City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 4, 2003 6:35 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 Weibel Avenue Moratorium Mayor Kenneth Klotz informed Council members that the required legal ad had not been placed in the local newspaper, therefore, this public hearing would need to be rescheduled. Council members agreed to reschedule it to March 18 at 6:45 p.m. Fasig Tipton Zoning Amendment Mayor Kenneth Klotz said this was a public hearing on a petition submitted by Fasig Tipton to change the Zoning designation on their property at 141 George Street and a portion of the alley behind the property from Urban Residential-3 to Institutional Horse Track Related. He said the required advisory opinion from the City Planning Board was favorable and was on file. He noted that the petitioner had submitted the required proof that the notice of this hearing had been sent to the adjacent property owners. Mike Toohey, attorney representing the applicant, said a portion of this land was purchased last year and another portion was recently purchased from the City. He said it was their plan to merge the parcels into the larger parcel and extend the track related district through these parcels. He said they have met with the neighbors most effected by this proposal (Clarks) at 135 George Street and they support this proposal. He said they spoke to them about the fence and their seemed to be no problem. He reminded Council members that the applicant had appeared before the City Planning Board and received a unanimous favorable advisory opinion. He said this proposal is consistent with the Comprehensive Plan. He said the proposed use for this land is to add more barns and a fence but the vast majority of the land will remain green space. Mayor Kenneth Klotz opened the public hearing. Joan O=Rourke said she called the City and was told that the applicant did not own the strip of land. She asked when it was purchased and how much it cost. She said she was also concerned that there would not be a gate in the fence. Mike Toohey said the applicant purchased the land on February 6 from the City for $1,000. He also said it was not a problem to add a gate to the fence. Page 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Water=s Edge Woodlands/ Zoning Amendment Mayor Kenneth Klotz said this was a public hearing on a petition submitted by the developer of the Water=s Edge/Woodlands Planned Unit Development District for a zone text amendment that would allow for a recreational area (instead of a horse barn) to be established within the PUD along Arrowhead Road. He said the required advisory opinions both from the City and County Planning Boards, which were favorable, were on file. He said it should be noted that the City Planning Board made a number of revision s in the text of the amendments and it is the Planning Board=s version of the amendments that is the subject of this public hearing. He also noted that the applicant had submitted the required proof that notice of this hearing had been sent to the adjacent property owners. Chris Carsky, attorney representing the sponsor of the development, said this proposal had been reviewed by the Planning Board and a number of the Planning Board=s concerns had been incorporated. She said pursuant to an agreement with the HOA, the sponsor agreed to file this petition for amendment. She pointed out that this proposal is consistent with the City=s Zoning Ordinance and she requested that the Council approve this proposal. Dave Carr, The LA Group, displayed a map of the entire Water=s Edge PUD. He said this PUD was approved in 1987 and revised in 1991, 1992 and 1998. He said they recently made an application with the Planning Board for phase 11 which is the final phase. He said both phases 10 & 11 have 22 single family lots for a total of 44 lots. He said originally phase 10 had 26 lots, however, it had been scaled back slightly. Dave Carr said the sponsor was agreeable to moving the entrance to this recreation area from the Arrowhead Road to Tyler Drive. He said that will maintain a 140 foot buffer along Arrowhead Road. Mayor Kenneth Klotz asked how many units there were in phase 10 and 11. Dave Carr said a total of 44 between the two. Mayor Kenneth Klotz asked what was the total build out for Water=s Edge. Dave Carr said it was near 304. He said the original PUD was for 350 units. Mayor Kenneth Klotz opened the public hearing. Bob Pascuillo, 1 Beach Court, President of the HOA, said there are now 250 families within this development. He said the role of this recreation area will not be the same as the primary recreation area. He said this recreation area will be used by the 44 families within these two phases. He reminded Council members that the primary recreation area has an athletic pavilion which has indoor racquetball, tennis courts, sauna, pool and a room for parties. He said during the summer, they also have a 4,500 sq. ft. pool, 75 boat slips, 3 tennis courts and a picnic grove. He said this smaller recreation area will be very quiet with passive use. He also pointed out that many of the homes in phase 10 will have their backyards abutting this recreation area. He said it would be open only during the summer and will simply compliment the use of the existing primary recreation area. He urged the Council to approve this application. Commissioner Thomas McTygue asked if the HOA needed to vote on this proposal. Bob Pascuillo said they already have and had an 84 percent positive vote. Constance Carol, 65 Arrowhead Road, read into the record a letter from Michael & Ruth Perkins, 19 Tomahawk Lane, expressing their concerns in opposition to the proposed amendments for the following reasons: a) they believed it would be a physical intrusion into the established neighborhood; b) the access road along Arrowhead Road would direct traffic out of the development, through her development and then into the Recreation area which would increase traffic by her home; c) it could possibly be a neighborhood hangout with unsupervised children; d) concern about the Adawn to dusk@ hours; e)increased traffic concerns. They asked the Council to not approve this application. Page 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Pam DelVechio, Arrowhead Road, said she did not believe this recreation area was necessary because they already have one. She said she was also concerned about the increased amount of traffic because of this new area. She said there was no reason to allow this recreation area. Jim Walsh, 65 Arrowhead Road, asked about supervision of children under the age of 14. Bob Pascuillo said it was an HOA rule that no children under the age of 14 were to be unsupervised. Jim Walsh thanked the City Planning Board for addressing some of his concerns. He said, though, he did not believe this was a good use for this parcel. He said he was concerned with the Adawn to dusk@ hours and suggested they be changed to Asunrise and sunset@. He said Asunrise and sunset@ are more defined. He said his main concern was that the text of this ordinance be tightened up. He said sidewalks should be constructed and asked that the Council make the decision on that this evening and not send it back to the Planning Board for them to decide. Niko Gjaja, 43 Cliffside Drive, said supervision of children is needed. He said this was a small recreation area and he urged the Council to approve this request. John Wealth, 32 Arrowhead Road, agreed that sidewalks were needed in this area. He said it was a safety issue and the Council needed to address this. Kelly McGooghlan, 42 Vista Drive, Secretary for the Board of Directors for the HOA, said she supported the approval of this recreation area. She said it was not the intent of the HOA to create an adverse relationship with the neighbors along Arrowhead Road. She said this recreation area would be a small ancillary, passive area that would not be intrusive to those living nearby. John Klopstock said he purchased his townhouse in this development in 1988. He said the original developer for this area had different ideas for the recreation area but the community had now changed. He said he believed this recreation area was much safer for the nearby neighbors than the originally proposed barn. He said this was a good use for this parcel and urged the Council to support it the proposal. Chris Carsky said the sponsor of this project would like the language on the second page of the revised text to read that the during site plan review the Planning Board may require the installation of a sidewalk. She said they did not want it to read that the developer would install the sidewalk. 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 7:00 p.m. with the Pledge of Allegiance. MAYOR =S OFFICE Recreation Department B Approval of 2003 Fees Bob Spratt, Chair Recreation Commission, asked that this item be withdrawn. He said he wanted the opportunity to meet with all of the Commissioners before voting. He said it was his intention to bring this back to the Council at the March 18 meeting. Recreation Department B Approval Part-Time/Seasonal Salaries 2003 (03-034) Bob Spratt said the Recreation Commission was proposing to raise the hourly salary from $7 to $8 in hopes of recruiting a more attractive group of applicants. He said this increase would simply make the wage more competitive. He said this funding was included in their budget. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the increase in salary for part time seasonal employees from $7 to $8. Ayes all. Page 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Recreation Department B Late Registration Fee Penalty (03-035) Bob Spratt said it had been difficult for the Recreation Department to schedule programs with so many late registrations. He said it had become a nightmare for scheduling and increased overtime. He said due to those problems, the Recreation Commission was recommending that the Council approve a late payment penalty of $10 for all programs. He said this was not intended as a revenue producer but rather a simple penalty that might encourage registrants to get their material in on time. Mayor Kenneth Klotz said this item was not on his agenda this evening, however, if Council members had no objections, he would bring it forth for a vote. There was no objection. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the late payment penalty of $10 for registrations received after the deadline. Ayes all. Recreation Department B Existing and Seasonal Part Time Salaries (03-036) Linda Terricola asked that the Council also approve the existing and seasonal part time salaries. She said the only difference between those presented and last year was an increase to the assistant skate guard supervisor to $8.50/ hours. She said all other salaries remain the same. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the overall salary schedule as presented (Attachment A). Ayes all. Street Numbering Changes B Approve Mayor Kenneth Klotz withdrew this item from discussion. City Engineer=s Office Renovations B Change Order 1 and 2 B Approve Mayor Kenneth Klotz withdrew this item from discussion. Fee Increases Building and Planning Departments B Request Public Hearing Mayor Kenneth Klotz said this item had been referred to both the City and County Planning Boards for advisory opinions. He noted that the County Planning Board had responded that under General Municipal Law it was not required that they review this proposal. He said the City Planning Board planned to review this issue at their March 5 meeting. He then requested that a public hearing be set for March 18 at 6:30 p.m. Commissioner Stephen Towne said there were some items raised at the last meeting and a request was made that information be forwarded to Council. He also asked if there had been any communication yet from the Saratoga Builders Association on their thoughts about raising the fees. Mayor Kenneth Klotz said the Saratoga Builders Association will have some information available for Council members at the next meeting. Commissioner Mike Lenz said there had been an analysis done by the Planning Department on the proposed fees in relationship to a new assistant planner. He said it would be helpful if a similar analysis could be done by the building department. Mayor Kenneth Klotz said he understood that there was some confusion from Council members and unfortunately it appeared that some of their packets did not have all of the information included. He said that analysis had been done and it would be distributed. Crime Victim=s Rights Week B Proclamation (03-037) Mayor Kenneth Klotz announced that the week of April 6 would be Crime Victim=s Rights Week. Page 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Saratoga Hospital Cancer Radiation Therapy Center B Letter of Support Mayor Kenneth Klotz informed Council members that The Saratoga Hospital was planning to add cancer radiation therapy center. He said there is quite a bit of support throughout the community including Senator Joe Bruno. He said he had been informed by Mike Valentine, Senior Planner, Saratoga County, that The Saratoga Hospital would appear before the County IDA. Mayor Kenneth Klotz said he planned to write a letter of support to the County IDA for this new center and thought it should come from the whole Council. Council members agreed. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to authorize the Mayor to write a letter of support for the new cancer radiation therapy center planned for The Saratoga Hospital. Ayes all. Board of Assessment Review B Appointment (03-038) Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded the appointment of Bill Walbridge to the Assessment Review Board. Ayes all. South Broadway Capital Construction Costs B Approve (03-039) Paul Male said this was a project that had been on the books since the late 1980s. He said it only very recently got an approval from DOT for funding. He said they need a resolution from the Council authorizing the hiring of Barton & Loguidice for consultant work. He said the funding is at 80 percent from the federal and 20 percent from the City with no funding approved from the state. He said the state has approved the scope of services for this project. Paul Male said this project consisted of rehabilitation and restoration of the South Broadway corridor running from the Adirondack Trust Company to Stewarts. Deputy Commissioner Christine Gillmett-Brown said this project was not included in the 2003 budget. She said, though, it appears that little of the costs for this project will be incurred this year. She then reviewed the cost of this project as follows: $220,000 for construction plans specifications; $17,200 for inspection services and $23,000 for change orders for a total of $260,200. She said she would like the Council to authorize the entire amount so that she could ask the bond counsel to begin working on this. Commissioner Michael Lenz pointed out that if the state chooses to participate in the project there would be a reimbursement from them for 15 percent. Commissioner Thomas McTygue asked how much would be spent this year. Paul Male said it would be very little. Mayor Kenneth Klotz asked exactly what was the request. Deputy Commissioner Christine Gillmett-Brown said she would like to ask the bond counsel to prepare documents showing the entire dollar amount of $260,200. She said that would be the maximum amount that could be borrowed. She noted that in the short term, short term notes could be issued. Commissioner Michael Lenz asked what was the nature of the work. Paul Male said it would include sidewalks, curbs, tightening up curb cuts, lighting and drainage. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Council approve the maximum bond amount of $260,200 for the South Broadway project. Ayes all. Illegal Trucks B Discussion Page 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Mayor Kenneth Klotz said at one time there was a STAR committee that was charged with investigating the traffic problems. He said they concluded their work in 2000 with a series of recommendations to the Council. He said that one of the recommendations was to hire additional staff for enforcement. He said it was his understanding that there would be regular reports to the Council on truck traffic enforcement. He said he frequently gets calls from concerned citizens and he would like to see some regular reporting on this matter. Commissioner Thomas Curley said if his question had been answered yesterday, when his deputy called the Mayor=s office to find out what this item was on the agenda, he would have been prepared to make a presentation. He said not knowing what the Mayor was looking for he was not able to prepare. Mayor Kenneth Klotz said one of the concerns was the 53 foot trucks that travel through the City. Mayor Kenneth Klotz said this did not need to be addressed this evening and if Commissioner Thomas Curley would like to discuss this at the next meeting that would be fine. Chamber Respite Program --Report Mayor Kenneth Klotz said he had received correspondence from Joe Dalton, Saratoga County Chamber of Commerce, thanking the community for participating in the respite program for the New York City Police and Firefighters. He said that this was a great gesture on the community=s part. ACCOUNTS DEPARTMENT City Council meeting minutes B February 18, 2003 B approval Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the February 18, 2003, meeting minutes. Ayes all. Award of Bid -- Flowers & Supplies Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for flowers to Dehn =s per their prices (only bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Grass Seed Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for grass seed to United Horticultural for various prices(low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Port-a-John Rental Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for port-a-johns to Portable Restroom Rental for various prices (low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Field Marking Lime Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for field marking lime to Allerdice per their Page 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 price of $3.19 per bag (low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Grave Marking Flags Upon the recommendation of the Mayor =s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for grave marking flags to East Coast Flag & Banner in the amount of $1,796 (low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of RFP B High Voltage Repair Equipment Repair Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the RFP for High Voltage Equipment Repairs to High Voltage Electric Service for repair of breakers at $8,000 and for future scheduled repairs and availability of 24-hour emergency service. Repairs on high voltage equipment is a highly specialized field. The Purchasing Department sent the RFP to four firms specializing in this field resulting in one response. This is a public works contract and is in compliance with the current guidelines. Ayes all. Commissioners of Deeds Commissioner Stephen Towne announced the appointment of the following individuals as Commissioners of Deeds with a term of two years: James Cornick, Michael Salisbury, Michael Kyne and Edward Moore, all in the Police Department. Fasig Tipton Zoning Amendment B Vote (03-040) Commissioner Stephen Towne reported that the Council had received a favorable advisory opinion on the proposed zoning map amendment from the City Planning Board noting that a) the proposed text and map amendments are not contrary to the general purpose and intent of the zoning ordinance provided that the petitioner merge this currently substandard sized lot with their larger tax parcel and b) the proposed test amendments are in accord with the Comprehensive plan which designated this area ATrack and Facilities. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded for the issuance of a negative SEQR declaration and for the adoption of the zoning amendment as proposed. Ayes all. Water=s Edge/Woodlands Zoning Amendment B Vote (03-041) Commissioner Stephen Towne said that the Council had received a favorable advisory opinion from the City Planning Board on revised text of the proposed amendments to the Water=s Edge/Woodlands at Saratoga Lake Planned Unit Development District. He said it should be noted that the City Planning Board had revised the text of the proposed amendment and they found that: a) the proposed revised text and map amendments are not contrary to the general purpose and intent of the zoning ordinance and b) the proposed text amendment are in accord with the Comprehensive Plan. The County Planning Board also issued a favorable advisory opinion. He further noted that the City Planning Board revisions included specific text which limited the hours of operation to daylight hours, it kept the option open for the installation of a sidewalk along Arrowhead Road for safety purposes, limited the number of parking spots to 12 and it changed the location of the access drive from Arrowhead Road to Tyler Drive. Commissioner Stephen Towne said there were also some items that need to be addressed concerning the letter from the Perkins family. He said they were concerned about the access road. Dave Carr said that issue had been addressed by moving the access road from Arrowhead Road to Tyler Drive. Commissioner Stephen Towne clarified with Bob Pascuillo said that children under the age of 14 were not allowed in the recreation Page 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 areas without supervision. Bob Pascuillo said yes. Commissioner Stephen Towne said there may be some legal distinction between daylight hours and sunrise to sunset but he suggested that the signage be consistent with signage in the City=s existing parks. Bob Pascuillo agreed. Commissioner Stephen Towne asked about the sidewalk concerns. Chris Carsky said she would like to see the language removed from the ordinance that makes the developer responsible for installing the sidewalks. She said they support having sidewalks installed, but the developer did not want to pay for them. Commissioner Stephen Towne asked who would make the determination on who would install the sidewalks. Geoff Bornemann said the ordinance is currently structured so that the applicant will return to the Planning Board and during that process, the installation of the sidewalks will be a negotiated matter and the approval would be conditioned on that installation. He said the developer was only suggesting that the text be changed to read that the Council Ashall require the installation of sidewalks@ and not make the determination on who would pay. Commissioner Thomas Curley asked how much it would cost for the sidewalks. Chris Carsky said the preliminary numbers are about $20,000. Dave Carr said it was about 1,000 feet. He said the cost could be more if hydrants needed to be moved. Bob Pascuillo said when the HOA voted on this matter, they did not discuss sidewalks and he was not in a position at this time to say that the HOA would pay for them. Elliot Loeb, 1 Lakeview Road, said the vote of the HOA did not include any discussion on paying for sidewalk installation. He said if the language in the ordinance directs the HOA to pay for the sidewalks, it would not be received well. He said the language should not be changed so that the HOA pays for the sidewalks. Commissioner Stephen Towne said he was not suggesting the HOA pay for the sidewalks. He said he just wanted to be sure that the sidewalks are required. Mayor Kenneth Klotz asked if there was an escrow account to draw on. Chris Carsky said the developer reached an agreement with the HOA that if they received an 80 percent affirmative vote on this matter, the developer would make an application to the City for the amendment to the PUD. She said during those negotiations, a dollar amount had been negotiated between the two parties. Commissioner Thomas Curley asked about the 25 parking spaces. Dave Carr said the 25 spaces was not part of this amendment. He said those were the maximum amount of spaces allowed at the end of Arrowhead Road. He said that number was dropped to five during phase 10. He explained that this amendment included 12 spaces within the recreation area. Geoff Bornemann said the original legislation authorize up to 25 spaces but when it came back to the Planning Board for amendments they determined it should be up to five at this time. He said it was his understanding that the Planning Board would like to keep their option open to allow up to 25 spaces in that area. There was then discussion an amount somewhere between 5 and 25 spaces. It was determined that 5 would be the maximum number. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to move for the issuance of a negative SEQR determination and for the adoption of the zoning amendment as proposed by the Planning Board with the following modifications: include the language that the installation of sidewalks along one side of Arrowhead Road between Vista Drive and Tyler Drive be required, the hours for the park shall be consistent with the hours of other City parks and the required number of parking spaces for the offsite parking facility for the trail system in the archaeological park be changed from 25 to 5 spaces. Mayor Kenneth Klotz said this is the classic dilemma of growth. He said when this original PUD was adopted, this area was much more rural. He said the Council needs to be sensitive and responsive to the new owners as well as honoring the concerns of the people who have lived in this area for quite some time. He said issues such as traffic, parking, public safety services, etc., continue to come up. He said this development is the legacy to a decision made 16 years ago and the Council will continue to wrestle with issues like these. Ayes all. Betor Zoning Amendment -- Vote (03-042) Commissioner Stephen Towne said the City Planning Board reviewed the proposed Betor Zoning Amendment application to change the zoning at 1-19 Driscoll Road from Rural Residential-1 to Tourist Related Business Page 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 District on July 24, September 25 and December 18, 2002. He said during that process the applicant revised the development proposal for the property and at the Planning Board=s meeting on December 18, the Planning Board voted 6-1 to issue an unfavorable advisory opinion on the proposed zoning map amendment for the following reasons: 1. The proposed map amendment is not in accord with the Comprehensive Plan. The Betor property is currently designated as AConservation Development District@ in the Comprehensive Plan. The Planning Board believed the proposed boundary adjustment is a significant change that cannot be interpreted as being consistent with the Comprehensive Plan. 2. The Planning Board also believed that development on the applicant=s parcel would require significant investments in infrastructure that may not be warranted in this area of the City. 3. The Planning Board believed there should not be expansion of the outlying commercial zoning district because the Comprehensive Plan calls for new commercial development to be focused in the existing Special Development Areas. Commissioner Stephen Towne also informed Council members that the County Planning Board reviewed this application and concurred with the City Planning Board=s unfavorable advisory opinion. Therefore, due to the County=s unfavorable advisory opinion a majority plus one vote is needed (four votes). Therefore, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to deny this application for a zoning amendment for John Betor at 1-19 Driscoll Road from Rural Residential-1 to Tourist Related Business District. Commissioner Stephen Towne said this was the first time that he had been faced with a situation such as this. He also noted that there had been a letter from the New York State Office of Parks & Recreation which expressed concerns about this project. He said due to the opinions expressed by these organizations he would not support this proposal. Mayor Kenneth Klotz credited the applicant for good will and good faith in developing this project, but in light of the negative opinions from both of the Planning Boards, he said he would not support it. Commissioner Michael Lenz said he personally knew John Betor and believed he had good intentions, but he also believed that there were more appropriate areas in the City where this could be located. Commissioner Thomas Curley said he had spoken to the applicant about this project and it would be difficult to not support the proposal, but because of the opinions expressed by the Planning Boards and feedback from the community, he too would not support the request. Ayes all. Reappraisal B Vote (03-043) Commissioner Stephen Towne said his department recently conducted a survey of sales in various neighborhoods throughout the City. He said in that review of over 100 sales they were looking for uniformity. He informed Council members that in some cases, the cost of the house had doubled while in others there were just moderate increases. He said there is a growing disparity in sales throughout the community. Commissioner Stephen Towne said his department sent out an RFP in December 2002 to seven vendors, two came to the preproposal meeting and four submitted quotes. He said before the RFP was distributed, it was reviewed by several departments here in City Hall as well as the County and NYS ORPS. He said a meeting was held on February 28 with the low bidder Cole, Layer & Trumble who had a bid of $251,000 which was $47,000 less than the next lowest bidder. (The next lowest bidder is not on the approved list supplied by the state). He reminded Council members that CLT performed our last reappraisal process in1998 and they are very familiar with our City and our parcels. He said when CLT performed the last reappraisal the cost was $325,000 and this new quote was about $75,000 less than that amount. He also noted that later this year we will upgrade the Real Property Service Program software to version 4 which will allow us to take advantage of the state=s newest technology. Commissioner Stephen Towne said we have a budgeted amount this year of $160,000 which will cover the costs incurred during 2003 for this process. He said there will need to be additional funding made available Page 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 during the 2004 budget process to pay for the remainder. He said he expects to receive reimbursement from the state in the amount of $45,000 in the fall of 2004 for this reappraisal. He said that according to Real Property Tax Law Section 305 which seeks to ensure that all real property is to be assessed at a uniform percentage of value, the City must address our current situation. He said the City>s equalization rate and the trends of residential assessment ratio have been declining within the community. He said this combined with the fact that the coefficient of dispersion is not in compliance with state guidelines has brought us to the point where our assessed values relative to the market have begun to create disparity of values within the community. He said all of this combined would indicate that a reassessment is necessary and in his role as assessor, he must ensure that we are applying community wide uniform standards of assessment. Therefore, Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to engage Cole, Layer & Trumble to perform this reappraisal process and that the Mayor be authorized to sign the contract with CLT in the amount of $251,000 subject to review by the Accounts Department and the City Attorney =s Office. Commissioner Thomas McTygue asked if Commissioner Stephen Towne had yet been certified by the state. Commissioner Stephen Towne said he is required to be certified by the end of this year and he was undergoing that certification at this time. Commissioner Thomas McTygue asked if there was any problem with the City not having a certified assessor at this time because he did not believe that the Assistant City Assessor was certified. Commissioner Stephen Towne said he believed he was, but would follow up on that matter. Commissioner Thomas McTygue asked about the $5 per parcel fee. He noted that the City apparently missed the deadline for that funding and did not get any this past year. Commissioner Stephen Towne said there was no deadline. He said it had to do with the City=s ability to maintain a uniform measure of assessment. He said the first two years after the 1998 assessment the roles were maintained, however, it had deteriorated over the last few years and the City had exceeded the threshold for that funding. Commissioner Thomas McTygue asked about the six year cycle and why was the City not taking that route. Commissioner Stephen Towne said once the role is updated the six year cycle could be done, however, at this time the role had deteriorated so that it required a full reappraisal. He said it was his plan to establish and annual maintenance process once the role was updated. He said if the role is maintained the funding from the state of $5 per parcel would bring in about $45,000. He said that money could be used to hire an outside firm and an additional staff member to maintain the roles. He said he would work very closely with ORPS on this matter. Commissioner Thomas McTygue said that he had been contacted by a resident concerning his school taxes. He said it was his understanding that there was some issue with increasing taxes. Commissioner Stephen Towne said he was not aware of any mailing that went to school district residents concerning taxes. He said that perhaps it had something to do with being a certified school district. He asked that if there was a document, Commissioner Thomas McTygue forward it to him. Commissioner Stephen Towne explained that in order to be a certified school district, all towns and the City must maintain their roles. He said it was his understanding that both Milton and Greenfield have updated roles and that the Town of Wilton will be undergoing a reappraisal process at the same time that the City will. Mayor Kenneth Klotz said the City could hire CLT to perform the six year cycle program. He asked if the City was committed to this full amount. Commissioner Stephen Towne said in his discussions with NYS ORPS, they have informed him that they believe that the maintenance/six year cycle program works if the role is up to date. He said the City=s role had deteriorated to a point that it would not be possible to maintain/update on that cycle. Ayes: three; Nays: two (Mayor Kenneth Klotz and Commissioner Thomas McTygue). Motion carried. Page 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Commissioner Stephen Towne asked for an explanation as to why they both voted no. Mayor Kenneth Klotz said he was not persuaded that the City needed to have this expense at this time. Commissioner Thomas McTygue said the vote had been taken and there was no further need for discussion. Safety Committee Commissioner Stephen Towne reminded Council members that on December 3, 2002, he had announced the formation of the City=s Safety Committee. He said members on that committee include the City=s Risk Manager, Deputy Commissioners, Deputy Mayor, Human Resources Administrator, City Engineer, Lee Miller, NYMIR, Bob Hartman, Saratoga County, Safety Officer and Harry Buccifero, Capital Risk Management/Marshall & Sterling. He said that Lee Miller, NYMIR, serves as chair of that committee on an interim basis until the Risk Manager is hired. He said they were charged with establishing goals for 2003, reviewing the City=s safety policies and guidelines, reviewing their role as an Accident Review Board and discussing a Safety Incentive Program. Commissioner Stephen Towne said the Safety Committee had met twice so far and have set specific goals on dealing with loss history and auto claims being the primary focus at this time. He said he hoped that after their next meeting there would be specific recommendations to the Council on vehicle usage including: who is driving, training, training, check lists, vehicle inspections, etc. He said at this time most departments are using some type of check list and this would formalize what is already taking place. Lee Miller, NYMIR, and Harry Buccifero, Capital Risk Management/Marshall & Sterling reminded the Council members that a Safety Policy had been adopted the Council and distributed to all employees. They said that after their March 27 meeting they would have recommendations for the Council on a fleet safety program. Harry Bucciferro also informed Council members there would be a conference sponsored by NYMIR in connection with the Association of Towns, Counties and NYCOM will be held here in Saratoga Springs in later March on recreation related insurance matters. Risk Manager B Update Commissioner Stephen Towne informed Council members that he had recently advertised the position of Risk Manager which was approved at the November 4, 2003, Council meeting. He said that position was established through the consolidation of the part-time Risk Manager (currently vacant) and the Insurance Coordinator positions (soon to be vacated). He said with the consolidation of these two positions the new Risk Manager position will be cost neutral. He encouraged interested individuals to submit resumes to his office by the end of the week (March 7 deadline). Mayer Kenneth Klotz asked when would the Risk Manager position be filled. Commissioner Stephen Towne said he hoped to fill it by the end of March. Cost Control Associates B Inform Commissioner Stephen Towne said on December 3, 2002, the Council approved the contract with Cost Control Associates. He said since that time they have been reviewing the City=s invoices for cost saving from various vendors in several areas including: natural gas, electricity, propane gas, telecom local services, telecom long distance services, telecom wireless services -- cellular/PCS, telecom wireless service pagers, telecom Internet access and telecom equipment maintenance. Commissioner Stephen Towne said it had come to his attention that some of the departments in City Hall would like to develop a better relationship with Cost Control Associates employees. He said he had asked Deputy Commissioner Debbie Harper to arrange a meeting. He said she will call the various departments to coordinate a meeting with Keith Laake and others from Cost Control Associates. He said if there are any Page 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 procedural questions or concerns that you may anticipate or have experienced, please contact Deputy Commissioner Debbie Harper within the next few days. FINANCE DEPARTMENT Payroll B Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: February 7, 2003 B $357,709.37 and February 14, 2003 B $361,390.94. Ayes all. Warrants B Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 1MAR03- -- Warrant 2-8 General Fund $ 151,510.48 City Center Authority 10,110.62 Water Fund 3,873.99 Sewer Fund 1,867.88 Capital Project 19,971.06 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 11,181.34 $ 198,515.37 MC030226 - Warrant 2-7 General Fund $ 21,644.77 City Center Authority 21,057.69 Water Fund 93.71 Sewer Fund 918.95 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 43,715.12 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. Bollam, Sheedy, Torani Agreement (03-044) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the agreement with Bollam, Sheedy, Torani to perform audit services for the City. He said this contract was the same as previous contracts except for a $500 increase in their fee. Ayes all. 2004 Charter B Discussion Page 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Commissioner Michael Lenz said Mayor Kenneth Klotz had been bringing items to the Council that, although will be effective in 2004 with the new charter, are being started during 2003. He said there are areas of the new charter that are easier than others to implement. He said one of the areas that would be easier to implement is the one relating the two supervisors. He said according to the new charter, the supervisors will have the opportunity to place items on the agenda and request public hearings. He said he thought it would be helpful for the supervisors and the residents to have a particular time allotted on the agenda for their issues. Mayor Kenneth Klotz said the Council could proceed in that direction. He said there was no reason that Tony Izzo could not look into integrating this proposal as well as others. Mayor Kenneth Klotz said that Tony Izzo did develop a document several months ago reviewing items that could be implemented more easily than others. Commissioner Michael Lenz said it might be helpful to have a workshop to discuss the implementation of the new charter. It was agreed that a workshop would be held next Tuesday at 7:00 p.m. Mayor Kenneth Klotz said he would check on room availability. Reserve Accounts B Report Deputy Commissioner Christine Gillmett-Brown updated Council members on the reserve accounts. She noted that the Spit & Spat account had been closed. She reminded Council members that in December the language connected with the establishment of these accounts had been tightened up by Jeff Wait. Mayor Kenneth Klotz asked if the Finance Department was handling the Sister City accounts. Deputy Commissioner Christine Gillmett-Brown said yes. She said it was not listed on this updated because it was not a city account. Special Assessment District Parking Commissioner Michael Lenz said he had sent a letter to Tim Mabee, Chair of the Downtown Special Assessment District about parking related matters. He apologized to Commissioner Thomas McTygue saying that he simply wanted to reach out to an organization that may be of assistance in this area. He said he agreed with much of Commissioner Thomas McTygue=s letter to Tim Mabee on this matter. Commissioner Michael Lenz reminded Council members that Mayor Kenneth Klotz had appointed a City Center Task Force and one of their goals was to look at parking in the High Rock parking lot. Commissioner Thomas McTygue said he had a long history of working with the SAD including working with them on the parking deck. He said there are currently projects underway for the improvement of the Woodlawn Avenue parking lot as well as a tentative proposal for a parking deck on the Hub parking lot. Commissioner Michael Lenz reminded Council members that he headed the sale of the mini mall but ensured during that sale that pedestrian access to the Woodlawn Avenue parking lot would be maintained. He said he also put together a parking solution fund which currently has a balance of approximately$200,000. He said his point was that there were many individuals/groups working on this matter and he was only suggesting that the SAD might be the appropriate organization to coordinate this matter. He said they have the legislative ability to do so and there are many members of that organization that could be utilized. He said he had met with Tim Mabee on this matter and there was some interest expressed on their part that they could step up and take a leadership role in coordinating this effort. He said if the Council and the SAD were willing to do this than the mechanics of doing so must be developed. He said perhaps the Chamber, Downtown Business Association and other organizations might be interested in joining. Mayor Kenneth Klotz agreed there were many involved in some way and that perhaps there needed to be some direction. He said the assistance of the SAD on this matter was critical and he too would like to see a coordinated effort. He said, though, he was intrigued with establishing a parking authority. He said he believed a single standing organization that focuses only on this matter was the way to go. He said if a parking authority Page 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 was established, all of the various organizations could be represented. He also said a parking authority would have additional legal powers. Commissioner Thomas McTygue said his issue with the letter from Commissioner Michael Lenz was that there had been no discussion between himself and Commissioner Michael Lenz before it was distributed. He suggested there was a need for a workshop on this matter. He said that representatives from all of the interested parties should be invited to participate. He reminded Council members that he already had Council approval to move ahead on the Hub parking lot and he was nearly ready to go to the various City boards to make presentations and get approvals. He said he was ready to move this along and thought that there could be shovels in the ground by September with completion by next year. He said this could produce an additional 100 to 110 parking spaces. Commissioner Thomas McTygue said that Commissioner Michael Lenz should focus on funding. He said he was not interested in slowing this project down and was nearly ready to go out to bid. Mayor Kenneth Klotz said he would work on setting up a workshop. Commissioner Michael Lenz said that a lead agency needs to be established. He said there are other proposals such as the High Rock parking lot that needed to be reviewed as well as the Hub parking lot. He said we should be talking about all of these parking lots at the same time in order to prioritize, fund, how many spaces do we want or need, etc. He said there needs to be an organization identified as the coordinator for these projects. He agreed a workshop would be good in order to develop an overall game plan. Commissioner Thomas McTygue said he did most of the coordination on the Phila Street parking deck. He said the only thing SAD did was contribute money. He said the Mayor should coordinate a meeting and include all of the interested parties. He said a parking authority should also be discussed in detail in order to determine if that was what the City wants. He said he suspected that if he did not head these projects nothing would get done. Commissioner Michael Lenz said it was not his intent to have the SAD coordinate the projects to that extent but rather coordinate the conceptual ideas, develop the plans, etc. He said he knew that Jeff Wait had been doing some research on establishing a parking authority but he believed that we already had an organization that has some expertise in this area. Bob Israel said recently the SAD made some recommendations to the Council on identifying property owners outside of the SAD that could be taxed as part of the parking solution matter. He said the SAD believes that they have needs and some of the property owners outside of the SAD feel differently. He suggested that members of other organizations also be included in this process. It was agreed the Mayor would coordinate a workshop on this matter. DEPARTMENT OF PUBLIC WORKS Parking B Discussion Previously discussed. DEPARTMENT OF PUBLIC SAFETY Traffic Speed Control Device Commissioner Thomas Curley informed Council members that the new speed control device had been placed on Lake Avenue and he had received several good comments. He said it will be moved around the City and he may place it on Broadway as well as in various neighborhoods throughout the City. Fire Inspection Update Page 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 4, 2003 Commissioner Thomas Curley said the recent tragedy in Rhode Island with the fire in a business establishment prompted his department to be more proactive in looking at several establishments throughout the City. He said additional fire inspections were held and they found several minor violations such as light bulbs being out in entrance/exit signage, exits being blocked with tables and/or snow, etc. He said they were glad to find that the violations all seemed to be minor in nature and most were corrected immediately. He said they will continue to do spot checks. ADJOURNMENT Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 9:15 p.m. Ayes all. There being no one else wishing to speak, Mayor Kenneth Klotz adjourned the meeting at 9:15 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 15 of 15