City Council

July 3, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:10 PM – PH – Amend Chapter 225- 90 Schedule XXV: Taxi Stands 6:15 PM – PH – Amend Chapter 225-89 Schedule XXIV: Load Zones 6:20 PM – PH – Remove Lena Lane from City Street List and Designate as Pedestrian Way 6:40 PM – PH – Amend 2012 Capital Budget for Waterfront Park Project 6:50 PM – PH – Zoning Ordinance Rewrite 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): None 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 of 5/15/12 2. Approval of City Council Minutes of 6/19/12 3. Approval of City Council Minutes of 6/5/12 4. Approval of Pre-Agenda Minutes of 6/18/12 5. Approval of Pre-Agenda Minutes of 6/4/12 6. Approve Budget Transfers – Regular 7. Approve Payroll 6/22/12 $398,793.15 8. Approve Payroll 6/29/12 $403,379.88 9. Approve Warrant 2012 Mid – 12MWJUN2 $59,219.60 10. Approve Warrant 2012 Reg – 12JUL1 $902,965.91 MAYOR’S DEPARTMENT 1. Discussion and Vote: Accept Donation for Summer Concert Series 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Gary Ferris for Summer Concert Series 3. Discussion and Vote: Authorization for Mayor to Sign Agreement with The Charles Cornell Quartet for Summer Concert Series 4. Discussion and Vote: Authorization for City Council to Approve Resolution for City to Seek NYS Grant Funding for Continuation of Waterfront Park Development 5. Announcement: Waterfront Park Access Status 6. Set Public Hearing: Woodlawn Oval PUCD Proposed Map and Text Amendment City Council Meeting 7/3/12 7. Appointment: Design Review Commission 8. Discussion: Status of Woodlawn Avenue Parking Garage ACCOUNTS DEPARTMENT 1. Discussion: Street Name Change – Donald Connolly Way 2. Discussion: Wilton Grievance on Loughberry Lake Properties FINANCE DEPARTMENT 1. Announcement: 2013 Budget Call Letter 2. Announcement: Property Auction 3. Discussion: Saratoga Springs Housing Authority 4. Discussion and Vote: Reserve Resolution – Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings 5. Discussion and Vote: Budget Transfers – Payroll 6. Discussion and Vote: Capital Budget Amendment – Waterfront PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Change Lena Lane from a Listed City Street to a Pedestrian Thoroughfare with the Same Name 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement – Lena Lane PUBLIC SAFETY 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA for 2012 Racing Season 2. Discussion and Vote: Amend Chapter 225-89, Schedule XXIV: Load Zones 3. Discussion and Vote: Amend Chapter 225-90, Schedule XXV: Taxi Stands SUPERVISORS Joanne Yepsen 1. Legislative and Research Committee Report 2. Saratoga County Fair 3. Agriculture Symposium Matt Veitch 1. June Meetings 2. Technology Committee ADJOURN Page 2 of 14 City Council Meeting 7/3/12 July 3, 2012 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Joanne Yepsen, Supervisor Matthew Veitch, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor (arrived at 7:17 p.m.) Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS 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 Amend Chapter 225- 90 Schedule XXV: Taxi Stands Mayor Johnson opened the public hearings at 6:11 p.m. Commissioner Mathiesen stated some of the taxi stands were previously established in the City. There are 3; one the east side of Broadway between Caroline Street and Lake Ave; one on the east side of Putnam Street between Phila Street and Caroline Street; and the north side of Caroline Street between Maple Avenue and Pavilion Row. This will create a more orderly way for people to find taxis late at night. John Tighe of Rowland Street, Milton, stated taxi stands are good ideas. He hopes the signs say taxi stand and not loading zone. People ignore loading zone signs; if they are properly marked it will avoid confusions. Page 3 of 14 City Council Meeting 7/3/12 Commissioner Mathiesen stated these areas will be load zones from 9 a.m. – 3 p.m. and taxi stands from 3 p.m. to 9 a.m. There will be 2 signs there. There should not be any confusion as to when it is being used as a load zone versus a taxi stand. Mayor Johnson closed the public hearing at 6:16 p.m. Amend Chapter 225-89 Schedule XXIV: Load Zones Mayor Johnson opened the public hearings at 6:16 p.m. Commissioner Mathiesen stated this is to formalize the load zones. No one spoke. Mayor Johnson closed the public hearing at 6:20 p.m. Remove Lena Lane from City Street List and Designate as Pedestrian Way Mayor Johnson opened the public hearings at 6:20 p.m. Commissioner Scirocco stated they are looking to remove this from the City street list and make it a pedestrian thoroughfare. There are some issues with the width of the road and the sidewalk next to one of the businesses that is in need of repair. The name will remain Lena Lane. No one spoke. Mayor Johnson closed the public hearing at 6:40 p.m. Amend 2012 Capital Budget for Waterfront Park Project Mayor Johnson opened the public hearings at 6:40 p.m. Mayor Johnson advised this is to reflect that in 2010 we received $200,000 from NYS to assist us and the budget must show the value of the project has gone up. John Tighe of Rowland Street in Milton stated the state parks are all stressed. They have been at full capacity. Anything that can help the Waterfront Park to open will be a help to the people. Mayor Johnson closed the public hearing at 6:50 p.m. Zoning Ordinance Rewrite Mayor Johnson opened the public hearings at 6:50 p.m. Mayor Johnson advised this was released publically early June. Since then they have had workshops and meetings with the land use boards and have received 3 favorable advisory opinions, one from each of the land use boards. The next step is to bring this to vote at the next City Council meeting on July 17th. Barbara Glaser of 108 Spring Street stated she also owns property at 110 & 112 Spring Street as well as 49 Court Street. She commended the City for the work done. The new structure for the ordinance is a significant improvement. There is also increased clarity. It was sometimes hard to understand the significance or impact of the individual amendments in the materials presented. She does urge the adoption of these amendments. Page 4 of 14 City Council Meeting 7/3/12 Cliff VanWagner of 18 Rolling Brook Drive stated he is the chair of the Planning Board. They have 9 minor suggestions after going through this and spelled those out in the letter of response to Commissioner Franck. They are about customer service and they tried to make this user friendly. Changes were made because what was in the code was not defendable. He strongly recommended the adoption of this now. It will make it easier for the applicants to come to the City, easier for the boards, and protect the City. Mayor Johnson ended the public hearing at 7:00 p.m. and left the public hearing open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT 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. Mayor Johnson opened the public comment period at 7:01 p.m. John Tighe of Rowland Street in Milton stated he hoped there will not be any delays in the parking garage. He also wants to know why there are all the 15 minute parking spaces. He also stated that tonight there are people here from Jefferson Terrace due to the mold and lack of police response. Pastor Peter Barios of 5B-2 Jefferson Terrace stated he is here with residents who would like to speak about the police issue. Diane Patnaude of 12C-3 Vanderbilt Terrace they have a problem with mold. The basements also need to be checked as they were never cleaned after a sewer back up. They are also having a big problem with drug use in the area. They need the police help by having them walk through the terrace and not just doing a drive through. Mary Johnson of 2B-3 Vanderbilt Terrace stated she had a fan and a screen in her window kicked across her room. This was done by a drug dealer that came from New York City. The police need to be over there. Michael O’Dunne of 60 Rip Van Lane thanked Commissioners Franck, Madigan, and Mathiesen for working so hard to have the last call at 3 a.m. The statement that changing it is going to bankrupt the businesses is balderdash. When he was a kid the time was 2 a.m. and it was ‘ok’. He was also advised that the speed limit in the City is a state issue; 30 m.p.h. is a reasonable speed. Maybe you can lobby to address the speed limit and have it reduced to 25 m.p.h. Commissioner Mathiesen stated he agrees with Mr. O’Dunne. We can’t easily go to 25 m.p.h. but cities should look at ways to reduce it. There are streets where 30 m.p.h. is too fast. Mayor Johnson closed the public comment period at 7:10 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Scirocco seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes of 5/15/12 2. Approval of City Council Minutes of 6/19/12 3. Approval of City Council Minutes of 6/5/12 Page 5 of 14 City Council Meeting 7/3/12 4. Approval of Pre-Agenda Minutes of 6/18/12 5. Approval of Pre-Agenda Minutes of 6/4/12 6. Approve Budget Transfers – Regular 7. Approve Payroll 6/22/12 $398,793.15 8. Approve Payroll 6/29/12 $403,379.88 9. Approve Warrant 2012 Mid – 12MWJUN2 $59,219.60 10. Approve Warrant 2012 Reg – 12JUL1 $902,965.91 Commissioner Madigan advised she found a typo in the 6/19/12 minutes on page 10. The amount of electric portion of the Water Treatment Plant Filter Upgrade project is $123,157; not $23,157 as originally typed. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Accept Donation for Summer Concert Series (12-219) Mayor Johnson stated this donation is in the amount of $250 from the Adirondack Trust Company. Mayor Johnson moved and Commissioner Madigan seconded to accept the donation. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Gary Ferris for Summer Concert Series (12-220) Mayor Johnson stated this is in the amount of $150 and comes from line A3517524 / 54172. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign the agreement. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with The Charles Cornell Quartet for Summer Concert Series (12-221) Mayor Johnson stated this in the amount of $300 and funding is in line A3517524 / 54172. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign the agreement. Ayes - All Discussion and Vote: Authorization for City Council to Approve Resolution for City to Seek NYS Grant Funding for Continuation of Waterfront Park Development (12-222) Mayor Johnson stated this is to seek further NYS Grant Funding for development at the Waterfront Park. In 2010 the City received $200,000 from the Office of Parks, Recreation, and Historic Preservation. The proposal before us is for the City to apply for grant funding not to exceed $400,000 which is matching in kind. The resolution contains the authorization to apply for the grant and the mayor have the authority to enter into and execute a project agreement with New York State. The Council agreed to waive the public reading of the resolution, however the resolution reads as follows: Page 6 of 14 City Council Meeting 7/3/12 A RESOLUTION AUTHORIZAING THE CITY OF SARATOGA SPRINGS TO SEEK FUNDING THROUGH THE NEW YORK STATE CONSOLIDATED FUNDING APPLICATION FOR IMPROVEMENTS TO WATERFRONT PARK DEVELOPMENT WHEREAS, The development and maintenance of parks, recreation lands and programs available to all citizens of the City of Saratoga Springs is deemed to be essential to the community’s well being, health and welfare, and WHEREAS, The City’s commitment to such a comprehensive parks and recreation program is manifest in its adopted policies and the Community Land Preservation initiative approved at voter referendum in 2002, and WHEREAS, as a result of said policies and initiatives the City has acquired a 3.5 acre property on Saratoga Lake known as “Waterfront Park”, and WHEREAS, a citizen group known as the Waterfront Committee have prepared “The Waterfront Park Committee Report” and submitted same to the City Council as a guide for the appropriate development of Waterfront Park, and WHEREAS, this City Council desires to use all available aid and assistance to make appropriate improvements to Waterfront Park consistent with the “Master Plan for the City of Saratoga Springs Waterfront Park” prepared by the said LA Group and dated February 2, 2009, and WHEREAS, The New York State Office of Parks, Recreation and Historic Preservation has funded the 2009 Grant Application for said Waterfront Park in the amount of $200,000 for partial completion of Phase 1 of the “Master Plan” prepared by the LA Group, and WHEREAS, New York State through the New York State Consolidated Funding Application has invited funding proposals in 2012, and WHEREAS, this City Council desires to seek such available funding assistance, and WHEREAS, Said communities must provide an equal match in cash and/or in-kind services, and WHEREAS, the City of Saratoga Springs has a total of $400,000 in eligible matching funds through a combination of in-kind services, proceeds from the City’s Recreation Fund, and available Open Space Bond Act and General Obligation Bond funding, now therefore BE IT RESOLVED, that the Mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funding through the New York State Consolidated Funding Application, in an amount not to exceed $400,000, and upon approval of said request to enter into an d execute a project agreement with the State for such financial assistance for development of Waterfront Park and, if appropriate, a conservation easement or preservation covenant to the deed of the assisted property. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to apply for funding as well as enter into any contract if appropriate based upon previous discussion. Ayes - All Announcement: Waterfront Park Access Status Mayor Johnson announced the City is working towards opening the park. There are things the City first has to comply with. They are working closely with DPW to re-grade and pave. They are optimistic that they can get this open in short order. Commissioner Scirocco stated it is a beautiful piece of property and anxious to get the public there to start using it. Mayor Johnson stated the public will be pleased with the openness once they are able to get down there and see it. Set Public Hearing: Woodlawn Oval PUCD Proposed Map and Text Amendment Mayor Johnson set the public hearing for July 17, 2012 at 6:40 p.m. Appointment: Design Review Commission Mayor Johnson stated he is pleased to re-appoint 2 current members of the DRC; Tamie Ehinger and Rich Martin. Their terms will run through July 1, 2015. They both have agreed to stay on. Rich has been on the DRC for approximately 20+ years. Discussion: Status of Woodlawn Avenue Parking Garage Mayor Johnson stated there was an accident at the parking garage on June 21; a worker was injured. It appears that a concrete snow shield panel fell inward, not striking the worker. The injury was not serious. Through the engineering analysis done, the reports received have verified the damage appears to be minor in nature. Plans have been put in place to propose a remedy. The plan has been reviewed by our Page 7 of 14 City Council Meeting 7/3/12 independent engineer have found those plans to be acceptable. Everyone on this project is to make sure that the integrity of the structure is preserved and the public safety is assured when opened for public use. The damage to the garage will not affect any of the warranties we have through the contractor. ACCOUNTS DEPARTMENT Discussion: Street Name Change – Donald Connolly Way Commissioner Franck stated he has been approached by the family of former Commissioner Donald Connolly asking if a street could be named after him. Commissioner Connolly was: o Commissioner of Accounts for 12 years - 1970 -1981 o Known for the Connolly Plan – 1% bonding limit o One of the original pioneers regarding the broadcast of City Council meetings o Served as the chair of the City’s Real Estate Committee o Instrumental in creating the position of Safety Officer for the City of Saratoga Springs Commissioner Franck proposed the mayor place on his agenda for the next City Council meeting the setting of a public hearing for the street name change. The streets he is suggesting the Council select from to be changed in Commissioner Connolly’s honor are: o Long Alley, southern most section starting on Division St. and running thru Adirondack Trust Company/Woodlawn. o Gardner Lane, on the east side of Broadway, next to Lillian’s Restaurant on the Southern side running east downhill towards the Library. o Huetis Ct, just north of the Holiday Inn running east towards Congress Park. Commissioner Mathiesen stated he likes the Long Alley location the best. There would be no impact on addresses and clear up the confusion. Mayor Johnson stated when we make a name change like this, we want to be sure the change goes into the databases (i.e. Google, gps, etc.) Commissioner Madigan stated she has seen situations where both names are used for a period of time. Mayor Johnson stated he would be happy to advance this. It is an appropriate recognition. Commissioner Scirocco stated he was a ‘firecracker’ of a commissioner. He was for the people. He would support a name change. Discussion: Wilton Grievance on Loughberry Lake Properties Commissioner Franck advised that at the April 3, 2012 City Council meeting, the City received 5 notices regarding properties it owns in the Town of Wilton around Loughberry Lake. Most of this land is under the lake or watershed. Tony Popolizio, Commissioner Scirocco, and I met with the Wilton assessor and Attorney Martin Cohen met with the Board of Assessment Review to grieve the assessment of these properties. We received the determination from the Wilton Board of Assessment Review late last week. The property they assessed at $1,265,000 was adjusted and reduced to an assessed value of $102,900; the property assessed at $104,100 was adjusted and reduced to an assessed value of $58,100; and the 3rd property they assessed at $554,300 was adjusted and reduced to an assessed value of $140,600. FINANCE DEPARTMENT Announcement: 2013 Budget Call Letter Page 8 of 14 City Council Meeting 7/3/12 Commissioner Madigan announced the 2013 call letter went out Thursday, June 28th. She recommended the budget be no greater than the 2012 budget amounts. At no time should a total departmental budget increase by more than 1%. Announcement: Property Auction Commissioner Madigan announced the property auction will be held on July 14th at 10:00 a.m. The properties and tax maps are on the City’s website. Discussion: Saratoga Springs Housing Authority Commissioner Madigan stated at the May 15th City Council meeting the Council unanimously approved a Compliance and Communication Plan. We received a response on June 21st and have embraced the concept of communication. She is disappointed that they have not responded to our request to bring forward employee contracts. Their letter stated that they were waiting for the audit to be completed before responding to this. Discussion and Vote: Reserve Resolution – Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings (12-223) Commissioner Madigan stated she is requesting the use of a capital use fund to finance construction, reconstruction or acquisition of buildings up to $10,000. This is for an architect to review infrastructure, supply solutions for functionality and safety, and provide a cost estimate for the reconstruction of Police Department facility in City Hall. Mayor Johnson stated last year there was a request that came through the Accounts Department, as that is where Risk and Safety falls, regarding repairs and renovations of the Police Department. It was accepted by the Council last year as part of the Capital Budget. That is in our current budget in 2 phases. He asked what is happening to the balance for next year. Is this part of that or in addition to it? Commissioner Madigan advised this would be in addition to that number. We really need an architectural study from a Risk and Safety point of view. There are a lot of risk and safety issues that have not been fully analyzed by an architectural specialist. There are risk and safety issues down there that have not been fully analyzed. Mayor Johnson confirmed that if this is approved tonight, Commissioner Madigan would have to come back to the Council to authorize the expenditures for the actual work. Commissioner Madigan advised that is correct. Right now she is looking for the up to amount of $10,000. Commissioner Scirocco asked if an RFP has been done yet. Commissioner Madigan advised she has not done one yet. She has received quotes from Risk and Safety and Public Safety. Commissioner Franck stated he believes it falls under professional services but that doesn’t prevent an RFP from going out if they want to. Obtaining 3 quotes is good business practice. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the reserve resolution, capital reserve fund, to finance the construction, reconstruction, or acquisition of buildings as previously distributed with the agenda. The resolution was not read into the record, however it reads as follows: Page 9 of 14 City Council Meeting 7/3/12 WHEREAS, the City Council of the City of Saratoga Springs established the Capital Reserve Fund to finance the construction, reconstruction or acquisition of buildings (Buildings Reserve Fund”) on November 7, 2006 to accumulate moneys to finance the cost of the construction, reconstruction, or acquisition of buildings and additions to or conversion thereof as described in subdivisions 11 and 12 of §11.00 of the Local Finance Law; and WHEREAS, the Council now finds that an expenditure of up to $10,000 is required for an architect to review infrastructure, supply solutions for functionality and safety, and provide cost estimates for the reconstruction of the Saratoga Springs Police Department facility located in City Hall. This expenditure will be made in accordance with the purposes of the Buildings Reserve Fund; NOW, THEREFORE BE IT RESOLVED, that the above-described expenditure is hereby approved in accordance with the Capital Reserve Fund to finance the construction, reconstruction or acquisition of buildings. Mayor Johnson stated he is aware Commissioner Madigan has been working with Joe Scala, city attorney on this. He asked what the outcome was of the investigation regarding if a referendum or public hearing is required to make this move this evening. Commissioner Madigan advised that will be looked into. If it is determined that a referendum is needed; we are opened up to a host of other issues. His opinion was this reserve fund can be used for architectural survey work. Ayes - All Discussion and Vote: Budget Transfers – Payroll (12-224) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers – payroll, which were distributed with the agenda. Ayes - All Discussion and Vote: Capital Budget Amendment – Waterfront (12-225) Commissioner Madigan moved and Commissioner Franck seconded to approve of the 2012 budget amendment – capital budget, which was distributed with the agenda. Mayor Johnson stated this is not an increase in cost for this project. This is to reflect that we received $200,000 from the state from grant money that must result in amending the capital budget to show the receipt of that money. Roll Call: Commissioner Franck - Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye PUBLIC WORKS DEPARTMENT Discussion and Vote: Change Lena Lane from a Listed City Street to a Pedestrian Thoroughfare with the Same Name (12-226) Commissioner Scirocco stated this request is for the change of Lena Lane as a city street from Phila Street to the library parking lot. This lane could be put to better use. Commissioner Scirocco moved and Commissioner Franck seconded for charter 201 section 201-1, Official Street List, entitled Street Naming and Numbering be amended to change Lena Lane to a pedestrian thoroughfare. Page 10 of 14 City Council Meeting 7/3/12 Commissioner Mathiesen inquired if this included all of Lena Lane as it wraps around the back of 7 Horse Pub. Commissioner Scirocco advised if they close it off behind the 7 Horse Pub it will stop vehicles from going through. It will increase the parking at the library parking lot. Commissioner Mathiesen confirmed this is year round. Commissioner Scirocco stated that was correct. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement – Lena Lane (12-227) Commissioner Scirocco stated this is an agreement between the City of Saratoga Springs and MXMAC, LLC, and JBA Restaurant Corporation. The annual fee will be $2,000 with a pro-rated fee of $1,035 for this year. He further described some of the key points of the lease agreement. Commissioner Franck asked if this was a motion. Commissioner Scirocco indicated yes. Commissioner Franck asked if the lessees are willing to put language into lease for years 6 – 10 for a flat number and a northeast CPI increase from the beginning of the lease to year 6 if they take that option. Michael Toohey, counsel for the 2 lessee. The request is reasonable to them and they are willing to accept that. Commissioner Madigan stated she is being told that a 5 year with a 5 year renewal is standard. She asked if the City has the right to reject this option at any point in time. Mr. Toohey advised if they are in default, the City has the right not to renew the lease. Commissioner Mathiesen stated the lease talks about being effective March through October but it also talks about the tenant being responsible to clear the area of snow when the lease isn’t actually in effect. Mr. Toohey stated that was additional consideration to the City for the granting this lease. Commissioner Mathiesen stated he is not going to support this as a 5 year lease is too long. There is ample opportunity for both businesses to use that space with the sidewalk café permits we have in place. This is really overkill. He does applaud the use of the alley in this way. Commissioner Franck stated there is precedent here for 5 year lease with National Grid. For a number of years they tried to permit, then they weren’t allowed to permit, then they were allowed to permit for certain days. The capital going into this is considerably more than building a deck on Broadway. He will be voting in the affirmative. Commissioner Mathiesen stated National Grid isn’t a City street. Commissioner Scirocco stated Lena Lane is not safe; you can’t see around the corner. It is being put to good use. Mayor Johnson stated he also will be supporting this. He has no concern over a 5 year lease. Ayes – 4 Nays – 1 (Commissioner Mathiesen) Page 11 of 14 City Council Meeting 7/3/12 PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA for 2012 Racing Season (12- 228) Commissioner Mathiesen moved and Commissioner Madigan seconded for the involvement of fire protection at the race track. New York Racing Association will be paying the City for our fire apparatus and fire personnel as been the case in the past. Ayes - All Discussion and Vote: Amend Chapter 225-89, Schedule XXIV: Load Zones (12-229) Commissioner Mathiesen moved and Commissioner Franck seconded to amend Chapter 225-89 Schedule XXIV to add the following load zones: Caroline Street, north side, between Maple Avenue and Pavilion Row from 9 a.m. – 3 p.m.; Putnam Street, east side, between Phila Street and Caroline Street – last space – between 9 a.m. and 3 p.m.; Broadway, east side, between Caroline Street and Lake Avenue – the first space between 9 a.m. and 3 a.m.; and Broadway, east side, between Caroline Street and Lake Avenue – the last space between 9 a.m. and 3 p.m., Monday through Friday. Ayes - All Discussion and Vote: Amend Chapter 225-90, Schedule XXV: Taxi Stands (12-230) Commissioner Mathiesen moved and Commissioner Franck seconded to amend Chapter 225-90 Schedule XXV to add the follow Taxi Stands: Broadway, east side, between Caroline Street and Lake Avenue – the first space between 3 p.m. and 9 a.m.; Putnam Street, east side, between Phila Street and Caroline Street – the last space from 3 p.m. and 9 a.m.; and Caroline Street, north side, between Maple Avenue and Pavilion Row from 3 p.m. to 9 a.m. Ayes - All SUPERVISORS Joanne Yepsen Legislative and Research Committee Report Supervisor Yepsen reported the occupancy tax local law came up for vote; she voted in favor of this. It will go to Law and Finance and then the full Board of Supervisors. The City gains 5% of all taxes collected. There will be a public hearing on this on August 15th. Also, this Committee reviewed and voted on the resolution sent to the County by the City on last call for alcohol. The Committee voted it down. Supervisor Yepsen stated she feels this issue was not looked at thoroughly by the County. Commissioner Mathiesen stated he was disappointed that they were not able to speak to the people on that committee. It did not follow the democratic process. Commissioner Scirocco stated he advised Commissioner Mathiesen that it would be in his best interest to speak at the County’s public hearing. Page 12 of 14 City Council Meeting 7/3/12 Commissioner Madigan stated she was there yesterday and wasn’t surprised by the outcome. She would have liked to have seen courtesy extended to this Council. Saratoga County Fair Supervisor Yepsen reported the fair is the 17th through the 22nd. Agriculture Symposium Supervisor Yepsen reported she attended the agricultural symposium at Sunnyside. This year’s topic was how to market the horticulture industry to the legislators, government officials, and the consumer. Matt Veitch June Meetings Supervisor Veitch apologized for not being at attendance for the City Council June meetings. He was traveling for his job. Technology Committee Supervisor Veitch reported there is a meeting this Monday at 2 p.m. There is an RFP out for the e-mail upgrade at the County. They will also start wireless access in the board room. *** Addition of Item Commissioner Madigan moved and Commissioner Franck seconded to add an item to the agenda regarding the warrant in the amount of $2,777,390.55, which is due and payable before the next Council meeting. Mayor Johnson confirmed this requires immediate and final action this evening. Commissioner Franck advised he signs the warrant as soon as the consent agenda is completed. There were only 2 figures and should have been 3. He alerted the deputy so they can correct this. Ayes - All Commissioner Madigan moved and Commissioner Franck seconded to approve warrant in the amount of $2,777,390.55 to pay the seconded quarter County tax sewer bill and Special Assessment District. Ayes – All EXECUTIVE SESSION Mayor Johnson moved and Commissioner Madigan seconded to move to executive session for discussion regarding proposed purchase or disposition of real property or securities; a request that the City waive certain sales and mortgage tax as well as allow a pilot agreement on a proposed piece of property at 8:37 p.m. The Council returned at 9:01 p.m. Page 13 of 14 City Council Meeting 7/3/12 Mayor Johnson announced the City Council did not resolve anything in executive session therefore there is nothing to report. ADJOURNMENT Mayor Johnson moved and Commissioner Madigan seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 9:01 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/17/12 Vote: 5 - 0 Page 14 of 14