City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 18, 2003 6:45 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 Betor Zoning Amendment Mayor Kenneth Klotz said this was a public hearing on a petition submitted by John Betor to change the zoning on the western portion of his property at 1 Driscoll Road from its current designation of Rural-Residential-1 to Tourist Related Business District. He said the Planning Board reviewed this proposal and issued an unfavorable advisory opinion. Mayor Kenneth Klotz said due to a clerical oversight, the applicant=s petition was not sent to the Saratoga County Planning Board for the required advisory opinion; and because there is a 30 day waiting period for that review, there would be no vote this evening. He noted that the petitioner had submitted the required proof that the notice of this hearing had been sent to the adjacent property owners. John Betor reviewed his application with Council members. He said there are several very expensive hotels in the Saratoga Springs area and the type of hotel that he was proposing was more moderately priced. He said it is nearly impossible to find reasonable rates in the downtown area because of the price of land and this hotel will offer reasonable rates for travelers. He said the proposed hotel chain Microtel is eager to work with the community to achieve the appropriate design for the City. He said they are also proposing depth to this site by carrying it around the corner. He explained that there are some impediments in this area that will not allow for the full maturity of the neighboring lands (wetlands, slopes, state owned, flood plain, etc.). He then displayed a zoning map overlaid with the comprehensive map. He said this proposal is not in conflict with the comprehensive plan. He said this was an ideal proposal for this area of the City. He said the comprehensive plan makes for a beautiful design on paper, but it was simply not practical considering the existing uses in the area. He said this project would bring in approximately $380,000 in taxes to the City and school district and that was money that would be brought in without increasing the student load, adding more roads to be plowed, etc. He said the $380,000 would be a significant impact. John Betor said with more than 9,000 parcels in the City only 18 are similarly split zoned. He said those statistics alone show that it would not have a significant impact. He said this parcel has been marketed for 17 years with no interest in purchasing it for residential use. He said he is proposing to construct this hotel, develop some light foot traffic and to also hide the parking area. He pointed out that very small lots in the inner district are going for as much as $50,000 while this lot was selling for approximately $150,000. He then displayed an aerial photo the site. He explained that the visual impact would be minimal because of how and Page 1 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 where the building would be constructed. He said there is a rather long site distance along this strip, but the building would be set back far enough so that it would not be seen until the vehicle was quite close. Mayor Kenneth Klotz opened the public hearing. Teresa Hammer, President of Local #471 Hotel, Restaurant and Bartenders Association, said she was here this evening to support this proposal. She said it was good for the community and the workers to have a proposal such as this. She said it was also wonderful, that a fine upstanding citizen of this community was willing to undertake such a project. She said the Planning Board should take applications from citizens of this community seriously. She said she represents hundreds of local union members and she urged the Council to support this proposal. Mayor Kenneth Klotz noted that he had received a letter from Don Capersak, NYS State Park on this matter. John Baker said he has owned this parcel since 1986 and it has been on the market for nearly 17 years. He said he has not had a solid offer in more than 12 years and it had simply become a hardship. He said the City encourages tourism and the more hotels the better it would be for the community. He said this was a good project and he urged the Council to support it. Dick Vale said he owned the parcel across the street from this proposed project. He said he was concerned about the lack of City sewer in this area. He said he supported the applicant bringing sewer lines to this area, but he did not want to pay for it. He said he also supported paving of Driscoll Road but did not want to pay for it. He noted that during the summer there were problems with the water lines and he was without water on those days. He said the Planning Board has previously stated that there is a problem with water in this area and he was quite concerned on who would pay for these upgrades. 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 7:05 p.m. MAYOR =S OFFICE New Charter B Capital Budget Process Mayor Kenneth Klotz said the new charter calls for the expansion of the capital budget process beginning in 2004. He said rather than waiting he would convene the committee this year and have them go through this process as a trial run. He said this process is currently being somewhat followed and it was simply being formalized through the new charter. Public Participation at Council Meetings B Resolution Mayor Kenneth Klotz said he would not propose a resolution this evening. He said he received some good comments and points from Commissioner Stephen Towne earlier today, but had not yet had the opportunity to thoroughly review those comments. He said he would review those recommendations and bring it to the Council in the near future. Commissioner Stephen Towne suggested that perhaps the public might be invited to participate in the formulation of a policy. Page 2 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 West Avenue SAD B Appointment (03-029) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to appoint Raymond Cote to the West Avenue Special Assessment District Board. He noted that there had been a letter of support from Matthew Jones, attorney representing the West Avenue SAD. Ayes all. Home Rule Request (03-030) Jeff Wait, City Attorney, read into the record the following: APursuant to Article IX of the Constitution, the City of Saratoga Springs requests the enactment of Assembly Bill #1781 entitled >An Act to amend Section 1202-g of the tax law, in relation to tourist home, inn, hotel or motel taxes in Saratoga County and the City of Saratoga Springs.= It is hereby declared that a necessity exists for the enactment of such legislation and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Such request is made by: The local legislative body of such local government, at least two-thirds of the total membership thereof having voted in favor of such request.@ Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded adopt the above resolution. Ayes all. Planning & Building Fee Increases/Assistant City Planner & Assistant Building Inspector positions Mayor Kenneth Klotz informed Council members that the proposed increases to both the building inspector=s office fees and the planning department need to forward to the County and City Planning Boards for an advisory opinion, therefore, he was withdrawing his request for an approval this evening. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to forward these proposed fee increases to both the City and County Planning Boards for advisory opinions. Mayor Kenneth Klotz said it was his intention to tie these proposed fee increases to the proposed additional staff in the building and planning departments. He said the additional revenue created by increasing these fees would fund these positions. He also noted that Sonny Bonacio, representing the Builders Association, wanted time to review these increases before the Council takes action. Stephen Towne said with the material distributed there was an analysis showing the proposed funding for the assistant planner position, however, one was not included for the building department position. He asked that it be forwarded to Council members. Mayor Kenneth Klotz said there was a financial analysis explaining that the proposed increased revenue was based on the existing applications multiplied by the proposed increase. Commissioner Michael Lenz said there was only an analysis included for the assistant planner position and he too would like to see the calculations for the assistant building inspector. He said he wanted to see the proposed revenue stream, the cost of a new assistant building inspector and how that would play out. He said it was also important that the Builders Association be included in these discussion. Mayor Kenneth Klotz said based on his experience with the builders, this is what they have been asking for conceptually, but they did want time to review the proposal. Ayes all. Community Land Preservation Committee B Jeff Olson presentation Jeff Olson, 10 Clark Street, representing the Community Land Preservation Committee, reminded Council members that last May the voters approved the referendum in connection with land preservation. He said he Page 3 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 chairs the committee that will make recommendations to the Council. He said their charge was to develop criteria and make recommendations to the Council on land preservation matters. Jeff Olson distributed to Council members a draft working document which they had been working on which develops the criteria on which the parcels would be rated. He said this document was not yet ready for public review. He asked that Council members take a look at the document and make suggested modifications to the committee before their next meeting date of March 11. Jeff Olson said there are no fixed deadlines within the open space legislation. He said if something should come along this year they would return to the Council with a recommendation. However, it could be longer. He said it was their plan to leverage a project=s funding to its maximum ability. Jeff Olson reminded Council members that this committee can only make recommendations to the Council and does not have the ability to make purchases. Commissioner Stephen Towne asked if other land preservation groups had been contacted. Jeff Olson said most of what they have developed has come from the City=s legislation. He said one of the criteria is that the project must comply with the City=s open space plan. He said at their next meeting they will do a sample rating process on conceptual projects to see how this works out. Mayor Kenneth Klotz thanked Jeff Olson for his presentation. It was agreed that any suggested changes to the draft document could be forwarded directly to Jeff Olson or through the Mayor=s office. Letter from Chekhov Mayor Kenneth Klotz read a letter from the Mayor of Chekhov expressing their condolences for the recent Columbia shuttle catastrophe. ACCOUNTS City Council Meeting Minutes B February 4, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the February 4, 2003, City Council meeting minutes. Ayes all. Parking Tickets B Award of Bid Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for parking tickets to Moore North America for $107.39 per thousand (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Betor Zoning Amendment Commissioner Stephen Towne said due to a clerical error this zoning amendment application was not forwarded to the County Planning Board. Therefore, there would be no vote this evening and he proposed that this application be added to the March 18 agenda for further discussion. Page 4 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Fasig Tipton Zoning Amendment Commissioner Stephen Towne said the Council has received the advisory opinion from the City Planning Board on the zoning map amendment request from Fasig Tipton to change the zoning designation on their property at 141 George Street from Urban Residential-3 to Institutional Horse Track Related. He proposed that the required public hearing on this amendment be held on March 4, 2003 at 6:35 p.m. Executive Session B certiorari matters (03-031) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adjourn to executive session for certiorari matters at 7:35 p.m. Ayes all. Council members returned at 8:00 p.m. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the retainer agreement with Bartlett, Pontiff, Stewart and Rhodes, P.C. in the matter of the Niagara Mohawk vs. City of Saratoga Springs litigation. Ayes all. Martin Aufferidou, attorney representing the firm, said he has worked in the municipal law area for more than 14 years and has extensive experience in property tax law. He said he has worked with Larry Farbstein, appraiser, on several occasions. He said his firm has represented municipalities such as the Towns of Moreau, Argyle, Warrensburg and a number of school districts including Glens Falls, Fort Ann and Lake George. He said real property tax law is a large part of their practice and he believed they could represent the City quite well in this litigation. He said he understood there was a common defense with the school district on this matter and he had previously worked with their attorney Dick Mullaney. Mayor Kenneth Klotz asked about the firm=s philosophy. Martin Aufferidou said it was their philosophy to work closely with all of the parties including the school district=s counsel. He said a team approach works well. He said there may be differing interests and strategies, however, ultimately a common defense and approach was best. He said it is generally the case that the school district has a much higher stake in the matter but the City, as the assessing unit, has the obligation to defend its assessment. Ayes all. FINANCE DEPARTMENT Payroll B Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following payrolls: February 7, 2003 B $333,068.45 and February 14, 2003 B $357,843.13. Ayes all. Warrants B Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 6DEC02 -- Warrant 2-8 General Fund $ 28,230.20 City Center Authority -0- Water Fund 32.96 Sewer Fund 23.01 Capital Project 55,335.54 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Page 5 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Community Development 3,519.11 $ 87,140.82 2FEB03 - Warrant 2-29 General Fund $ 191,888.80 City Center Authority 6,198.32 Water Fund 8,503.47 Sewer Fund 1,394.65 Capital Project 327.98 Special Assessment District 200.00 Trust Fund -0- Debt Service 350.00 Community Development 14,884.00 $ 223,747.22 MC020212 - Warrant 2 - 3 General Fund $ 21,902.20 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 21,902.20 MC030212 - Warrant 2 - 7 General Fund $ 87,978.44 City Center Authority 649.24 Water Fund 6,716.99 Sewer Fund 341.74 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 17.09 $ 95,703.50 MC021803 - Warrant 2 General Fund $ 600.00 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Page 6 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Trust Fund -0- Debt Service -0- Community Development -0- $ 600.00 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley 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. Report WASAD Annual Accounting (03-032) Deputy Commissioner Christine Gillmett-Brown reminded Council members that in June 2001, the Council passed a resolution which charged the Finance Department with providing an annual accounting of the West Avenue SAD and that accounting had been distributed to Council members. She then reviewed the costs of the West Avenue project noting that order on contract #7 was being contested and it was likely the City would not have a final outcome for a few years. Mayor Kenneth Klotz clarified that the state and the City concurred on the same side of the dispute. Deputy Commissioner Christine Gillmett-Brown said yes. She then informed Council members that to date the City=s share of that project had been $1.4 million which would be split with the West Avenue SAD at $715,000 a piece. She said the City has issued two bonds to fund the full amount noting that one of the bonds was for 15 years and the other was for 25 years. She explained that the West Avenue SAD would pay back the City at 5 1/4 percent over 25 years and they have a current balance of $707,000. She said the annual payments were approximately $51,000. She said if the lawsuit should not have a favorable outcome, that amount would also be bonded. Commissioner Michael Lenz said in 1993 an escrow account in the amount of $125,000 had been established by the owners of the Grand Union Plaza. He said at that time the property owners were anxious to get their certificate of occupancy for the building so it was negotiated through site plan review that these funds be placed in escrow and be used for off site drainage to the north while the West Avenue project was underway. He said that work had been incorporated into the overall West Avenue project. He said the City anticipates redeeming that certificate of deposit in April 2003. Commissioner Michael Lenz said it had been requested by the West Avenue SAD that the $125,000 be shared equally between the City and the SAD. He said he had spoken to Jeff Wait, City Attorney, about this request and it was Jeff Wait=s opinion that it would be appropriate from a legal perspective to share these funds. Commissioner Thomas McTygue clarified that these funds would be applied to the bond payment. Commissioner Michael Lenz said yes. Commissioner Thomas McTygue asked if the City could pay in advance on this bond. Deputy Commissioner Christine Gillmett-Brown said no. She said the City would hold this money in another account and then use it to make the payment when it comes due. Commissioner Thomas McTygue asked if the City would hold the entire amount. Deputy Commissioner Christine Gillmett-Brown said yes. She said the City could choose to apply its share to the payment all at one time or it could be spread over the life of the bond. Matthew Jones, Attorney representing the West Avenue SAD, agreed that the City would hold the funds and it was simply a matter of the arithmetic. Page 7 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded that the escrow account which comes due in April be equally credited between the City and the West Avenue SAD with the SADs portion to represent their share of yearly payment. Ayes all. Police and Fire Retirement Pension Fund Commissioner Michael Lenz informed Council members that his office received a letter today from the state comptroller=s office which did not have good news. He said the City=s budget was developed on numbers that they had been provided by the comptrollers officer in August 2002, however, because of the continual decline in the stock market it will now cost the City more. He said the comptroller=s estimates are now based on the assumption that the stock market will return to the April 2001 level. He said NYCOM has taken an interest in meeting with the state comptroller=s office to determine if there is a method for transitioning the payment. He said at this time, it appears that the City will owe and additional $1,052,000 than what was budgeted. He said this is a considerable amount of money that the City needs to make up. He said he would continue to keep the Council updated on this matter. Commissioner Stephen Towne asked if this was additional money that would need to be paid by the end of the year. Commissioner Michael Lenz said yes. He said its unfortunate that the City=s budget was developed with numbers that are no longer valid. He said, unfortunately, the City has no recourse and we must pay this amount. DEPARTMENT OF PUBLIC WORKS Scheduling of Household Hazardous Waste Day Commissioner Thomas McTygue said plans are underway for the City sponsored Household Hazardous Waste Day to be held on June 7, 2003. He said this represents the first time that the City has offered this opportunity for residents to dispose of hazardous material such as oil base paints, solvents, pool chemicals, household cleaners, etc. He said this event was being held as part of the Spring Run settlement between the City and DEC. He said this was a good agreement and this type of program was long overdue. He said Care Environmental has been selected as the firm the City will use for this project and a contract would be drawn up. He said there will be specific details on how this program will work and those details were still being developed. He said there would likely be a registration process. Commissioner Stephen Towne asked that the Insurance Department be kept informed of the event to ensure that appropriate insurance coverage was in place. Reproductive Cost of DEIS Copies B Approval Commissioner Thomas McTygue said the City will hold a public hearing on March 6 on the DEIS. He said it was necessary for the City to print copies of this DEIS for all interested parties and the amount for 25 copies was $12,721.25. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to pay Barton & Loguidice $12,721.25 for the cost of reproducing the DEIS. Ayes all. DEPARTMENT OF PUBLIC SAFETY Pet Owner Responsibilities B Discussion Page 8 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Commissioner Thomas Curley said they would be sending out a notice to pet owners in the City which will remind pet owners of the City=s regulations. He said this was an ongoing informational campaign that is being done in conjunction with the signage that was done last fall. Fire House Repairs B Discussion & Vote Debbie LaBreche, Assistant City Engineer, reminded Council members that there had been ongoing repairs at the Fire House on Lake Avenue over the last year. She said while undergoing these repairs the contractor brought it to their attending that water had been running within the west wall. She said the contractor has reconstructed that wall at a negotiated price of $10,000. She said the funds were available in the DPS budget. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the change order in the amount of $10,000 to Midstate Industries for the west wall repair at the Lake Avenue Fire House. Ayes all. Arts Council B Discussion & Vote (03-033) Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to reduce the rent to the Arts Council from $30,000 to $12,000, remove the escalator clause, suspend the maintenance fee for upkeep of the grounds, not require the replenishment of the capital budget line item, hold the $12,888 for future improvements and to have a more traditional relationship between the Arts Council and the City. Commissioner Michael Lenz said there has been a lot of discussion on this matter over the last several years. He said there was an argument from the Arts Council that they had put a tremendous amount of money into capital improvements in the building. He said he did not believe that the taxpayers of the City had an obligation to pay the rent of a private organization, however, he did believe that the City had an obligation to maintain the building. Commissioner Michael Lenz said this agreement began in 1996. He said in 2001 and 2002 the City forgave the rent for a savings to them of $60,000. He said the contract has a remaining four years and if this resolution was approved this evening there would be an additional rent savings of $72,000. He said in 1998, the City agreed to waive the $23,500 capital fee account cost for a total savings of $188,000. He said if this resolution was approved this evening the annual maintenance fee would be removed for an additional savings of $6,000. He said the total savings to the Arts Council over the life of this contract would amount to $326,000. He agreed they have put a lot of money in capital improvements to this building and they are a valuable asset to the community but this rent reduction amounted to approximately 60 percent. Commissioner Thomas McTygue moved to amend the motion and Mayor Kenneth Klotz seconded that beginning in March 2004 $2,000 of the annual rental fee of $12,000 be set aside in the capital account for this building until the capital account line item reaches $25,000. Commissioner Thomas McTygue said he had no concern with eliminating the annual grounds and maintenance fee but it was important to maintain a capital reserve account for the major work that would be upcoming. He said this was no different than the ice rinks which have capital accounts. He said the Arts Council building is going to require some work on the roof and this fund could assist in paying for those repairs. Commissioner Stephen Towne said there is value of having the Arts Council in this community. He said there are also other organizations that have value and they too plead for funding from the City. He said he believed this was a reasonable solution and he would support Commissioner Thomas McTygue=s proposed amendment. Page 9 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 18, 2003 Commissioner Michael Lenz said he too believed it was reasonable and he had no objection to Commissioner Thomas McTygue=s amendment. Ayes all on amendment to the motion. Mayor Kenneth Klotz said it would have been his preference to eliminate the rent because it was his belief that there might have been some danger in losing the Arts Council=s contributions to the community. He said while this was not his preference, he would support it. He said he hoped their funding would enable them to meet this lower rent obligation. He also said the City=s supervisors should be discussing this matter with the Saratoga County Board of Supervisors because this Arts Council is a county wide organization. Commissioner Thomas McTygue said he had recently gotten a telephone call from Steve Sullivan, The Olde Bryan Inn, offering to hold a fundraiser for the Arts Council. He said he was alarmed because of the governor=s proposed budget and it was likely that the Arts Council would lose some funding from the state. He agreed the City=s supervisors should talk to the County Board on funding for this organization. Commissioner Thomas Curley said he believed he had fulfilled his commitment to the Arts Council and this proposal would put them in a stronger financial position. Ayes all. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 8:55 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:55 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 10 of 10