City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 4, 2003 6:25 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 Anthony Scirocco, 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 HEARING Local Law Enforcement Block Grant Asst. Chief James Cornick said the Local Law Enforcement Block Grant is an annual program whereby the City receives funds. He said an advisory board had been established to review the options on how to use those funds and that committee has recommended that the $14,205 be used to update the fingerprinting scanning system. He said this system will allow for a far quicker turn around time when searching the fingerprint data base. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Interlaken PUD Amendment Mayor Kenneth Klotz said this was a public hearing on a proposed set of zoning amendments for the Interlaken Planned Unit Development District that would allow for a boathouse and marina at 543 Union Avenue. He said the petition was originally submitted by the current owner Homeland Development Corporation. He said the hearing tonight is on the proposed set of amendments to the original petition which were developed by the Saratoga Springs Planning Board. He noted that on file are the required advisory opinions from the City and County Planning Boards and both are favorable. Mayor Kenneth Klotz informed Council members that he had received a number of written comments including, but not limited to: Roger Meisenhelder, 6 Thames Way; Jeffrey Schwartz, 3 Thames Way; Susan Wasco, 356 Clinton Street; and form letters from Constance Boardman, Stephen Boardman, Roger Meisenhelder, Bruce McMorris, Lisa Robins, Patricia Casey and Christopher Hoyt. Dave Carr, The LA Group, said the purpose of this proposal is to provide a home for the Saratoga Rowing Association (SRA). He said both Rick Leonard, Co-president of the SRA and Peter Belmonte, current property owner was here this evening to discuss this matter. Dave Carr said in 1991 the applicant, Mr. Farone, applied to the Planning Board and received site plan approval for a 100-slip dock facility for Interlaken homeowners only. However, because nothing happened within the one year time period that approval expired. He said in Page 1 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 1998 the current property owner sought approval for docks, however, was denied by the Planning Board because he wanted to offer some of the docks to the public. Dave Carr said this is a 4 acre parcel bounded by Overlook Court, the Marina and Route 9P. He said the proposal is to construct a 17,000 square foot structure that will be tucked into the slope which lessens the visual impact to the nearby property owners. He said this structure will house 30 boats, a meeting room and restrooms. He said there will also be parking for 76 cars and there will be 68 boat slips. He said the plan for the boat slips is as follows: offer the slips to residents of Regatta View first, if there is any remaining they are offered to homeowners in Interlaken Zones A, B, & D, if there is any remaining then offer them to the residents in Rileys Cove and if there is still any left they are offered to the residents of Summerwind. He said if there are still some left then a maximum of 20 slips could be leased to the public. He said these docks are not permanent and will be removed when not in use. He said they plan to buffer the area and add screening walls. Dave Carr said they appeared before the Planning Board in November and received a unanimous favorable advisory opinion. He said there are no plans to sell petroleum products or to launch boats. He said this proposal is in keeping with the original PUD because docks were part of the original proposal. He said this will be a limited use facility that will be open to members of the SRA and those leasing dock space. Peter Belmonte, property owner, said this is a fabulous project. He said approximately a year and a half ago he was approached by the SRA seeking a place to locate their facility. He said he was very impressed with the youth and adults of this organization. He informed Council members that one of his neighbors recently had one of their children admitted to Cornell University based on participation in the SRA. He said the Council and the Planning Board see many good and bad projects and this was one of the good ones. He said he understood there was concern expressed by the property owners, but he believed that the good outweighed the bad in this instance. He said he was proud to leave this legacy for the City, the community and especially the dedicated young adults. He urged the Council to approve this request. Rick Leonard, Co-President, said the SRA was formed in 1996. He said it has since become a vital part of this community. He said they have been quite successful in their current location and he thanked Craig Skevington for allowing the SRA to use his property for access to the lake, but said they have now outgrown that site. He said the proposed location along Fish Creek was a much safer location for the rowers. He said they proposed to construct a quality building and asked Tom Frost, architect, to design a building that was appropriate for Saratoga Springs. He said this is a large facility, but they have added a second floor to allow for wintertraining. Rick Leonard said there will be no sale of petroleum products. He said they are proposing 68 boat slips and the money from those rentals will help to fund their budget. He said they want to be inclusive and by keeping the fees as low as possible will help them achieve that goal. He said they need a revenue stream that they can depend on. He said they have been looking for a location for several years now along Fish Creek, however, because of the wetlands and lack of available land, they have not been able to identify an appropriate location. He noted that they have also talked to both the Saratoga Lake Association and the Saratoga Lake Improvement District in hopes of forming a partnership. Rick Leonard said they intend to be good stewards of the lake. He informed Council members that their freshman rowing team this year was national champions. He said they have formed a partnership with Saratoga Water company. He said this team gives a great deal of exposure for the City when they travel. He said they hold two regattas each year that are nearly the largest in United States. He said they bring in thousands of people who attend these regattas. Rick Leonard said he understood there was opposition and they were trying to be sensitive to their concerns. He said they could have proposed a utilitarian type steel structure, however, they have gone the extra step to have an architect design a building that is appropriate for Saratoga Springs. He said that his son said that if the Council approved this proposal it would be a tangible and positive declaration to the youth of this community. Rick Leonard urged the Council to approve this application. Page 2 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Dave Carr reminded Council members that if the Council does approve this application, there is still a lot of work to do. He said they will have to go back to the Planning Board and the Design Review Commission to work on dock placement, buffering, site plan issues, architectural review, etc. Mayor Kenneth Klotz opened the public hearing. Carol Wakeley said she has a daughter who rows but unfortunately did not row here in Saratoga Springs. She said her daughter graduated from Saratoga Springs in 1996, went onto Dartmouth College and became a rower as a walk on. She said rowing is a family sport. She said these athletes work so hard for seven minutes and the team work and comradery is high. She said there is so much sacrifice by these athletes with training, pain, no time outs or substitutes. She informed Council members that her daughter was named an All American rower and went on to participate in the nationals. She said she has hopes of participating in the Olympics. She encouraged the Council to approve this application. She said she would like to see other Olympic athletes from this team. Wayne Butler, US Rowing Official, said he was a referee in this sport and safety was one of his primary concerns. He said Saratoga Springs has a tremendous history of rowing going back to 1875 when Jim Morrisey hosted a regatta with more than 25,000 people attending. He said the proposed location for the boathouse is a very safe location with the five mile per hour wake zone. He pointed out that in his 17 years of hosting regattas with more than 20,000 participants there has never been a major accident. He then shared the demographics of those athletes noting that most are college granulates. He also pointed out that in Florida where real estate is located near boat house facilities, the asking prices are extremely high. He said he did not believe this boat house would lower property values. Roger Meisenhelder, 6 Thames Way, said he and six of his neighbors will be directly affected by this proposal and the Council should consider their concerns as well as the impartial views of others in the community. He said there are 239 homeowners (81 percent of the homeowners of Regatta View) and 336 signatures on the petition who are against this proposal. He said this organization should not be rewarded by the City simply because they are great kids with dedicated coaches. Tom Frost, rower and architect, said this is a large building but it is essentially for storage. He said these boats are 65 feet long with a wing spread of 8 feet and they simply require a lot of space for storage. He said the SRA has been successful in obtaining equipment and attracting participants. He said they could construct a steel structure with no architectural value, however, they have chosen to go one step further and construct a building that is appropriate for Saratoga Springs. He said they have added dormers, cupolas and other such items to give the building a more residential appearance. He said the SRA will undoubtedly pay about 25 percent more to construct this building rather than a steel structure. He said it was his belief that this structure=s appearance would be better than what the property owners were looking at now which is the North Pier Marina. Dave Bonner, 5 Royal Henry Court, said he believed that the petition, to a certain degree, was circulated under false pretenses. He said the petition was distributed with the intent to kill this application. He said he had spoken to Roger Meisenhelder and Roger Meisenhelder said the intent was to kill the project. Dave Bonner said he sent a letter to his neighbors on December 12 stating his view that the petition was circulated to not give input on the project but to kill it. He said this petition has so many restrictions that it would be impractical for the SRA to construct a building. He noted that one of the concerns of the neighbors was traffic and noise, which already exists. He said the boat shells do not create noise such as the jet skis and cigarette boats. He said there was some concern that the current property owner would benefit from this gift, which was true. Dave Bonner said the SRA gives the youth of the community the opportunity to participate in a good sport and to possibly obtain scholarships. He said this is a good project that will be good for the community. He urged the Council to approve this application. Dennis DeJonghe said that the SRA and the regattas have a positive impact on the City=s economy. He said this team has struggled without a building but they have thrived. He said he has two children in college both of whom are rowers. He said he was not sure that the Downtown Business Association and the Chamber were fully aware of the economic impact that these regattas have on the downtown community. He said in the Page 3 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 spring the regatta brings in more than 5,000 attendees. He said the Head of the Fish Regatta brings in more than 4,000 participants along with their parents and friends. He said a few years ago the Council passed an ordinance to keep the kids off of the street. He reminded Council members that when Spit & Spat was vandalized it was done by kids from outside of Saratoga Springs. He said when that fundraiser was held, the SRA was at the event volunteering to serve and clean up. He urged the Council to support this application. Casey Irving, Rowing Captain, informed Council members that she recently received a full athletic scholarship from Syracuse University due to rowing. She said that she is 1 of 12 rowers from this club who have received scholarships because of rowing. She said the teamwork, relationships and comradery that are formed while rowing is enriching for these rowers. She said because this is not limited to just the High School students, she crosses paths with students from many other schools, meeting a variety of people. She said rowing provides a good, safe environment for these athletes. She asked the Council to support this application. Jim Conley, Balmain Court, said he has three sons who are not rowers. He said the issue before the Council was whether the property should be rezoned and how it should be developed. He said they are new to this community and one of the reasons they moved here was because of its beauty and they also believed that their investment in their home would be protected by the City. He said the Council should consider the message that will be sent to potential home buyers should this application be approved. He said it was a dangerous message. He urged the Council to protect property values. He said he was not sure if the people who signed the petition really meant to kill the application but he firmly believed that there needed to be more discussion on this matter. Charlotte Justin, Chair of the Board of Directors of the Waldorf School, said the SRA has many good rowers. She said it was a great opportunity for members at their school to be part of this team and the City needed to support this team. She said these rowers will be the leaders of tomorrow. She questioned what space is provided for teens in the downtown area. She said so much more than rowing is gained by these students. She said teamwork, hard work, etc. are attributes that are gained through participation in this program. She urged the Council to support this application. Jeff Schwartz, 3 Thames Way, said the issue was not that they need a boathouse but rather should the law be changed. He said he too was not sure about the petition and the pretenses it was distributed under and understood that some wanted their names taken off. He noted though that there are more opposed to this application than those who support it. He said he was very concerned about approving a marina for this area. He said in the City=s definition of a marina, retail use is permitted. He said the burden is on the applicant and they have not met that burden of proof. He said because of the City=s Comprehensive Plan the Planning Board had to find that it was in accordance. He said though there are a series of reasons why it should be rejected according to the zoning ordinance. He said it should not be approved simply because there is desire. He said the property owners in this area need to have their concerns addressed. Peggy Conley, 4 Balmain Lane, said she spent more than a year house hunting and moved to this neighborhood in September. She said she chose this neighborhood for its beauty. She said the site for this proposed boat house is very small and tight and she asked the Council to keep it that way. She urged the Council to not approve this application. Joanne White, realtor for more than 20 years, said she was concerned about the arguments that homeowners had presented on their property value. She said based on her expertise in this field, there was no way that the boathouse could have a negative impact on their property values. She said there are many other communities not as affluent as this community and they offer so much more for their rowers. She further noted that for every home that goes on the market in this development, there are about five buyers. She asked that anyone concerned about their property decreasing in value, to contact her and she would be willing to sell their home for them. Cheryl Keyrouse, 13 Wampum Drive, said this land was a gift to these athletes and this was the perfect time and perfect opportunity for them to make this proposal. She said the last time she appeared before the Council was because of the vandalism of the horses from the downtown area. She said the athletes participating in the Page 4 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 SRA must sign a contract that they will not smoke, drink or use drugs. She said the Council owes it to the community to support these athletes. Allen Justin, 18 Nelson Avenue, agreed that this was the time to support this request. He said these are very hardworking, dedicated athletes and the community should show its support. He encouraged the Council to support this application. Nancy Coleman, 8 Madison Avenue, urged the Council to support this application. She said that all Saratogians are aware that every available inch of land within the City limit is being developed. She said this proposal was not being developed because of greed and the SRA is not a new comer to this City. She urged the Council to support this proposal. Ageo Frizzera, 88 Dyer Switch Road, said this program was good for the community and for the athletes, but this was an issue that needed balance. He said there needed to be more discussion on the marina issues. He said the marina that was originally proposed was for private use only and now it would be open to the public and could be a commercial operation. He said the benefits to the City need to be looked at. He suggested that if 68 slips are allowed all of the interested parties ranging from the SLA, SLIPD, Saratoga County Sheriffs, etc. should be alerted and part of the discussions. He said he did not want to see this area overburdened. Marjorie Teseri, said her son graduated last year from Dartmouth College. She then read a letter from him on his experiences while rowing. He said in his letter that he went from hanging out downtown to a serious athlete due to the SRA. He said he got into a good college due to his hard work, dedication and efforts in both academics and rowing. He said the SRA is a positive program and he asked the Council to support this request. Ben Serrota said he is the parent of two rowers. He said this is a positive sport which relies heavily on the families. He said the addition of this boathouse will leave a positive legacy for this community. He said he has a client base of doctors, lawyers, CEOs, etc. and many of them have rowing backgrounds. He said they believe that the discipline required to participate in such a sport carries over to their academics and business world. He said programs such as these yields many successful adults and its and investment in our community. Sue Hensley, said she was very concerned about water safety. She reminded Council members that two years ago her daughter and other rowers were severely injured in a boating accident on the lake. She reminded Council members that a speed boat ran into their shell and her daughter spent two weeks in the hospital recovering. She said her daughter has injuries that she will never recover from, however, she has gone back to rowing. She said this new location is much safer for the athletes. She said these athletes have so many good characteristics and qualities and she urged the Council to approve this application. Teresa Tallman said she will attend Minnesota State University this fall because of rowing. She said she was also concerned about their safety in getting to their shells. She said there is a rather long, down hill slope they must navigate to get to the water. She said there is so much swamp land in this area that it makes it extremely difficult for them to identify land. She asked the Council to support this application. Craig Skevington said this team has been working in his back yard for five years now; and, unfortunately, the team has tripled in size and he can no longer support that many. He said noise is not an issue. He said this team is very well organized and they are properly supervised. He said they have kept his property clean and often helped to rake his yard and assisted in removing his docks. He said he currently looks at a trailer that houses some of the shells so he could only guess that a boathouse would be better. He said many of the concerns expressed by the neighbors are really not an issue. He too said he was concerned about safety and he believed the new site was a better location. He urged the Council to support this request. Cynthia Lanko, parent of a rower, said these athletes do not complain about their existing facility but could only Page 5 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 imagine the pride they would get from having a new facility. She said they don=t need a new facility to give them pride in their sport or in themselves, but it would be a good feeling for them. She urged the Council to approve this application. Donna Olsen, 4 Laura Lane and co-owner of Saratoga Boatworks, said she was concerned about the sale of boat parts and/or accessory items. Mayor Kenneth Klotz said that was an oversight on the Board=s part and that had been added to the legislation. Roger Goldsmith, Crafters Gallery, parent of a rower, said this organization has succeeded in spite of its location. He said the proposed boathouse will be an economic burden for this organization and the slips are needed. He reminded Council members that at one time in this area there was the Kaydeross Park, campground, dilapidate buildings, etc. He said decisions are made all the time on land use issues and what is good for the City. He said this is a great opportunity for the SRA and the Council should do what was in the City=s best interest. 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 7:55 p.m. with the Pledge of Allegiance and a moment of silence for the astronauts. ACCOUNTS DEPARTMENT Interlaken PUD Amendment B Vote (03-019) Commissioner Stephen Towne thanked all of those participating in tonight=s public hearing for doing so. He said it was important for the Council to hear these comments. Commissioner Stephen Towne said the Council had received a favorable advisory opinion from the City Planning Board on the Interlaken PUD Amendments. He said at their November 20, 2002, meeting, the Planning Board voted 4-0 to issue this favorable advisory opinion with a number of revisions some of which include: a. the boathouse not exceed 17,500 sq. ft. b boathouse to have 75 parking spaces c. marina to have up to 68 docking slips d. no picnicking or special events e. no outdoor storage of boats except for boats owned by the rowing association f. the free standing sign shall not exceed 24 sq. ft. and not be taller than 12 feet g. there shall be no sales or rental of boats or equipment on this site He also noted that the Planning Board found that: 1) the proposed text and map amendments are not contrary to the general purpose and intent of the zoning ordinance; and 2) the proposed text amendments are in accord with the Comprehensive Plan. Commissioner Stephen Towne said that with that in mind, he moved and Commissioner Thomas Curley seconded for the issuance of a negative SEQR determination and for adoption of the proposed zoning amendments for the Interlaken PUD that would allow for a boathouse and marina at 543 Union Avenue . Mayor Kenneth Klotz asked members of the SRA about their budget and their plans for fundraising. Rick Leonard said if they received an approval this evening they will establish a steering committee to address issues such as the budget, fundraising, programs, construction details. He said they have not yet approached the community on fundraising events because they did not have an approval. He said they would also contact legislators on possible grants. He said it was very likely that a fundraising campaign would be developed. He said it was their intent to raise enough funds so there would not be a mortgage on this building. He said the revenues from the boat slips and regattas should be able to sustain the club while keeping the fees at a minimum. Mayor Kenneth Klotz asked about management and/or supervision on the property. Rick Leonard Page 6 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 said at the current time there are only coaches. He said they have had some discussion about utilizing an executive director. He said they intend to operate the boat house and have no intention of contracting out for such services. Mayor Kenneth Klotz said he too appreciated all of the comments this evening. He said it was especially impressive to hear the youth of the community speak so eloquently and passionately about this sport. He said this application is the classic conflict and he along with other Council members have tried to listen all sides and to balance those arguments. He said he would like to see the neighbors and the SRA work together to resolve those concerns. He said he believed this would be an asset to the community and would not negatively effect property values. He said it was his hope that the Council could look back in five years and be assured that they had made the right decision. Commissioner Michael Lenz said he was somewhat concerned with the petition. He said he did not believe that many of those who signed the petition meant to kill this project but more than likely would prefer an opportunity to have some input on the process. He said neighbors would be allowed that opportunity when this appears before the Planning Board. He said he too believed that it was incumbent on the SRA to have discussions with the homeowners to address their concerns. He also agreed that the Council sees both good and bad projects and he was glad to see that this group had put forth the effort to see that an architecturally appropriate structure would be constructed. He said this was a good project which he would support. Commissioner Stephen Towne said there have been many letters of opposition and support on this project. He said he and other Council members have spent a lot of time trying to ascertain what is the right thing to do. He said he understood the property owners= concerns and it was difficult to sift through all of the information to make a decision. He said that while he does not have children involved in rowing, they are heavily involved in sports so he could understand the qualities gained participating in sports. He said he heard a lot this evening that the City does not do enough for its youth. He said if this is approved this evening, he hoped it showed that the Council is doing things that are good for both the community and the kids. He said this is a good, solid decision that with show the youth that the Council believes in taking care of the community as whole. He said he would support this proposal. Commissioner Thomas Curley said he agreed with much that had been said this evening and he too was very concerned about safety. He said the proposed location of the boathouse was more safe than the existing location. He commended all those who spoke, especially the youth. He said this is a very worthwhile cause and he would support the request. Commissioner Michael Lenz noted that there had been a concern expressed about the loss of revenue if this parcel had not-for-profit status. He said the City would lose $223 based on the assessed vale. He said based on the previous discussions this evening on how much business is brought to the City through the regattas that would make up for the tax loss. Commissioner Thomas McTygue echoed the comments of the other Council members. He said he attended the Planning Board meeting when this item was discussed. He said he fully supports the use of the lake for recreational purposes. He said it was unfortunate that the City=s forefathers did not have the foresight to obtain a parcel of land for lake access when Kaydeross Park was sold. He agreed this was a dedicated group of youngsters. He mentioned that this group searched for a job that they could do for the City and he directed them to pick up litter, which they did. He said that he lives out in this way and he did not believe that the addition of a boat house would lower property values. He suggested that the residents who oppose this proposal should work with the SRA to make a successful program. He said he believed that this would be an area of the City that the homeowners would be proud to be looking over. Ayes all. MAYOR =S OFFICE Page 7 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Street Naming and Numbering Ordinance B Vote (03-020) Mayor Kenneth Klotz said on December 3, 2002, a public hearing was held on the proposed amendments to Section 201 of the City Code relating to street naming and numbering. He said at that time there was some discussion on The Springs neighborhood and the vote was delayed due to those concerns. He said it was his intention this evening to vote on this ordinance excluding The Springs area. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for the adoption of the proposed amendments to Section 201 in the City Code B Street Naming and Numbering with the minor revisions recommended by the City Planner in his memorandum of December 12, 2002, relating to changes in streets that have been accepted for snowplowing . Commissioner Thomas Curley asked if this was adopted what affect would it have on the residents of The Springs. Mayor Kenneth Klotz said that The Springs residents could come to the Council at any time with a request for revision to their numbers. Ayes all. Change in Street Address Range for Louden Road (03-021) Geoff Bornemann, City Planner, explained that Louden Road runs through three communities. He said two of those communities number their system the same while the City is different. He said those communities have asked that the City change their numbering system along Louden Road which would bring consistency in numbering along Louden Road. Commissioner Thomas Curley asked how many homeowners would be affected. Geoff Bornemann said three. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the proposed changes for the address ranges on Louden Road as described in the memorandum dated November 27, 2002 from the City Planner. Ayes all. Contract with the Saratoga Springs Preservation Foundation for Staff Services to the DRC B Vote (03-022) Mayor Kenneth Klotz explained that the City has been having discussions with the SSPF to contract with them for staff support for the DRC. He said the City has been struggling over the last six months to provide those services. He said over the last six months the City contracted with an individual, but he is no longer available. He said the amount of this contract would not exceed $2,000 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 $2,000 for staff services to be provided to the Design Review Commission. Commissioner Michael Lenz asked from where the money would come. Mayor Kenneth Klotz said he has a very tight budget and because this is a very small amount he would prefer it come from contingency. He said he would be willing to say that the funds would come from his budget for now; however, if he finds at the end of the year that he does not have the funds, it should come from contingency. Council members agreed. Ayes all. Two SPAF Grants from Saratoga Arts Council B Announcement Mayor Kenneth Klotz announced that he, Commissioner Thomas McTygue and the County Supervisors recently attended a ceremony at the Arts Council to assist with distribution of grants. He said the Urban Heritage Area program received two grants totaling $3,350 for noon time performances of chamber music by members of the ballet orchestra and for the Alex Torres Latin Kings concerts in the park. He said this was part of the multi-cultural series. He congratulated the UHA for receiving these grants. Page 8 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Saratoga County Youth Bureau Contact B Approval (03-023) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with the Saratoga County Youth Bureau. He said this was a standard contract for youth service projects. Ayes all. West Side Plan National Award B Announcement Mayor Kenneth Klotz reminded Council members that some time ago Brad Birge arranged for a graduate group of students to do a study along with some planning and design on the west side. He said that group worked with the Westside Neighborhood Association for a semester and at the completion of that semester a set of planning and design guidelines were developed as recommendations for the west side. He said that report has now been recognized nationally and awarded the National Certified Planners Award which is one of only two that are awarded. He said it also won an award from the American Planners Association for an outstanding projects. He said it was fortunate for the community to take part in such a project. 2004 Charter & Public Participation at Council Meetings Mayor Kenneth Klotz said there are a number of changes coming up with the new charter and one of those has to do with public participation. He said conceptually he believed the charter calls for moving beyond the privilege of the floor. He said he believed the Council wanted to be open and accessible but also wanted to conduct orderly meetings. He suggested that a block of time be set aside. He asked Council members to think about this and get back to him with suggestions. He said if the Council so desired, it could be implemented before January 1. Commissioner Michael Lenz asked if Mayor Kenneth Klotz would come back to the Council with recommendations. Mayor Kenneth Klotz said yes but he would like other Council members suggestions. Commissioner Stephen Towne said he would like to see this instituted sooner rather than later. Executive Session Mayor Kenneth Klotz requested an executive session to discuss litigation. Council members agreed. 2002 Animal Shelter Voucher Mayor Kenneth Klotz withdrew this item saying the issue had been resolved. City Center Authority Legislation B Proposed Resolution (03-024) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded the following resolution: WHEREAS, pursuant to New York State Public Authorities Law 2490-c, the Saratoga Springs City Center Authority was created for a period of twenty five years, and WHEREAS, the Saratoga Springs City Center Authority accordingly will cease its corporate existence on July 26,2007, and WHEREAS, the City Council has determined the City of Saratoga Springs would greatly benefit from the continuation of the Saratoga Springs City Center Authority indefinitely, NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby requests that Senator Joseph Bruno and Assemblyman James Tedisco introduce a bill to the Legislature to extend the existence of the Saratoga Springs City Center Authority until terminated by law. Mayor Kenneth Klotz informed Council members that the City Attorney had reviewed this resolution. Ayes all. Page 9 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 State and Local Aid Economic Stimulus Act of 2003 B Snowe/Schumer Proposal Mayor Kenneth Klotz said he recently received a letter from Senator Schumer in connection with a bipartisan bill being introduced at the federal level for federal aid to be approved and that would go directly to locally economies. He said some of the priorities for this program would be homeland security, property taxincreases, child care, etc. He said he simply wanted to keep the Council informed on issues such as these. ACCOUNTS DEPARTMENT City Council meeting minutes , January 21, 2003 B Approval Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the January 21, 2003, City Council meeting minutes. Ayes all. Award of Bid B Motor Vehicle Filters Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for motor vehicle filters to Spa Automotive per their bid (lowest acceptable bidder). The award of bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Motor Oil Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Grease Oil and Hydraulic Oil to R.H. Crown Company, Inc. for $72.20 and $159.95 (low bidder)respectively and to award the bid for Multi- Purpose Grease to Noco Energy Corp. for $111 (low bidder). The award of bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Lube, Oil & Grease Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Motor Oil to R.H. Crown, Inc. for $168.00 (low bidder). The award of bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Trees Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Street Trees to Northern Nurseries for various amounts (lowest acceptable bidder). The award of bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all . Interlaken PUD Amendment Previously discussed. Certiorari Matters Commissioner Stephen Towne said he was pleased to announce the voluntary withdrawal of the 2001 and 2002 tax certiorari proceedings filed by Don Greene Enterprises. The tax refund savings regarding this withdrawal is in excess of $331,150 (including school and county taxes). The withdrawal is the result of Page 10 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 discussions between the property owner, their attorney and Matt Dorsey, of The Dorsey Law Firm, who is the City=s special counsel in tax certiorari matters. Commissioner Stephen Towne noted that of the 25 tax certiorari cases before the City we had to defend, 13 have been resolved with 7 cases being dismissed or voluntarily withdrawn. He said the total potential tax refunds that have been avoided in those cases that have been resolved is $1,798,688 of which approximately 20 percent or $360,000 relates to City taxes alone. This figure is exclusive of any applicable interest. Further, the legal and appraisal fees involved in the resolution of these 13 cases has been modest as compared to what would have been expended to pursue these cases further in trial. Mayor Kenneth Klotz said he took exception to this announcement. He said the City Attorney is not being kept informed, as required by the charter, of certiorari cases being resolved. He said at the last meeting The Dorsey Law Firm was credited for solving a case that the City Attorney had solved. He said the disposition of these cases is not being done in cooperation with the City Attorney=s Office. Commissioner Stephen Towne said he would check the details of the previous case to see if the City Attorney was involved in that disposition. He said though that he did not believe that the City Attorney needed to be involved in withdrawals or dismissals as there would be little to discuss. He said he would continue to inform Council members on such matters and he would continue to cooperate with the City Attorney=s office. Vendor Ordinance Review B Update Commissioner Stephen Towne said at the December 3, 2002, Council meeting, he announced the formation of the Vendor Ordinance Review Committee and appointed the following individuals: Tim Mabee, Chair; John Baker, Gaffney=s; Mark Baker, City Center; David Barker, Impressions; Joe Dalton, Chamber; Roger Goldsmith, Crafters Gallery; Cathy Hamilton, Putnam Market; and Gavin Landry, Saratoga Convention & Tourism Bureau. He said this committee was charged with review and updating of this ordinance. He said they have met twice since being appointed and have had a great deal of detailed discussion on location of vendors, licensing/insurance requirements, appearance of cart/vehicle, whether push carts should be allowed, etc. He said the committee plans to meet again on Wednesday, February 12 at 9:30 a.m. in the Council room and they have invited DPW staff for their input on the Farmer=s Market and Congress Park vendors. He encouraged other departments who have an interest in this issue to contact Debbie Harper for an update and to attend the meetings. Purchasing Guidelines -- Discussion Commissioner Stephen Towne withdrew this item from discussion. FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: January 24, 2003 B $355,589.10 and January 31, 2003 B $459,943.29. Ayes all. Approve Warrants Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants 5DEC02 -- Warrant 2-12 General Fund $ 63,628.47 City Center Authority 39,981.58 Water Fund 25,765.98 Sewer Fund -0- Capital Project 2,210.97 Page 11 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 1,271.90 $ 133,058.90 1FEB03 - Warrant 2-20 General Fund $ 274,066.37 City Center Authority 21,743.13 Water Fund 6,334.58 Sewer Fund 1,746.15 Capital Project 5,100.00 Special Assessment District 200.00 Trust Fund -0- Debt Service -0- Community Development 8,000.00 $ 317,190.23 MC020129 - Warrant 2 - 4 General Fund $ 38,125.31 City Center Authority -0- Water Fund 13,489.65 Sewer Fund 1,036.65 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 52,651.61 MC030129 - Warrant 2 - 5 General Fund $ 5,361.71 City Center Authority 11,860.98 Water Fund 2,516.49 Sewer Fund 1,387.05 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 21,126.23 MC013103 - Warrant 2 General Fund $ 2,347.28 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- Page 12 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 2,347.28 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment B). Ayes all. 2003 Tax Roll (03-025) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the 2003 Tax Roll as presented. (Attachment C). Ayes all. Agreement with Saratoga/Wilton Elks Patsy Berrigan, Civil Service Commission, explained that there are several exams being offer on February 22 with more than 130 candidates. She said it has been difficult to identify space within the City at a reasonable cost but she has found the Elks Club available on that date for $130. She said the school district was available but because it is school vacation week, could not guarantee that the heat would be working at full capacity. Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with the Elks Club in the amount of $130 for February 22 exams. Ayes all. Executive Session Commissioner Michael Lenz requested an executive session to discuss legal matters. Council members agreed. DEPARTMENT OF PUBLIC WORKS New Disinfection Process at Water Treatment Plant B Presentation by Barton & Loguidice Rick Straut, Barton & Loguidice, said he had distributed information to Council members on this matter. He said DPW has been studying the disinfection process at the Water Treatment Plant. He said the existing system uses chlorine gas which has some potential safety concerns. He said there is some concern with the possible release of chlorine gas which is very toxic. He said in order to be consistent with the new regulatory issues they need to review the treatment process in the attempt to make the water more clean. He said there is a particular parasite that is a problem and the treatment process needs to be optimized to get the best water quality that we can out of the plant. He said the other issue is disinfectant byproducts. He said the chlorine reacts with the organisms that create carcinogens. Rick Straut said they looked at six different alternatives to optimize the processing and trimmed it down to three: a) sodium hypochlorite; b) mixed oxidant generator; c) ultra violet radiation in conjunction with Aa@ or Page 13 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Ab@. He said all three options meet the existing regulations, however, with upcoming regulations it was likely that Aa@ and Ab@ would not. He informed Council members that the cost of the ultra violet radiation method is the lowest cost. He said the modifications to the plant for the first two alternatives would require the construction of large tanks. He estimated the cost for option Aa@ at $1.35 million, option Ab@ at $1.87 million and option Ac@ at $940,000. Rick Straut said they calculated a 20 year debt service, however, that could be decreased. Commissioner Thomas McTygue said he would rather see that reduced to ten years. Mayor Kenneth Klotz said it appeared that choosing option Aa@ or Ab@ could potentially be a problem at a later date. Rick Straut said if they used option Aa@ or Ab@ in conjunction with option Ac@ there would likely not be a problem. He explained that choosing one of the options without the ultra violet requires the construction of additional tanks which becomes quite costly. Commissioner Thomas McTygue said it was his intention to come back to the Council within the next two to three months to enter the bid the process. He informed the Council that if this project is approved, it would be funded out of the water fund. Commissioner Michael Lenz agreed saying that it would not effect the City=s debt limit. Bill McTygue, Director of Utilities, said they periodically have inspectors from the Department of Health at the plant and those inspectors have encouraged the City to eliminate the chlorine gas method. He said they have concluded from their research that the ultra violet method is the most cost effective and efficient. He said this new system would eliminate any potential hazardous problems at the plant. Donation Commissioner Thomas McTygue moved Mayor Kenneth Klotz seconded that the City accept a donation from Bobby D=Andrea of a brass ring mechanism that use to be on the Carousel when it was located at Kaydeross Park. He said the mechanism had been appraised by William Finkelstein with an estimated value of between $6,500 and $7,500. Ayes all. Sale of Carousel Chips Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the running of an ad in the magazine The Carousel News & Trader at a cost of $100 advertising the sale of our carousel chips by mail for $5.50. He said this will also include a plastic protector that is airtight and museum quality. Ayes all. Commissioner Thomas McTygue said this program will continue to fund the maintenance program for the carousel. He said we currently sell the chips at several locations in the downtown area. New Water Meter System B Presentation of E.J. Prescott Commissioner Thomas McTygue introduced Anna Plante, Water Accounts Supervisor, who recently filled this position upon the death of Jim Lynn. He said it had been a difficult few months getting the bills out, but they have done so. He said she and Mike Werdon, E.J. Prescott, were here this evening to do a demonstration on a new water meter reading system that he hoped to implement. Bill McTygue said this is the latest technology with meter reading. He said Niagara Mohawk is also entering this field for their meter reading. He explained that this system would allow the employee to drive down the street and take meter readings from the car. Commissioner Thomas McTygue said this is probably a ten year project because of the cost. He said they propose to install this new system in all of the new subdivisions. He said initially they will purchase 500 units. Mike Werdon then displayed and explained the system. He said the majority of the existing meters are Atouch@ meters which means that the meter reader must physically touch the meter with a small device and then that data is brought back to the main system and downloaded. He said with the new system, the meter reader would be able to stay in the vehicle and simply point the compact meter reading device at the house, Page 14 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 obtain the read and move on. He also pointed out that this new system is quite adaptable and will likely be able to fit most existing meters. Mike Werdon said the cost of the new system was about $128 per unit. Anna Plante said Queensbury started this program in 1999 with all of the new installs and if there was a problem with the existing meter. She said they have completed about 30 percent of the transition and they have cut their reading time from 8 weeks to about 4 weeks. Commissioner Thomas McTygue said that with this new system, it is likely that new meter readers will not need to be hired. He said it was his plan to use existing employees to do the new installs and he would work that out with the employees. Saratoga County Arts Council Commissioner Thomas McTygue distributed a pamphlet on the Saratoga County Arts Council grant distribution program. He said local businesses that received grants included: Cafe Lena, Friends of Saratoga Library, Land Trust of Saratoga Region, Saratoga Chamber Singers, Saratoga Shakespeare Company, Saratoga Springs Heritage Area Program, Saratoga Springs Youth Orchestra, Artist in Residence Program, Lake Avenue School, St. Clements School, Saratoga Independent School and Waldorf School. He said these grants total more than $25,000 to this community with an overall total of more than $60,000 being awarded throughout this area. He said this is a considerable amount of funds distributed through the Arts Council. Commissioner Thomas McTygue said the Arts Council is so successful because of the volunteers. He distributed statistics developed through a study by the state showing the impact that arts has on the economy. He said it is about 3 percent of the gross state product. He noted that employment in the arts is at 174,000 and the total tax returned to the state through these programs is $480 million. Commissioner Thomas McTygue showed Council members that throughout the state communities support their local arts councils. He said the Blue Mountain Museum and the Lake George Arts are supported by their local communities and as well as many others. Commissioner Thomas McTygue reminded Council members that he has established several revenue streams particularly noting the following: Compost facility raising $51,000 in 2002; transfer station bags raising $116,000 in 2002; Veterans Brick War Memorial Program raising $52,000; Casino rental raising $250,000 in 2002, Casino chair rental raising $22,000; carousel ride revenues at $40,000; Spit & Spat fundraiser raised more than $100,000; Music Hall rental revenues at $14,400; water connection fee $400,000 in 2002; and DPW yearly auction $11,000. Commissioner Thomas McTygue said he understood there were some concerns about waiving the rent for the Arts Council, therefore, he would not request a vote this evening. He said it was his intention to bring this back at the next meeting. He said he had a change of heart about the Arts Council over the last few years and they have made him a believer. He said he has seen the impact they have on the downtown and said that the City should support them. Commissioner Thomas McTygue said there should not be double standards in the City noting that there are several groups such as the UHA, Senior Citizens Center and the Historical Society that occupy City space and don=t pay rent. He said the Arts Council has stated that they have invested more than $300,000 in this building further noting that not all of that came from grants. He said they were fortunate to receive substantial donations to fund those improvements. He said it would be his recommendation that the Arts Council maintain the $25,000 capital account only. Commissioner Thomas McTygue said he also wanted to clear up any confusion about his comments during the recent awards ceremony. He said as it is normal to lobby state legislators for funds, he suggested that residents lobby the Council members to support the Arts Council. Mayor Kenneth Klotz agreed that there appeared to be precedent on other organizations not paying rent to the City and further noted that the Arts Council had put a substantial amount of funds into capital improvements at Page 15 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 the building. He said all the Arts Council is asking is that they be allowed to occupy the building without paying rent. Commissioner Michael Lenz said that as a point of order, there was a motion at the last meeting that was tabled and he suggested that the motion be brought back to the table before the council has further discussions on this matter. He also noted that it was his understanding that the Council member tabling the motion was the Council member who should bring it back. Mayor Kenneth Klotz s disagreed stating that any Council member at any time may bring a motion to the table. He also noted that generally the Council does not follow the practice of bringing motions back to the table in order to generate discussion. Commissioner Thomas Curley said he remembered when Commissioner Thomas McTygue did not support this organization. He asked that if there was precedent for other organizations to not pay rent, why was the Arts Council funding capital improvements. He suggested that perhaps the existing $12,000 in the capital account was enough. He also noted that Senator Bruno=s office made a substantial contribution to the Spit & Spat fund. He said the City also funds the Senior Center with funding. He further reminded Commissioner Thomas McTygue that although DPW has created several revenue streams, all were done with the support of the Council. He said he has made an effort over the last several months to bring a resolution to the table that was good for the City and the Arts Council. He said it appeared that Commissioner Thomas McTygue has suddenly had a change of heart concerning the Arts Council. Commissioner Michael Lenz said that the previously proposed modification to the contract to decrease the rent from $30,000 to $12,000 was a 60 percent decrease in rent. He said that the Arts Council is a valuable asset to this community, however, he believed that $12,000 was appropriate for rental fees. He also reminded Council members that Commissioner Thomas McTygue was a key player in crafting the original contract with the Arts Council. He said if in fact DPW is the caretaker of the building, why was the Arts Council spending upwards of $300,000 to upgrade a building that belongs to the City. He then suggested that perhaps the capital account fee and $1,500 maintenance fee be waived and not the rental of $12,000. Commissioner Thomas McTygue said it was true that when the Arts Council took over this building they agreed to make these upgrades. He said they were also allowed the ability to lease out space to create a revenue stream. He said they no longer lease the space out because they need it. He said perhaps the City should charge the Urban Heritage Center. He reminded Council members that there were many discussions with the Court System when this lease developed was the Arts Council and the Court System was offering a considerably larger sum for rent. He said he is now prepared to do the right thing and waive this rent. He said the Arts Council has a considerable impact on the downtown area and businesses and the Council should support them. He said even bad publicity of the horse episode this summer brought more tourists. Commissioner Michael Lenz pointed out that the Urban Heritage Center does not pay the City for maintenance on that building. He again suggested that perhaps the capital account be waived and the rent be reduced to $12,000. He said there are many good organizations in this community that provide a tremendous amount of services and exposure for the City but because of their various locations, they are forced to pay rent. He agreed that the Arts Council is valuable to this community but he felt that the $12,000 was reasonable. Commissioner Thomas McTygue asked what other organizations provide such services. Commissioner Michael Lenz said that the Saratoga Center for the Family provides a priceless service to the community. He said the Convention & Tourism Bureau also brings in hundreds of thousands of dollars every year in tourism. Commissioner Thomas McTygue said the City needs to put some extra effort into creating revenue streams. He said this year, because of the proposed state budget, everyone was going to see reduced state aid. He said rather than making this worse for the Arts Council, we should be working with them. Commissioner Michael Lenz again suggested that the capital account be waived. Commissioner Thomas Curley pointed out that if the rent was reduced, the Arts Council would be saving more than $130,000 over the remainder of the contract. Page 16 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 Dee Sarno, Executive Director of the Saratoga County Arts Council, thanked the Council members for devoting time to this matter. She said she did not believe that Commissioner Thomas McTygue had a change of heart over night. She said she has seen his support for the Art Council. She said the Arts Council has put more than $300,000 into this building and they did so willingly because they believed that this building needed to be a public place. She said this was a Council decision not hers. She agreed there were going to be problems with the state budget, but noted that it was likely that their regrant program would remain in tact. She said no matter the decision by the Council they will continue to maintain the building to make it a special place. Bob Pasio said the Arts Council is what it is because of Dee Sarno. He said she does not have the staff that she needs and she is not paid what she is worth. He asked that political affiliations be set aside and that the council do the right thing. He said it was a disgrace for this community the way the Council was handling this situation. He said there was someone orchestrating this problem and he asked that Council members rise above the political fray and do the right thing. Commissioner Michael Lenz asked who might be orchestrating this matter. He said he took extreme offense to such a suggestion. He said going from $30,000 to $12,000 was appropriate. Bill Fox said he moved to Saratoga Springs in April 2002 because of the Arts Council. He said they assisted him in finding a location and he then moved his business here. He said the Arts Council is a vital organ of this community and the Council should not weaken the community by weakening the Arts Council. He asked that the Council support the Arts Council. DEPARTMENT OF PUBLIC SAFETY Local Law Enforcement Block Grant (03-026) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the recommendation of the Local Law Enforcement Block Grant Advisory Board and approve the expenditure of $14,205 to upgrade the Police Department fingerprint scanning system. Ayes all. EXECUTIVE SESSION Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to adjourn to executive session at 10:10 p.m. Ayes all. Council members returned at 10:30 p.m. Greenfield Mobil vs. Zoning Board of Appeals (03-027) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the expenditure of up to $2,500 ($90 per hour) for the services of Tony Izzo to serve as counsel in the Greenfield Mobil vs. ZBA litigation. Ayes all. James Taylor vs. Zoning Board of Appeals (03-028) Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to authorize the expenditure of up to $2,500 ($90 per hour) for the services of Tony Izzo to serve as counsel in the James Taylor vs. ZBA litigation. Ayes all. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:30 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:30 Page 17 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 4, 2003 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 18 of 18