City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JANUARY 21, 2003 6:30 P.M PRESENT: Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Christine Gillmett-Brown, Deputy Commissioner, Finance Debbie Harper, Deputy Commissioner Accounts Bob King, Deputy Commissioner, DPS Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARINGS Mayor Kenneth Klotz opened the public hearing on Zoning Amendments and the Subdivisions Regulations. He said this was a public hearing on a proposed set of zoning amendments that have been proposed by the Zoning Ordinance Review Committee. He said these amendments are intended to implement recommendations contained in the 2001 Comprehensive Plan. He said on October 1, 2002, the Council had a detailed presentation on these amendments. He said both the City and County Planning Board had issued favorable advisory opinions. Mayor Kenneth Klotz said he had received letters from John Stocki, representing William & Nancy McNeay, dated January 21, 2003; Ralph Berger, dated January 20; Margaret Pitney, dated January 23 and Larry Hamilton representing DA Collins. Commissioner Stephen Towne said both the subdivision regulations and the zoning amendments appear on his agenda this evening and it was his intention to not vote on them this evening. He said he hoped a vote would take place within the next two to four weeks. He said, though, there could be further discussion on these topics during his agenda. Mayor Kenneth Klotz said the companion piece of this process is the subdivision regulations and because they were so closely related they should be discussed together. Mike Welti, Chair of the Zoning Ordinance Review Committee, said the point of the public hearing was to hear from the public. He reminded Council members that a presentation had been made to them in October 2002 on these amendments. He then thanked the committee members and staff of the City for their many hours of work and the more than 20 meetings they have held. He said in October he also met with the Planning Board Mike Welti explained that the recommendations focused on three main areas: the outer district conservation areas, entranceways and special development areas. He said design guidelines have been developed for the entranceways and special development areas. He further explained that there are seven areas included in the special development areas. Mayor Kenneth Klotz said the role of this committee was to develop a zoning ordinance that was consistent with the Comprehensive Plan. He then opened the public hearing. Page 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 Commissioner Thomas McTygue asked if Mike Welti had received copies of the letters that had come in to Council members. Mike Welti said he had received some of them. Commissioner Thomas McTygue said he believed that some of the concerns expressed in those letters as well as the new articles should be addressed. Peter Lynch, attorney representing Gail Anderson, said she owns 100 acres in a special development area along Weibel Avenue. He said he was particularly concerned about the defects in the SEQR process. He noted that in 1999 the zoning ordinance was enacted pursuant to the comprehensive plan. He said there was then a draft comprehensive plan in April 2001 and the final was adopted in July 2001. He said at that time the special development area along Weibel Avenue was deleted and there was a negative SEQR determination. He said the Council should revisit that SEQR process and rescind that negative declaration. He explained that the special development area allowed for the potential development of an office park or high density residential area, but the new plan deleted it without any discussion or reason. He said the comprehensive plan from July 2001 is the basis for this zoning ordinance. He noted that the current zoning ordinance SEQR process states that there will be no impact. He said there needed to be a more substantive analysis and the Council should review the 1999 document. He said that in July 2001 there were goals set for sustained economic growth while balancing open space and that could be achieved by leaving the special development area along Weibel Avenue. He noted that the July 2001 plan calls for meeting a variety of housing needs through diversity of land use. He said deleting a special development area is contrary to that vision. He said that while a negative SEQR was determined there was in fact a huge impact. He said the SEQR process also considers the social and economic impact. He again asked the Council to rescind the July 2001 negative SEQR determination adopt a positive determination that would open the door for a full blown impact statement. He said his client believes that her parcel is zoned appropriately and she was willing to discuss this issue with the City. He said if the Council continues to move forward with the process it will not be in compliance with the SEQR regulations. John Stocki, attorney representing William & Nancy McNeary, said he agreed with Peter Lynch=s assessment on this matter. He said he believed the SEQR process had been segmented. He said the comprehensive plan and the zoning ordinance are intricately connected and must be reviewed concurrently. He said the Council used to follow the SEQR process. He said this is a massive zoning amendment and the conservation district will affect more than 7,000 acres. He said this should be reviewed under the EIS process. He said it was almost illogical that the Council had gotten to this point without an EIS. He requested the Council take a step back and do a full EIS. He too agreed there were inconsistencies with the affordable housing issue. He also agreed that the SEQR process looks at more than just land issues. He said he was glad the Council was not prepared to vote on this matter this evening and he would make himself available to discuss his client=s concerns at any time. Lou Schneider, 5Vallera Road, said this study area consists of approximately 200 aces. He said areas of concern/interest on this project include traffic issues. He noted that in January 2002 the City obtained a grant for $25,000 from CDTC to complete a study of this area. Lou Schneider said the intent of that study is to encourage public discussion that would lead to a consensus on appropriate land use for this area. He said this will be achieved through a series of workshops, public meetings and a charette. Lou Schneider said a request for expressions of interest for a consultant to conduct this study was recently advertised with a February 15, 2003, deadline. He said the committee anticipated a five month deadline after hiring the consultant. Lou Schneider said the advisory committee proposed that it would be inappropriate for the City to permit development of any kind or to enact modification to the City=s Zoning Ordinance for property within the Weibel Avenue/Gilbert Road study area before they have an opportunity to complete the study. He suggested that the Council deliberate on the recommendations with the exception of the property within the Weibel Avenue/Gilbert Road Study area and that the Council enact a nine month moratorium on construction in that area. He further noted that the moratorium was not intended to impede any further action on Bill Morris= property because he has already received the appropriate and necessary construction approvals. Sonny Bonacio, Bonacio Construction, said he had some basic concerns with the use of the word Amandatory@ for clustering in the conservation development district. He said it would change the character of neighborhoods in developments such a Meadowbrook. He said clustering works in some areas but not others and then gave a detailed review of the amount of land that could be lost due to wetlands, slopes, Page 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 infrastructures noting that a 50 acre lot could be reduced to 10 lots. He said he did not believe it was the intention of the Planning Board to be that restrictive. He said he also had specific concerns with the preservation of existing vegetation patterns. He said it could be extremely difficult to avoid existing vegetation patterns during construction. He said there was also concern about the open space pocket areas and who exactly would use and maintain them. He noted that in large open space areas the land is more apt to be used. He said his employees recently came across a homeless man living in one of these pocket parks near one of the schools. He said having an HOA oversee pocket parks is extremely difficult because it is very cumbersome to set up an HOA. Sonny Bonacio said he had some concerns with the height, mass, roof line, etc. issues. He said if there are specific details stated in the zoning ordinance, the building inspector will interpret it literally and eventually all of the buildings will look the same and then variance process will become overburdened. He said the building inspector should not be involved in the architectural design and it should be the preference of the homeowner as well as what is appropriate for the neighborhood. He noted that he also had some concerns about fence heights, materials, etc. He asked that the items that he mentioned be reviewed again prior to adoption of the ordinance. Jeff Pfeil, Chair of the Comprehensive Plan Committee, said the Zoning Ordinance Review Committee had done an admirable job and the document was about 95 percent reasonable. He said there are a number of small, detailed issues that need to be looked at again though. He said he too was concerned about the SEQR issues and recommended that the Council engage an outside attorney to review the SEQR compliance concerns. He said that he believed this would be a very good document with just a little more time to review and study the concerns. Bob Israel, developer, agreed the five percent of the document that had concerns should be reviewed. He said Saratoga Springs was built and thrives on its classical architecture, the centralized business district and the transition from the City to the Country. He said in the 1970s the City was near its worst with vacant buildings. He said during the1980s and 1990s there came risk takers who renovated those structures and then those risk takers were joined by others who had money to construct new buildings such the Masie Center, Pfeil building, The Mill and the Franklin Square project. He said the problem now was to maintain and preserve the quality of life. He said those things that attracted them to the City are now in jeopardy of being lost. He said most Saratogians do not want urban sprawl. He said there needs to be compatible, gridded, walkable neighborhoods and the new zoning ordinance allows for that. He said he also believed that most Saratogians will not believe the concerns expressed about limitation of affordable housing. He said those items have been discussed and addressed in this new ordinance. He said the City needs sustainable growth and conventional wisdom is not enough at this time. He urged the Council to adopt this zoning ordinance. Lew Benton, 29 Thoroughbred Drive, Planning Board chair, said the Planning Board unanimously recommended these amendments to the Council. He said the Planning Board would have benefitted from amendments such as these during their recent review of the exit 15 proposal. He said they struggled with that project because of the lack of specificity in the ordinance. Lew Benton said the Planning Board currently has significant discreet authority and he was concerned that the Board was a quasi legislative body. He said the treatment of the seven distinct districts being shrunk into three with the more specific guidelines would be a significant assistance to the Planning Board. He said the proposed design of the gateways will benefit this community and he encouraged the development community to participate by offering suggestions on those items that are troublesome. He disagreed that the Council was embarking on a flawed SEQR process. He said he did not believe the Council would be irresponsible if proceeding with the proposed recommendations. He said he served on the County Planning Board for more than 20 years and he could speak to the practical application of the SEQR process. He encouraged the Council to review the proposal and work with the Planning Board on the areas that they find troublesome. He said that the Zoning Ordinance Committee could then address those areas. He said he would work with developers such as Sonny Bonacio and chair of the committee Mike Welti to assist in crafting a document that could be embraced by the community. Bill Healy, 5 Victoria Lane, said he owns property along Weibel Avenue and he has concerns. He then distributed a list to the Council of those concerns. Teresa Capazzola, Gilbert Road, said she would like to specifically address the Anderson parcel. She saidthat parcel was zoned as a special development area and is now proposed to be changed to the conservation Page 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 development district. She said one provides for high density residential while the other is for two acre zoning. She said the zoning of this parcel was not changed during the comprehensive plan review with no discussion, but just the opposite. She said there was much discussion. She said it was also noted in those discussions that this area should be reviewed. She said it was important for the Council to understand that this area had always been zoned for low residential use until the last comprehensive review where it was then changed to a higher density. She said she believed it was changed because at that time the City wanted to promote economic development. She said by changing this to conservation development it was only going back to what it already was at one time. She noted that much of this parcel is wetlands as well as being a gateway to the City. She said this particular parcel deserves special attention. She said she was concerned about traffic if a higher density use was allowed and encouraged the Council to keep this parcel designated as a conservation development district. Alayne Ball, Open Space Project, said there was quite a bit of compromise that took place during the last comprehensive plan review. She said the focus of that review was on creating new development opportunities without really looking at the preservation of the community character. She said a lot of barriers for developers were removed and the process was streamlined. She said that review did not address these special areas such as the downtown and the gateways. She said this new ordinance does address those areas. She said it was her belief that conservation districts and clustering were essential to what the City was looking for. She said if Saratoga Springs is allowed to continue to build out, it will no longer be a special place. She said growth needs to be attractive and economically viable for the City. She said the consensus of the community is that Saratoga Springs is a special place and this zoning ordinance will allow that to continue. Mike Ingersoll, 5 George Street, said he was concerned abut a few things in the ordinance. He said the City was recently cited in the New Urban News about the way this City attracts people and businesses. He said clustering is not a new idea and he is not opposed to it, but he was opposed to mandating clustering. He said it cuts against the grain of what Saratoga Springs is all about. He said in this document on page four the definition for Ashall@ means Amandate@. He pointed out that if this ordinance had been in effect when such parcels as the Franklin Square project had been constructed, much of the material (stucco, EFIS, etc.) on that building would not have been allowed. He said the ordinance should not be bogged down with minutiae. He said he was also concerned with the 20 foot wide roadways. He said wetlands were being discounted as having no merit, but he believed there was more positive than negative value to wetlands. He said they should be looked at on a case by case basis. He said he was also concerned about the height restrictions going from 70 feet to 4 stories. He said some details should be left to the developer and not the City. He urged the Council to thoroughly review this document before adopting. Tom Frost, architect, said he too was concerned with the details in the ordinance. He said the new guidelines included are really restrictions. He pointed out that the detail was so specific as to note that tree species must be consistent on every block. He pointed out that sliding windows will not be allowed on the front facade, no composite materials are allowed, no roof sloped under 5:12, no openings wider than it is tall. He said the Victorian guidelines make sense but they have been turned into restrictions. He said the entire design process is subjective and the City could end up with buildings that all look the same. He said under the current guidelines, the City could end up with bad and good buildings but that was process. He said if we want all the same, we should move to Disneyland. He said he believed that this ordinance was doing a disservice to those who are trying to develop this community. Barbara Glaser, 110 Spring Street, said residents have worked hard to champion the downtown area and to preserve the entrance ways and that is why this is the City in the Country. She said Saratoga County is the second fastest growing county in the state and if the City was going to retain the character, ordinances such as this need to be implemented to preserve and protect the city. She said it is important to look at the minutiaebut this was a good and appropriate document. She said in the fall there was a mandate from the community to preserve the open space. She urged the Council to adopt these regulations. Mike Welti said the committee has completed their work, however, there could be areas where there are legitimate concerns that could be addressed. He said the committee did receive a great deal of public comment. He pointed out that the Weibel Avenue concerns were really Gilbert Road concerns. He said there Page 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 was quite a bit of discussion on that area. He said the proposed rezoning was consistent with the master plan and the goals of the community. He said the City needs to focus on development of the core and not the peripheral. He pointed out that the RR-1 areas are where the new conservation districts will be located. He also pointed out that they specifically recommended a study of this area which is now underway. He said it was important that study be completed before the Council makes a determination on that area. He said it appeared there could be some legitimate concerns with the specificity of the language in the architectural design areas and perhaps it should be reviewed again, but he noted though that they are only guidelines. He said this zoning ordinance was really geared toward those developers who do not normally work here. He also noted that there are currently many mandates in the exiting ordinance on two acre lots, road frontage, setbacks, but it was determined by the Comprehensive Plan Committee that it was not giving the City what it wanted. He said this ordinance gives the Planning Board the flexibility to waive requirements. Commissioner Thomas McTygue asked if there was any objection from Mike Welti to discussing the concerns expressed by Sonny Bonacio, Tom Frost and Mike Ingersoll. Mike Welti said he would meet with those individuals if Commissioner Thomas McTygue would set up the meeting. Commissioner Thomas McTygue said he was concerned abut the 20 foot wide roadways. Mike Welti said those dimensions were for rural communities. Commissioner Thomas McTygue pointed out that developments such as Regatta View have problems with the amount of snow that fell this year. He said he would rather see wider roads. Commissioner Thomas McTygue said he would like to attend these meetings also. Commissioner Thomas Curley agreed the proposed width of the roadways might be too narrow for public safety vehicles to maneuver. He said he also had some concern with the height of walls in parking garages. Bill McNeary said he owns property within one of these districts and he strongly opposed cluster development. He said this does not work in residential areas and he would never allow cluster development on his parcel. Mayor Kenneth Klotz said it appeared that there was enough interest from Council members that perhaps there should be a workshop. Commissioner Michael Lenz agreed. It was agreed that a workshop would be set. Mayor Kenneth Klotz then closed the public hearing. MAYOR =S OFFICE Weibel Avenue/Gilbert Road Study Area Moratorium Proposal: Vote to accept for study and refer to the Planning Board Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to accept the Weibel Avenue/Gilbert Road Study Area Moratorium Proposal and to refer it to the Planning Board for an advisory opinion. Brad Birge, Community Development Coordinator, said both the City and County Planning Boards should review this proposal and he requested that a public hearing be set for March 4 on this matter. He said once the consultant is engaged, there will be a five to six month review of this area. Commissioner Stephen Towne noted that because the funding for this project was through CDTC, the normal purchasing guidelines do not apply. Brad Birge explained that once the respondents have replied to the Request for Expressions of Interest, the committee will review and evaluate their proposals. He said they will follow the federal guidelines. Commissioner Stephen Towne asked if Brad Birge had spoken to Harry Bucciferro. Brad Birge said yes. Ayes all. Fasig Tipton Zoning Map Amendment B Vote to Accept the Petition for Study and Refer to the Planning Board Page 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 Mayor Kenneth Klotz said the City had received a petition from the Fasig Tipton Company for a zone map amendment that would change the zoning of their property at 141 George Street from Urban Residential-3 to Institutional Horse Track Related District. He said this property is approximately .15 acres in size and it also included a small portion of Fasig Lane. He said the Council must decide if it will accept this petition for study and then forward it to the Planing Board for the required advisory opinion. Jim Cox, attorney representing the applicant, said the one neighbor that will be affected by this change supports this expansion. Mayor Kenneth Klotz moved to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. State of the City Address B Announcement Mayor Kenneth Klotz announced that the State of the City Address will be presented on Saturday, January 25, at 3:00 p.m. at the Arts Center. Executive Session Mayor Kenneth Klotz requested an executive session to discuss the multi use recreation facility. Council members agreed. Real Estate Committee B Approve sale of portion of Fasig Lane Alley (03-002) Jeff Wait said there is a small parcel of land that the adjacent property owner has requested to purchase. He explained that the alley dead ends at Fasig Tipton and they wish to incorporate that small portion adjacent to their parcel into their parcel. He said the Real Estate Committee reviewed this request and they recommend that the Council approval the sale of this small parcel to Fasig Tipton in the amount of $1,000. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the sale of the small parcel of land to Fasig Tipton in the amount of $1,000. Ayes all. Saratoga Springs Preservation Foundation Training for Design Review Commission Members B Contract (03- 012) Mayor Kenneth Klotz said this year the City had obtained a grant from the NYS Office of Parks Recreation and Historic Preservation which will allow the City to run a series of training workshop on how best to preserve historic properties. He said the Council approved the acceptance of this grant on November 4, 2002. He noted that the Design Review Commission recommends that the City contract with the Saratoga Springs Preservation Foundation to organize these training workshops. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a contract with the Saratoga Springs Preservation Foundation in an amount not to exceed $7,500. Ayes all. West Avenue Order on Contract #6 (03-013) Paul Male, City Engineer, informed Council members that on July 16, 2002, the Council approved resolution 02-183 for Order on Contract #6 for a number of items of work for the West Avenue project. He said subsequently, NYSDOT informed him that the numbers submitted to the City were incorrect and needed to be increased. He said as a result, this was not paid last year. He said he had recently received information NYSDOT on the new numbers. He said he had circulated a memo to Council members on the specifics of those numbers. He explained that City=s share totals $134,268.52 rather than the previous reported number of $111,689.54. Page 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to rescind Council resolution #02- 183 previously approved on July 16, 2002. Ayes all. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve Order on Contract #6 as discussed this evening with the dollar amounts as listed in memorandum dated January 16, 2002. Commissioner Michael Lenz noted that this additional dollar amount of approximately $22,000 was not included in the bond resolution which will appear on his agenda. He said that bond resolution will need to be amended at a later date. He said it was also his understanding that the West Avenue SAD will pay for half of this increase. Paul Male said yes. Ayes all. West Avenue Resolutions (03-014) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the West Avenue resolution submitted to the City by NYSDOT for the betterment amount of $104,294.18 and for the City =s share of the construction amount of $119,897.38. Ayes all. ACCOUNTS DEPARTMENTS Approval of City Council Meeting Minutes B January 7, 2003 Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the January 7, 2003, City Council meeting minutes. Ayes all. Water=s Edge/Woodlands PUD Amendments B Set Public Hearing Commissioner Stephen Towne said the City had received the required advisory opinion from the City Planning Board on the zoning text amendments for the recreation area on Arrowhead Road in the Water=s Edge/Woodlands Planning Unit Development District. He said it should be noted that the Planning Board has recommended revisions in the original proposed wording. Commissioner Stephen Towne then proposed that the required public hearing on these revised amendments be held on March 4, 2003 at 6:50 p.m. and that the amendments be forwarded to the Saratoga County Planning Board for the required advisory opinion. Zoning Amendments & Subdivision Regulations B Discussion Commissioner Stephen Towne noted that this matter had been previously discussed this evening and it was agreed that there would be a workshop scheduled. Mayor Kenneth Klotz said there were a lot of good issues raised this evening and there are some legal issues that he will ask the City Attorney to review Certiorari Matters B Inform Commissioner Stephen Towne said he was pleased to announce the voluntary withdrawal of 1998 & 1999tax certiorari proceedings filed by JJ Morell/Allstar Dealership. The tax refund savings regarding this withdrawal is in excess of $15,000 (including school and county taxes). The withdrawal is the result of discussions between the property owner, myself and my defense team of Farbstein & Dorsey. He said that City had 12 tax certiorari cases or Article 7 cases to defend this year. He said the total tax refund savings for those cases is Page 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 approximately $1.4 million (20 percent or $300,000 was for City taxes). This figure was exclusive of applicable interest. The legal and appraisal fees were modest as compared to what would have been expended to pursue this further in trial. Local Government Records Management Improvement Fund Grant Application B authorization for the Mayor to sign (03-015) Commissioner Stephen Towne said Nancy Wagner had been working with the Engineering/Building Department on applying for a non-matching grant from the Local Government Record Management Improvement Fund, sponsored by the New York State Archives and Records Administration. He said she is proposing to purchase software which would be used to develop a centralized database of all activity and information relating to a parcel of property including building permits/inspections, zoning variances, ownership information, tax map information, etc. He said this project will result in increased efficiency in the permitting process and will enhance service to property owners. Nancy Wagner said this was a result of many discussions with the Engineering Department to index their files in their department. She said if this grant is obtained, it will fund the hiring of a data entry clerk and the purchase new software. She said a centralized data base would be maintained through this funding. She said the total anticipated cost is $14,291 which the bulk is for software and initiation. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign an application to compete for a non-matching grant from the Local Government Record Management Improvement Fund in the amount of $14,291. This funding will be used for the purchase of software and employing personnel to complete the work. Ayes all. FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: January 10, 2003 B $379,283.81 and January 17, 2003 B $352,784.44. Ayes all. Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the following warrants 4DEC02 -- Warrant 2-24 General Fund $129,317.77 City Center Authority 23,160.68 Water Fund 13,465.55 Sewer Fund 1,651.44 Capital Project 7,455.09 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 11,136.02 $ 186,186.55 2JAN03 - Warrant 2-10 General Fund $ 279,556.42 City Center Authority 14,909.17 Water Fund 7,293.61 Sewer Fund 4,213.26 Page 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 4,000.00 $ 309,972.46 MC020115 - Warrant 2 -89 General Fund $ 44,326.73 City Center Authority 320.45 Water Fund 7,427.29 Sewer Fund 763.80 Capital Project 1,519.65 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 17.75 $ 54,375.67 MC030115 - Warrant 2 - 3 General Fund $ 18,759.39 City Center Authority -0- Water Fund 96.43 Sewer Fund 385.71 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 19,241.53 Ayes all. Approval B Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget transfers as presented (Attachment A). Ayes all. Approval Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. 2003 Bond Resolution B Approve (03-016) Commissioner Michael Lenz said the proposed bond resolution had been distributed with the agenda. He said this was for work done at Station Lane, an aerial ladder truck and a tandem dump truck. He said this does require a four fifths vote. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the bond resolution as previously submitted (Attachment C). Page 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 Mayor Kenneth Klotz clarified that this was to fund projects included in the capital budget. Commissioner Michael Lenz said yes. He said he would amend this bond resolution at a later date to allow for the previously discussed West Avenue change order. Commissioner Stephen Towne asked about the in-kind services to be provided by the City. Deputy Commissioner Christine Gillmett-Brown said it would come from the engineering department. She said initially it was thought it could be provided by DPW, however, Commissioner Thomas McTygue has determine that his staff does not have the time to do so. Aye all. Capitalization Policy B Vote (03-017) Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to adopt the capitalization policy as distributed (Attachment D). Commissioner Michael Lenz said there had been quite a bit of discussion on this matter and the dollar amount for items to be included in the capital budget had been reduced to $10,000. He said Geoff Bornemann was able to find previous correspondence from 1990 where $10,000 seemed to be the agreed upon dollar amount. He said it would be most helpful to have an established policy for capital projects/items. Commissioner Thomas Curley said he was glad to see the dollar amount had been reduced. Commissioner Stephen Towne asked about vehicles to be funded under the general budget. Commissioner Michael Lenz said in some cases, vehicles do not have a useful life of more than five years. Ayes all. Approve Increase in Ceiling for Part-Tie Employees Commissioner Michael Lenz withdrew this item from discussion. Executive Session for Personnel Matter Commissioner Michael Lenz withdrew this item from discussion. DEPARTMENT OF PUBLIC WORKS DEIS B Schedule Public Hearing Commissioner Thomas McTygue said the public hearing for the Water Source Development DEIS had been scheduled for March 6 at 7:00 p.m. in the Music Hall at City Hall. Cost of Snow Storms B Informational Commissioner Thomas McTygue said his office recently received e-mail from Senator Schumer=s Office asking for information from the City on the cost for the recent snow storms. He said they intend to provide that information and perhaps there could be some reimbursement from the state. Carousel Volunteers B Thank You Commissioner Thomas McTygue said it was appropriate to thank the volunteers who worked at the carousel during the summer, so he recently held a luncheon, which he paid for and presented those volunteers with a token of his appreciation. He said he then discovered afterwards that the Accounts Department would not process the voucher in the amount of $127.00 for those gifts. He reminded Council members that these Page 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 volunteers saved the City thousands of dollars and it was appropriate to thank them. Commissioner Stephen Towne said it was important to understand it was not a subjective determination to not process this voucher. He said the City=s purchasing guidelines do not provide for such purchases, therefore, he looked to the state comptroller=s guidelines and they too are silent. He said the City is no less appreciative of their donation of time and agreed that the carousel has been a great success due in part to those volunteers. However, he noted there were many other volunteers throughout the City (Zoning Board of Appeals, Planning Board, Design Review Commission, etc.) who volunteer many hours. Commissioner Thomas McTygue asked if he needed Council approval for his donation of gifts to these volunteers. Commissioner Stephen Towne said no. Executive Session -- Water Emergency Response Plan Rick Straut, Barton & Loguidice, said in November the City authorized him to work with a team of City employees to update the City=s Water Emergency Supply Plan. He thanked committee members Jack King, Vince Arpei, Tom Kirkpatrick Paul Male, Jeff Wait and Rob Fuller. He said this plan was updated to document the City=s vulnerable areas. He said they have completed their review and submitted the plan to the Department of Health for their review. He said this was a security sensitive document and requested that he be allowed to discuss the details with the Council during an executive session. Council members agreed. DEPARTMENT OF PUBLIC SAFETY Traffic Light Installation B Update Commissioner Thomas Curley updated Council members on the progress of the traffic light installation project. He said this was a project that cost more than $1 million. He said the project is about 70 percent complete with most of the delays due to the receiving of equipment. He said the scope included replacement of 14 traffic signals and a new central control system. He said final inspections and acceptance will start in April and the lights will be fully running by track season. Commissioner Thomas McTygue asked if there were video surveillance cameras included. Commissioner Thomas Curley said no. Arts Council Lease B Vote Commissioner Thomas Curley moved to recommend modifications to the Arts Council agreement to reduce their annual rent from $30,000 to $12,000 for the years 2003-2006 and also recommend the capital fund be built up to $25,000 by 2006 and to eliminate the exterior grounds maintenance clause. Commissioner Thomas Curley said he has had several discussions with the Arts Council over the last several months on their lease. He reminded Council members that last year their rent was waived. He said the capital account currently has $12,000 and he recommends that it be built up to $25,000 by 2006. Commissioner Thomas Curley said there is also a ten year option on this contract. Commissioner Thomas McTygue said he was not prepared to vote on this tonight until he could determine how this would affect his budget. He said it was his understanding that this motion would only concern the structural maintenance portion of the contract. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to table the motion. Ayes all. Authorization for the Mayor to sign contract with PBA for the use of Firing Range and Limited use of Building (03-018) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign Page 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 21, 2003 the contract with the PBA for the use of their firing range and other limited use of their building in the amount of $2,000 for five years. Ayes all. Vital Statistics Transition Plan Commissioner Thomas Curley reminded Council members that the new charter calls for the transition of vital records to the Accounts Department. He said it was his intention to meet with Commissioner Stephen Towne to discuss this transition. Local Law Enforcement Block Grant B Set Public Hearing Commissioner Thomas Curley requested a public hearing be set for February 4 at 6:25 p.m. on the Local Law Enforcement Block Grant. Council members agreed. Executive Session Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn to executive session at 9:10 p.m. Ayes all. Council members returned at 9:30 p.m. Mayor Kenneth Klotz reported that no action had been taken. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn the meeting at 9:30 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 12 of 12