1. Update: Trails Committee 2. Update: Green Committee 3. Announcement: Saratoga County Fair July 14-19, 2009 ADJOURN Page 3 of 29 City Council Meeting 7/7/09 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 7, 2009 6:00 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: Shauna Sutton, Deputy Mayor Michele Boxley, Deputy Commissioner, Accounts Kate Jarosh, Deputy Commissioner, Finance Eileen Finneran, Deputy Commissioner, DPS Patrick Design, Deputy Commissioner, DPW Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS Mid Year Amendments to 2009 Budget Mayor Johnson opened the public hearing at 6:03 p.m. Commissioner Ivins stated there is one small change to the Mayor’s Department – dues for the Chamber of Commerce is being put back into the Mayor’s Department. This is due to getting our energy contract through the chamber. We do not have the buying power and without that membership with the Chamber, our rates would go up drastically. We will need to maintain that membership to continue our energy discounts. Remijia Foy asked Commissioner Ivins if he could point out what changes/amendments have been made. Commissioner Ivins advised this information has been on the internet. He had copies made for the public tonight. There were just a couple minor adjustments made since the last Council meeting. He listed the following changes on the expense side: disability contributions, building copy fees, license and hunting fees, mayor’s equipment, HR administration unfilled, HR administration social security, HR office equipment, senior clerk civil service, senior clerk social security, sick leave buy out, gas and oil, etc. The following was mentioned on the revenue side: investment interest is down; property tax is down, parking ticket revenue is down, casino chair rental is down, etc. The total is $1.375 million of cuts and total of $1.5 Page 4 of 29 City Council Meeting 7/7/09 million of one time money to balance the budget. Some of the items on the expense side have been reviewed by the Finance Office with the other departments to determine if some of the projects could be put off to another time and where they were this year compare to last year at the same time. Mayor Johnson opened the floor to the public. Al Colucci of 9 Lexington Road asked for the total amount of cuts. Commissioner Ivins advised the total amount of cuts at this time is $1.375 million. Mr. Colucci asked if the discussion regarding the dispatchers is off the table. Commissioner Ivins advised that Commissioner Kim has something regarding the dispatchers on his agenda for tonight. It is off the table for this year. Mr. Colucci stated he feels we need to cut now and if we don’t we will be faced with cuts 3 months down the road. There is a lot of animosity in the community. He recommended that we immediately freeze all capital budget programs – not use the money for this budget – but leave it as a safety net. Any reputable financial news is predicting just as hard times next year. Another thing we can look at is why there isn’t a sales tax on SPAC tickets like on the racetrack entrance tickets. He stated we should also revisit the 50/50 sales tax split with Saratoga County. We wouldn’t be having the growth north and south of us if it weren’t for us. Remijia Foy of 95 Oak Street stated it was announced last week on a local radio station that RPI gave the City of Troy $2.5 million for public safety and $300,000 for fire equipment. We do not receive anything from not for profits. It is time we investigate that and have our not for profits step up to the plate for what they have enjoyed here in Saratoga Springs. Also, she sees this Council as a board of directors of a corporation. If you are a board of a corporation you are going to look at innovative management techniques and cost cutting in order to maintain your profits or level of service. She wonders how deep the innovations are and how deep the creative management techniques are going to be for this budget. The 2 biggest departments are the 2 biggest spenders and need to tighten their belts. Mayor Johnson closed the public hearing at 6:31 p.m. Temporary Moratorium on Demolitions Mayor Johnson opened the public hearing at 6:31 p.m. Nan Guslander of 292 Lake Avenue stated she formerly owned 23 Greenfield Avenue. She would like to bring to the Council’s attention the tax revenue that this property brings to the City coffers. Currently the taxes are approximately $20,000. If the building is allowed to be demolished and allowed to be an extension of the Riggi’s yard, that tax money would be lost. She urged the Council to consider the economic ramifications of allowing the demolishing of this building. Douglas Kerr of 60 State Street and president of the Saratoga Springs Preservation Foundation stated the reason the Preservation Foundation proposed this legislation is because the City has a grant this year from the state to look at its historic zoning ordinance and if the current historic districts should be expanded. Moratoriums of this nature are not uncommon and are fair as long as they apply to everyone equally. The Preservation Foundation is satisfied with the legislation as it stands and would like to see it passed. He thanked the Council for their leadership on this. Stephanie Ferradino of Jones Ferradino stated she is here on behalf of her client who owns a piece of property on 66 Franklin Street. Her partner has been before the Council on several occasions regarding this issue and argued the legal issues concerning fundamental fairness and equitability. Since that time, the building inspector issued a report stating the property is unsafe. The fire chief and the City’s code enforcement officer have both provided reports that the building is unsafe. She stated they are concerned Page 5 of 29 City Council Meeting 7/7/09 without the amendment they have proposed leaves the City in a tough position and may expose the City if they are to proceed with the DRC and DRC votes in favor of the demolition of this property. The City has said the property is unsafe; the DRC gave approval to demolish it, but they can’t get a permit to remedy the situation. She asked again that the Council consider the amendment proposed. Kyle York of 59 Railroad Place stated he grew up in an historic home that was not protected. It has been ruined and has broken his heart. He fought hard for that home. What he can’t fight for is bad legislation that will cost us money in litigation. This law is a law written after the fact. The property was purchased before this law was written. We have a flawed system. If we pass this law and the owners are denied their request, we will be taken to court and we will lose. Our intentions to preserve are good, but the law is the law. Mayor Johnson closed the public hearing at 6:40 p.m. Street Acceptance of Horseshoe Drive Mayor Johnson opened the public hearing at 6:40 p.m. Commissioner Scirocco stated this public hearing is to amend the official list of streets to include Horseshoe Drive as a street to receive all City services. John Krause of 227 Grand Avenue asked for clarification of why this street is being turned over to the City. Who maintained the services on that street before and what is going on with the other streets in that development. He remembers $89,000 held in escrow. Commissioner Scirocco stated this is Phase 2 of the project. The City and the developer could not come to an agreement on a situation with water in the basements. The developer sued the City for the letter of credit. They won the lawsuit – the City maintained $25,000 of the letter of credit. The City didn’t take the street over because it didn’t meet City standards and the water issue wasn’t resolved. The work on Nelson Avenue is helping to solve the problems. There was a court order that stated the City has to take this street over. Mayor Johnson closed the public hearing at 6:48 p.m. Zoning Amendment – 36 Nelson Avenue Mayor Johnson opened the public hearing at 6:48 p.m. Commissioner Franck stated that on this zoning amendment and the zoning amendment for 69 Lake Avenue, the City and the County provided a positive ruling. In regards to 82 So. Franklin Street, the County didn’t rule because it wasn’t within their purview to do so, but the City ruled in favor. Michael Toohey, attorney for the applicant stated this parcel is next to the flat track and across from the harness track. The property has historically been known as the Whitney Farm – Green Tree. The property has continually been zoned as Rural Residential 1. Darley has purchased this property and will be using this for a horse training facility. There will not be any gambling on the premises. A horse racing facility is not defined in the City Code. They defined something to eliminate the concern of what this property is going to be used for. Mr. Toohey provided a handout that list what the proposed zoning would allow on this property. Horse training is an industry Saratoga is familiar with. This training facility is not going to run 365 days a year – only during the nice weather. He asked the Council to vote positively on this as this City could use all the revenue this can bring and to preserve the historic nature of this property. Skip Carlson of 9 Ureka Avenue and Vice President of Saratoga Gaming and Raceway stated Saratoga Gaming and Raceway’s preference is a new category be created – horse training facility. The addition of the horse training facility to the institutional horse track related category does not affect the current status of Page 6 of 29 City Council Meeting 7/7/09 Saratoga Gaming and Raceway. Also, Darley Stud is classified as a horse training facility and all the prohibitions listed in the amendment apply to them. Mayor Johnson clarified that Mr. Carlson is asking the Council to amend the application in regard to the definitions or just supplying comments. Mr. Carlson stated he was just supplying comments for the record. Tom Frost, architect in Saratoga Springs stated the 2 dissenting votes with the planning board was due to the set backs. They thought it would allow for a higher density use of this property than the current zoning of Rural Residential 2 would. He can’t figure how they go to that conclusion. He is trying to think if single family homes are actually better than what is there now. It is the desire of the owner to keep the character of the property in tact as it is now. Alan Justin of 18 Nelson Avenue stated Darley Stud is a good neighbor and will continue to be a good neighbor. He commended them on the improvements that have been made to the property so far. He requested that something be put into verbiage that the view sheds do remain. Mayor Johnson closed the public hearing at 7:05 p.m. Zoning Amendment – 69 Lake Avenue Mayor Johnson opened the public hearing at 7:05 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:07 p.m. Zoning Amendment – 82 So. Franklin Street Mayor Johnson opened the public hearing at 7:07 p.m. Michael Toohey, attorney for the applicant stated this is a substandard parcel of landing the parking lot behind the West Side Stadium Café. It can not be used for the construction of a home and is only 561 square feet. They are asking the Council to rectify the mistake. No one spoke. Mayor Johnson closed the public hearing at 7:07p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:07 p.m. PUBLIC COMM IENT PERIOD Mayor Johnson opened the public comment period at 7:09 p.m. 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. Abby Temple of 5 Lake Avenue and a public safety dispatcher read the following statement: Page 7 of 29 City Council Meeting 7/7/09 “I am in my 8th year of service with the City. My father was employed with the police department for 37 years and I literally grew up within this department. He was promoted to Captain in the early ‘90’s and as a member of the administration was involved with all aspects of operation, including budgetary. I spent my adolescence hearing about the need to find funding for programs such as DARE & the K9 patrols, as well as the pressure to make cuts and reduce overtime. The faces at this table have changed over time but it seems the conversation is still the same, sometimes a little more dramatic than others. I’ve heard and seen first hand where cuts have worked and when some just weren’t feasible with the functioning of the department. I understand the budgetary constraints the city is facing. I’ve listened to Council meetings online and more recently been in attendance, as having my of my co-workers. Consolidating dispatch with the SCSO is not a decision that can be made hastily. I believe that the Council has been presented with a very narrow view as to what the impact of this consolidation would be, not only to the annual budget’s bottom line but also to the public safety of the City and the safety of our police officers and firefighters. Civilian dispatchers stated working for the police department in the late ‘90’s and have been utilized as employees for the fire department since the ‘70’s. Dispatch was centralized between the two in 2000, due to the increase in call volume and as well as a cost saving measure by the department of public safety. Civilians, at a much lower cost to the City assumed duties that were previously handled by sworn personnel at a higher rate of pay. Over the past 10 years the job has evolved into a unique position with it’s vital to daily function of both the police and fire departments. We are each departments only support staff. If civilian dispatchers are no longer working within the police department, sworn personnel will have to reassume many of the responsibilities that we currently have. It would result in having an officer, at a higher cost to the City, perform duties that we currently handle and would ultimately result in fewer officers on the road due to being tied up in the station. Numerous other responsibilities we have would fall upon the supervisors in the station, diverting his or her attention from more vital supervisory duties. Our fire department is a unique entity within the county as the only paid fire department staffed 24/7. We follow different operating procedures than every other department within the county. These are the same issues that resulted in the department of public safety creating the centralized dispatch center currently in operation and staffing with civilian personnel. The scope of the job as we perform public safety dispatchers is much broader than that of a desk officer at the Sheriff’s Department. I have first hand knowledge of this since my husband is a desk officer with the SCSO and has been employed there for the past 5 years. He was previously employed by the City as a public safety dispatcher as well. I could site all the specifics for you, but it would take a lot longer than the 2 minutes I’m allotted here today. Speaking on behalf of all the public safety dispatchers, I am asking the Council to make an informed decision about the consolidation of dispatch with the Sheriff’s office. We believe that when investigated thoroughly and accurately you’ll find that the cost saving from consolidating would be minimal, if any exists. Analyze study and examine our current operations, services, technology and equipment to determine requirements, costs and other critical issued that would arise from consolidation. There are many firms that specialize in consolidation as well as many case studies available from other agencies that have explored this avenue. I have information on some of these that I will provide to Commissioner Kim’s office. There are many success stories of consolidation across the country and there are also many instances where it was not cost affective of appropriate and the idea was abandoned. One thing I have found to be consistent throughout my researching of this concept since it was first brought to the table in June is the cost of savings is never what is anticipated to be and success happens when the motivation for consolidation is increasing public safety and efficiency, not as a cost cutting measure. Page 8 of 29 City Council Meeting 7/7/09 I, as well as my fellow dispatchers, welcome any opportunity to discuss the specifics in more detail with any member of the Council at your convenience. We urge you to also have an open dialogue with the administration of both the police and fire department and to trust their expertise in their fields and the knowledge they’ve gained with the numerous years of service they’ve provided this City. Clark Hayward of SEMS stated he attended tonight to personally thank the members of the City Council and the members of the RFP committee for the award of the contract for ambulance transport. The City gets to retain a quality medical provider at no cost to the City and 40 jobs are preserved in the community. The residents of the City get to enjoy the continuity of care. He was a little curious and surprised about the press contacting him regarding the details of the agreement between SEMS and the City. He was surprised that the press found out details of the agreement before the provider. He inquired of Commissioner Kim when they (SEMS) would be privy to the information that was provided to the press. Commissioner Kim stated he would have liked to have had the contract on the agenda but it did not get through the Mayor’s Office. He is not even sure if it will still be awarded tonight. He had on his agenda an item for the mayor to be authorized to sign the contract with SEMS, but that was pulled from him agenda by the Mayor’s Office. Mr. Hayward stated he finds it odd that the press would be made aware of the details before the vendor. Commissioner Kim stated the philosophy in his department is once the decision has been made, the public should know. They are dealing with difficult economic times and they want to squeeze the last dollar out of every asset they have. One of the assets they have is the building on West Avenue where SEMS has been for the past 30 years rent free. They hoped to have the contract up and available to the public. Mr. Hayward stated he is not sure what SEMS being in the building has to do with public safety releasing information to the press prematurely. Commissioner Kim stated he didn’t believe it was premature because he thought it was going to be on the agenda; as of yesterday when he was talking to the press. The process is they submit their agenda items to the Mayor’s Office and then it was pulled. They were told after the fact this was going to be pulled from their agenda. The question is whether or not the mayor has the right to do. Mayor Johnson stated he did not pull this item from the agenda. It could not posted on the agenda because it was procedurally deficient. It came to the City Council as an item agenda last Thursday but was not in the proper format. It also was not attached to the RFP as it should be. The city attorney is to review any agreements – this was not in the proper format and procedurally defective. It was rejected by the city attorney due to the improper format. The Monday morning before an agenda meeting the Council gets together to discuss what is suppose to be on the agenda and what to expect the next evening. He and Commissioner Kim were both at the agenda meeting and there was no mention of anything missing from the agenda, mainly this contract. Commissioner Kim stated the reason it wasn’t on the preliminary agenda is because it was in the risk and safety manager’s office for approval and the attorney’s. They assumed that was pro-forma. Remijia Foy of 95 Oak Street stated she was concerned by the agenda item on the public works agenda regarding the Gilbert Road bid. She was shocked and concerned that the policy that has been in place for more than 30 years and has applied to every development was not being enforced. A water district must be established prior a waterline being installed so that the homeowners would know what additional fees they are responsible for, for the improvement to their property. The need for the establishment of a water district prior to the actual work being done was dismissed by the commissioner in the press as “we’ll take care of that stuff later.” - $700,000 is some ‘stuff’ and doesn’t deserve to be dismissed in that manner. She hopes all the Council members are as concerned of the proper procedure in this manner as they are concerned with the proper procedure regarding the contract with SEMS. Page 9 of 29 City Council Meeting 7/7/09 Commissioner Ivins stated they determined the water district creation should come through the Finance Office and he is working on this. Commissioner Scirocco stated he never objected to forming a water district. There is no rule or law that states the water district has to be created before the line is installed. No other project was ever done by bid – it was all done by the City. His issue was this project needed to go out to bid to know how much the project was going to cost. This waterline will not only serve those people on Gilbert Road but it will also serve the whole eastern plateau. As commissioner of public works he needs to know these people have potable water in the event the pipe breaks. This issue is how much is the project going to cost and they won’t know until it goes out to bid. These people have no water and are drinking out of streams. Commissioner Franck stated whether we did or didn’t agree on Sept. 12th to a water district, to say we have to do a bid before we can set it up is not true. No matter what the cost is, these people can’t bear the whole cost. Their cost is going to be close to what their neighbors are paying. We have bid out in the past; this is not the first. In conformance with Local Law #6 of 2001, Meadowbrook Road, Gilbert Road, Piping Rock Circle, Mystic Lane, and Conver Drive, a special assessment district set up. This should have been done months ago, even if we had to wait for the final cost at the last minute. The latest a special water district should have been set up was February, 2009 when the Council gave permission to bond this project. He told Commissioner Scirocco not to send up the bid unless he agreed to set up a special water district. Other members on the Council agreed with him. He felt he came more than half way by asking Commissioner Scirocco to just agree to setting up a district before the bid went out. The homeowners were asking to be treated the same way the others were treated. Commissioner Franck also stated he read in the paper the pipes are about to burst. Those pipes are in the newer part of the City, the pipes are 20 years old. The project he just mentioned was done in 2002. He voted for this last minute amendment because of redundancy and to a loop. Commissioner Franck read the following memo from Commissioner Scirocco to him on June 26, 2009 into the minutes: “Per our discussion today, June 26th, we agreed that there was no need to set up a special water district for the Gilbert Road project. You further agreed that the bid would be distributed upon receipt of this memo. Per the September 12, 2008 City Council minutes, page 8, Commissioner Ivins stated that this project would be funded out of the waterline extension fee capital fund. It is imperative that this bid be distributed as quickly as possible because of the Tuesday, July 7th pre- bid meeting. If you are unable to distribute this bid by the close of business on Monday, June 29th, please advise me.” This memo was cc’d to Mayor Johnson, Commissioner Ivins, and Commissioner Kim. Commissioner Franck stated he never met with Commissioner Scirocco; he wasn’t in the City that day. He has forgotten all the minutes from July 12th – page 5, 6, 7, etc. He just talks about page 8 and even then he takes it out of context. Whenever there is a waterline extension, someone has to pays for it – the contractor, developer, etc. He is for the project but let’s do it the right way. He is just trying to make this equitable and fair. Commissioner Scirocco can call the Saratogian and have discussions but he can’t call him. Commissioner Scirocco stated he spoke with Deputy Boxley on this. He was presented with a letter from Commissioner Franck at 3:00 pm last Friday when the bids were suppose to go out. He consulted with the city attorney and was told that in regards to the charter there is nothing that says a special assessment district has to be formed before the bids go out. If you are working by the charter than that’s what you need to do. Commissioner Franck stated he is working by the charter and it states he is in charge of bids. He also didn’t say it had to be set up ahead of time. Commissioner Scirocco stated he is going to pull this from his agenda. Commissioner Franck stated Commissioner Ivins has worked on this and all he has asked from day 1 is for Commissioner Scirocco to agree to start the process and he still hasn’t. Commissioner Ivins had to take this over. Page 10 of 29 City Council Meeting 7/7/09 Commissioner Scirocco stated he has agreed to this. He spoke to Commissioner Ivins last night – Commissioner Franck wasn’t even in town. Do you want the taxpayers the bear the cost of the whole $700,000? Commissioner Franck stated he never did want that but he wants it distributed the say way it was to the others. Remijia Foy stated Commissioner Franck brought up all the points she was going to make. Everyone is entitled to pure water but you do have to follow proper procedures. No one is opposed to extending waterlines. The failure to follow pre-established city policy sends up the red flag. Wilma Koss of 160 Kaydeross Park Road stated she is here to support the efforts to petition Governor Paterson to restore the VLT money to our city. She provided the Council with signatures from her neighborhood. She hopes other people in the community are doing the same. The last time she appeared in front of the Council was to ask the Council to refrain from passing a resolution in support of universal health care. Would people be happier to wait so long for care that they wouldn’t have a chance for survival? The survival rate for cancer patients in the US is better than in Canada. The Canadian citizens who can afford it come to the US for care. Theresa Cappazola of 57 Gilbert Road thanked the Council for making a resolution that helps all. They are 10 families that were left out of the original waterline extension on Gilbert Road. She thanked Commissioner Ivins for being the piece of the puzzle that brought everything together – she appreciates being able to call her City Council and speak with them directly, their deputies or their staff. Amejo Amyot of 219 Woodlawn Avenue stated the Riggi’s were assessed at only $600,000 for their house which is rumored to be worth $22 million. In these hard times, we should be looking into if that is a fair assessment; we could use some of that tax money. Also, during these hard times, if we had universal health care, the City would be saving a lot of money. If we didn’t have to pay for health care for City employees, that money could be used elsewhere. Al Colucci of 9 Lexington Road spoke in regards to the street paving item on the Public Works agenda. If we had the money, could we have completed the Nelson Avenue paving? Has the bid to complete the sewer project to allow this construction taken place? Kyle York of 59 Railroad Avenue stated he is a fan of reigning in the unions. There was something he came across in the budget and is not making this a matter of personalities. It is about the position. The Charter of 2001 had a position called the Administrator of Parks, Open Land and Historic Preservation. That position was never filled in 2001, 2002, 2003, 2004, 2005, or 2006. In 2007 it was filled when Lew Benton was appointed for an annual salary of $48,000. The job was to over see the Visitor Center, Preservation, Historic Preservation, and Open Space – a lot on the plate. The Saratogian editorial of July stated “Benton is sure to unearth the master plan that has been designed for City historic districts.” In2008, his job was changed again according to the March 12th Saratogian – “the Civil Service revised Benton’s job description removing Visitor Center from his plate allowing him to focus on open land and historic preservation in the City.” It seems to him that is a huge change in the job but is still at $48,000 position. What did we get for it? In 2008 when the marker for the historic area was discussed about Jewish history it said “they met with Lew Benton, Director of Park, Open Land, and Historic Preservation.” A year later when the marker was placed and the photos were taken, there was no Lew Benton, who is in charge of historic preservation. There was someone else there from the Visitor Center – Johnnie Roberts. His final point is if he hasn’t been at work on historic preservation; specifically this could have been the Greenfield home; that could have been something on his plate without the Visitor Center. The January 7, 2009 edition of the Saratogian – “a $20,000 grant from the DEC will allow the City to inventory trees.” Benton applied for this grant. “This envisions also consulting with the major utilities and crafting a protocol on routine maintenance and trimming in the public right of way.” If this is what we are getting for a $48,000 job that went unfilled for 5 years, it is a job we don’t need filled now especially if this job couldn’t made any headway on the situation we are facing at Greenfield or 66 Franklin. Page 11 of 29 City Council Meeting 7/7/09 Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda with the revisions stated as follows: 1. 2009 Amended Budget Workshop Minutes 6-22-2009 2. Approval of City Council Minutes for 6-16-2009 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 6/19/09 $412,358.75 6. Approve Payroll 6/26/09 $453,011.67 7. Approve Payroll 7/02/09 $410,987.21 8. Approve Warrant 2009 Mid MC1JUL09 $136,183.88 9. Approve Warrant 2009 Mid MC2JUN09 $1,445.03 10. Approve Warrant 2009 Mid MC3JUN09 $2,908,010.98 11. Approval Warrant 2009 Regular 1JUL09 $1,184,099.95 Ayes – All Mayor’s Department Discussion and Vote: Demolition Moratorium - Local Law #1 2009 (09-190) Mayor Johnson moved and Commissioner Ivins seconded to approve Local Law #1 for the Demolition Moratorium which will expire on February 1, 2010 . Mayor Johnson stated this has been posted for some time and distributed to the Council on July 2nd in its final version. The Council agreed to waive the reading of the law. Upon further review by the city attorney and the planning department it was determined that the revisions from the last meeting were not desirable to do so at this point in time. The moratorium is being left in its prior format. There was some revision to one of the “Whereas” clauses in the beginning of the proposed law where it is setting forth certain reasons behind the enactment of a proposed moratorium. The change was made to recite there was a public interest in protecting historic structures from being demolished. That was the revision made from the last meeting to tonight to broaden the effect of it. Ayes – All Discussion and Vote: Authorization for Mayor to Sign the Saratoga County Board of Supervisor’s Youth Week Activity Reimbursement (09-191) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign the Saratoga County Board of Supervisor ’s Youth Week Activity Reimbursement in the amount of $3,500. Linda Terricola, Director of Recreation stated 3 of the vendors could not perform due to the weather. This is fully funded by the Board of Supervisors through a grant at no cost to the City. Ayes – All Discussion and Vote: Revised Bus Driver Pay Scale (09-192) Mayor Johnson moved and Commissioner Scirocco seconded to revise the bus drive pay scale as described. Page 12 of 29 City Council Meeting 7/7/09 Linda Terricola stated effective 6/29/09 the have imposed a new pay scale for the bus drivers for Camp Saradac. With this the City will be saving $1,300. What is being proposed is $15.50 per hour for bus drivers who are with them up to 5 years; from year 6 on, they will be $16.50 per hour. Mayor Johnson confirmed this is the same pay scale as in 2008. Ms. Terricola advised this is the same except for the revised increments. If this amendment wasn’t made, one of the drivers would be make $19 per hour. Commissioner Ivins asked for clarification of if the people who was making more than the proposed amount, are they now going to receive the lower amount. Ms. Terricola advised if a driver was making more than the $16.50, they would now be making $16.50 per hour. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Experience Works (09-193) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Experience Works. Mayor Johnson advised Experience Works is an agency that works with the senior community services employment program to provide training services in conjunction with our Visitor Center. There is no cost to the City for these training services. Ayes – All Discussion and Vote: Accept Donations for the July Concert Series (09-194) Mayor Johnson moved and Commissioner Scirocco seconded to accept donations for the July concert series from Saratoga Springs Teachers Association for $500, Saratoga National Bank & Trust Company for $500, the Bread Basket for $50, and Skidmore Apartments for $400 . Mayor Johnson stated this is for the concert series at Congress Park. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Almost Uncommon (09-195) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Almost Uncommon. Mayor Johnson stated this is for 2 concerts to be performed by Almost Uncommon at $150 per performance – July 12th and July 19th. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Music Company Orchestra (09-196) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Music Company Orchestra. Mayor Johnson stated this for a concert on July 26th to be given by Music Company Orchestra in the amount of $200.00. Ayes – All Page 13 of 29 City Council Meeting 7/7/09 Appointment: Design Review Commission Mayor Johnson stated he is pleased to announce the re-appointment of Rich Martin to the Design Review Commission. Mr. Martin has been a member of the DRC for a number of years and brings a wealth of information and expertise. He brings a practical approach to the commission. Mayor Johnson thanked him for his prior service. Discussion and Vote: Ethics Board Mayor Johnson moved and Commissioner Franck seconded to appoint Thaddeus Obloy to the City ’s Ethics Board effective Mayor Johnson stated this person has a master degree in education administration, degrees in mathematics, philosophy, and a mater’s in arts, etc. He also served as the superintendent of schools for the New Lebanon Central School District in Columbia County for almost 20 years and was the former principal of St. Clement’s School in Saratoga Springs. Commissioner Franck stated he has no problem supporting this motion. His only concern is the Council usually has the ability to have the bio of the appointee prior to the motion. If the Council doesn’t have a problem with this he will not ask to table this. Commissioner Kim stated Commissioner Franck is correct where they usually have time to review the credentials of the person. However, in this case, he is well aware of Dr. Obloy and has no problem supporting this because he knows he is well qualified. Ayes - All Accounts Department Discussion and Vote: SEQRA for 69 Lake Avenue Zoning Map Amendment (09-197) The City’s Planning Board as well as Saratoga County’s Planning board reviewed the zoning map amendment for 69 Lake Avenue. Both boards approved or issued a favorable advisory opinion for the zoning amendment. The applicant has completed part 1 of the SEQRA short form and the City Council must complete Part 2 of the SEQRA short form. He read through each question of Part 2 of the SEQRA short form and suggested the appropriate answer to the Council. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No Impact anticipated . C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No Impact anticipated . C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No Impact anticipated . C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No Impact anticipated . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No Impact anticipated . C6. Long term, short term, cumulative, or other effects not identified in C1-C5? No Impact anticipated . C7. Other impacts (including changes in use of either quantity or type of energy? No Impact anticipated . D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Part III Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Page 14 of 29 City Council Meeting 7/7/09 Based upon the information provided by the applicant in Part I of the SEQRA Short Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQRA Short Environmental Assessment Form, it is the City Council’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment. Commissioner Franck moved and Mayor Johnson seconded to issue a SEQRA Negative Declaration for this action. Ayes – All Discussion and Vote: Approval of Zoning Map Amendment for 69 Lake Avenue (09-198) Commissioner Franck moved and Commissioner Scirocco seconded to approve the zoning map amendment for 69 Lake Avenue as presented to the Council . Mayor Johnson stated the change being approved is to change the parcel from a zoned Urban Residential – 4 (UR-4) to a Neighborhood Complimentary Use District -3 (NCUD – 3). Ayes – All Award of Bid: Ambulance Transport to SEMS Commissioner Franck moved and Commissioner Kim seconded to award the ambulance transport bid to SEMS. Commissioner Kim suggested this item be pulled since the contract was pulled from the agenda and vote on this at the same time a vote is taken on the contract. Commissioner Franck pulled this item from his agenda per Commissioner Kim’s suggestion. Discussion and Vote: SEQRA for 36 Nelson Avenue Zoning Map Amendment (09-199) The City’s Planning Board as well as Saratoga County’s Planning board reviewed the zoning map amendment for 36 Nelson Avenue. Both boards approved or issued a favorable advisory opinion for the zoning amendment. The applicant has completed part 1 of the SEQRA short form and the City Council must complete Part 2 of the SEQRA short form. He read through each question of Part 2 of the SEQRA short form and suggested the appropriate answer to the Council. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No Impact anticipated . C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No Impact anticipated . C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No Impact anticipated . C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No Impact anticipated . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No Impact anticipated . C6. Long term, short term, cumulative, or other effects not identified in C1-C5? No Impact anticipated . C7. Other impacts (including changes in use of either quantity or type of energy? No Impact anticipated . F. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No G. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Part III Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Page 15 of 29 City Council Meeting 7/7/09 Based upon the information provided by the applicant in Part I of the SEQRA Short Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQRA Short Environmental Assessment Form, it is the City Council’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment. Commissioner Franck moved and Commissioner Ivins seconded to issue a SEQRA Negative Declaration for this action. Ayes – All Discussion and Vote: Approval of Zoning Map Amendment for 36 Nelson Avenue (09-200) Commissioner Franck moved and Commissioner Scirocco seconded to approve the zoning map amendment for 36 Nelson Avenue as presented to the Council . Commissioner Franck confirmed with Michael Toohey that the schedule A he presented to Council was the same thing submitted and reviewed by the Planning Board. Michael Toohey confirmed the wording is the same. Commissioner Franck asked if the property is sold which zoning would be in effect. Mike Toohey advised if there was a new owner, they would have to abide by the proposed zoning assuming it was approved by the Council. Commissioner Franck asked if RR-1 allows for a heliport. Mr. Toohey advised he did not know if a heliport is permitted in a RR-1 zone. It is allowed in the institutional track related zone. Commissioner Kim asked why the City Council wouldn’t require the accessory uses (dormitories) to go before the planning board for a special use permit. Mr. Toohey advised there are similar uses allowed at the harness track and the flat track that are permitted as principal uses. Commissioner Kim stated he would be more comfortable if some of the accessory uses had some kind of special use permit involved. Mr. Toohey advised the review process does have input from the general public; there is SEQRA requirement as you go through the site plan process. Commissioner Ivins stated he had a question regarding residence without payment for 90 days. Does it imply an employee can’t live there more than 90 days? Mr. Toohey stated there are dorms for employees, single family residences for employees, for a finite period of time. They wrote it this way because the planning board was concerned this would be a ‘shoe horn’ mechanism for bringing in a quasi hotel. It is not going to be a quasi hotel if you are not charging rent. Commissioner Franck stated his concern was what could happen down the road. He has never voted against what one of our boards recommends. Page 16 of 29 City Council Meeting 7/7/09 Mayor Johnson stated he also received comments from neighbors relating to this property turning into a hotel. The applicant and the planning board has worked well to define the allowed use that should satisfy any of the concerns he has heard. Ayes – All Discussion and Vote: SEQRA for 82 So. Franklin Street Zoning Map Amendment (09-201) The City’s Planning Board reviewed the zoning map amendment for 82 So. Franklin Street and issued a favorable advisory opinion by unanimous vote for the zoning amendment. The County Planning Board did not review this zoning amendment as it is not a mandatory referral under General Municipal Law, Section 239. The location of the amendment is not within 500 feet of a municipal boundary. The applicant has completed part 1 of the SEQRA short form and the City Council must complete Part 2 of the SEQRA short form. He read through each question of Part 2 of the SEQRA short form and suggested the appropriate answer to the Council. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No Impact anticipated . C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No Impact anticipated . C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No Impact anticipated . C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No Impact anticipated . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No Impact anticipated . C6. Long term, short term, cumulative, or other effects not identified in C1-C5? No Impact anticipated . C7. Other impacts (including changes in use of either quantity or type of energy? No Impact anticipated . H. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No I. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Part III Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Based upon the information provided by the applicant in Part I of the SEQRA Short Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQRA Short Environmental Assessment Form, it is the City Council’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment. Commissioner Franck moved and Commissioner Scirocco seconded to issue a SEQRA Negative Declaration for this action. Ayes – All Discussion and Vote: Approval of Zoning Map Amendment for 82 So. Franklin Street (09-202) Commissioner Franck moved and Commissioner Ivins seconded to approve the zoning map amendment for 82 So. Franklin Street as presented to the Council. Mayor Johnson stated the zoning is changing from an Urban Residential-3 to a Transect–6. Ayes – All Page 17 of 29 City Council Meeting 7/7/09 Finance Department Discussion and Vote: Accept Donations – Saratoga’s All American Celebration (09-203) Commissioner Ivins moved and Commissioner Franck seconded to accept donations from Residence Inn Marriott for $500, Jones Ferradino for $500, and $925 for t-shirt donations for the All American Celebration. Ayes - All Discussion: Saratoga’s All-American Celebration 2009 Commissioner Ivins stated the weather held. He thanked all the sponsors for their generosity. They received over $9,100 in donations. There were over 1,000 runners in the road race, over 200 people went on the historic tours. He thanked public works, public safety and their committee especially Leslie Miller – chairwoman, for their assistance. It was a successful event. Discussion and Vote: DPW Payroll Transfers (09-204) Commissioner Ivins moved and Commissioner Scirocco seconded to authoriz e the DPW payroll transfers. Ayes – All Discussion and Vote: Accounts/SARA Grant Payroll Transfers (09-205) Commissioner Ivins moved and Commissioner Franck seconded to authoriz e the SARA grant payroll transfer. Commissioner Franck stated this is revenue neutral. Ayes – All Discussion: City Finances Commissioner Ivins stated sales tax is down 8% from 2008. There will be a presentation by Will Reynolds from our independent auditors at the Monday, August 3rd agenda meeting due to scheduling conflicts. He also held a VLT press conference and circulated a petition asking the governor to restore funds. There are now over 800 signatures. This is a non-partisan issue to try to get money back for the City. Discussion and Vote: Mid-Year 2009 Budget Amendments & Revenue Transfers (09-206) Commissioner Ivins moved and Commissioner Scirocco seconded to accept the changes as presented. Commissioner Franck stated he is not comfortable that there is a sufficient amount of cuts. He felt they should have gotten close to $2 million in cuts. If you look at the Wall Street Journal, the US is looking a second stimulus package, GM & Chrysler are bankrupt, California sending out IOUs, unemployment is the highest in 26 years and locally VLT money is gone, sales tax is down, etc. Foreclosures are rising, peoples’ property taxes are in arrears, since the last Council meeting Eddie Bauer filed bankruptcy, and Boarders is re-structuring and closing stores. What he sees in this budget is deferrals not cuts. This is going to increase taxes by double digits for a number of years. He can’t support this budget. He believes in other revenues and believes they need to start pounding the county to take less of our sales tax. There has to be cuts and concessions – the money is not there. We are going to be back in 2 months doing the same thing with the only difference being we are going to be raising people’s property taxes. If we can’t make the tough decisions now, we are not going to be able to make them in 2 months. Page 18 of 29 City Council Meeting 7/7/09 Commissioner Scirocco when they started working on this budget last fall, everyone sacrificed a lot. He agrees with everything Commissioner Franck says, but it just may be the way this Council does business and the form of government. It is hard to sit here and say you’re going to cut your budget and sacrifice essential services. He has cut over $700,000 in this budget from the previous administration. He can’t cut anymore without sacrificing essential services. He thought the Council would look at a 2-3% tax increase. DPW is operating with a skeleton crew compared to what was there a year ago. They haven’t hired anyone. They have union issues and civil service issues. He is going to support the budget because Commissioner Ivins did a good job. Right now we are where we need to be. Commissioner Kim stated he is not sure this is going to pass tonight. If it does, Suzanne Kwasniewski is the only person who is going to lose their job. He agrees with Commissioner Franck in the sense that they are deferring a lot of decisions. The cuts should be in the priority of essential versus non-essential. He f ought hard against the fire and police cuts as those are essential services and should not be cut unless they are the last resort. Since the VLT decision isn’t going to happen until April 2010, it will have no impact on this budget or the 2010 budget. There are other revenue streams that they can look at in the longer term. It is incredible to him that they are not looking at a capital budget moratorium on any project that is not receiving outside funding (stimulus money). He agrees there are not enough cuts in this budget. DPS has been cut severely and are still talking about dispatch, etc. People are amazed at the conversation we are having and the conversation we are not having. Mayor Johnson stated it comes down to management of City services. Is it being managed properly – is each department controlling their costs the best way possible? He is not making it personal to any department. He believes they are not cutting enough in this budget to make it work. He does not support use of one time money. In DPS, over the last 4 years there has been a 25% increase – where is the money going? He needs answers before he will adopt a budget – from 2006 – 2008 there was nearly double the amount of overtime the PBA received from the City. The compensatory time (comp time) from the PBA is staggering in his estimation – 50% increase in a 2 year time span from 2006 – 2008. If every department in the City operated in that fashion we would be out of business a long time ago. We cannot continue to do that. Maybe it is time to take funding away and force better management for the taxpayer of our City. He can’t support this budget without further reductions especially from Public Safety. Commissioner Ivins stated he has done a lot of work on this the past couple of months. He has received a lot of input from people. This is going to be on every agenda until this is passed. At this point he is throwing this back in the Council’s lap because he is not getting anywhere. He wants someone to put an amendment out there and see if they get a second. Commissioner Kim stated he is happy to support the budget with a capital expenditure moratorium for any project that is not receiving federal, state, local or private funding. He is offering that as an amendment. Commissioner Scirocco stated that isn’t possible at this time. They have the Geyser Crest Well Fields project – where if they don’t get the project done before December 1st, they will have to boil water. Commissioner Kim confirmed that is being funded through the water budget. Commissioner Scirocco stated it was. Commissioner Kim stated that he will amend his amendment to include projects funded through the water budget. Mayor Johnson asked for a second to the amendment – (no second received). Franck stated the numbers aren’t even close for him. He believes they need to look back at the Connolly amendment – when they had a 1% cap on the capital budget. He doesn’t know where they are on that. Commissioner Ivins stated they are closer to a 1.5% range now. Page 19 of 29 City Council Meeting 7/7/09 Franck stated it is going to be catastrophic going into next year. He is looking at these numbers and what is being taken out – there is no way these numbers are going to be pushed yet another year into 2011. Commissioner Kim stated if we push this off to next city council meeting – how much does this equate to in dollars? We are not even talking about ½ year cuts now. It is Incredible that the mayor can sit here when he has positions in his office that he could cut – executive assistant and a telephone operator that he could cut. He will vote for this because what he sees is a failure in leadership by our mayor. If the mayor wants to get the cuts from the police department, he needs to get rid of the attorneys for $250/hr. and bring him in on the negotiations. Whether the mayor likes it or not, he has credibility with the PBA. He said thank you to Suzanne Kwasniewski – she has done a great job. She has been working on an analysis of the same size cities around the state. NYCOM tells us that the City of Saratoga Springs is one of the lowest cost police forces for the size of its city. They will show that information and they will also show the other departments that aren’t working as efficiently as possible. He calls the question. Commissioner Ivins stated they have to vote on calling the question then they vote. Ayes – All Mayor Johnson called a vote on the original motion. Roll Call: Commissioner Franck – Nay Commissioner Ivins – Aye Mayor Johnson – Nay Commissioner Scirocco – Aye Commissioner Kim – Aye Public Works Department Discussion and Vote: Accept Donation - Allerdice (09-207) Commissioner Scirocco moved and Commissioner Franck seconded to accept the donation from Allerdice in the amount of $ 2,825 for the hardware for the new front doors of City Hall. Commissioner Scirocco extended a heartfelt thanks to Wally Allerdice. Ayes – All Discussion and Vote: Accept Donation – Zanetti Architectural Millwork (09-208) Commissioner Scirocco moved and Commissioner Franck seconded to accept the donation from Zanetti for the front doors of City Hall. Commissioner Scirocco read Mr. Zanetti’s letter into record as follows: To Saratoga Springs – Please accept these entry doors for City Hall as a gift from my family in memory of my mother Carol Ann Porter. Saratoga Springs has been the home to my mother’s family for over 110 years. She was always so proud of the people, businesses, and community organizations that made this City such a wonderful place to live. There have been many people and families over the years that have given their time, money, wisdom, guidance, and money to create the city my family calls home. Saratoga Springs is truly a unique community with its diverse make up people, recreation, arts, and work. It is a good place to raise a family. Page 20 of 29 City Council Meeting 7/7/09 So thank you for all that you have done for my family and allowing us to hang our hats here for a period of time. May all the people that will pass through these doors realize the great fortune that is ours. From, John Zanetti, Thomas Porter, and Margaret D’Aiello Eddy Commissioner Scirocco also thanked Rich Martin of Northern Dean who volunteered his expertise for the installation of the doors and Tom Frost for designing the doors. Ayes – All Discussion and Vote: Approval Resolutions – Geyser Crest Well Field – Lead Agency & Negative Declaration (09-209) Commissioner Scirocco moved and Mayor Johnson seconded to authorize the City Council to act as lead agency in the Geyser Field Well Field project. Commissioner Scirocco read the following resolution: “LEAD AGENCY” RESOLUTION CITY OF SARATOGA SPRINGS CITY COUNCIL WHEREAS , The City of Saratoga Springs intends to undertake improvements of the Geyser Crest Well Field, hereafter known as “Project”; and WHEREAS , the Project involves replacing the existing well pump motors and controls with premium high efficiency motors and variable frequency drives , the construction of an underground chlorine contact vessel to achieve sufficient chlorine concentration contact time per the US EPA Groundwater Rule, replacing Well Pump No. 3, demolition of the leaking hydropneumatic tank, energy saving improvements in the existing well field control buildings, and other related improvements; and WHEREAS , the Project is an “action” as defined by the State Environmental Quality Review Act (SEQRA); and WHEREAS , Part 1 of the Long Environmental Assessment Form (LEAF) has been completed and circulated to all Involved Agencies for purpose of establishing the “Lead Agency” in accordance with 6NYCRR Part 617.6 for the purpose of conducting a SEQRA/SERP review of the Project; and WHEREAS , The City of Saratoga Springs did not require any objection to its stated intent to serve as Lead Agency for the purpose of conducting the SEQRA/SERP review of the project. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED , the City Council of the City of Saratoga Springs hereby assumes the role of “Lead Agency” for purposes of Project environmental review in accordance with SEQRA/SERP.. RESOLVED , that the Mayor, together with the Council of the City, and the City’s Engineers are hereby authorized to take all actions, serve all notices, and complete all documents in order to give full force and effect of this determination. Aye – All Commissioner Scirocco stated Part II of SEQRA has been reviewed by Barton and Loguidice and the city engineer. They concluded the Geyser Crest Well Field project will have not significant effect on the environment. He read Part II of SEQRA as follows: Impact on Land: 1. Will the Proposed Action result in a physical change to the project site? NO Impact 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Impact 3. Will Proposed Action affect any water body designated as protected? (under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NO Impact 4. Will Proposed Action affect any non-protected existing or new body of water? NO Impact 5. Will Proposed Action affect surface or groundwater quality or quantity? NO Impact 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? NO Impact 7. Will Proposed Action affect air quality? NO Impact Page 21 of 29 City Council Meeting 7/7/09 8. Will Proposed Action affect any threatened or endangered species? There is a potential large impact. 9. Will Proposed Action substantially affect non-threatened or non-endangered species? NO Impact Impact on Agricultural Land Resources: 10. Will Proposed Action affect agricultural land resources? NO Impact Impact on Aesthetic Resources: 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B) NO Impact 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? NO Impact Impact on Open Space and Recreation: 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Impact 14. Will Proposed Action impact the exception or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? NO Impact Impact on Transportation: 15. Will there be an effect to existing transportation systems? NO Impact Impact on Energy: 16. Will Proposed Action affect the community’s sources of fuel or energy supply? NO Impact Noise and Odor Impact: 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO Impact Impact on Public Health: 18. Will Proposed Action affect public health and safety? NO Impact Impact on Growth and Character of Community or Neighborhood: 19. Will Proposed Action affect the character of the existing community? NO Impact 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO Impact PART III – Evaluation of the Importance of Impacts Commissioner Scirocco read the following statement: The proposed construction activities on this site will include some minor soil disturbances including the excavation and removal of the existing surface-buried 5,000 gallon hydro-pneumatic tank and excavation for the proposed chlorine contact vessel. As a part of the SERQA process, Barton and Loguidice requested information from the NYSDEC Natural Heritage Program regarding the presence of threatened or endangered species in the project area. The response from the NYSDEC included report that mock-pennyroyal was know to locally exist near the project area. A habitat assessment completed on June 11, 2009 indicated the presence of mock-pennyroyal populations within the project parcel, including the areas that will be disturbed as part of the project. The impact of mock-pennyroyal population at the site will be minimized to the extent possible. At the site of the hydro-pneumatic tank removal, the area of disturbance will be minimized to reduce the number of individuals affected by the Page 22 of 29 City Council Meeting 7/7/09 disturbance. Upon completion of the chlorine contact vessel installation, the pre-existing grades and sandy soils will be restored in order to replace habitat for the mock-pennyroyal. The habitat assessment noted that over 1,000 individuals of this species were observed over the entire parcel, which indicates that re-establishment of this species in disturbed area is likely following project completion. The proposed disturbance includes the removal of an existing underground hydro-pneumatic tank. In this location, site disturbance will also be minimized in order to keep as much habitat intact and minimize impacts to surrounding mock- pennyroyal populations. Populations of mock-pennyroyal located at other areas of the site will not be disturbed during this project. A contractor staging areas will be located in a location on the site where population of mock-pennyroyal were not observed. This will also minimize the impact to the species. Commissioner Scirocco moved for the Council to accept the finding of the SEQRA process a negative declaration of this action. Mayor Johnson added a friendly amendment that the responses Commissioner Scirocco set forth in Part II are recommendations and the Council accept those recommended responses be adopted by the Council. Commissioner Ivins seconded the amendment. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Commissioner Scirocco read the following resolution into the record: “NEGATIVE DECLARATION” RESOLUTION CITY OF SARATOGA SPRINGS CITY COUNCIL WHEREAS, The City Council of the City of Saratoga Springs has been established as the State Environmental Quality Review Act (SEQRA) Lead Agency for the Geyser Crest Well Field Improvements Project; and WHEREAS, The City of Saratoga Springs has entered into an agreement that establishes Barton & Loguidice, P.C. as its engineering consultant for the Geyser Crest Well Field Improvements Project; and WHEREAS, The project is classified as a Type 1 Action under the SEQRA regulations (6NYCRR Part 617), thereby requiring a determination of significance to be made; and WHEREAS, the City’s engineering consultant has provided an Environmental Assessment Form (long form), based on engineering and environmental studies performed for the Project; and WHEREAS, The information contained in the Environmental Assessment Form (long form), a copy which is annexed hereto and made part hereof, has been reviewed by the City; and WHEREAS, In consideration of the information provided in the Environmental Assessment Form (long form), it is reasonable to conclude that the Geyser Crest Well Field Improvements Project will not have a significant effect on the environment, and that the preparation of a Draft Environmental Impact Statement will not be required; and WHEREAS, The reasons supporting this determination of no significant effect are set forth in the “Notice of Negative Declaration”, which is annexed hereto and made part hereof; NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Saratoga Springs, as the SEQRA Lead Agency, hereby determines that the Geyser Crest Well Field Improvements Project will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not, therefore, be prepared; and, be it FURTHER RESOLVED, That the Commissioner of Public Works is hereby authorized and directed to sign the attached Environmental Assessment Form (long form) at the bottom of Page One thereof (“Determination of Significance”); and, be it FURTHER RESOLVED, That the Clerk of the City is hereby directed to establish and maintain a file readily accessible to the public containing the SEQRA documents referred to herein, and the City’s resolutions pertaining to the SEQRA aspects of the project; and, be it Commissioner Scirocco moved and Commissioner Ivins seconded to accept the negative declaration resolution as read. Role Call: Commissioner Franck - Aye Page 23 of 29 City Council Meeting 7/7/09 Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Discussion and Vote: Authorization for Mayor to Sign Agreement with Saratoga Youth Hockey, Inc. (09- 210) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Saratoga Youth Hockey, Inc. Commissioner Scirocco stated this is a yearly agreement from July 6, 2009 to April 30, 2010. The licensee will pay $450 per month for July and August, 2009 and $600 per month for September 1, 2009 – April 30, 2010. Ayes – All Discussion and Vote: Capital Budget – Gilbert Road Bid Commissioner Scirocco pulled this item from his agenda. Set Public Hearing: Request Waiver from Local Law #6 – 498 Crescent Avenue Commissioner Scirocco set a public hearing for 6:55 p.m. on Tuesday, July 21, 2009 regarding the request for waiver from Local Law #6 for 498 Crescent Avenue. Discussion and Vote: Amend the Official Street List – Horseshoe Drive (09-211) Commissioner Scirocco moved and Commissioner Ivins seconded that Chapter 201 Section 201-1 entitled “Street Naming and Numbering ” be amended included to include Horseshoe Drive as a public street . Commissioner Scirocco stated this is conditioned upon the developer filing all necessary deeds and easements in the Saratoga County Clerks office with written proof being provided to the City of Saratoga Springs City Attorney’s Office. Ayes – All Announcement: Street Paving Commissioner Scirocco announced the following paving schedule: o The week of July 29th they will pave Edie Road from the City line to Ruggles Road. o On July 16th Old Schuylerville Road from Cherry Tree Lane to Ruggles Road will be paved. o On July 17th Clark Street from Union Avenue to Lincoln Avenue will be paved. Public Safety Department Discussion and Vote: Accept Donation from Serotta Bicycles Commissioner Kim moved and Commissioner Franck seconded to accept the donation of a bicycle from Serotta for the police in the amount of $ 2,000. Commissioner Ivins clarified that the expenditure of $1,400 is in the budget. Commissioner Kim advised it is in the budget. If it was to be repaired it would cost more. Serotta is donating the labor. Page 24 of 29 City Council Meeting 7/7/09 Mayor Johnson stated he has had seniors complain about police bikes being ridden on the sidewalks on Broadway. Commissioner Kim advised they can sit with his officers and address that. They do want to hear about those complaints. Announcement: Invitation to Sheriff Bowen Commissioner Kim stated he sent an invitation to Sheriff Bowen to talk with them on July 29th in City Hall. The Council is welcome to join that meeting. They are looking to review the operational plan for the proposed transfer and investigate other consolidation approaches that may result in even greater economic savings to the tax payer while preserving public safety. He does not want to get into the situation where it is free for 2 years and then the City gets charged after that. Discussion and Vote: Demolition Moratorium Commissioner Kim pulled this item from his agenda. Discussion: 2010 Potential Budget Savings Commissioner Kim stated his first cost savings effort is to look at outsourcing payroll. He has 2 companies, Paychex and ADP coming to City Hall on July 15th at 1:00 pm in the City Council Room. Commissioner Ivins stated they have done some preliminary work. Most payroll companies require the City to continue its data entry, they charge a per check charge, they charge for each change made (new employee, status change, etc.). The payroll administrator assists all departments and is the keeper of all the union contracts. No payroll company is going to do that. Commissioner Kim stated the consequences of a building burning or someone dieing is more dire than keeping our contracts straight. Commissioner Ivins would recommend going to every other week or twice a month pay periods. He is happy to look at any function that would save money – check stock. Commissioner Franck stated it makes sense to look at this. Commissioner Kim stated ADP does payroll for Elmira. Commissioner Franck stated in most instances a payroll company is going to do it cheaper. Commissioner Ivins stated that is true in the writing the checks but that doesn’t mean they are going to be able to eliminate the position. Commissioner Franck advised that position would be able to take on other duties. He would look in his own department at sending out some of the assessment service as we have priced ourselves out of business. We have to look at all these different things to see if there is an outsourcing benefit. Discussion: Police Overtime Commissioner Kim read letter the following letter Chief Moore received from Mayor Johnson: Dear Chief Moore: In the context of our ongoing budget review, for both 2009 and presumably as we begin talks for 2010, the issue of police overtime and compensatory time has been and will be at issue. I recall from prior presentations and discussions with you that the hiring of new police officers could reduce and/or eliminate these line items. Page 25 of 29 City Council Meeting 7/7/09 Therefore, please provide me with your opinion regarding the number of new officers that, if hired, could reduce and/or eliminate the overtime and compensatory time facing your department. In particular, please indicate with as much detail as possible as to how we could achieve a reduction of 10%, 20%, etcetera on these line items by correlating those reductions with the number of officers needed. Thank you for your anticipated cooperation. Commissioner Kim read his response to Mayor Johnson: I am in receipt of your letter. Both the Chief and I are heartened by your letter that recognizes that police overtime has historically been driven by a shortage of police officers and would welcome the opportunity to begin a dialogue on this matter with you and the other members of the City Council. As I mentioned at the last City Council meeting, we would be happy to recap our previous analysis of police overtime that the Chief did at the October 21, 2008 City Council meeting in much more abbreviated version. For your assistance, I am attaching a copy of the relevant minutes of that meeting. You should be aware, as we pointed out several times during the last presentation, that since the lead time to hire additional officers is approximately 15 months from the date of initial hire, even if we were to add additional headcount to our staff for the 2010 budget, we would not see any impact on overtime until those officers were fully trained. Accordingly, since the next police academy does not start until January 2010, this new staff would not be fully functioning until April 2011. Thus adding new positions even now would not impact police overtime in the short run. Nevertheless, my executive staff and I are available to discuss with you and your staff your interest in adding new officers to the Police Department. However, I would prefer that we have an initial discussion with members of the entire City Council to gauge whether there is sufficient Council support to earnestly evaluate the possibility of adding new police officers during this very difficult budget cycle. As you know, I only possess one vote, as do you, and I think it would be essential to get the thoughts of other members of the Council, so as to avoid needless waste of police staff time in evaluating a proposal that may not have sufficient support for passage. I am particularly concerned about the Police Department’s executive management resources, since as you know, we have already experienced significant cuts, we have not clerical staffing to rely on, and my staff is currently focused on the very large and encompassing evaluation of whether or not it makes fiscal and public safety sense to move our dispatching function to the County. Given the reduced resources available to our department, combined with the increased workload, I don not believe that it makes any sense to discuss adding police staff, and do the requisite analysis of the impact on overtime in 2011, unless there is a clear commitment on the entire City Council to add police officers positions in the 2010 budget. Thus, I believe that a “sense of the Council” on this issue and on the record would be absolutely necessary before my executive staff takes any further steps. Again, I thank you for contacting us about your desire to add additional resources to the Department, please do not hesitate to contact me. Commissioner Kim stated he is not sure that he would support adding new officers. In order to get the officers in to the next academy, he would need to know now to do this hiring. Mayor Johnson stated it has been said several times that the reason for the cost of overtime and comp time is due to the shortage of staff. We haven’t actually heard how many people you would need to address the problem. Don’t misinterpret his letter asking for information so the Council can come to a decision if he wants to pursue that route as somehow him saying they need more police in that department. He is not saying they need more police officers in his department. He is asking for the professional opinion of Commissioner Kim’s department because they hold all the facts in their hands – what the staffing needs are as they are not allowed access to the rules and regulations. Commissioner Kim stated he spent over 2 hours with city attorney and the chief going through the manual – it’s a 6,000 page document they just can’t cart around. They actually reviewed the minimum staff part of the manual. Mayor Johnson stated his aware they met today, but he has been asking for copy for use in collective bargaining. You have refused each request. Commissioner Kim stated he did refuse each request because Harris Beach is not authorized to negotiate the contract in 2009. If we turned over the document to them, are we going to pay them $250 per hour to read that document when there are people here that know the contents of the document? The city attorney has the document now. Mayor Johnson stated they disagree on whether Harris Beach is authorized to enter into collective bargaining negotiations. He thinks Commissioner Kim is wrong, but that’s not the issue. The issue is he asked for a copy as he has obligations under the City Charter. How is he to negotiate a new contract Page 26 of 29 City Council Meeting 7/7/09 without access to that document? Commissioner Kim is just angry because he can’t be at the negotiating table. Commissioner Kim stated if it was simply his pride about being at the negotiation; that would make sense. The consequence of him not being at the table is a bill from Harris Beach and another bill from them we have to pay and we don’t have one contract or one that is close. Your stubbornness to not allow other members of the City Council to know what is going on is we have these huge legal bills. Mayor Johnson stated he rather have no contract than a bad contract. If he agreed to the contract DPW wanted, the City couldn’t afford it. He will negotiate that way with every union. The bottom line to the City and its tax payers is they can only do what the City can afford. The old days are gone and it’s a new mindset that we need to address. Discussion: Telephone Malfunction Commissioner Kim advised a capital budget item in the fall to replace the phone system in city hall. He voted against spending money for the entire city hall; he just wanted to do the emergency service. He wants to make public aware of the difficulties the police department is still having with the phones. They don’t know when people can’t get through to them – they here it from county dispatch and other police agencies. On June 28th they had the lines go dead on the 4 pm – midnight shift. Staff attempted to trouble shoot. On July 6th one of the lieutenants was disconnected. There are approximately 40 incidents from 6/28 to 7/7 of having problems with the phones. If people need the police, call 584-1800 or 911. They don’t want anyone to be endangered by the telephone malfunction. Mayor Johnson introduced Michael Mahar from Carousel, the phone system vendor. Michael Mahar is the Director of State Contracts for Carousel Industries. He explained the City has a PRI – primary rate interface line is what the city has – that is what failed. They have a letter from the City’s carrier admitting that the PRI is what failed. Commissioner Kim advised that he hasn’t seen that letter. He didn’t know that Mr. Mahar was attending the meeting tonight. Mr. Mahar stated he felt it was important that he attend tonight. Commissioner Kim agreed it was important and they would like to hear what is going on. Mr. Mahar continued to state it was important to attend since the information being put out was inaccurate. You slandered our organization by saying the telephone system failed. The telephone system never failed. They can monitor everything that is dialed on a phone today. If the telephone company vendor that you’ve chosen is having problems, they can tell you that. By their own admission, their entire system crashed on Sunday. There is no way they can give a busy signal; a busy signal comes from that vendor. They will continue to monitor and set up additional training this week. Commissioner Kim stated all they want is for the system to work. Supervisors Joanne Yepsen Economic Stimulus Open Forum Supervisor Yepsen announced an open forum for an economic stimulus funding. The date has been rescheduled for Thursday, August 6th at the Empire State College auditorium. Congressman Murphy and the governor’s Economic Recovery Cabinet will be bringing presenters to talk about the money allocated to New York State. There is more funding available for technology, energy, etc. The forum will be held from 9:30 a.m. - noon. Page 27 of 29 City Council Meeting 7/7/09 Future of Saratoga Racecourse Supervisor Yepsen reported she is working with the Preservation Foundation tomorrow at 7 pm in Community Room at library. The public is invited to attend. County Veteran’s Committee Supervisor Yepsen thanked her fellow supervisors for their support. There is a major fundraiser on August 15th at the Eagles Club on Crescent Avenue. Tickets are available at all locations where there is a veteran’s organization. She thanked Paul Stautler and Jim Coyne for being the co-chairs of this event. The special guest is first lady Michele Paterson. Sustainable Saratoga Supervisor Yepsen reported they are not having a public meeting during the summer. They are using the summer to allow the committees to work on tangible goals they have set for themselves. They are working with an intern from Skidmore on a 10 year plan. Frederick Allen Lodge Benefit Supervisor Yepsen reported this Sunday, July 12th there is a fashion show by local businesses to raise money to complete the renovations for the Frederick Allen Lodge. Matt Veitch Trails Committee Supervisor Veitch reported the trail next to Wilton Mall is finished. They are installing signs and sign registers that are being built by the County DPW. Green Committee Supervisor Veitch reported they met on July 1st in Moreau at the Community Center. Presentations were made by Hawk Drilling and Aztech Geothermal regarding geothermal systems. The committee was charged with finding ways for the County to operate in a more ‘green’ efficient and environmentally efficient manner. The next meeting will be July 29th at the Milton Community Center; it will be a green building forum. They will be talking about all aspects of green building – materials, finances, etc. Saratoga County Fair Supervisor Veitch reported the Saratoga County Fair is July 14th – 19th. He will be participating in the demolition derby with other County Supervisors. 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 10:17 p.m. Respectfully submitted, Page 28 of 29 City Council Meeting 7/7/09 Lisa Ribis Approved: 7-21-09 Vote: 5 - 0 Page 29 of 29