City Council

July 17, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:40 PM – PH – Woodlawn Oval PUCD 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 the proposed purchase or disposition of real property or securities; 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 7/2/12 Pre-Agenda Minutes 2. Approval of 7/3/12 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 7/06/12 $470,033.81 6. Approve Payroll 7/13/12 $425,923.01 7. Approve Warrant 2012 Mid – 12JUL1 $89,586.27 8. Approve Warrant 2012 Mid – 12 MWMAR3 $2,958,956.54 9. Approve Warrant 2012 Reg – 12JUL2 $1,060,252.00 MAYOR’S DEPARTMENT 1. Discussion and Vote: Appointments to the Downtown Special Assessment District Board 2. Announcement: Favorable Advisory Opinions from City Planning Board, Design Review Commission, Zoning Board of Appeals and County Planning Board on Revisions to Zoning Ordinance, City Code, and Subdivision Regulations 3. Announcement: Schedule of Vote for Local Law No’s 2 & 3 of 2012 – Zoning Ordinance, City Charter, City Code, and Subdivision Regulations Proposed Revisions 4. Discussion and Vote: Accept Donation for Summer Concert Series 5. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fresh for Summer Concert Series 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Sonny & Perley for Summer Concert Series 7. Discussion and Vote: Authorization for Mayor to Sign Agreement with Betsey and the Byegons for Summer Concert Series 8. Announcement: Solomon Northup Day City Council Meeting 7/17/12 9. Discussion and Vote: Authorization for Mayor to Sign Agreement with Dan Hubbs for Solomon Northup Day Celebration 10. Discussion and Vote: Authorization for Mayor to Sign Agreement with Henrique Prince for Solomon Northup Day Celebration 11. Discussion and Vote: Authorization for Mayor to Sign Agreement with Cardinal Direction Landscape Architect, PLLC for Professional Urban and Community Forest Management Services 12. Announcement: Status of Woodlawn Parking Garage ACCOUNTS DEPARTMENT 1. Discussion and Vote: Woodlawn Oval PUCD SEQRA Determination 2. Discussion and Vote: Woodlawn Oval PUCD Proposed Map and Text Amendment FINANCE DEPARTMENT 1. Discussion and Vote: Property Auction 2. Discussion: 2012 Finance Policies and Procedures Update 3. Discussion and Vote: Budget Transfers – Payroll 4. Discussion: Resolution in Support of SPAC and the Ballet PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Eastern Building & Restoration, Inc. – Visitor Center 2. Discussion and Vote: Authorization for the Mayor to Sign a Contract with L.G. White Casino Handicap Ramp 3. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Saratoga Youth Hockey PUBLIC SAFETY 1. Set Public Hearing: Capital Budget Amendment – Police Department Infrastructure 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Wheelabrator Hudson Falls, LLC 3. Discussion and Vote: Authorization for Mayor to Sign Contract with the County for Stop DWI 4. Set Public Hearing: Amend Chapter 175 of the City Code entitled “Property Maintenance” and Re- title Chapter 175 as “Summary Remediation” 5. Discussion: See Click Fix & Saratogian Headlines / Jefferson Terrace SUPERVISORS Joanne Yepsen 1. County Board Meeting 2. Landfill RFP 3. Public Hearing on Occupancy Tax Updated Law 4. Saratoga County Fair & Truth in Taxation Law 5. Parks & Trails NY 6. Safe Routes to School Funding Matt Veitch 1. RFP for County Landfill 2. Technology Committee 3. Occupancy Tax ADJOURN Page 2 of 15 City Council Meeting 7/17/12 July 17, 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 Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney ABSENT: Tim Cogan, 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 Woodlawn Oval PUCD Mayor Johnson opened the public hearings at 6:43 p.m. Mike Toohey, counsel for the applicant provided an update on this project. The Woodlawn Oval PUCD was passed in 1993 and working well since. They had the opportunity to acquire the 3 parcels in question. They are trying to bring this into the PUCD so it will be part of the green space requirement they have. They agreed to a 62% green space in 1993 and are currently at a little over 62%. If they add any additional structure, they will run out of space. They have no plans and no money to expand at this time. The land on the parameter has set back requirements. Page 3 of 15 City Council Meeting 7/17/12 Brian Nealon, CEO of Wesley stated they have no design for expansion of their property. The only thing they would do if they can find the resources is to rehab the existing oldest nursing facility building. It would be contained within the footprint and not add on. Mike Toohey advised even if they had plans to expand, they couldn’t because of the constraint with their green space. They are responsible for all land. Commissioner Franck confirmed that if they did expand or build it would be related to the nursing home. Mr. Nealon advised that is correct. Commissioner Madigan asked if a road is considered a structure and is they have any plans to build a road along those vacant lots. Mr. Nealon stated they don’t have plans for anything at this point. Mike Toohey stated there is no additional need for a road system. Most of the people who live there do not have cars. They have no plans for another road. Peter Loyola of 53 Van Dorn Street stated he recently bought property on Van Dorn and understands the need for Wesley. The zone change and PUD to commercial district concerns him. He is familiar with encroaching commercial into residential areas. He stated they are in excess of green space now. In regards to pavement, there is an allowable of 24.9% within the PUD which allows them to increase their pavement area. There is allowance for additional parking and additional access. Article 15 of their petition talks about the building structure. He would like tighter language to prevent pavement or access on to Van Dorn. He doesn’t want Van Dorn to become a through-way. He noticed over the years that the buffer planting could be upgraded for lighting. Other areas are not maintained. Matt Waterfield of 48 Van Dorn stated he bought this property because of location. He would hate to see it be developed and changed for commercial development. Keirsa Chapel of 42 Van Dorn Street stated she has lived there for 18 years. It has been a quite street and would like to see it stay that way. Her concern is when they have the resources their plans will change. Mark Chapel stated his concerns are what rezoning as commercial will present. What may happen when resources become available? They are also concerned with property value and traffic. Mr. Nealon thanked the neighbors for their comments. The green space works both ways; their residents enjoy it as do the residents on Van Dorn. They would be happy to have that space be forever green. They are comfortable with keeping the integrity of those lots. Mike Toohey stated they would be happy to amendment the petition to state the 2 lots on Van Dorn Street cannot be used other than as a pedestrian access to Van Dorn. It cannot be used as a parking area or a through street onto Van Dorn. Mayor Johnson stated for clarification on procedure of the amendment. Kate Maynard advised the language can be added. Peter Loyola stated this is a nice concession but would be more comfortable to see the language before they comment. Mayor Johnson asked the applicant if they have any time constraints that would not allow them to wait until the next meeting. Commissioner Madigan stated she doesn’t understand the complete urgency; if the properties are not going to change. Page 4 of 15 City Council Meeting 7/17/12 Mayor Johnson asked Mr. Toohey to draft the language and provide it to the Council when this item comes up on the agenda. Mayor Johnson closed the public hearing at 7:09 p.m. Zoning Ordinance Rewrite Mayor Johnson opened the public hearings at 7:09 p.m. Rick Fenton of 23 Lefferts Street and Casey Holsworth of 49 Park Street stated they are both with Sustainable Saratoga. Sustainable Saratoga sent a letter regarding their recommendations. It is a matter of updating the list of trees available to use in developments. Their proposal is to remove 3 species on various state lists as being invasive and adding species to provide flexibility in choosing the right tree for the right spot. They also propose including language relating to shrubs. Casey Holsworth stated this process would bring this list into current compliance. Matthew Veitch of 2 Casino Drive stated he is here to support the new version of the Zoning Code. He believes this is a much needed change. Prior to being elected as County Supervisor he was on the Zoning Board of Appeals. He remembers how difficult it was to understand the code and then to interpret it. They used to spend many hours debating the meaning of words and what sentences meant in the code. He has reviewed the changes and finds these changes make the code more clear and concise. Mayor Johnson closed the public hearing at 7:15 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:15 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 7:16 p.m. Phil Diamond of 29 Waterview Drive commended Commissioner Madigan for coming up with a resolution to support the ballet. The entire Council should support the ballet, arts, and SPAC. We should show our outrage for the reduction of the ballet or orchestra. The people who come to the ballet, arts, etc. stay at our hotels and eat in our restaurants. Others that come to SPAC use our resources such as public safety and our emergency room. Robert of Waterbury Street stated he came here today because it is the culture of society that is remembered throughout history. Instead of saving the ballet, we should save SPAC. He thinks SPAC has sold its soul to Live Nation. It is best to bring the audience up to a culture it doesn’t get all the time instead of dummying it down. The fine arts should be supported as much as possible. They should be looking for national and international sponsors. Tanglewood gets more attendees than SPAC. Dee Sarno of Rose Ridge Court read a note from Marsha White thanking the Council for their support regarding the NYC Ballet. Mrs. Sarno stated she also believes Saratoga Springs is fortunate to have the Page 5 of 15 City Council Meeting 7/17/12 NYC Ballet and the NYC Orchestra to consider it their summer home. This residency is important. She encouraged people to remember their experiences at SPAC. Rose Orapalo of 4 Joshua Road stated this property was stolen from her and lost control of this property. The criminal was sent to prison this morning. She and her attorney were not aware the assessments were not combined for the properties she owned. The taxes were paid current on the home but the lot in back was not. The back lot was auctioned with documented proof of fraud. She asked the Council to rescind the bid made on Saturday for the property behind the house. Leslie Kettlewell of Lafayette Street thanked the City Council for acting quickly regarding the ballet. Our community has a problem. She is upset that the ballet would go away. Her parents’ generation worked to create SPAC. This may be an opportunity to build upon the vision. Carlene Poster of Queensbury is here because of the children. Her school continues because of SPAC and the NYC Ballet. She has children that are chosen to perform with the ballet. She is here to say she hopes something can be done. David Christopher of 407 Greenwich Drive, Albany stated he is not a member of the community but has the upmost respect of the Saratoga Springs community. He appreciates the Council’s leadership in taking the step to consider this resolution. If we work together, the problems can be overcome. This community has an amazing sense of activism and community among the citizens of Saratoga. Lisa Acker of Saratoga Lake stated she was a costume director of the ballet in the 70’s and 80’s. To her and her family, the ballet is synonymous with the ballet. You can’t measure prestige. The arts have never been self sustaining. To allow the NYC Ballet to give up some of its time here would be a catastrophe of unknown cultural proportions. Mayor Johnson closed the public comment period at 7:44 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Scirocco seconded to approve the consent agenda as follows: 1. Approval of 7/2/12 Pre-Agenda Minutes 2. Approval of 7/3/12 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 7/06/12 $470,033.81 6. Approve Payroll 7/13/12 $425,923.01 7. Approve Warrant 2012 Mid – 12JUL1 $89,586.27 8. Approve Warrant 2012 Mid – 12 MWMAR3 $2,958,956.54 9. Approve Warrant 2012 Reg – 12JUL2 $1,060,252.00 Commissioner Scirocco clarified that in the 7/3/12 City Council meeting he meant to say Chapter 201 and said Charter 201. Commissioner Mathiesen made a correction to his statement regarding load zones. He said 9 a.m. and 3 a.m. and should have said 9 a.m. and 3 p.m. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Appointments to the Downtown Special Assessment District Board (12-232) Page 6 of 15 City Council Meeting 7/17/12 Mayor Johnson moved and Commissioner Mathiesen seconded to re-appoint Kathleen Smith, Harvey Fox, and Mike Ingersoll effective August 1, 2012 for a four year term. Ayes – All Mayor Johnson thanked them for continuing to serve. Announcement: Favorable Advisory Opinions from City Planning Board, Design Review Commission, Zoning Board of Appeals and County Planning Board on Revisions to Zoning Ordinance, City Code, and Subdivision Regulations Mayor Johnson advised they have been receiving favorable advisory opinions. He stated the Planning Board provided a favorable advisory opinion and has 9 recommendations for change to the Zoning Ordinance. The Zoning Board of Appeals has unanimously given a favorable advisory opinion; the Design Review Commission also voted in favor of the proposed changes to zoning; and the County Planning Board also stated they have no objections with the City moving forward. Announcement: Schedule of Vote for Local Law No’s 2 & 3 of 2012 – Zoning Ordinance, City Charter, City Code, and Subdivision Regulations Proposed Revisions Mayor Johnson stated when they first unveiled the changes they said they would be voting tonight, July 17th. All public comments and revisions must be sent in writing to Bradley Birge by the close of business, Friday, July 27th. On August 7th, he proposes the City Council discuss the proposed changes received by July 27th. The Council can then provide feedback of what they are or are not in favor of for the Planning Department. The final vote would be taken September 4th. Commissioner Madigan stated she submitted a change to the subdivision regulations regarding tree changes. Mayor Johnson stated the Council is also required to submit their recommendations in writing to Brad Birge. Discussion and Vote: Accept Donation for Summer Concert Series (12-233) Mayor Johnson moved and Commissioner Franck seconded to accept the donation in the amount of $500 from Ben and Jerry’s. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fresh for Summer Concert Series (12-234) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to enter into an agreement with Fresh in the amount of $300 from line A3517524 / 54172 for a concert date of July 22, 2012. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Sonny & Perley for Summer Concert Series (12-235) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Sonny & Perley in the amount of $300 from line A3517524 / 54172 for a concert date of July 29, 2012. Ayes - All Page 7 of 15 City Council Meeting 7/17/12 Discussion and Vote: Authorization for Mayor to Sign Agreement with Betsey and the Byegons for Summer Concert Series (12-236) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to enter into an agreement with Betsey and the Byegons in the amount of $300 from line A3517524 / 54172 for a concert date of August 7, 2012. Ayes - All Announcement: Solomon Northup Day Mayor Johnson announced the annual Solomon Northup Day will be held at the Visitor Center this Saturday, July 21st. Discussion and Vote: Authorization for Mayor to Sign Agreement with Dan Hubbs for Solomon Northup Day Celebration (12-237) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Dan Hubbs in the amount of $100 from line A3517544 / 5176. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Henrique Prince for Solomon Northup Day Celebration (12-238) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Henrique Prince in the amount of $500 from line A3517544 / 54176. Commissioner Madigan stated she has line 54716 for this one and the one before. Mayor Johnson stated he has 54176. Commissioner Madigan stated they will confirm later. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Cardinal Direction Landscape Architect, PLLC for Professional Urban and Community Forest Management Services (12-239) Mayor Johnson stated this is in regards to Phase II, the final phase, of the Urban Forestry Management Grant Program. The first phase was conducted by volunteers through Sustainable Saratoga. This contract is in the amount of $6,500 to complete the Urban Forestry Management Plan and includes review of existing urban tree regulation and policies; a summary of findings from the tree inventory; recommended maintenance and planting practices; and possible amendments to the City tree related regulations and policies. There were 2 items pending; one was verification from the DEC that they can use a portion of the grant proceeds for this and the other was a budget transfer. The DEC confirmed they can use the grant proceeds and the budget transfer has been completed. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement as described. Ayes - All Announcement: Status of Woodlawn Parking Garage Page 8 of 15 City Council Meeting 7/17/12 Mayor Johnson announced it will be substantially complete late this Friday afternoon. It will be continued to be worked on to be completed in its entirety. The grand opening will be deferred until the entire project is completed. ACCOUNTS DEPARTMENT Discussion and Vote: Woodlawn Oval PUCD SEQRA Determination (12-240) Commissioner Franck provided the Council with a copy of the proposed language (amendment) written by Mr. Toohey. Commissioner Franck stated at the May 15, 2012 City Council meeting, the Council voted to send the Woodlawn Oval PUCD map and text amendment to the City and County Planning Boards for an advisory opinion. The City Planning Board returned a favorable advisory opinion and the County determined it was not necessary for them to review as the proposed action is not a mandatory GML 239 referral. We had the public hearing earlier this evening; the next step is the SEQRA determination. He also read the amendment language to the application into the record as follows: 15a. That with regard to tax parcels 165.34-1-10 presently being 64 Van Dorn Street and tax parcel 165.34-1-4 presently being 66 Van Dorn Street, those parcels may not be developed to include a road, public road, parking area or driveway giving vehicular traffic access to Van Dorn Street. This is not intended to prevent the two parcels from being used as a sidewalk, public pedestrian access to the Woodlawn Oval PUCD. Commissioner Franck read through each question of Part 2 of the SEQRA short form and suggested the appropriate answer to the Council. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No. Project proposes addition of 3 parcels to existing PUCD boundaries. It does not involve physical changes to the project site. C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No. Current project does not involve physical changes to the site. Any future proposed changes would likely require additional review – for example a PUCD amendment and site plan review. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No. C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Comprehensive plan identifies parcels as MDR-1 (1-3.4 units/acres) and High Density Residential-3 (6.7 – 10 units/acre), and Urban Residential -1 zoning district. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Current project notes parcels proposed use as green space. Any future proposed growth, subsequent development are not known at this time. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? N/A C7. Other impacts (including changes in use of either quantity or type of energy? N/A D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Commissioner Franck stated based upon the analysis of the information provided and presented in Part 2 of the SEQRA Short Environmental Assessment Form, it is the City Council’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment. Commissioner Franck moved and Commissioner Mathiesen seconded to issue a SEQRA negative declaration for this action. Ayes - All Discussion and Vote: Woodlawn Oval PUCD Proposed Map and Text Amendment (12-241) Page 9 of 15 City Council Meeting 7/17/12 Commissioner Franck moved and Commissioner Mathiesen seconded to approve the map and text amendment for the Woodlawn Oval PUCD along with the amendment related to 15a read into the record under agenda item 1. Commissioner Madigan stated she is concerned because they don’t need the added green space and there is no plan to develop. She is not sure why they are being asked to do this. Commissioner Franck stated as City Assessor, whether they are in the PUCD or not, because they are a not for profit, they are eligible for tax exempt anyway. Commissioner Madigan commented that 1 of the 3 parcels is already tax exempt. Commissioner Franck stated that was correct. Commissioner Mathiesen stated he was under the impression they were looking for this minor change is because they are so close to the requirement of green space. Mayor Johnson stated he feels the amendment made takes care of the concerns of the neighbors. Ayes - All *** Commissioner Franck thanked Kate Jarosh, Public Safety, and Public Works for a phenomenal job on the 4th of July celebration. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for discussion regarding the proposed purchase or disposition of real property or securities; 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 involving a DPW employee at 8:15 p.m. Ayes - All The Council returned at 9:20 p.m. Mayor Johnson announced the City Council did not resolve anything in executive session therefore there is nothing to report publically at this time. FINANCE DEPARTMENT Discussion and Vote: Property Auction (12-242) Commissioner Madigan advised the auction was well attended and brought in proceeds of $878,000; amounts owed on these properties were $361,000 for a net of approximately $517,000. The total is subject to change. One of the high bids was $230,000 for 2 different parcels and the low bid was for $100 for a vacant parcel. She thanked all who were involved in the auction. Commissioner Madigan moved and Commissioner Scirocco seconded to conditionally reject all bids on property located on Doten Avenue; tax map #178.44-2-31.2. The revised tax map # is 178.44-2-8. This approval is pending the newly alleged property owner’s efforts to provide proof of title and to redeem the property for taxes, fees, and costs within 30 days from the date of the Page 10 of 15 City Council Meeting 7/17/12 auction which was July 14, 2012. If said owner fails to provide proof of title and documentation that they have secured payment within 30 days, then the City may offer the property to the highest bidder at the auction. All auction terms and conditions remain in effect. Commissioner Franck stated there is an issue here but we have time to vet this out because of the crime, etc. He is not going to support this because we have the 30 days based upon the vote last Friday. Commissioner Mathiesen asked if we will be contacting the person who put a bid on this property. Commissioner Madigan stated they will. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion: 2012 Finance Policies and Procedures Update Commissioner Madigan stated this policy is regularly reviewed and updated. Most changes were formatting issues. There is a new policy regarding notification in case of cyber security breach. Internal control policies were review by and worked on with the respective departments. Discussion and Vote: Budget Transfers – Payroll (12-243) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers; payroll which were distributed with the agenda. Ayes - All Discussion: Resolution in Support of SPAC and the Ballet Commissioner Madigan stated the 2013 season is going to be only 1 week. She has concern of losing the ballet at SPAC. It is part of the culture and vibrancy of Saratoga. If this resolution is acceptable to the Council, she would like to add a vote for the resolution. Commissioner Madigan read the following resolution into the record: WHEREAS, in 1966 the New York City Ballet Company and its Board of Director elected to inaugurate and maintain a “Summer Home” in the City of Saratoga Springs at the Saratoga Performing Arts Center, and WHEREAS, the Saratoga Performing Arts Center has become a significant component of the cultural, social and economic foundation of the City of Saratoga Springs, and WHEREAS, the New York City Ballet Company has provided 46 years of artistic excellence, cultural distinction, entertainment and joy for the Citizens of Saratoga Springs, NOW THEREFORE BE IT RESOLVED that the Saratoga Springs City Council hereby expresses its strong support for collaboration and cooperation between the Designated Representatives of the Saratoga Performing Arts Center and the New York City Ballet Company, a reaffirmation of their close ties, and the endorsement of a two week minimum Summer Residency for the New York City Ballet Company at the Saratoga Performing Arts Center. Mayor Johnson stated he will support this resolution. He has had discussion with SPAC representatives. Their concern is from a fiscal point of view; the most expensive ballet in the world. There will have to be a resolution and negotiation between SPAC and the ballet company. This is a re-affirmation from the City that we recognize the significance of the ballet company to the community. Commissioner Franck stated there is going to have to be money from outside sources to keep this going. He supports this. Commissioner Madigan agreed times are tough but the arts are worth supporting and finding funds for. The citizens of Saratoga Springs have great marketing ideas. She hopes we don’t ‘sell’ the name as the comment has been out there. This is a re-affirmation. Commissioner Scirocco stated it brings revenue into the community. He is going to support it. Page 11 of 15 City Council Meeting 7/17/12 Commissioner Mathiesen thanked Commissioner Madigan for bringing this up. It needed to be addressed. If you want a ballet here you have to go see it and support it. There isn’t as much awareness that the ballet is here. Commissioner Madigan thanked Dee Sarno, member of the SPAC Board, for coming tonight to talk to the Council. Commissioner Madigan moved and Commissioner Mathiesen seconded to add an item to her agenda to vote on the resolution in support of the ballet. (12-244) Ayes – All Commissioner Madigan moved and Commissioner Franck seconded to approve the resolution in support of SPAC and the NYC Ballet as previously read into the record and provided to the Council. (12-245) Ayes - All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Eastern Building & Restoration, Inc. – Visitor Center (12-246) Commissioner Scirocco explained this change order is for time extension for the asbestos removal and slate replacement at the Visitor Center. There is a $5,000 concession for the City. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign a change order with Eastern Building & Restoration, Inc. for a time extension with a credit of $5,000. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with L.G. White Casino Handicap Ramp (12-247) Commissioner Scirocco explained this includes the removal and replacement of the bricks and masonry, the removal and replacement of limestone coping, etc. The amount of this project is $116,000. DPW will remove the railings and restore them for a savings to the City of approximately $25,900. Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign a contract with L.G. White & Sons for the restoration of the Canfield Casino handicap ramp in the amount of $116,000. Commissioner Scirocco stated funding is in the capital account H3537112 / 52000 / 1165. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Saratoga Youth Hockey (12- 248) Commissioner Scirocco stated this is an annual agreement for the use of the concession stand at the Weibel Avenue Ice Rink in the amount of $450 for the month of July and August 2012 and $600 for September 1, 2012 through April 30, 2012. Monthly payments are due and payable to the City of Saratoga Springs on or before the first day of each month. Page 12 of 15 City Council Meeting 7/17/12 Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Saratoga Youth Hockey for the amount and dates as stated. Ayes – All ***Commissioner Scirocco stated he has been receiving calls from residents regarding water usage this year. He will be meeting with Tom Kirkpatrick, Water Treatment Plant Supervisor, to determine if they will be going to a voluntary water restriction. We have plenty of water. He will put a press release out with his decision. PUBLIC SAFETY DEPARTMENT Set Public Hearing: Capital Budget Amendment – Police Department Infrastructure Commissioner Mathiesen set a public hearing for Tuesday, August 7, 2012 at 6:55 p.m. Discussion and Vote: Authorization for Mayor to Sign Contract with Wheelabrator Hudson Falls, LLC (12- 249) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign the contract with Wheelabrator Hudson Falls, LLC for the disposal and destruction of illegal drugs and assault kits for the Police and Fire Departments not to exceed $1,300 and will be coming from lines A3143124 / 54720 and A3143414 / 54720. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with the County for Stop DWI (12-250) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign the contract with the County for the Stop DWI program. Commissioner Mathiesen stated the City participates in this every year. The County will distribute funds in the amount of $34,200 annually. Ayes - All Set Public Hearing: Amend Chapter 175 of the City Code entitled “Property Maintenance” and Re-title Chapter 175 as “Summary Remediation” Commissioner Mathiesen set a public hearing for Tuesday, August 3, 2012 at 6:50 p.m. Discussion: See Click Fix & Saratogian Headlines / Jefferson Terrace Commissioner Mathiesen reported there have been stories in the paper giving the impression that portions of our City have not been well protected. Our Police Department has things under control. They met at the Ford Center with Jefferson Terrace residents to discuss issues at Jefferson Terrace. We no longer have a grant that will allow us to post an officer there at all times. They encouraged residents to call with any complaints or concerns. SUPERVISORS Joanne Yepsen Page 13 of 15 City Council Meeting 7/17/12 County Board Meeting Supervisor Yepsen reported their meeting was held this afternoon. The next open community forum will be August 15th. People can come and speak on any issue. The next tax bills will have language regarding where the tax dollars go. They also have a booth at the fair to educate people on their tax money and created a new veterans’ committee. There were 10 speakers for their public comment period today; 7 on last call and 3 on Maplewood Manor. Landfill RFP Supervisor Yepsen reported they have finalized an RFP and put it out to the public. Public Hearing on Occupancy Tax Updated Law Supervisor Yepsen reported the public hearing is August 15th. Saratoga County Fair & Truth in Taxation Law Supervisor Yepsen reported they adopted the law on Truth in Taxation today. Also a booth is being set up at the fair by the County. They secured passes for homeless women and men veterans to go to the County Fair. Parks & Trails NY Supervisor Yepsen reported a note was sent out regarding a photo contest. There is a web site www.ptny.org to go to on this. Safe Routes to School Funding Supervisor Yepsen reported another round of funding is coming out. ***Commissioner Mathiesen stated his understanding was each county had to have a plan as to where their waste was going to go. He asked if the County going to be consistent with those assurances. Supervisor Yepsen stated when you privatize something it all ‘goes out the window’. Matthew Veitch RFP for County Landfill Supervisor Veitch reported the final RFP stated the trash will primarily come from Saratoga County but does not say it will exclusively come from Saratoga County. The final RFP was sent out today. The RFP is due November 8th and the final decision will be made December. Technology Committee Supervisor Veitch reported they are going to try an on-line agenda system. The company is located in Saratoga and will do the work at virtually no cost. They will be putting in a wireless internet for their laptops. Occupancy Tax Page 14 of 15 City Council Meeting 7/17/12 Supervisor Veitch reported this law was put forward today for the public hearing next month. The County law will change the percent of tax collected. The City has its own local law which will need to be changed to collect the 5%. 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 10:07 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 8/7/12 Vote: 5 - 0 Page 15 of 15