City Council

July 21, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM P.H. – Request Waiver from Local Law #6 for 498 Crescent Avenue 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Geyser Road Multi-Use Trail Scoping Study: Fred Mastroianni, Greenman-Pederson, Inc. 2. Swearing in New Police Officers 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, discipline, suspension, dismissal or removal of a person or corporation. CONSENT AGENDA 1. Approval of City Council Minutes for 7-7-09 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 7/10/09 $450,156.53 5. Approve Payroll 7/17/09 $448,283.96 6. Approve Warrant 2009 Mid MC2JUL09 $135,841.01 7. Approve Warrant 2009 Regular 2JUL09 $783,060.74 MAYOR’S DEPARTMENT 1. Discussion and Vote: H1N1 Policy for Camp Saradac 2. Discussion and Vote: Authorization for the Mayor to Sign the Saratoga Springs School Hold Harmless Agreement 3. Discussion and Vote: Acceptance of Hawley Foundation Donation 4. Presentation: Ethics Board Annual Report City Council Meeting 7/21/09 5. Discussion and Vote: Accept Donations for Summer Concert Series 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Big Medicine Band 7. Discussion and Vote: Authorization for Mayor to Sign Agreement with Saratoga Acoustic Blues Society 8. Discussion and Vote: Resolution Authorizing Mayor to Seek 2010 Certified Local Government Grant for Saratoga Historic Zoning Legislation Review Phase II 9. Discussion and Vote: Resolution Authorizing Application to the Saratoga County Farmland and Open Space Preservation Advisory Committee in Support of the City’s Open Space and Comprehensive Plans and Policies 10. Discussion and Vote: Appointment to Special Assessment District – Downtown Board 11. Announcement: Saratoga Springs 2009 Transportation Reauthorization Project Request, Spring Run Trail Phase II ACCOUNTS DEPARTMENT 1. Award of Bid: Ambulance Transport to SEMS 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald Morris Baker Firth PC for Hybrid Article 7/78 Assessment File – John M. Hogan Jr., et al FINANCE DEPARTMENT 1. Set Public Hearing: Gilbert Road II Water District 2. Discussion and Vote: Department of Public Safety Payroll Transfers 3. Discussion and Vote: DPW Payroll Transfers 4. Discussion and Vote: Finance/All American Celebration Reimbursement Transfers 5. Discussion and Vote: Finance Policies & Procedures Annual Update 6. Discussion: City Finances 7. Discussion: 2010 Budget Process 8. Set Public Hearing: SPAC Ticket Surcharge PUBLIC WORKS DEPARMENT 1. Set Public Hearing: Amend the Capital Budget – South Broadway Reconstruction Project 2. Discussion and Vote: Approval for Nelson Avenue Drainage Phase II – Change Order 3. Discussion and Vote: Authorization for the Mayor to Sign a Pre-Cast Curbing Contract 4. Discussion and Vote: DPW Sick Bank Request 5. Discussion: Route 9P Sidewalks PUBLIC SAFETY DEPARMTENT 1. Set Public Hearing: All Way Stop Sign on High Rock Ave 2. Discussion: Meetings with Payroll & Time Keeping Companies 3. Discussion: Police and Fire Department Expenses for July 4th Activities Page 2 of 21 City Council Meeting 7/21/09 SUPERVISORS Joanne Yepsen 1. Board Meeting and Resolutions 2. Safe Route to School Committee Report 3. Opening of Racetrack & Thoro-fan 4. Regional Economic Stimulus Open Forum Matthew Veitch 1. Update: Economic Development Committee – Zim Smith Trail 2. Update: Green Committee 3. Update: Trails Committee 4. Update: Saratoga County Day at the Races 5. Update: Saratoga County Fair 6. Update: Saratoga Gaming & Raceway Foundation 2009 Grant Program 7. NYRA Local Advisory Board ADJOURN Page 3 of 21 City Council Meeting 7/21/09 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 21, 2009 6:55 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 Joe Scala, City Attorney ABSCENT: Eileen Finneran, Deputy Commissioner, DPS 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. PUBLIC HEARINGS Request Waiver from Local Law #6 for 498 Crescent Avenue Mayor Johnson opened the public hearing at 6:56 p.m. Paul Male, City Engineer stated Local Law # 6 does allow for a waiver upon City Council approval. The applicant sent a request to the County and was denied. The closest body of water is about 400 feet away – Lake Lonely. The septic system plan submitted will work on the lot. Lela Doyle, President of Saratoga Lake Association read the following letter into the minutes: To: Saratoga Springs City Council The subject property is a single lot at 498 Crescent Avenue, which is close to the Lake. A county sewer system has been installed around the lake to help protect the lake from excess nutrient load and pollution. The Saratoga Lake Association recognizes that a connection to the sewer has been denied because the sewer line is at capacity. However, we do not want the action taken in this case to set a precedent for future waivers that could lead to deteriorating conditions in the Lake. We would prefer that this waiver not be granted. However, if a waiver is granted, the Saratoga Lake Association would like to recommend some requirement to provide continue protection of the lake. The septic system design for this single lot should Page 4 of 21 City Council Meeting 7/21/09 be approved by the City engineer. Additionally, the property should be connected into the sewer system once the capacity is available. To assure that this happens, and to minimize future costs to the owner, the City should required the following as part of the design and construction approval: 1. The owner should install a dry sewer line from the house to the public right-of-way on Crescent Avenue. 2. Internal plumbing within the house should be designed and constructed with the expectation that a switch to the sewer will occur in the near future. 3. As a condition of approval, the City should require that the owner connect to the sewer within a reasonable time (say 2 or 3 years) after capacity is available. 4. The City should make sure that is has the internal administrative procedures in place to make sure that sewer connection actually happens. If the City is not able to implement these recommendations, that would be further reason for the waiver to be denied. However, any City waivers that are provided or actions with respect to this single lot should not be interpreted to apply to larger planned unit developments, which will generate larger amounts of sewage, and pose a higher risk to the lake. Wilma Koss of 160 Kaydeross Park Road stated the property in question backs up to the Water’s Edge HOA. She believes they need to be consistent to applying public policy. When Goose Hill Development was proposed, there was strong opposition due to the sewer line being at capacity and the waste from those homes would be managed through a septic system. A moratorium was put in place to prevent the building from happening. During that time there was discussion about what would happen if existing septic systems failed. The facts have not changed; the best designed septic systems can fail. The best designed septic systems when working property can place additional nutrient load in nearby water bodies. If there is no home on the current lot then the request should be denied. Mayor Johnson announced the public hearing will remain open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:03 p.m. PUBLIC COMM IENT PERIOD Mayor Johnson opened the public comment period at 7:04 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. Wilma Koss of 160 Kaydeross Park Road stated the health care reform bills move through congress, they are getting more expensive and worse every day. Every working man and woman would be forced on to a government controlled system until there is no private system left. Without paying for supplementary insurance, health care is still very expense. Medicare coverage is more limited than private insurance and makes reimbursement available only for the least expensive options. Molly Gagne of 22 Vichy Drive stated she is pleased to see the plan for the Geyser Road Trail is on the agenda for presentation. Supervisor Veitch has worked very hard on this project. This project is going to affect almost 20% of the City’s population. She hopes the Council will do whatever they can to make this happen and quickly. Al Colucci of 9 Lexington Road stated he noticed the 2010 budget is on tonight’s agenda. The perception in the City is the budget crisis is over. Timing is of the essence and we need to let the people know that is not the case, it is just beginning. We are not going to be able to make up the difference without a 30% tax increase – the tax payers should know that now. Andrea Hyde Rogers of Saratoga Springs thanked Supervisor Yepsen for her work trying to open a shelter for homeless women veterans. Page 5 of 21 City Council Meeting 7/21/09 Mayor Johnson closed the public comment period at 7:08 pm as there was no one else wishing to speak. Presentation(s) : Geyser Road Multi-Use Trail Scoping Study: Fred Mastroianni, Greenman-Pederson, Inc. Supervisor Veitch stated this project has been going on for over 5 years. Residents got together and showed a need for pedestrian amenities in that neighborhood. It is safer for him to drive to the park across the street than walk. In 2006, Assemblyman Tedisco gave the neighborhood association a $25,000 grant, the Ball Corporation gave a $10,000 grant, and other local businesses have donated money to get this project moving forward. Last year they put out an RFP to engineering companies to tell the neighborhood what the issues would be with building a trail. Greenman-Pederson was hired; Fred Mastroianni is the engineer who worked on this project. Fred Mastroianni stated the purpose of the study was to look at how people can get from one point to another safely. Part of the City’s comprehensive plan is to provide linkages between pedestrian and open space systems - this meets that goal. It is somewhat dangerous to walk and ride your bike along Geyser Road. Two different trail options were looked at: an on road trail and an off road trail system. For an off road system, a trail should be an 8 feet wide minimum and should have a minimum back off the road of 5 feet. The on road system should have a 5 foot wide shoulder and walkway for pedestrian accommodations. A 5 foot wide walkway provides for 2 way access. They tried to minimize right-of-way takings or having to get into purchasing right-of-ways. There were some constraint areas due to steep slopes. They are also proposing crosswalks in areas where crosswalks are important. There is an existing path by the school that they may be able to tie into. The further you are off the road the safer you are. It is suggested to stop the off road trail system at Cady Hill and go to the on road trail system. The trail will continue up to Rt. 50. A typical trail is 10 feet wide and has an asphalt or concrete surface. Part of the trail will require utility pole relocations, fire hydrant relocations, etc. The cost for the trail is estimated at $1.584 million, with federal funds, to build the trail. Commissioner Ivins asked if the association has discussed on going maintenance such as snow removal, etc. or is it too early. Supervisor Veitch stated it has not been discussed yet as it is a little early. At this point the rule is the amenities on the side of the road are the municipalities and would be up to them to maintain. Commissioner Ivins asked if the trail would be owned by the County. Supervisor Veitch advised the trail would be owned by the City. Mr. Mastroianni stated there are options where the County could own the right-of-way while the City maintains the trail. Supervisor Veitch stated the trail is identified on the County’s green infrastructure plan as a trail that they want to build. He thanked the City Council for their assistance to date. Swearing in New Police Officers Commissioner Kim stated these officers are being sworn in to replace a couple officers who have retired. These 2 officers were chosen by their class as squad leaders. He provided the following bios on each: Kurt Nolan grew up in Rock City Falls and graduated from Ballston Spa High School. He graduated from Adirondack Community College with an Associates Degree in criminal justice. He is continuing his studies in the field of psychology and criminal justice at SUNY Albany in pursuit of a bachelor’s degree. Page 6 of 21 City Council Meeting 7/21/09 Chris Callahan grew up in Saratoga Springs and graduated from Saratoga High School. He graduated from SUNY Pottsdam with a double major in criminal justice and sociology; and graduated with a bachelor’s in arts. He served in the US Army reserve and served in Iraq. He was awarded the Army Commendation Medal, Army Good Conduct Medal, the Iraq Campaign Medal, and the Iraq Campaign Star in Global War on Terrorism Medal. Chris continues to serve in the Army reserves. Commissioner Kim swore in the officers. 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, discipline, suspension, dismissal, or removal of a person or corporation including the recent Article 78 filed by neighbors on the Beaver Pond project; the settlement of the DEC investigation; and the negotiations on the renewal of the National Grid lease on Weibel Avenue . Mayor Johnson moved and Commissioner Ivins seconded to adjourn into executive session at 10:04 pm. Ayes - All Mayor Johnson reported one matter was resolved in Executive Session. Mayor Johnson moved and Commissioner Scirocco seconded to retain the law firm of Miller, Mannix, Schachner and Haffner to defend the City of Saratoga Springs in an Article 78 proceeding filed in Saratoga County entitled Fran Bates, Daniel Delarm, Marybeth Delarm, Annette Donovan, et.al vs. the City of Saratoga Springs, Saratoga East Avenue Associates, LLC, Scott Varley, Barry Ostrager, Steve Mukamel at a rate of $160 per hour at a cap of $10,000 effective upon review and approval by the city attorney and risk and safety. Ayes – All Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda with the revisions stated as follows: 1. Approval of City Council Minutes for 7-7-09 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 7/10/09 $450,156.53 5. Approve Payroll 7/17/09 $448,283.96 6. Approve Warrant 2009 Mid MC2JUL09 $135,841.01 7. Approve Warrant 2009 Regular 2JUL09 $783,060.74 Ayes – All Mayor’s Department Discussion and Vote: H1N1 Policy for Camp Saradac (09-212) Mayor Johnson moved and Commissioner Ivins seconded to adopt the H1N1 policy for Camp Saradac as presented to the Council. Mayor Johnson stated this policy was recommended by the NYSDOH to better deal with the potential spread of the swine flu. This is to better protect the children. Page 7 of 21 City Council Meeting 7/21/09 Ayes – All Discussion and Vote: Authorization for the Mayor to Sign the Saratoga Springs School Hold Harmless Agreement (09-213) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign the Saratoga Springs School Hold Harmless agreement. Mayor Johnson stated this is in relation to the various winter programs held at the various city school gymnasiums. Linda Terricola, Director of Recreation stated this is an annual requirement by the school district upon the City’s rental of the facilities. Ayes – All Discussion and Vote: Acceptance of Hawley Foundation Donation (09-214) Mayor Johnson moved and Commissioner Ivins seconded to accept the donation from the Hawley Foundation as proposed . Mayor Johnson stated this donation is in the amount of $26,305. This is done annually. He recused himself as he is the president of the board of managers of the Hawley Donation. Ayes – 4 Recused – Mayor Johnson Presentation: Ethics Board Annual Report Mayor Johnson introduced Rick Fenton, Chair of the Saratoga Springs Ethics Board. Rick Fenton stated they are given various duties to receive and review financial disclosure statements, receive and review advisory opinions that may be in violation of the code of ethics, review complaints of past activities, and to educate the public and the City employees about the code of ethics. They have a plain language document that is distributed to all employees. They hope to get more involved with education. He was elected chair for 2008. The membership term of A.C. Riley expired and that position has now been filled. The board met 8 times during 2008 - they are required to meet quarterly. The code of ethics, minutes, forms are all posted on the web. They have received all financial disclosures they are required to receive. They did initiate an inquiry into a potential violation of the code and found there was no violation of the code. In 2009 they have already begun to review their procedures. In regards to advisory opinions, they encourage the employees to go to them so that they can provide information for them for future reference. Discussion and Vote: Accept Donations for Summer Concert Series (09-215) Mayor Johnson moved and Commissioner Ivins seconded to accept a donation from the Golub Corporation in the amount of $300 for the summer concert series. Ayes- All Discussion and Vote: Authorization for Mayor to Sign Agreement with Big Medicine Band (09-216) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Big Medicine Band in the amount of $1,000 . Page 8 of 21 City Council Meeting 7/21/09 Mayor Johnson stated this is part of the summer concert series held in Congress Park and proposed for August 18th. Commissioner Kim asked if this contract has been signed by the leader of the band. Mayor Johnson stated it has not. Once the Council has approved the contract the band will sign and then he will sign. We are approving the format and the terms of the contract as proposed. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Saratoga Acoustic Blues Society (09-217) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Saratoga Acoustic Blues Society for August 4 th in the amount of $500 . Mayor Johnson stated this concert will be held August 4th. Commissioner Kim clarified again that they are proposing to approve this without a signature. Mayor Johnson stated it was signed but appears to be signed in the wrong place. That will be clarified. Ayes - All Discussion and Vote: Resolution Authorizing Mayor to Seek 2010 Certified Local Government (09-218) Mayor Johnson moved and Commissioner Ivins seconded to approving the resolution to authorize the mayor to seek 2010 certified local government grant for Saratoga Springs Historic Zoning Legislation Review Phase II. Mayor Johnson stated this is a continuation of what was done in Phase 1. This is through the NYS Office of Parks Recreation and Historic Preservation. This came to the forefront during the discussion of the moratorium of demolition permits. Phase II is the publication of written materials to educate the public. The proposal is to apply to NYS for grant money and there is no match by the City. The amount being sought is not to exceed $10,000. The Council agreed to waive the reading of the resolution but was presented to the Council as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK AUTHORIZING APPLICATION TO THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR FUNDING TO DEVELOP ENHANCED PUBLIC EDUCATION AND OUTREACH MATERIALS RELATING TO THE CITY’S REVISED HISTORIC REVIEW REGULATIONS AND PROCEDURES. Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim WHEREAS , the congressional enactment of the National Historic Preservation Act in 1966 provided local governments the opportunity to partner with state and federal governments to identify, evaluate, and protect their significant historic properties, and WHEREAS , the National Historic Preservation Act of 1966 was amended in 1980 to establish the Local Government Program, a nationwide program that supports local preservation activities through the creation of local preservation commissions, and WHEREAS , On October 6, 1986, Saratoga Springs became New York State’s first Certified Local Government, and WHEREAS , the City Council created the City’s Historic Review Commission, now named the Design Review Commission as of June 7, 1993, and codified the City’s historic review goals and procedures, and WHEREAS , more than a decade has elapsed since there has been a substantial review of this legislation, and WHEREAS , in 2009 the City received a $13,000 grant from the NYS Office of Parks, Recreation and Historic Preservation Certified Local Government program to review and update the City’s Historic Review legislation to more clearly articulate the objectives of the historic review process and the role of the Design Review Commission, and WHEREAS , this City Council now desires to develop and disseminate improved public education and outreach materials to assist residents of the Historic Review districts, and their agents, and WHEREAS , under the National Historic Preservation Act, at least ten percent of annual federal historic preservation grants must be distributed among Certified Local Governments, and Page 9 of 21 City Council Meeting 7/21/09 WHEREAS , each year Certified Local Governments are eligible to apply for specially earmarked grants through the NYS Historic Preservation Office, and WHEREAS , the City and its partners expect to contribute generous in-kind services as part of this project; no local funding match is required; NOW, therefore, BE IT RESOLVED, that the Mayor as the chief executive officer of the City of Saratoga Springs is hereby authorized to file an application for funding from the New York State Office of Parks, Recreation and Historic Preservation in an amount not to exceed $10,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to develop enhanced public outreach information and materials relating to the revised City Historic Review regulations and procedures. Ayes - All Discussion and Vote: Resolution Authorizing Application to the Saratoga County Farmland and Open Space Preservation Advisory Committee in Support of the City’s Open Space and Comprehensive Plans and Policies (09-219) Mayor Johnson moved and Commissioner Ivins seconded to approve the resolution authorizing the application to the Saratoga County Farmland and Open Space Preservation Advisory Committee up to $60,000 only if the County gives grant money and that the source of the City’s portion would come from either the Recreation Trust Fund and/or the Open Space Bond Act . Mayor Johnson explained the application is to allow the City to apply to the County for grant money. The County will allow up to half of the purchase price of a parcel as their share. The parcel in question is a 5 acre parcel along Kaydeross Avenue East and will provide public access to the Kaydeross Creek. The match from the City is half. The proposal is to authorize up to at total cost of $60,000; that includes the purchase of the land and any closing costs, appraisal fees, etc. If the County does give the City grant money, the City will be obligated to provide up to $30,000 to match. The source of this money can come from the ‘Trust Fund’ or the ‘Recreation Trust Fund’ which is funded by sales of land in the City. This money has been built up and used over the years. The amount in that fund is approximately $160,000 left in that fund. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A RESOLUTION AUTHORIZING APPLICATION TO THE SARATOGA COUNTY FARMLAND AND OPEN SPACE PRESERVATION ADVISORY COMMITTEE IN SUPPORT OF THE CITY’S OPEN SPACE AND COMPREHENSIVE PLANS AND POLICIES Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim WHEREAS, The preservation of the City’s important open spaces and natural resources has long been recognized as essential to community well being and the life quality of all its citizens and visitors, and WHEREAS, Said preservation of important open spaces and natural resources, consistent with the policies articulated in the City’s Comprehensive Plan, the Open Space Plan, and the Priority Recommendations of the Saratoga Springs Open Space Advisory Committee, help maintain clean water and air sheds, provide important recreational opportunities, preserve scenic vistas and natural habitats, promote the City’s sense of “place” and contribute to our tourism and hospitality industries, and WHEREAS, The citizens of Saratoga Springs and this City Council have demonstrated their commitment to a disciplined and well though out open space preservation program as manifest in the approval of the Community Land Preservation Initiative of 2002, and WHEREAS, It is in the public interest for this City Council to pursue available resources to implement the community’s established open space preservation policies, including the acquisition of identified important open spaces, and WHEREAS, The Saratoga County Board of Supervisors has set aside $750,000 to fund 2009 applications for the acquisition of agricultural and open space lands whose preservation is deemed to be of significant public benefit, and WHEREAS, The Saratoga County Farmland and Open Space Preservation Advisory Committee has established guidelines and invited eligible applicants to submit proposals by July 30, 2009, and WHEREAS, Said guidelines include Open Space acquisition grants of up to 50%, but not to exceed $100,000, of an eligible project’s cost, and WHEREAS, The City Office of Parks, Open Lands and Historic Preservation has recommended that this City Council authorize application to said Saratoga County Farmland and Open Space Preservation Advisory Committee for a grant to acquire certain property on the south side of Kaydeross Avenue East, running to the thread of Kaydeross Creek and identified as a portion of Tax Parcel 192.-1.3., and WHEREAS, Acquisition of said property is deemed to be wholly consistent with all City open space policies and objectives and would provide public access to Kaydeross Creek, and Page 10 of 21 City Council Meeting 7/21/09 WHEREAS, The owner of said property has expressed a desire to dispose of the property for purposes of open space preservation and public access to Kaydeross Creek and has authorized the City to seek said Saratoga County Farmland and Open Space Preservation Program grant assistance consistent with program guidelines and procedures, and WHEREAS, The City of Saratoga Springs maintains a General City Law authorized “Trust Fund” capitalized by fees levied on residential development, that said “Trust Fund” may only be used for recreational purposes, including the acquisition of property, and WHEREAS, The City of Saratoga Springs maintains access to the balance of the Community Land Preservation Bond Act, that may be used to purchase real property for the purpose of ensuring public access and recreational use, NOW THEREFORE BE IT RESOLVED, That the mayor, as the chief executive officer of the City of Saratoga Springs, is hereby authorized to file application for assistance to acquire said open space for Saratoga County Farmland and Open Space Preservation Program assistance, in an amount not to exceed $30,000, and be it further RESOLVED, That if awarded said assistance, this City Council authorizes the set aside not to exceed $30,000 in matching funds from the City’s “Recreation Trust Fund” and/or the Community Land Preservation Bond.” Commissioner Ivins asked if there was a reason why the money is coming out that fund rather than the Open Space Bond Fund. Mayor Johnson stated this was a recommendation made by Mr. Benton. It may have something to do with the use of the Open Space bond proceeds. Being it is a small amount of money, is it worth bonding rather than taking it out of the trust fund? Commissioner Ivins stated it would be added to other bonds that we do. Mayor Johnson offered to amend the resolution to say the source of the City’s purchase price will come from either the recreation trust fund or the open space bond act. Ayes - All Discussion and Vote: Appointment to Special Assessment District – Downtown Board (09-220) Mayor Johnson moved and Commissioner Ivins seconded to approve the appointment of Tom Roohan to the Special Assessment District – Downtown Board. Mayor Johnson stated he recommends re-appointing Tom Roohan. He has already been on this board and his term has expired. He is very familiar with all the issues facing the downtown district, the special assessment district and has many years experience. Ayes – All Announcement: Saratoga Springs 2009 Transportation Reauthorization Project Request, Spring Run Trail Phase II Mayor Johnson announced that as of July 16th along with Lew Benton submitted to Senator Gillibrand’s office a request for grant funding for the construction of the Spring Trail Run. They had previously submitted for funding through Congressman Murphy’s office. The amount being requested is the maximum allowed – 80% of the project cost which is $2.2 million. Accounts Department Award of Bid: Ambulance Transport to SEMS (09-221) Commissioner Franck moved and Commissioner Ivins seconded to award the bid for ambulance transport services to SEMS. Commissioner Kim stated he would like to make a friendly amendment that the award of bid be contingent upon approval of the contract. It doesn’t make sense to award the bid if we can’t approve the contract. Commissioner Franck seconded for discussion to clarify what Commissioner Kim was saying in the amendment. Page 11 of 21 City Council Meeting 7/21/09 Commissioner Kim stated there was discussion among the committee and the recommendation of your deputy is that we consider re-bidding it at that point. If we award the bid tonight and don’t approve the contract, what are the consequences of that? Commissioner Franck stated we can and have awarded bids without contracts in the past. Should the contract be done first and the bid after that? Commissioner Kim stated if we award the bid and the contract doesn’t pass, we can re-bid. Mayor Johnson stated awarding the bid would allow them to talk with the vendor to negotiate the contract. Commissioner Kim stated they don’t have to negotiate; they can just approve the contract. Mayor Johnson stated they can approve the contract as long as it is consistent with the RFP. Commissioner Kim stated it appears there is not consistency with how the award of bids is being applied. In the past they have done exactly this procedure. He can’t get the contract on his agenda. People can’t see the contract because he can’t get it on his agenda and if he provides someone with the contract he will be accused of collusively bidding. Mayor Johnson stated Commissioner Kim’s issue is getting the contract past the city attorney’s approval process. There are contract administration protocols that were passed in 2004, and reaffirmed, revised and passed again by this Council in August 2008. Those protocols include what to do to bring a contract before the Council in the event the city attorney rejects a contract. It is up to you to work out the deficiencies. Commissioner Kim stated they worked very well with the risk and safety manager to get the contract done and she did sign off on it. This particular city attorney has a history of having trouble with the contracts he provides. There are at least 7 other times where there was a contract awarded for his department and for some reason it just can’t go forward. This City Council is blocking the ability of his department to realize additional revenue to the City. We are talking about the city attorney won’t approve these contracts and wont’ approve a contract even after the City Council has approved a contract – see the 7/1/08 agenda/minutes. This is why he wants to make it contingent but if Commissioner Franck is saying they can re-bid if the contract fails, they can do it that way. Mayor Johnson stated the city attorney, Joe Scala is here; he can address this. Commissioner Kim stated that is fine – but he wanted to let the public know that the mayor sketched out that he failed to meet the procedures or correct the contract. The message they received from the city attorney was the document was rejected for ‘bid terms do not match contract terms.’ You have to wonder who is not following procedure or working in good faith. Mayor Johnson asked Mr. Scala to address some of these issues. Joe Scala stated at the time Commissioner Kim received that response through the NOVUS system, there were other e-mails going around. He and Deputy Commissioner Finneran had been e-mailing each other and he advised her that they need to sit down and figure out how to do this since there were so many terms in the RFP that needed to be included in the contract. She had indicated they would sit down yesterday and then within 15 minutes of that there was a memo from Commissioner Kim stating it was going on his agenda and that was it. There are 2 procedural problems: you can’t seem to get a proper contract on in time and you seem to think you can do whatever you want with a contract when you haven’t award an RFP. Until you award an RFP you can’t go to contract – once you award the RFP, that contract has to be in sync with the RFP. Commissioner Kim stated the city attorney has not worked with his office in detail. This RFP was also in front of a committee with all the deputies, the risk and safety manager, and members of the fire department. As far as state law is concerned, he would appreciate being provided a statute or a case number so he can understand it better. The bottom line is we have to fix a budget gap and this is one way to do that. Page 12 of 21 City Council Meeting 7/21/09 Mr. Scala stated he has offered over and over to work with his office. If Commissioner Kim is saying tonight that everyone saw this contract – does he mean the contract that just made it to the agenda last week, or the contract you put on 2 weeks ago that didn’t have a signature line, or do you mean the contract generated on May 22nd that never made it to the Council. There have been 3 contracts so far. Commissioner Kim stated what they are trying to do is smoke in mirrors. On 7/15 this contract was reviewed by Marilyn Rivers. She made some changes and it was available to all other Council members and Mr. Scala. He chose not to review it then and waited until the 17th. I gave them the contract and they took it off. The contract they are trying to get approved here would add about $12,000 to this year’s budget. Mayor Johnson state he is not sure why Commissioner Kim formed a committee to review the 3 bids received on the RFP. There were 6 meetings and over 10 hours of meeting time, hours of research to prepare for the meetings and after the meetings. They came up with a recommendation to award the bid to SEMS according to the bid. His understanding is the bid is different than what he is now trying to have approved as a contract. Their bid was not $50,000 of rent per year; it was $1 for rent per year and then fees based upon the service they provide. You took their bid and the committee’s recommendation to accept that bid and grossly changed into a contract that you want them to agree to. What’s the chance of them entering into the contract? The media is reporting that Commissioner Kim said he doesn’t need to do the RFP process; he can do a professional service contract and avoid the whole RFP process. If that’s true, then why did you send out the RFP? Commissioner Kim stated he did include all the City Council members when the process started in February of last year. Based upon a report from the comptroller’s office, they got worried that they could be violating the bidding laws by negotiating with just one party. It’s clear from the Charter and the City Code that the issue of emergency services is the responsibility of the commissioner of public safety. The mayor’s concern is why the bid was awarded to SEMS and changed the circumstances of the bid. At the last meeting, they presented the committee with a proposed acceptance of SEMS. There was a consensus that they should use SEMS but they need some money. The numbers in the various contracts have not changed. Marilyn Rivers did her job – she helped us get this contract better. The city attorney did exactly what he did last year in July 2008 and sat on this. Mayor Johnson stated the contract is greatly different than the RFP terms; that’s the problem in awarding the bid. If you want to award the bid and then sit down with SEMS, he is agreeable with that. Commissioner Kim stated he is only hearing opinions. The Accounts Department stated this is no problem here but the Mayor’s Office says it’s a problem. Mayor Johnson stated you cannot substantially vary the terms of the RFP in award of bid. With an RFP you are bound by parameters and guidelines. To increase the rent from nothing or a token dollar to $50,000 a year is a substantial change in the terms of their bid. Commissioner Franck stated Marilyn did go through this contract and made few changes in the language. She also looked at it from the risk and safety and insurance perspective. He has no problem doing an award of bid. The difference here from the others is this is materially different that what is proposed. His understanding is SEMS was the best fit from the matrix they were using. He’s not sure if SEMS is aware of what is in the contract. We will only make money on this if we accept the contract. Commissioner Kim stated the only document they found regarding a relationship with SEMS is a document Mayor Watkins signed stating the City would let SEMS stay in the building with the understanding of a formal relationship to be formed down the road. He asked if he provides the contract before the bid is accepted would it be said that he is collusively bargaining. Commissioner Franck stated he understands what he’s saying, but the contract is materially different than what they bid. He can award the bid, then provide the contract and bring it back at the next meeting. If SEMS doesn’t want to do it, they can say so and you can rescind the bid or continue to negotiate with them. Page 13 of 21 City Council Meeting 7/21/09 Mayor Johnson stated typically negotiations happen arriving at a tentative deal and then you bring it to the Council for approval. We are confusing the RFP process and the award of bid. He would be more comfortable awarding the bid and then allowing Commissioner Kim to sit with SEMS and see if he can come to a deal and bring it back to the Council. Commissioner Scirocco asked if there is room to negotiate. Commissioner Franck stated there is. The contract is fine from a risk and safety perspective. Commissioner Kim stated he is removing his friendly amendment from the table. Joe Scala advised they are all hitting on the right idea that once they award the bid, you can sit and negotiate terms. Commissioner Franck stated he was asked if professional services are waived from the bidding process. The answer is yes, however, he is not sure if SEMS falls under professional services. He would have to talk with the state. He only made a blanket comment that professional services can be waived. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald Morris Baker Firth PC for Hybrid Article 7/78 Assessment File – John M. Hogan Jr., et al (09-222) Commissioner Franck moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Fitzgerald Morris Baker Firth, PC for Hybrid Article 7/78 assessment file with John M. Hogan, et. al as presented . Commissioner Franck stated they are looking to enter into an agreement with Fitzgerald Morris Baker Firth PC for legal representation for a hybrid Article 7/78 assessment case. The City will be charged an hourly rate of $170 for legal services relating to the Article 7 case with no maximum cap and $170 per hour for legal services relating to the Article 78 case with a cap of $5,000. Mayor Johnson asked why there is no cap on the article 7 defense portion. Commissioner Franck stated when they hire someone it has to fall within his budget. His has no concerns that wouldn’t be the case. Ayes – All Finance Department Set Public Hearing: Gilbert Road II Water District Commissioner Ivins set a public hearing for Tuesday, August 18, 2009 at 6:50 pm. Discussion and Vote: Department of Public Safety Payroll Transfers (09-223) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the public safety payroll transfers as distributed to the Council . Ayes – All Discussion and Vote: DPW Payroll Transfers (09-224) Page 14 of 21 City Council Meeting 7/21/09 Commissioner Ivins moved and Commissioner Scirocco seconded to approve the DPW payroll transfers as distributed to the Council. Ayes – All Discussion and Vote: Finance/All American Celebration Reimbursement Transfers (09-225) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the All American Celebration reimbursement transfers as presented to the Council. Commissioner Ivins explained this is for police, fire and DPW assistance. They have requested that a portion of the grant funds that were not used in another category be used to reimburse a portion of the police overtime. They are waiting approval from the state to do that. If approved, they will be reimbursing 2/3 of the total costs of the $6,133 public safety costs. Ayes – All Discussion and Vote: Finance Policies & Procedures Annual Update (09-226) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the finance policies & procedures updates as presented to the Council. Commissioner Ivins stated they are required by Charter to update their policies annually. The capitalization policy has been combined with the asset policy. He thanked the Accounts Department for their help to streamline that. There are new forms for the advanced check and early check pick up. These will be placed on the public drives. He asked that all employees be reminded of the dates various forms are to be turned in by for the pick up of checks, etc. Ayes – All Discussion: City Finances Commissioner Ivins stated occupancy tax has dipped slightly compared to 2008. Sales tax continues to be off, mortgage tax has dropped off the past 2 months but is still expected to meet budget. New York State is still delinquent on its 4th quarter 2008. A letter has been sent to Albany to say ‘get the check in the mail’ for. Commissioner Ivins reviewed the July 4th activities financial analysis. From 2000-2007 there were only fireworks and no separate line item in the budget. In 2008 & 2009 the Finance Department set up a separate line item for the event. The City cannot legally solicit donations, but private parties can do that. Up to 2009, only the cost of the fireworks was collected in donations; there was no reimbursement to cover DPW and public safety costs. Next year there will not be a grant, so they will have to re-look at finances and the economy then. Discussion: 2010 Budget Process Commissioner Ivins explained the call letters will be sent out next week – must be out by August 1st. He requested that all departments get back to him by September 1st rather than the Charter requirement of September 15th. He asked for realistic projects of where 2009 is going to end. He also asked that they look at a zero percent increase; things are going to be tight. We will have a better handle of revenue sources in the fall. In late August he will be setting up 2 budget workshops for September. He will ask Public Safety and Accounts to go line by line at the first budget workshop. The other 3 departments will present their budgets line by line in the second workshop. Set Public Hearing: SPAC Ticket Surcharge Page 15 of 21 City Council Meeting 7/21/09 Commissioner Ivins pulled this item from his agenda. He is still looking for some final answers from the State Department of Taxation and Finance. He’s looking at this as a way to bring in additional revenues from people outside the City who are using our services and getting benefits. The key to this whole thing is showing the need and expense, therefore, he would like from Commissioner Kim’s office statistical analysis of costs incurred by public safety when these concerts come in to town. This will still have to be taken to the state. Commissioner Franck stated SPAC has a surcharge on their tickets for administrative. The costs to clean up after a concert and the staff needed for the fights further supports this surcharge. He would also like to know what the attendance was last year for the events the surcharge is being proposed. Commissioner Ivins stated last year the numbers were 200,000. Commissioner Franck stated he doesn’t want to lose SPAC, but he also doesn’t want to lose the City. Public Works Department Set Public Hearing: Amend the Capital Budget – South Broadway Reconstruction Project Commissioner Scirocco set a public hearing for Tuesday, August 4, 2009 at 6:55 pm. Commissioner Ivins asked for an explanation of the numbers and why this is just coming up now when the project was completed last fall. Paul Male, city engineer, explained this is a federally funded project. As a result, everything has to have federal and state approval. The basic increase in this project was the waterline. They had to work around the waterline on the northern part of the job and they chose to extend it on the southern part of the job. The extension was approved at $250,000 +/- but turned out to be around $290,000 because there were additional things they found when they got into the ground. The waterline that went to the north had an extra change order. The amendment they are looking for is $505,000 and the amount the City will have to pay out of that is $302,000. The original waterline was bid at $250,000, the additional work when they got into the ground was $293,000, and then the inspection was an additional $8,000. Commissioner Ivins confirmed we are looking to bond an additional $302,000 on top of the $250,000 bonded last fall. Paul Male believes that is correct. He has not been able to confirm that number since Christine is out. Mayor Johnson confirmed the total figure is $505,000. Commissioner Ivins stated the exact amount they bonded last year was $265,000. Paul Male stated then the additional amount to be bonded would be $300,000. The $505,000 is to give us the expense line and the revenue line would be less than that. Mayor Johnson confirmed our out of pocket would be $300,000. Paul Male stated that was correct. Commissioner Kim confirmed the additional funds are due to doing more work – you brought in a pipe. Paul Male stated that was correct. Commissioner Kim confirmed that they were not aware of those conditions. Page 16 of 21 City Council Meeting 7/21/09 Paul Male stated that is correct. The original plans showed there were 2 waterlines and there were 4 waterlines – 2 they were not aware of. Commissioner Ivins stated his problem is they just violated the Charter. They have contracted and agreed to $300,000 that has been spent but hasn’t been paid for. This is all without Council approval. Paul stated he did notify the Council 2 or 3 times in writing advising them to expect this. The problem was he didn’t have amounts because he hadn’t gotten that from the state. The option was to come back to the Council each time he received a change order. They would have had a public hearing every meeting. Commissioner Ivins stated that is the procedure they are supposed to follow. Paul stated he didn’t know the numbers until he got them in the past month or two. In order to abide by the Charter he would have to stop the job and incur a demobilization charge and a mobilization charge. Commissioner Kim stated this has come up before and need to figure out the appropriate solution. He understands you are on the job, but the Council does have prerogatives in terms of the capital budget. This is a sizable amount of money. Commissioner Ivins stated he has a problem with writing a blank check after the fact. Commissioner Kim asked if there should be some kind of contingency. Commissioner Franck stated he voted against this project originally. The bottom line is it’s already done. Mayor Johnson stated the Council needs to be alerted when these things are being incurred. Some of the change orders go back to August 2008. We need to make sure the contractors don’t have the free hand to not provide us with information earlier. Unfortunately the latest one here is March 2009. He is uncomfortable with learning months after the fact that they have incurred these expenses. There has to be a better procedure. Commissioner Kim asked if there is a way to address this in the contract. Maybe have some kind of clause that states if the contractors don’t give us enough lead time to do what the City Council has to do, the immobilization charge, etc. is on them. Commissioner Ivins suggested when Christine returns; Paul and Commissioner Scirocco meet with them and find a better way. Discussion and Vote: Approval for Nelson Avenue Drainage Phase II – Change Order (09-227) Commissioner Scirocco moved and Commissioner Ivins seconded to approve the change order for the Nelson Avenue Drainage Phase II project in the amount of $64, 067.41 and is in the capital budget. Commissioner Scirocco stated this change order is due to increased quantities of pipe and structures due to unknown ground conditions, existing utility conflicts, and additional sump pump connections. Commissioner Kim asked if we should be altering what our allowances are given the age of the City. Paul Male stated they should put a contingency on these agreements in the 20% - 25% range. Ayes – 4 Nay – 1 (Commissioner Franck) Discussion and Vote: Authorization for the Mayor to Sign a Pre-Cast Curbing Contract (09-228) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a pre- cast curb contract at 102 Fifth Avenue . Page 17 of 21 City Council Meeting 7/21/09 Commissioner Scirocco stated this is for the installation of 112 linear feet of pre-cast curbs in the amount of $20 per linear foot. Ayes - All Discussion and Vote: DPW Sick Bank Request (09-229) Commissioner Scirocco moved and Commissioner Franck seconded to approved the sick bank request for 1 sick day. Commissioner Scirocco stated this has been approved by the union. Ayes – All Discussion: Route 9P Sidewalks Commissioner Scirocco advised the state has contacted the City and asked if the City would be interested in sharing the cost of the sidewalks from Regatta View to the bridge on 9P. He turned this over to Paul Male to explain. Paul Male stated the estimate cost is $260,000 for sidewalks, curbs, and drainage system. He is has asked the stated if the City can do the labor and consider that our contribution – he is waiting for a response on that. Commissioner Scirocco stated there has been issue regarding maintenance. I knows there is an ordinance that states the property owner is responsible for the sidewalks and the curbs. That would cover that area as there are 3 or 4 homes in that area, a boat launch and the Regatta View Homeowner’s Association. He believes it would be a good addition to that area. If DPW can go in and put the sidewalks in ‘in-kind’, that is something he thinks he will do. Commissioner Ivins asked if additional people will need to be hired to accomplish this. Commissioner Scirocco stated they would have to work that out. Commissioner Ivins stated the Council would need to know what the exact cost is. Commissioner Franck reminded Commissioner Scirocco that we have to have some type of assurance from a liability standpoint otherwise what he just stated regarding the ordinance is really meaningless from an insurance standpoint. There will be a lot of traffic. He is all for this if he can show him in writing some type of assurance that we are not going to have this as a liability trap. Commissioner Scirocco stated right now people are parking boat trailers on both sides of the road – that’s a liability. Commissioner Franck stated then they should be towed. Commissioner Scirocco stated there are also people walking in the road because the cars are parked there or there is grass; it is state property and they have to cut it. If we put sidewalks out there people will walk on the sidewalks. Commissioner Franck asked whose liability is it that the state doesn’t cut the grass. It’s the state’s liability; he is talking about the City’s liability. He is for the project but there is a liability issue and we have to get some type of assurance from the state that they are going to sign off on this. If they don’t we have a large liability problem with the people walking on a heavily traveled road. If people are parking there and are not allowed to park there, he can’t take the road out. Page 18 of 21 City Council Meeting 7/21/09 Commissioner Scirocco stated we have sidewalks on other state highways in the City. The homeowners maintain them. He thinks it a good idea of a way to connect that area. Anytime we can put a sidewalk in it is putting people out of harms way. Commissioner Franck asked who is going to maintain this in the winter. Commissioner Scirocco stated it is up to the homeowners. DPW can request someone to put a sidewalk in. If your sidewalk is broken he can make you put a sidewalk in – that’s part of the Charter. Commissioner Franck stated if the sidewalk is broken. If there is not sidewalk you can’t make someone put one in. Commissioner Scirocco stated he can make someone put a sidewalk in even if they don’t have one. In this case the state is asking the City if they want to pay half. I know we probably don’t have the money to do it. Commissioner Franck stated this is a liability issue which Commissioner Scirocco needs to address. Commissioner Scirocco stated he doesn’t believe it is up to the Council to decide if we can put a sidewalk out there. Commissioner Franck asked Commissioner Scirocco is there is money in the budget. Commissioner Scirocco stated the money would come from the state. They would provide the money for the material and we would provide the ‘in-kind’ service. Commissioner Franck asked if that money for the ‘in-kind’ service is in the budget. Commissioner Scirocco stated he would think it would have to be money that they would be reimbursed. Mayor Johnson stated right now there is not enough information to have a meaningful discussion. The proposal is interesting and will consider it when you come back with more details. Paul Male hopes to have the answer to the ‘in-kind’ services for the next meeting. Public Safety Department Set Public Hearing: All Way Stop Sign on High Rock Ave Commissioner Kim set a public hearing for Tuesday, August 4 at 6:50 pm. Commissioner Kim advised the department has been seeing an increase in the number of accidents. Discussion: Meetings with Payroll & Time Keeping Companies Commissioner Kim advised on July 15th they met with Paychex and ADP to discuss what services those companies can provide and if it could save money for the City. Commissioner Ivins was kind enough to attend. Public Safety believes it could potentially provide a savings to his department and possibly the rest of the City. Discussion: Police and Fire Department Expenses for July 4th Activities Commissioner Kim provided detail for the cost for the July 4th activities as an education process for the public. There are crowds at these types of events which require additional staffing needs. July 3rd - July 5th overtime costs were $5,620 for the police. In addition, there was about $1,600 of costs incurred for the fire fighters for the fireworks. Total weekend costs were $7,251 for public safety. They support these events but believe the public needs to know the other side of what it takes to put an event on. Page 19 of 21 City Council Meeting 7/21/09 Commissioner Ivins suggested looking at using the traffic control people who serve at the track to manage the race traffic to reduce costs. Commissioner Kim suggested going back to these organizations who organize the races (i.e. firecracker race) for financial support for public safety coverage. Supervisors Joanne Yepsen Board Meeting and Resolutions Supervisor Yepsen reported there was a full board meeting today. The following resolutions were passed: County Board of Supervisors were declared the lead agency in the environmental review of the construction of the animal shelter, they appointed members to a County Fire Advisory Board, amended the 2009 budget to fund a portion of the Zim Smith Trail for another $550,000. She thanked Saratoga PLAN for making the public aware of the Kaydeross Creek as part of the open space, as the Council is doing. Safe Route to School Committee Report Supervisor Yepsen reported she is serving on this committee. This closely corresponds with Sustainable Saratoga and the Trails Committee. They will be looking at funding to make this a reality. Opening of Racetrack & Thoro-fan Supervisor Yepsen reported there will be an open house this Sunday, July 26th at the track. There will be a table there for the Thoro-fan group and one for the homeless women’s group. Thoro-fan is a not-for-profit group who supports the growth of the thoroughbred racing industry by supporting the needs and interests of the racing fans. The local group meets monthly and serves as the operating model for the organizations national roll-out. Regional Economic Stimulus Open Forum Supervisor Yepsen reminded everyone that the economic stimulus forum will be on August 6th from 9:00 – 12:30 at Empire State College. Matt Veitch Update: Economic Development Committee – Zim Smith Trail Supervisor Veitch reported they were to receive stimulus money on a portion of the trail but the section that they are going to build on is considered private property. Stimulus money is not available for development of private property, therefore, the County had to put up the money. This is an essential trail of Saratoga County – it goes from Ballston Spa all the way to Mechanicville and beyond to Saratoga Springs, Saratoga Spa State park to Waterford and then south to the Corning Preserve trails. Update: Green Committee Supervisor Veitch reported the committee will be meeting on July 29th at 7:00. The workshop will address building green residential and commercial. Mike Phinney from Phinney Design, Frank Lasky from Capital Construction and a representative from NYSERDA will be presenting. Update: Trails Committee Page 20 of 21 City Council Meeting 7/21/09 Supervisor Veitch reported they will be meeting tomorrow to discuss coordination efforts between the County and towns. Update: Saratoga County Day at the Races Supervisor Veitch reminded the public that the Board of Supervisors will be hosting a day at the races on August 30th. County residents get in free. Update: Saratoga County Fair Supervisor Veitch reported he won the demolition derby. Tuesday was autism day at the fair. The attendance topped 75,000 people, which is one of the top 5 years for attendance since they have been keeping records. That just proves people are doing ‘staycations’. Update: Saratoga Gaming & Raceway Foundation 2009 Grant Program Supervisor Veitch reported people can start applying for grants on September 8th and the deadline for submitting applications is October 20th. Decisions will be made on Nov. 7th. NYRA Local Advisory Board Supervisor Veitch reported they met for the first time yesterday. There are 15 members – 5 chosen from the City of Saratoga Springs, 5 chosen from NYRA, and 5 chosen from the County. Charles Hayward gave them updates of where they are in the franchise process and where NYRA is with the oversight board. They will also be doing an inventory of the track facilities. 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 11:50 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 8/4/09 Vote: 5 - 0 Page 21 of 21