City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 7, 2002 6:30 P.M PRESENT: Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor (left at 10:00 p.m.) Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Debbie Harper, Deputy Commissioner Accounts Hank Kuczynski, Deputy Mayor Bob King, Deputy Commissioner, DPS Jeff Wait, City Attorney PUBLIC HEARING Local Law #2 -- Interlaken SAD Tony Izzo, Assistant City Attorney explained that this particular local law dealt specifically with establishing the framework for emergencies, such as natural disasters, in the Interlaken area. He said similar SADs have been set up at the Birch Run development and the Morgan Street Birch Run development. He said there was apparently some confusion with homeowners in that they thought this was for infrastructure needs. He again stated that this was for emergency situations only and not for infrastructure needs. He said one of the changes to the legislation since it last appeared before the Council on February 19 was that a two thirds vote rather than a majority vote of the HOA would now be required. Mayor Kenneth Klotz clarified that the purpose of the changes was to satisfy the concerns expressed at the February 19 meeting. Tony Izzo agreed. Commissioner Michael Lenz said this was for emergency services only and there is a specific not to exceed dollar amount. He said it was his understanding that this did not affect the HOAs annual budget. Mayor Kenneth Klotz opened the public hearing. John Goldberg, President of the Interlaken HOA, said this would have no impact on the dues paid by residents to the HOA. He said this was for emergency services only. Commissioner Stephen Towne asked how an emergency situation would be defined and who would do so. Tony Izzo said it was up to the Council to make that determination. Jack Whalen, 27 Sarazen Street, asked how much this would cost him. He said he has attended many meetings and has not yet heard a dollar amount. Tony Izzo said the language within this local law specifies that no part of the funds are to be used for normal maintenance issues. He said the Board of Directors of the HOA would specify the dollar amount. Page 1 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 John Goldberg said the necessary funds for this program would be derived from the annual budget. He said it would not cost the homeowners any additional money. He said at no time would the homeowners be assessed more because of this local law. Commissioner Michael Lenz said the funds from the HOA will be channeled through the City and returned to the HOA. There being no one else wishing to speak, Mayor Kenneth Klotz close the public hearing. Frank Sullivan Place Rezoning Mayor Kenneth Klotz said this is a public hearing on a revised petition from the August Group for a zoning text and map amendment that would change the zoning for five parcels on Frank Sullivan Place and Lincoln Avenue near the race track from the current designation as Urban Residential-2 to Institutional Horse Track Related district. He said several text amendments to various sections of the zoning ordinance include some for the institutional-Horse Track Related district. He noted the City Planning Board has issued a favorable advisory opinion on the revised petition and the County Planning Board has issued a determination of Ano significant County-wide/intercommunity impact@. Mayor Kenneth Klotz noted that a number of written comments on this revised proposal had been received including letters from Judith Schrade, 108 Nelson Avenue; Rose Tait, 164 Lincoln Avenue and the Marinos on Jackson Street. John Carusone, attorney representing the applicant, explained that this has been a lengthy process. He said originally they proposed a neighborhood district for the one square block, however, there were some concerns expressed and the entire project was reviewed again. He said they have now scaled back the project and at the suggestion of the Planning Board Chair, Lew Benton, have decided to include the affected area in the existing Institutional Horse Track Related District rather than creating a new one. He said after many, many meeting, they have now come up with a proposal that is acceptable to the wide majority of the residents in this area. John Carusone pointed out that the uses within this proposed district are for 90 days only. He said that Siros operates only during the racing season. He said the other uses such as office, entertainment, eating/drinking establishment, horse barns and outdoor seating are already existing uses. He said the approval of this legislation would allow Siros to make the necessary improvements to their parcel. He said if this legislation is approved, it simply allowed Siros to apply for a special use permit for any changes they wanted to make to that parcel. He said the applicant is fully aware that items such as traffic, noise, etc., would need to be addressed at the Planning Board. John Carusone reminded everyone that Siros has been operation for nearly 70 years and has grown along with the track. He said Siros is a small structure that needs to make some changes to meet their growing needs. Mayor Kenneth Klotz opened the public hearing. Robert & Kate Wimpfheimer, 142 Nelson Avenue, said he did not object to the proposal. He said he had lived at this parcel for nearly six years and Siros has been a good neighbor. He agreed that their operation has increased along with the track. He also noted though that the value of his parcel had increased because of the track. He said there are property owners who are opposed, but he supported this proposal. Page 2 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 George Hathaway, NYRA representative, said they have supported Siros efforts since the beginning. He said this proposal benefits NYRA by including additional parcels into the Horse Track Related District and those parcels will then become conforming. He encouraged the Council to approve this proposal. Andrew Farrell, 138 Nelson Avenue, said he supported this application. He said he had lived at this parcel for ten years and his property value has increased significantly. He encouraged the Council to support this proposal. Tim Donohoe, 125 Nelson Avenue, said this was a good project and he supported the proposal. Larry King, 126 Nelson Avenue, said everyone has worked quite hard and long on coming to this solution. He said this was a good solution and he encouraged the Council to approve the proposal. Tim Shoen, 136 Nelson Avenue, said Siros has been turning the music off by 9:00 p.m. on most nights. He said this was a good project and he supported the proposal. Ed Mook, 130 Nelson Avenue, said he supported this proposal even though it is more restrictive than the initial proposal. Dick Pollard, 132 Nelson Avenue, said he supported this proposal and asked the Council to approve this request. Don Nichols, 203 Union Avenue, said he did not believe the music was turned off by 9:00 p.m. He said he has called Siros many times and asked for it to be turned down or off but gotten no response. John McMahon, attorney representing Rose Tait, said she opposes this request. He said Siros had traditionally been a small Italian restaurant that has turned into something else. He said this is an entirely new operation. He said it is loud and boisterous and the people living around this area do not enjoy the loud noise. He said Siros should not be tied to the Institutional Horse Track Related district. He said he was also concerned that powers would be given to the Planning Board that should normally be set by the ordinance. He pointed out that Siros has no parking spaces available and they do not have any intention of creating on site parking. He said outdoor seating was another issue in there could be as many as 80 outdoor seats. He pointed out that Siros has deliberately ignored the laws of the City and they are now asking the Council to rubber stamp their business. He said he could not understand why the City would go out of its way to accommodate their request. Leslie DiCarolo, 2 Fifth Avenue, (partner with Joan Davis) and property owner of 20 Nelson Avenue, said she was concerned that their parcel was not included in the legislation because parcels on either side of her parcel had been included in the Horse Related District. Davis Mead, Siros owner, said he has been at Siros for 20 years. He said he has tried to be a good neighbor. He pointed out that Siros does not have any more seats now than it did 20 years ago. He said they did add the outdoor patio though. He noted that 150 parking spaces were lost when the sidewalks were installed, however, he has a relationship with NYRA to use a nearby lot. He said he has responded to neighbors= requests to turn down the music and he does not allow it to play after 9:00 p.m. except on opening day, Travers weekend and the Whitney weekend. He said this plan was the best solution for the concerns as well as meeting Siros needs. Shawn Sutton, 141 Nelson Avenue, said her husband has owned this parcel for nearly 35 years. She said they support this proposal. She said Siros and the track are an asset to the neighborhood. Page 3 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Rose Tait, 164 Lincoln Avenue, said on June 5, 1986, there was petition signed by 26 residents of this area complaining about Siros and nothing has changed since that time except there are more people. She said she called 17 times last year complaining about the noise. She disagreed that there was no outside amplified music. She said there is music at least six to seven times per week. She also pointed out that there is the morning seminar which uses a speaker. She informed Council members that Siros was fined by the State Liquor Authority in August 2001 and paid a fine of $3,500. She said this is a quality of life issue and she did not support this proposal. Clem Marino, 35 Jackson Street, said he moved to this area three years ago. He said he likes living in this area and bought his parcel with his eyes wide open. He said he was in favor of the proposal but didn=t agree that the changes should be for the whole district. He said he was concerned what might happen at the other parcels. He said he had no concerns with what was existing but did not want to see any expansion. He said he did not want to see Siros operate all year long. He said because he did not want to see the uses lead to year round uses he urged the Council to vote no. John Carusone said if there was another way for Siros to make the improvements to this parcel without going through this rezoning they would do so. He said this is not a large leap of faith. He said the Planning Board would review any proposals for this area very carefully and they can set many restrictions. He said it was clear to him this evening that the vast majority of property owners in this area supported this proposal. He said the most vocal opponent does not even live at her parcel. Rose Tait said her parcel has three apartments one of which she uses. She said she owns several pieces of property and she does stay at this parcel on Lincoln Avenue. She also noted that the restaurant operated without the benefit of a permit on Kentucky Derby Day. Ilsa Burns, 53 Jackson Street, said this is a residential neighborhood and wanted to keep it residential. She said she did not want all of the problems that came along with having Siros operate here. She said she would like some guarantee that Siros would only operate during the racing season. Robert Wimpfheimer said Siros has been a good neighbor and he would be worried if it was owned by someone else. He said this proposed zoning amendment will protect the neighborhood. He reminded everyone that these inconveniences are for six weeks only. He said he believed that the track season will increase, therefore, the Siros business will increase with it. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:45 p.m. PRIVILEGE OF THE FLOOR Supervisor Scirocco Supervisor Scirocco said at the April 16 meeting of the City Council, Robert Pasciullo asked a series of questions about the county=s investigation in a regional system that would serve Saratoga Springs as well as many surroundings areas. He said he had sent a letter for Robert Pasciullo to address those questions, but also Page 4 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 wanted to address the Council to make sure that Council members understood where he stood on this issue. Supervisor Scirocco said he believed that Saratoga Lake should be used as a water resource only as a last resort. He said the lake is an important recreational and tourism resource and he did not want to put it at risk. He pointed out that the City will now be more dependent on sales tax revenue and risking the lake would not be wise. He said he was also concerned about the safety of the lake as a reservoir. He said because of the September 11 attacks there is no where that is safe. He said if there was a terrorist attack on the lake it would take months to clean itself, while the Hudson River completely replaces its waters on a daily basis. Supervisor Scirocco said that Robert Pasciullo asked whether the City was ready to make the City taxpayers pay $17 million more in order to save Saratoga Lake. He said though the real difference was $10 million which could be addressed through state and federal aid. He said there is funding available for projects such as these. Supervisor Scirocco said he has not had access to the Barton & Lougidice report but was concerned with the numbers that were being discussed. He asked what the dollar cost to the average household might be. He said perhaps if the cost was only $10 per year to preserve the lake, then perhaps his constituents might be willing to pay that amount. He said he asked the County to provide a proposal for selling treated water to the City at a cost per thousand gallons that is reasonable. He said the information from Clough Harbor will be available by June and at that time the results of the County study and the City=s study could be compared. Margie VanMeter, League of Women Voters Margie VanMeter said she was here this evening on behalf of the League of Women voters. She said they are committed to the electoral process and wanted it to be easy for voters to vote. She said the election district lines should be drawn with clear lines, polling places should have accessible parking and the number of voters should be proportionate. She said the League of Women Voters would like to see the polling place remain on the Skidmore campus. She further noted that the courts have ruled that students may vote where they attend school. She said it was clear that the numbers would drop by about one quarter each year, but she also noted that they should increase by about one quarter each year. She said there was no reason to change the boundaries of the district. Margie VanMeter said she also believed that the new senatorial lines are not final until the court rules on them so it may have been premature on the City=s part to redraw their district lines. Andy Kirshenbaum, Skidmore Student President Andy Kirshenbaum said Skidmore students just heard about this election district lines yesterday. He asked the Council to look around to see the numbers of Skidmore students in attendance this evening. He said those numbers show that the Skidmore students are interested in the City and voting in this City. He said students should not be prevented from voting and by changing the lines and moving the machines seemed like an attempt to do so. He said the proposed district lines are simply not definable. He said there was also no grounds for changing the lines. He pointed out that last year there were 300 new voters registered in the Skidmore district and he guaranteed at least that much more again this year. He said he could not understand why Skidmore was incorporated into district 3. He said if the polling place was moved to the City Center it would simply be too difficult for Skidmore voters to get to. He said Skidmore students have been harassed by certain political parties and it needed to stop. He said this seemed like dirty politics. He said they only want their simple freedom and right to vote free from partisan politics. He asked that the voting booths be kept on the campus. David Bronner, City resident, said he did not believe that anyone was trying to disenfranchise voters. He Page 5 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 pointed out that the voting machines were placed in an inappropriate location at Skidmore and they needed to be moved a more suitable location which was more private. He said the argument that the students may have to travel a mile to vote was feeble. He said it was not their Aright@ to vote on campus. He said students would be better served to stand in lines at the polling places to see how the process really works. He said voting needs to be done in a dignified fashion and in compliance with the election laws. ACCOUNTS DEPARTMENT Vote B Interlaken SAD (02-112) Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to enact Local Law #2 of 2002, (Attachment A) a local law to create Special District #1 of 2002, to be known as the Interlaken Special Assessment District. Ayes all. Vote B Frank Sullivan District (02-113) Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to issue a negative SEQR declaration for the adoption of the zoning text and map amendments for the Frank Sullivan Place as proposed (Attachment B). Mayor Kenneth Klotz said he understood that there were some mixed feelings from the neighbors and he was sympathetic to the concerns expressed. He said, though, that this proposal provides a mechanism for the quality of life issues. He said he was glad to see that so many neighbors had become involved in this process. Commissioner Thomas Curley said he too believed that this was a quality of life issue and he would not support the proposal. He said he had been there and had seen the problems. He said that he would be willing to work with the applicant and the neighbors. He said there have been times when there are between 300 and 500 people at this location on a weekend evening. He said there is a parking problem in this area and the City needed to be more sensitive to the noise concerns. Commissioner Thomas McTygue said he was uncomfortable supporting this proposal when Commissioner Thomas Curley, who has the ability to enforce the noise ordinance, would not support it. He said there have been some serious problems in this area because of the drinking and it was time for the Department of Public Safety to get a better handle on this problem. He said, if necessary, cars should be towed. Commissioner Thomas Curley said they have been working with the applicant and neighbors and it is the responsibility of the tavern to be sure that people do not leave in a drunken state. He said the police department does make arrests. Commissioner Michael Lenz asked whether it was possible to move ahead with this proposal or should it be tabled. Commissioner Thomas Curley said it was his understanding that if it was defeated, the applicant would need to start over. Geoff Bornemann, City Planner, said the Planning Board has looked at this proposal thoroughly and explored all of the options that are available. He said the Council could send it back to the Planning Board for further review, however, suggested that the Council give then some direction. Commissioner Thomas Curley asked if the applicant had met with the neighbors. Geoff Bornemann said yes. Mayor Kenneth Klotz noted that many of tonight=s supporters did not initially support this proposal, but it appeared that through the many meetings an agreement was worked out. Lew Benton, Chair of the Planning Board, said the Board has worked diligently on this proposal trying to craft language that was acceptable to the majority. He said through this process, if adopted by the Council, Siros Page 6 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 will be required to obtain a special use permit and at that time, conditions could be set, i.e., hours of operation, etc. He said both the Board and the neighbors have spent many, many hours on this project. He said it was simply not possible to find a solution acceptable to all. He asked the Council to show some confidence in the Planning Board and approve this proposal. Lew Benton also pointed out that there is a noise ordinance. Commissioner Thomas Curley said the noise ordinance is not enforceable. Commissioner Thomas Curley said he was willing to meet with all the interested parties to try to resolve this issue. Commissioner Stephen Towne asked if the proposed changes to the ordinance would assist the Department of Public Safety in enforcing problems such as crowd control, traffic, noise, etc. He suggested that perhaps Commissioner Thomas Curley be given the opportunity to work this out with neighbors and return to the next Council meeting. Commissioner Thomas Curley said he would work with Rose Tait and others who were not happy with the ordinance and return to the next meeting. Rose Tait said she was not informed or invited to the many Planning Board meetings. She said she was willing to work with Commissioner Thomas Curley on this matter though. Tim Donohoe said he could not speak for all neighbors, but he had enough of meetings. He said they have spent countless hours on this proposal and there was a good deal of support from the majority of the neighbors. He pointed out that one minor change to this proposal could make it unacceptable to those who currently support it. He said they have worked hard on this matter and the Council should take action. John Carusone said he did not want to start this project all over again. He said if the issues could be worked out by the next meeting it would be acceptable to the applicant. Commissioner Thomas McTygue called the question. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to table this item and it be brought back to the next meeting. Ayes all. . Vote B Election District Lines (02-114) Debbie Harper, Deputy Commissioner, Accounts, said she had reached out to the Skidmore students. She said the election district lines are being redrawn due to the new senatorial lines. She also informed everyone that the City is limited to 24 districts because of the constraints of the amount of voting machines. She said the City owns 30 machines (28 old and 2 new). She said at this time there is no more money available in the budget to purchase machines. She said 28 machines are needed, 2 are for back up and those 2 are currently out for repair. Debbie Harper then reviewed the existing lines and the proposed lines. She explained that if there are more than 800 registered voters, there must be two voting machines. Debbie Harper said the registered voters in the Skidmore district were at approximately 900, however, there was a feeling that those numbers might be unrealistic. She said during voter education day, cards were mailed to Skidmore students with 377 of those cards being returned the Board of Elections. Therefore, the 900 number was reduced by 377. She noted that it was further likely that the registered number of voters at Skidmore would drop by 1/4 but then increase by a like amount in the fall. She said she believed the existing numbers were more realistic. Juan Martinez, Skidmore student, said if the Skidmore numbers were near 900 adding another district would push the number over the allowable amount. Debbie Harper said the City has applied for a temporary Page 7 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 extension to wait for a more firm number on registered voters. Debbie Harper pointed out that district #24 (Skidmore) has not been dismantled but rather it has been added to. Juan Martinez said it was not as easy for the Skidmore students to get to the City Center. He said if there are 600 registered Skidmore voters, it did not seem justifiable to disrupt 600 voters and make them go to the City Center. He suggested that the students should be consulted with before the lines are redrawn. Juan Martinez said it would be difficult for those students to ride the bus and cross the street in order to cast a ballot. Debbie Harper asked if the inconvenience of traveling outweighed voting. Debbie Harper explained that this must be approved by the Council at least four months before the primary. Therefore, it must be approved this evening. She pointed out that a new district was created last year with no discussion by the Council. Commissioner Thomas McTygue questioned why this needed to be voted on this evening. He said he was appalled that these lines had been redrawn in secrecy. He said that previous Commissioners consulted with Council members. He said he was also concerned that the democratic representative from the Board of Elections had not been involved in this process. Commissioner Thomas McTygue suggested that a motion be brought forth to purchase additional voting machines. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to adopt the resolution (Attachment C) which alters the election district lines and that the new polling place for District #24 be moved to the Saratoga Springs City Center. Mayor Kenneth Klotz asked what was the rationale for moving the polling place. Debbie Harper said the new voting machines are quite popular and it had been suggested by both the vendor and the Board of Elections that the machines be given greater exposure. Mayor Kenneth Klotz said he opposed this resolution. He said in fact it was common knowledge that this is simply a device to discourage the students from voting. He pointed out that up until January 2002, the democrats held the majority on the Council and there was no movement of polling places. Commissioner Stephen Towne said this was not done to discourage voters. He said the City Center is only about a mile from Skidmore. He said if this move was meant to discourage voters then the City Center location would not have been selected. He said the City Center is located on the Skidmore bus route. He said he believed that much was being made of nothing. Commissioner Thomas McTygue disagreed saying that this may disrupt other districts. He again suggested that the City buy more machines. Mayor Kenneth Klotz said he was concerned that the City may now be vulnerable to a law suit because of this move. Commissioner Thomas McTygue asked why Debbie Harper did not work with the democrats on this matter. Debbie Harper said this all happened quite suddenly. Jeff Wait, City Attorney, said state election law clearly states that districts must be in compact form and may not have more than 950 voters unless there is an exemption from the County. He said combining these two districts #24 & #3, could result in going over the 1150 maximum. He further noted that election law states Page 8 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 that redistricting needs to be done by February 15 except in the instance of lines being redrawn for senatorial alterations. He said if the senatorial line cuts through a district, the City may be required to alter that district, however, if the senatorial lines do not cut through a district then no changes are required. Jeff Wait said polling places may be placed outside of a district if there is no appropriate location available within the district. He said in this instance there is a location available within district #24 at Skidmore that is appropriate and convenient. Roll call vote: Commissioner Thomas Curley aye Commissioner Michael Lenz aye Commissioner Stephen Towne aye Commissioner Thomas McTygue nay Mayor Kenneth Klotz nay Motion carried. MAYOR=S OFFICE Military Heritage/NYS Military Museum Michael Cafee, Museum Director, said the military museum is more than 140 years old and has been looking for a home for quite a time. He said the collection begins with artifacts from 1863. He said much of their artifacts include Civil War era stuff. He said they hoped to be good neighbors in the City and will be looking for support from the City to help them succeed. He said the museum will be open seven days per week and there will be no admission charged. He said they will also begin working with local community groups and school groups. He said they would have a grand opening ceremony in the fall and all would be invited. Recreation Department B Approval of Ice Cream vending Linda Terricola said this contract is much like the soda vending contracts. She said a 20 percent commission would be realized which would go towards the skate park fund. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the ice cream vending contract with Gillette Creamery as presented. Ayes all. Recreation Department B Approval of Annual Carnival Linda Terricola said this is an annual event that is funded by the County Board of Supervisors. She said this event will be held on July 19. Linda Terricola noted that there is $1,000 budgeted in case it rains. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the contract for the carnival with Myers Fun Services. Ayes all. Recreation Department B Approval Camp Saradac Staff Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the hiring of Camp Saradac staff as presented. Ayes all. Page 9 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Recreation Department B Approval Assistant Parking Supervisor Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the assistant parking supervisor position as presented. Ayes all. Vote B Saratoga County Animal Shelter Services (02-115) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with the Saratoga County Animal Shelter Services as presented. He said the amount was $4,495.00 and was included in his budget. Ayes all. Appointments (02-116) Mayor Kenneth Klotz announced the appointment of Chris Bennett & Susan Bokan to the Design Review Commission and Melanie Dallas to the City Center Authority. CDTA Station Lane (02-117) Mayor Kenneth Klotz said this was brought to the Council at the last meeting but was delayed for voting until there was more information. Paul Male said these numbers including items such as lighting, sidewalks, curbs, etc. He said this will finish this project. Mayor Kenneth Klotz noted that there is match from CDTA on this project. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the agreement with CDTA for work at Station Lane as presented. Commissioner Stephen Towne asked about in kind services. Paul Male said initially they thought that DPW would be able to provide the in kind services, however, they will not be able to. He said the City Engineer=s Office could provide between $10,000 and $15,000 for in kind services. He said he hoped the numbers would come back lower from CDTA. He also noted that there was the possibility to get some funding back from property owners in this area. Commissioner Stephen Towne asked how much could be gotten from those property owners. Paul Male said he did not know. Paul Male said funding for this project was not necessary until 2003. Ayes all. Proclamation B Older Americans Month (02-118) Mayor Kenneth Klotz said there would be a proclamation forthcoming for Older Americans Month. UHA B Donation B Ben & Jerry=s Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the donation from Ben & Jerry=s in the amount of $250 for the Spa City Band Concert in July. Ayes all. Page 10 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Engineering Design Contract -- Washington Street Phase 3 & 4 (02-119) Paul Male said this project was the last piece of a larger project to provide both sanitary and storm sewer and upgrade substandard water lines in this section of the City. He said the City has $350,000 in the capital account for the project. He said the Engineering Department recently solicited proposals from Engineering firms to use as consultants on this project. He said they interviewed three of those companies and believed that Smith & Mahoney had the best scope for the project. Paul Male said Smith & Mahoney will design both phases of the project with the knowledge that the City may do only one phase. He said the cost to the City to use Smith & Mahoney is $63,000. Commissioner Michael Lenz clarified that the money in the capital budget is for phase 3. Paul Male agreed. He said it was the City=s intention to bid both phases and make the determination at a later date as to whether to proceed with both phases. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the project design phase for the Washington Street Phase 3 & 4. Ayes all. Oakridge Comprehensive Plan and Zoning Amendment Petition Mayor Kenneth Klotz said the City had received a petition from the Oak Ridge Development, LLC for a Comprehensive Plan map amendment that would change the designation of the petitioner=s property off of Dyer Switch Road from Low Density Residential to Medium Density Residential-1. Mayor Kenneth Klotz said the applicant is petitioning the City Council for zoning map and text amendments that would change the designation of their property from Rural Residential-1 district (single family home on two acre lots) to a new Suburban Residential 1.5 district (single family homes on lots greater than 1/2 acres but less than 1 acre). Mayor Kenneth Klotz said it was necessary for the Council to determine if it will accept these petitions for study and forward it to the Planning Board for an advisory opinion. Mike Toohey, attorney representing the applicant and Mike Ingersoll, The LA Group, appeared before the Council. Mike Toohey explained that the applicant is proposing a new, unique style neighborhood. He said they will incorporate the ACity in the Country theme@, thereby, making this a pedestrian friendly development. He said garages will be placed in the rear of the homes and much of the green space and buffering will be maintained. Mike Toohey said there are three designs for the neighborhood/homes and displayed those designs. He said they plan to create a core for the neighborhood. He explained that there are 206 total acres, however, they plan to utilize 100 acres. He said initially they considered a total of 200 homes but that has since been reduced to 150. He said approximately 48 percent of the area will remain green space Mike Toohey said they are proposing a limited density residential area. He said the lot size will be approximately 30,000 square feet with a mixed use type of community. He said that public utilities will be expanded. He asked that the Council accept the petition and forward it to the Planning Board for an advisory opinion. Page 11 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept the petition for study, and to forward it to the City Planning Board for an advisory opinion. Ayes all. City Hall Conservation Study David Kehler, student intern, submitted a study that he recently completed on emission reductions at City Hall. He specifically noted page 32 of the report showing his conclusions. He pointed out the no cost, low cost and high cost changes that could be done. He said it was likely that one more meeting between himself and the initial group of City Hall employees would be held in order to conclude this project. He suggested that if there were any questions, to contact him. Vote B Community Development Block Grant 2002 Activities (02-120) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the recommendations as presented for the Community Development Block Grant 2002 Activities. Ayes all. Easement Requests (02-121) Tony Izzo, Assistant City Attorney, said he had recently distributed a memo describing the three easements. He said these easements include one at 96 Catherine Street, Putnam/Henry Streets and Beekman/Oak Streets. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the agreements with the above noted property owners concerning the easements. Ayes all. Tribute B James Gold & Rich Martin B Design Review Commission Members Mayor Kenneth Klotz acknowledge the many years of service that both James Gold and Rich Martin have given to the City through their membership in the Design Review Commission. He commended them for their hard work and thanked them for their years of contribution. Building Department B Jeremiah Healy Contract Paul Male, City Engineer, said because of the season, building permit applications are coming in at a higher than normal rate. He proposed, that due to that increase, the City higher a part time building inspector. He said Jeremiah Healy had been used in the past by the City and he proposed the City approve a contract with him at the rate of $48/hour (previous rate of$45/hour). He noted that Jeremiah Healy will provide his own transportation and equipment. Paul Male said the funding for this position should come from the building inspection fee line. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to hire Jeremiah Healy at the rate of $48.00 per hour with the understanding that the funding for this position would come from the Mayor=s budget. Page 12 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Commissioner Stephen Towne asked about insurance. Paul Male said he would work with the insurance department to be sure that the appropriate liability issues were met. Ayes all. Engineering Department B Summer Intern Hire Paul Male said the Engineering Department would like to hire James Berrigan, summer intern, to assist their department during the summer months. He said the proposed rate was $10/hour and the funding would be covered by the site inspection fee line. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to hire James Berrigan at $10/hour as a summer intern. Ayes all. Spring Run Trail Bikepath (02-122) Paul Male said this project has appeared before the Council before and at this time he is recommending that we accept the proposal as submitted from DOT. He said this is the same proposal as before, however, the engineering costs are slightly higher. He said funds would need to be reallocated to pay for those costs. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the resolution for the Spring Run Trail Bikepath for the design phase of the project up to the maximum amount of $175,000. Ayes all. Chairman Hall=s Response to Mayor Regarding Water Study Mayor Kenneth Klotz said last month he wrote a letter to Chairman Hall, Saratoga County Board of Supervisors, concerning the water study. He said Chairman Hall has since responded an informed the City that their water study will take somewhat longer than originally anticipated. He said though that when the report it available it would be shared. Commissioner Thomas McTygue, noted for the record, that both the towns to the north of the City are not interested in participating with the City for this water source. Commissioner Thomas McTygue suggested that Supervisor Scirocco pursue the idea of some type of tax waiver from the county for these lines. Supervisor Scirocco said if the county owns the infrastructure the fees would be waived. Contract B Kathy Moran Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the contract with Kathy Moran for services to be provided at both the Zoning Board of Appeals and the Design Review Commission meetings. Ayes all. FINANCE Report and Vote B Accept list of bids from Tax Auction (02-123) Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to accept the list of parcels (Attachment D) sold at the recent auction held on April 27, 2002, except for parcel Page 13 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 167.-2-17.1 Pat Jamerson, from the audience, said a parcel was sold at that auction that was a small eight foot strip between him and an adjacent parcel. He said he had tried to work with the City on purchasing that piece. Commissioner Michael Lenz said these parcels were sold based on the recommendations of the Real Estate Committee. He said the difficulty seem to arise from the fact that the City was not aware that Pat Jamerson was interested. Commissioner Thomas McTygue suggested that parcel be pulled from the list. Commissioner Thomas Curley asked if some of the proceeds from the auction would be used to reimburse departments for the work that needed to be done at 49 Granite Street. He said his department spent about $600. Commissioner Thomas McTygue said his department spent about $2,400. Commissioner Michael Lenz said the departments would be reimbursed. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to amend the resolution to delete parcel 179.4-2-46. Ayes all. Ayes all. (Commissioner Thomas McTygue recused himself due to a potential conflict of interest from the next motion.) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the sale of parcel 167.2-2.17.1. Ayes all. (Mayor Kenneth Klotz left at 10:00 p.m.) ACCOUNTS DEPARTMENT Approval of March 14 City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 14, 2002, meeting minutes as written. Ayes all. Approval of April 16, 2002, City Council Meeting Minutes Commissioner Thomas McTygue said that he believed that Mayor Kenneth Klotz wanted to make some changes to those minutes and suggested that they not be approved this evening. Council members agreed. Approval of April 22, 2002, City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 22, 2002, meeting minutes as written. Ayes all. Vote B Interlaken SAD Previously discussed. Page 14 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Vote B Frank Sullivan Place Rezoning Previously discussed. Award of Bid B Tree Removal Service Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to approve the award of bid for tree removal service to Tree Care by Stan Hunt (lowest bidder). Ayes all. Award of Bid B Decorative Street Lights Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to approve the award of bid for decorative street lights to Warren Electric (lowest bidder). Ayes all. Name Change for Vendor B from Metroland Tire to Adirondack Hercules Tire Commissioner Stephen Towne announced that Metroland Tire has been purchased by Adirondack Hercules Tire Corporation. He noted that Adirondack Tire will continue to honor the contract 2001-36 (Tire Repair and Service). Election Districts Previously discussed. Approve Contract B Farbstein (02-124) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract with Laurence Farbstein for providing real property assessment and taxation consultant services for specialized certiorari matters. He noted that Jeff Wait, City Attorney had reviewed the contract. Ayes all. FINANCE DEPARTMENT Joint Land Purchase with Open Space Julia Stokes, New York State Parks & Recreation, said the Governor=s Open Space plan includes such items as the expansion of the state park down to the Kaydeross Park stream. She said recently a parcel of land (Sieman parcel, south of the park) had become available for sale. She said if this piece was purchased it would allow for canoe access from the park all the way down to the Hudson. She said the state has approached the Town of Malta and now the City in connection with purchasing this parcel. Julia Stokes informed Council members that at this time there is no funding in the state budget to make such a purchase and that is why they are approaching the Town, the City and the Open Space Project. She said if this parcel is purchased, the state would reimburse the Town and City when funding becomes available. She said in the mean time, though, the state would be willing to sign an operation/maintenance agreement with the City, pay for an appraisal, do the survey, etc. Alyane Ball, Open Space Project, said this is a very important project to all. She said the Open Space Project Page 15 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 is willing to assist in some of the funding. She said recently the City authorized spending up to $100,000 for the Ramsdill parcel, however, the Open Space Project was able to find additional grants to offset that cost and the City spent only $55,000 of the $100,000. She suggested that the City now use the remaining $45,000 towards this purchase. Executive Session Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 10:15 p.m. Council members returned at 10:30 p.m. Vote B Joint Land Purchase with Open Space (02-125) Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded that the Council appropriate $45,000 from surplus, which was the remaining balance from the sale of the Ramsdill parcel, and use those funds towards the purchase of the Sieman parcel. Ayes all. Approval of Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payment of the following payrolls: April 19, 2002B $343,343.23; April 26, 2002 B $303,523.53; and May 3, 2002 B $307,439.08. Ayes all. Approval of Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 1MAY - Warrant 2-34 General Fund $139,082.04 City Center Authority 11,026.61 Water Fund 13,806.92 Sewer Fund 1,004.91 Capital Project 117,131.94 Special Assessment District -0- West Avenue SAD -0- Trust Fund 1,161.25 Debt Service -0- Community Development 17,759.95 $300,973.62 MC020424 - Warrant 2-7 General Fund $222,826.04 City Center Authority 10,742.47 Water Fund 7,642.68 Sewer Fund 677.34 Capital Project -0- Special Assessment District 419.95 West Avenue SAD -0- Trust Fund -0- Page 16 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Debt Service -0- Community Development 8,000.00 $250,308.48 MC020501 - Warrant 2-3 General Fund $154,874.56 City Center Authority -0- Water Fund 5,528.68 Sewer Fund 2,841.84 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $163,245.08 Ayes all. Approval B Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget transfers as presented (Attachment E). Ayes all. Approval Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment F). Ayes all. Report and Vote B Accept List of Bids from Tax Auction Previously discussed. Resolution B Parking Fund (02-126) Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the resolution (Attachment G) in connection with the establishment of a City Parking Solutions Fund as presented. Ayes all. Bond Resolution -- Gilbert Road (02-127) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the bond resolution (Attachment H), as presented, in connection with Gilbert Road/Meadowbrook Road in the amount of $275,000. Roll Call Vote Page 17 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Commissioner Stephen Towne aye Commissioner Michael Lenz aye Commissioner Thomas McTygue aye Commissioner Thomas Curley aye Motion carried. Discussion & Vote Wise Financial EAP (02-128) Jim Flynn, Wise Financial Group, said he was proposing an opportunity for the employees of the City to allow them a wide variety of types of insurances that could be purchased through payroll deduction. He said there would be no cost to the City for the employees to participate in the Wise Employee Advantage Program. He pointed out that this does not include health insurance options. Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to allow Wise Financial Group to offer the Employee Advantage Program to employees of the City at no cost to the City. Ayes all. DEPARTMENT OF PUBLIC WORKS Donation B Two Baseball Dugouts Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation from Bonacio Construction Company for two new baseball dugouts at the Geyser Recreation Field in the amount of approximately $5,000. Ayes all. Utilities Clerk to grade 11 Step 2 (02-129) Commissioner Thomas McTygue said at the last Council meeting he appointed Lynn Zorn to the position of Utilities Clerk at Grade 11 Step 1 of the salary schedule. However, she in affect, received a pay cut. Therefore, Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to confirm the recent approval by memo that Lynn Zorn be moved to Grade 11 Step 2 of the salary schedule. Ayes all. Sale of Unscreened Compost Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded, that in order to avoid coming back to the Council repeatedly for approval of different prices for unscreened compost, that the Council approve variable price rates. Ayes all. Approval of Non-contract Option for Tandem Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for approval for the installation of a bolt spreader apron from the Viking Company in the amount of $1,684.00 for the tandem that was ordered off state contract. Ayes all. Approval of Engineering Invoices B Water Source development Page 18 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the two invoices from the engineering firm of Barton & Loguidice totaling $3,590.83 for copying documents for the water source development DEIS. Commissioner Stephen Towne asked if there would be more invoices. Commissioner Thomas McTygue said yes. He said these invoices were for copying only. Ayes all. Approval of Paving Equipment Rental Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the rental of the paving equipment from Pallette Stone (these prices are for this years paving season) as follows: pavement profiler with operator $3,900/per day trim machine with operator $1,500/per day 10' paver with operator $1,800/per day vibratory roller/no operator $ 500/per day Ayes all. DEPARTMENT OF PUBLIC SAFETY Police & Fire Proclamation Commissioner Thomas Curley reminded Council members that the first Monday in May had been proclaimed as police and firefighters day. He said it was a good opportunity to recognize both the police and firefighters of the City. Authorization for Mayor to Sign DWI Grant (02-130) Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to request authorization for the Mayor to sign the DWI grant and enter into a contract with the county to authorize payments. Ayes all. Authorization for Mayor to sign School Resource Officer Grant (02-131) Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the grant for the School Resource Officer. Asst. Chief James Cornick said this grant is available through the Justice Department. He said the school and the City have worked together in applying for this grant. He said this grant totals over $125,000 over three years and will require a $16,222 match which the school will pay. He said there is a requirement the position be held over for a fourth year and the school district is willing to pick up 75 percent of the cost in the fourth year. Ayes all. Authorize for Mayor to sign Universal Hiring Grant (02-132) Page 19 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 7, 2002 Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the Universal Hiring Grant. Assistant Chief James Cornick said this is a federal grant which would provide up to$25,000 (approximately 53 percent of the annual salary) for three years for a police officer position. He said there is a stipulation in this grant that the position be held over for a fourth year. Assistant Chief James Cornick reminded Council members that this was simply a grant application and there was no guarantee that it would be approved. He said if approved, it would not happen until 2003. Ayes all. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:50 p.m. Ayes all. There being no further business, Commissioner Michael Lenz adjourned the meeting at 10:50 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 20 of 20