City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 18, 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 Fee Increases B Building & Planning Mayor Kenneth Klotz said this was a public hearing on a set of amendments to the zoning ordinance and subdivision regulations that would increase the fees for building permits and development applications. He said the intent of this proposal was to raise revenue to fund additional staff positions in the Planning and Building Departments. He said for several years, these departments have been under staffed and homeowners have had to wait as long as eight weeks to get a building permit. He said the new state building code that went into effect in January requires additional staff reviews and inspections. He said state mandates require that the Planning Board issue decisions within 45 days for most projects and this has put a tremendous workload on the existing staff. He said in recent years the application process has become more complex and more often now there is a great deal of public discussion on both sides of the issue. Mayor Kenneth Klotz said the proposed new fees have been structured in such a way that the increases are minimal for small homes and projects and higher for larger and more complicated projects that require greater staff involvement. He noted that the advisory opinion from the City Planning Board was favorable and is on file. Mayor Kenneth Klotz opened the public hearing. Sonny Bonacio, President, Saratoga Builders Association, said the point the builders want to get across to Council members was that they were willing to accept the increase in fees if there was an assurance that the delays will be addressed. He said there recently was a meeting at Longfellows Restaurant at which most of the building department staff attended and ways to streamline the process were discussed. He said one of the items discussed was a checklist. He noted that in a memo from the Mayor the Mayor stated that the checklist would be implemented by March 17. He said he sent a member of his staff to the building department today to pick up a building permit and the checklist was not attached. He asked that since it was not implemented on March 17 as stated in the memo when would it be? He said the proposed residential increases seemed to be fine but there were some issues with the commercial increases. He noted other communities are having seismic engineer=s sign off on items. He said if the cost was increased to the amount proposed, the recent permit he pulled for Franklin Square could have cost him $26,000 rather than the $10,000 he was charged. He said the Builders Association wants to be sure that the proposed items are addressed and instituted. He said the increase in staff will help but the process also needs to be streamlined. He said he did not want to have an Page 1 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 increase in fees without having additional workshops. He said overall they support the proposed increases, but there were still many details to be worked out. John Witt, Saratoga Builders Association board member, said they have been meeting with the Mayor over the last few years on this matter. He said there was a time last year when the length of time to wait for a building permit was reduced to about two weeks. He said the most recent building permit application that he submitted is 16 weeks away from being reviewed. He said the length of time in Malta was seven days. He said this is a very critical issue. He said the Saratoga Builders Association wants to continue to work with the building department to streamline the process and to be sure that the proposals are instituted. He agreed that the residential fee increases seemed appropriate, however, noted there were some issues with the commercial fees. He said they need to be looked at again. He recommended that the Council hold some workshops to address the concerns and details. He said the Planning Department could certainly use the additional help. Lew Benton, Chair of the Planning Board, said there were several compelling reasons to increase the City=s capacity to more efficiently manage its review and administration of the planning process. He said the City must also increase its capacity to collaborate with the development community, preservation organizations, Downtown Business Association and others in order to promote quality and well placed development. He said he believed the Planning Board had made an effort and they have seen some successes. He said there is a standing offer for the Planning Board to meet with the Saratoga Builders Association to discuss ways in which the process could be streamlined. He said the Planning Board believes that Saratoga Springs is uniquely positioned to expand its economy base at this time. He said the City needs the resources to sustain the status though. He said the Planning Board had more than 220 agenda items last year and they expect several major projects this year such as the City Center expansion. He said at this time they are only able to react to projects and they need to be given the time to plan. He said the Planning Board collected more than $51,000 in applications fees and $46,000 in recreation fees last year. He said the building department fees averaged $140,000 over the last three years. He said that shows there has been intense development. He reminded Council members that Geoff Bornemann also attends CDTC and other similar organization meetings which continues to give the City significant advantages. He said he supported the concept of increasing the fees as proposed. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Weibel Avenue Moratorium Brad Birge, Community Development Director, said the Weibel Avenue Advisory Committee was proposing a temporary moratorium to permit time to study this area. He said there is agreement within the committee that there should not be any development during this time. He said the adoption of this proposed moratorium would ensure that nothing happens until this study is completed. He said both the City and the County Planning Boards had reviewed this proposal. He said the County issued an approval. He said the City Planning Board defeated the proposal as presented, but approved a proposal that had modifications to paragraphs AH@ and AI@ and the addition of a new paragraph AK@. He said as a follow up to those modifications, he spoke to the chair of the Zoning Ordinance Review Committee, Mike Welti, and that committee has agreed the zoning should remain status quo during the time period and revert to Rural Residential-1at the end of the moratorium. He then reviewed the text with Council members. He said this proposal is consistent with the Zoning Ordinance. Mayor Kenneth Klotz clarified that the purpose of this moratorium was to allow the study group time to study the area. He said it was understood by all that no one wanted to build in this area during the study period, but the committee felt that they needed this assurance. He noted that the existing zoning ordinance is not consistent with the master plan and this moratorium was just language to reinforce what everyone already believed. Brad Birge said the study continues to progress. He noted that the CDTC had recently selected Behan Associates to work on this matter. Page 2 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Mayor Kenneth Klotz opened the public hearing. Susan Mertha, 24 Conver Drive, said she would be directly impacted by development in this area as well as being impacted by the results of this study. She said she fully supported this moratorium and did not want any development in this area. She said there were a few millionaire stakeholders in this area, but not only the rich should be heard. She said there are many residents in this area and all they have are their homes. She said the millionaires will make money by developing this area but there was no comparison between them and the regular homeowner. She said the land should be preserved as open space. John J. Thomas, 8 Piping Rock Circle, said he had appeared before the Council on many occasions concerning this parcel. He said there might not be any plans for development but this moratorium would ensure that there would be no development. He said it was his opinion that when this area was changed from Rural Residential to Special Development a major mistake was made. He said it should return to Rural Residential. He said this is a beautiful part of the City and it should be reviewed carefully. Mayor Kenneth Klotz reminded everyone that the study committee would be holding public hearings on this matter and encouraged those interested to attend. 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. DEPARTMENT OF PUBLIC SAFETY Traffic Enforcement Report Commissioner Thomas Curley said at the last meeting Mayor Kenneth Klotz requested an update on traffic enforcement throughout the City. He said Assistant Chief Jim Cornick and Sgt. Willy Crandall were here this evening to update the Council on the progress over the last few years. Assistant Chief Jim Cornick made a Power Point presentation. He said during 2002, 560 trucks were inspected at the Marion Avenue station being done at all hours of the day. He said they also used that area for the child seat inspections. He said they worked closely with NYSDOT and the New York State Police on these inspections. He said the New York State Police inspection counts are not included in this number so in actuality, there have been many more truck inspections than he was reporting on. He said one key area in which they worked with the New York State Police and the County Sheriff=s Department was inspection of trucks near the track. He said that post 9/11, there were many concerns that commercial vehicles could potentially carry weapons. He said they made a strong showing in that area with that enforcement. He said they have also had a lot of cooperation with local driving companies on safety training for drivers, vehicle load balancing, inspection tips for fleet mechanics and pre-trip inspections for drivers. He said they recently worked with Pallette Stone to help them balance their loads. He said that police officers have had extensive training and are certified truck inspectors as well as being trained in accident investigation/reconstruction, crime scene investigation and fingerprint processing. He said they also assisted in developing the NYS Commercial Vehicle Enforcement Training curriculum. He said city police officers co-chair the County Traffic Safety Board. He said over last year when doing seatbelt checks they found that more than 93 percent of the passengers in vehicles were using their seat belts. He said, though, there were 560 tickets issued. He said this program is funded through grants. He said they Page 3 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 have a program which focuses on aggressive driving. He said they have also received grants for their DWI program. He said they have increased their DWI arrests during 2002. Assistant Chief Jim Cornick said they have an extensive community events program including presentations on DWI victims impact panel, Skidmore Safe Spring program, Driver Education classes and they host educational programs at BOCES and the public library. He said they also participate in community activities, festivals, races, parades, walks, etc. Assistant Chief Jim Cornick said during 1999 there were two police officers devoted to this area and in late 2000 two more were added. He said the tickets issued have increased over the years with 4,609 being written in 2002. He said truck inspection numbers continue to show an increase and they were up to 728 during 2002. He said when doing these inspections, the trucks are pulled off of the road and items such as lights, brakes, steering axles, couplings, paperwork, load, etc. are checked. He said the number of trucks placed out of service had a slight decline which is a success. He informed Council members that revenue last year was $211,000. Commissioner Thomas Curley said adding the two additional police officers was a wise decision. He said at the same time they added two more police officers to the investigative unit and they are now beginning to see the benefits of that addition through the recent drugs arrests. He said this was a comprehensive look at the City=s success over the last few years. He said these are quality of life issues and what we have seen tonight is a direct result of the police department=s efforts. He said they plan to continue to build on that success. He said they are being more proactive by educating companies and drivers on safety and vehicle inspections. He commended the traffic division of the police department for their success in this area. Sgt. Willy Crandall said he was most proud of the cooperative efforts with other agencies. He said the County recently instituted a traffic safety program for young drivers of this community. He said parents are able to have their child=s license pulled. He said also when a young driver gets a ticket there are strict regulations on plea bargains and driver safety programs that must be attended. He said there is a tremendous amount of cooperation with other governmental agencies and it makes a difference. He noted though that even with the increase in traffic there are less accidents. Mayor Kenneth Klotz thanked them for their report. He asked if there were any provisions being made for the anticipated loss of the Marion Avenue site. Sgt. Willy Crandall said there are a few options that they are looking at. Commissioner Thomas Curley said he had spoken to the owner of the parcel and he is willing to let the City use the parcel until the last possible minute. He said he believed they could make it through the summer months. He said there were alternatives that they were reviewing. Mayor Kenneth Klotz asked if there was any additional information on the 53 foot truck issue. He said it was his understanding that they were illegal on Washing Street and Broadway. Commissioner Thomas Curley said they reviewed their accident reports on those two streets and found that there was only one accident in five years on Route 29 between Broadway and the stone quarry. He said there is a heavy volume of traffic, however, there were almost no accidents. Sgt. Willy Crandall said that the state recently passed legislation which will for all practical purposes eliminate Canadian 53 foot trucks on those streets. He said that it was inevitable though that 53 foot trucks would soon be allowed on all roads. Commissioner Thomas Curley said that they have changed their signage in some areas and that has seemed to help. Commissioner Thomas Curley thanked them for their presentation. MAYOR =S OFFICE Recreation Department B Program Fees (03-045) Mayor Kenneth Klotz said that this item was on his agenda two weeks ago but was pulled to allow the Recreation Department time to talk to all of the Commissioners. Bob Spratt said new income levels had been Page 4 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 developed to correlate with fees charged for the programs. He said there are now three categories. He said the rates for the lower income families will not change. He said they believed that they needed these income levels. Commissioner Stephen Towne asked if these fees had been compared with other communities. Bob Spratt said yes. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the recreation fees for the 2003 Camp Saradac program as presented. Ayes all. Bob Spratt informed Council members that the Recreation Department closed out their revenue lines for 2002 with $43,000 more than anticipated. Bristol vs. Planning Board Mayor Kenneth Klotz reported that there recently was an Article 78 action against the Planning Board in which Bob Bristol challenged the planning Board on a subdivision approval granted on North Broadway. He said that the City relies heavily on volunteers to do this work for the City and he was glad to see that their decision was upheld. Traffic Consultant for the Planning Board B Approve (03-046) Mayor Kenneth Klotz said the Council had received a request from the Planning Board to retain a traffic consultant to assist them with the review of traffic impact from the proposed Marion Avenue Hotel/Condo project at 52 Marion Avenue. He said the project applicant will be solely responsible for the cost of such services and will be required to deposit $5,000 with the City for the exclusive purpose of retaining this consultant. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a professional service contract with Edwards & Kelsey to work at an hourly rate for an amount not to exceed $5,000 and the Commissioner of Finance be authorized to establish an escrow account to receive funds from the applicant to pay the consultant. Commissioner Stephen Towne noted that the purchasing department had reviewed this proposal and it was in compliance with the purchasing guidelines. Ayes all. Bates & Browne Property Rezoning for study and referral Mayor Kenneth Klotz informed Council members that a petition from Bates & Browne, LLC for a zoning map amendment that would change the zoning of their property at 11 Park Alley from Urban Residential-1 to Urban Residential-3 had been received. He said the property is approximately a half acre in size. He said the Council must determine if it will accept this petition for study and forward it to the City Planning Board for an advisory opinion. John Carusone, attorney representing the applicant, said this property is very near a parcel that was recently rezoned. He said this proposed rezoning as consistent with the nearby zoning. He requested that the Council forward this to the Planning Board for their review. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Siano/Ethier/Fusco Property rezoning for study and referral Page 5 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Mayor Kenneth Klotz said the Council had received a petition from Ralph Siano, Steve Ethier and Ralph Fusco for a zone map amendment that would change the zoning of their property at 3 East Broadway from Urban Residential-6 to Urban Residential-2. He said this parcel is approximately 2.9 acres in size. He said the Council needs to decide if it will accept this petition for study and forward it to the Planning Board for an advisory opinion. John Carusone said this is currently zoned UR-6 which is for mobile home use and they propose to change the zoning to Urban Residential-2 which was single family residence. He said this would be an upgrade to the neighborhood. He requested the Council refer it to the Planning Board for their review. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Change Orders 1 & 2 City Hall Renovations Paul Male, City Engineer, said these changes orders had been submitted to the Council prior to the last meeting. He said that change order #1 was due to additional work due to conflicts with existing beams and change order #2 was for additional storage space over the bathrooms. He said the money was within his budget. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the change orders as presented. Ayes all. New Charter B Discussion Mayor Kenneth Klotz said the recent workshop on the new charter was helpful. He said that the new charter will require a greater degree of cooperation among departments and will change daily operations in some cases. He said there seemed to be general understanding and agreement on the requirements of the new charter. He said that Council members did agree to report back to the Council on the process in the various areas. He suggested that the Council target May 1 as the time for progress reports. He said that it was his plan that at the next meeting he would begin with the public comment period. He said tonight he added the Board of Supervisors to the Agenda. Donations B Urban Heritage Area Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the donation from the Saratoga Springs Teachers Association of $400 to be used for the Spa City Band concerts held during July. Ayes all. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the donation from Dr. David Wasser for $100 for the chamber music series held by the NYC Chamber Orchestra. Ayes all. Authorization for the Mayor to sign CDTC MOU for Weibel Avenue/Gilbert Road Study (03-047) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the MOU with CDTC for the Weibel Avenue/Gilbert Road consultant, Behan Associates. He said that this is undertaken with the oversight of CDTC and the funding is from them, however, it does need Council approval. Commissioner Stephen Towne noted that this has appeared before the Council before and he did have the City's insurance representative review this proposal for the City=s liability and he had determined that there was not any undue risk. Ayes all. Page 6 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Create Assistant City Planner and Assistant Building and Construction Inspector Positions (03-048) Mayor Kenneth Klotz said that these proposed positions go hand in hand with the proposed fee increases on the Accounts Department agenda. He said both the Planning and Building Departments have been understaffed for several years now and the workloads and demands are only increasing. He said he received a letter from Susan Davis, Chair of the Design Review Commission, stating their concerns about the workload on the staff. In that letter she supported the proposed assistant planner position. He said they have been hearing requests such as these from many sources. He said he tracks the building permits and although he had not seen the 16 weeks as stated by John Witt, he had seen as high as five weeks and he agreed that was unacceptable. He said these positions were only a piece of the solution. He said there continues to be the need for planning, open space issues, parking initiative, etc. He reminded Council members that they chose to not fund these positions in the adoption of the 2003 budget, but there is now the opportunity to do so without a budget impact. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the creation of the Assistant City Planner and Assistant Building & Construction positions. Ayes all. Commissioner Stephen Towne said he supported both of these positions. He said he had listed this item on his agenda this evening as a discussion only in reaction to the Saratoga Builders Associations= concerns. He said they have been consistent in their comments that certain things need to be done before they will accept these increases. He asked Sonny Bonacio for his thoughts. Sonny Bonacio said they want to be sure that the recommendations are implemented. He said he understood that some of the delays were due to the new code though. He said the City needs to take a look again at the commercial fee structure. He said they also want to see the checklist instituted. He said that just adding the new positions would not decrease the time periods and streamlining the review process also needs to be done. Commissioner Stephen Towne asked how many workshops did Sonny Bonacio believe would be necessary to work out these details. Sonny Bonacio said he believed it could be done in two. Commissioner Stephen Towne asked if Sonny Bonacio would be comfortable supporting these positions and fee increases contingent on the details being worked out. Sonny Bonacio said yes. Mayor Kenneth Klotz said his concern was that it had taken so long to get to this point and he did not want to lose this opportunity. He said the workshops could be held and the details worked out. Sonny Bonacio said he did not want to see the increases charged until the details had been worked out. Mayor Kenneth Klotz said it seemed there was an understanding this evening that the City would commit to the workshops. Commissioner Stephen Towne said he had this item on his agenda only as a discussion; but if the Council was comfortable, he would propose a vote on the fee increases. Council members agreed. Commissioner Michael Lenz said that this was not included in the 2003 budget because there was no revenue stream identified. He said subsequently, the analysis had been provided. He said it was valuable to have the input from the Saratoga Builders Association. He agreed the creation of the new position would not solve the problem, but coupled with a better understanding of what is expected by the building department there could be progress. Sonny Bonacio said the developers are drawing on the ideas of other communities and will discuss these options in the workshops. Ayes all. ACCOUNTS DEPARTMENT Building & Planning Fee Increases B Vote (03-049) Commissioner Stephen Towne said on February 18, the Council referred the proposed building permit and Page 7 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 development fee increases to the City and County Planning Boards. He said the County Planning Board responded by noting that this was not subject to County review under GML Section 239 and the City Planning Board issued a favorable advisory opinion 7-0. He said in a memorandum from the Saratoga Builders Association, dated March 12, 2003, they stated that they reviewed the proposed fee increases and suggested the following: 1. Implementation of the draft submission checklist before the proposed changes are implemented. 2. Finalize how the New York State Code Regulations alter the existing number of inspections that the City will require, before adding staff or increasing fees. 3. Draft a policy as to how the Building Department will handle future commercial projects, before adding staff or increasing fees. 4. The Mayor=s Office should more clearly define the duties and administrative purpose of the proposed position of the assistant city planner. Commissioner Stephen Towne said the Mayor responded to the memorandum on March 15 noting that the checklist would be implemented on March 17; outlined the additional required inspections; designated professionals hired by the builder will sign off in specialized areas; and the assistant city planner will have primary duties in connection with the Design Review process and will be subject to the oversight of the Deputy Mayor. Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to move for the issuance of a negative SEQR determination and for the adoption of the zoning amendments and subdivision amendment for the increases the building permit and development fee applications subject to holding workshops and the effective date of the ordinance change shall be effective April 17. Mayor Kenneth Klotz stated that if the requested changes had not been made within the next 30 days, this would give the Council an opportunity to further discuss this item before it is printed in the local newspapers and becomes effective. Ayes all. Approve City Council Meeting Minutes -- March 4, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 4, 2003, City Council meeting minutes. Ayes all. Award of Bid B Heavy Duty Dump Truck Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Heavy Duty Dump Truck with multi- purpose dump body and plow equipment to H.L. Gage in the amount of $120,752.00 (only bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Poly Bags Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for poly bags to All American Poly of New Jersey for $152.55/per thousand (low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Printed T-Shirt Upon the recommendation of the Mayor =s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for printed t-shirts to Northwind Graphics per their bid (lowest Page 8 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 overall bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of RFP B City Center B Architectural Study and Spatial Design Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the RFP for architectural study and spatial design requirements to HNTB of Boston, MA, for a lump sum of $79,730 (lowest quote meeting specifications). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Mark Baker said the City Center Authority task force had been working on assessing what to looking for in an architectural firm for this study. He said eight firms responded with a wide range of pricing. He said they trimmed that down to three and interviewed those three firms. He said the unanimous choice was HNTB. He said they appear to be the most qualified and presented sound cost estimates. He said they use local subcontractors and will also use Clough Harbor. He said the plan is to complete the analysis within the next eight weeks and they will submit three design scenarios. Mayor Kenneth Klotz asked if the funding was within the City Center budget. Mark Baker said yes. Ayes all . Authorization for Mayor to sign contract with the Library for the Voting Machines (03-050) Commissioner Stephen Towne said each year the Saratoga Springs Library requests to borrow three voting machines from the City for the purposes of tabulating and registering votes cast in an election held by the library on April 17. He said there is no fee or charge involved. He said this contract had been reviewed by the City Attorney=s office. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract between the City and the Saratoga Springs Library for the purpose of lending three voting machines for their April 17 vote. Ayes all. Risk Manager CriteriaB Vote (03-051) Commissioner Stephen Towne said on November 4, 2002, the Council approved the establishment of the full time Risk Manager position. He said that position was established through the consolidation of the part time risk manager and the insurance coordinator positions and with the consolidation of those two positions, the budget impact is intended to be cost neutral. Commissioner Stephen Towne said the next step in this process is to establish the criteria such as work hours, benefits and salary. He said he was not prepared at this time to adopt the salary range because a candidate has not yet been selected. He said he will continue to interview interested candidates during the remainder of this week and hoped to make an offer by the end of the week. He said, however, that he would like to establish the other benefits for the position. He noted that the creation of this position had been coordinated with the assistance of the Civil Service Commission. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to establish the following employment package for the Risk Manager position: This position is a management confidential, policy influencing position and is exempt from the City Hall employee union contract but does maintain the following benefits: A. The standard work week of the Risk Manager shall be 40 hours. B. The Risk Manager shall enjoy and be entitled to all of the non-salary benefits regarding: vacation time; sick leave; personal/bereavement leave; holidays; life insurance; health insurance; opt out disability insurance; vision plan; and NYS retirement system as granted in the CSEA bargaining unit of the city Hall Page 9 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 employees. C. Annual salary increase corresponding to the CSEA contract. Mayor Kenneth Klotz asked if this had been discussed with the Civil Service Commission. Patsy Berrigon, Civil Service Commission Secretary, said this is a unique position. She said it was similar to a deputy commissioner position in that the person would be appointed by the Commissioner, however, the individual must be qualified. Commissioner Thomas McTygue asked what authority would this person have to take disciplinary actions. Patsy Berrigan said the Risk Manager would need to adhere to the union contracts. Commissioner Thomas McTygue asked why this position was exempt. Patsy Berrigan said it was not exempt. She said it was a Civil Service position that was noncompetitive. She said the state is doing some research at this time on other positions such as this. She said it could be determined by the state that it will be a competitive position but even if that happened, the position would not be part of the union. Commissioner Thomas McTygue asked what was the union=s position on abolishing the insurance asset coordinator position and creating a non-union position. Patsy Berrigan said she had an e-mail from the union in support of this proposal. Mayor Kenneth Klotz asked if this person could then be released when a new administration came in. Commissioner Stephen Towne said this person is required to have minimum technical expertise. Mayor Kenneth Klotz asked about the coordination between the Human Resource Director and the Risk Manager. Commissioner Stephen Towne said he believed there would be coordination between the two and it was his intent that they would cooperate. Ayes all. Select Energy B Vote (03-052) Commissioner Stephen Towne said there are two pieces to our utility rates -- gas and electric. He asked Gordon Boyd, Salerni & Boyd to explain both pieces of this issue. Gordon Boyd said his firm consults with the Chamber of Commerce on this matter. He said a few months ago there was a letter from Niagara Mohawk on the changes to some of the City=s service class three accounts. He said previously the state allowed for an adjustment rate so that there would not be the great fluctuations in the price of electric for customers. He said the adjustment rate has gone from 80 percent to 50 percent and by the end of the year it will be at 20 percent. He said it was, therefore, very likely that the City would begin experiencing more volatility in their bills. He said by the end of this year he anticipated soliciting proposals for the City to consider. He assured the Council that he was keeping a careful eye on the matter. He said there are more than 100 customers in 10 Chambers that are also in this same position. Commissioner Stephen Towne asked what was a service class three account. Gordon Boyd said it was the ice rink, City Hall, water plant, etc. He said it was the City=s largest accounts. He said that although they are not the majority of the City=s bills, they probably were the majority of the City=s costs. Gordon Boyd said the City=s contract for gas supply is up at the end of the April. He reminded the Council that they entered into that contract in July last year. He said the gas rates have continued to rise quite steadily, but this past month there had been a great deal of ups and downs. He said because the rates are so high at this time, he urged the City that rather than to lock into the fixed rate, they go with the variable rate for a few months and then lock in later when the rates go down. He said the City=s usage will decrease over the next few months, therefore, there should not be a significant difference in the bills. He said the City should consider locking into the rate during the summer when the rates are generally lower. He said he will watch the market carefully and when he believed it was the right time he will report back to the Council. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the 12 month contract with Select Energy that will lock into the suppliers fixed basis and allow the commodity piece to float and await advice from Salerni & Boyd to exercise the right to lock in at a more favorable rate. This motion is subject a review of the updated contract by the Accounts Department Page 10 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 and the City Attorney =s office. Ayes all. Weibel Avenue Moratorium B Discussion and Vote B Local Law #1 2003 (03-053) Commissioner Stephen Towne said at the Council=s January 21 meeting, the Weibel Avenue/Gilbert Advisory Committee requested that the Council entertain a 9-month moratorium on new construction and development within the study area boundaries. He said the intent of this moratorium was to provide a reasonable period of time within which to facilitate a public discussion and conduct a subarea land use study leading to consensus on an appropriate land use vision for the Weibel Avenue/Gilbert Road areas that is consistent with the natural and built environment as directed by the City=s Comprehensive Plan. That proposal was referred to the City and County Planning Boards for an advisory opinion. He said the County Planning Board issued its decision to approve the moratorium as presented. He said the City Planning Board issued a favorable advisory opinion 5- 2 on revised text (paragraphs H, I & K) for the proposed moratorium legislation with the following comments: 1. The Planning Board finds that the revised proposal is consistent with the Comprehensive Plan amendments adopted on July 17, 2001. 2. The Planning Board finds that this revised proposal is consistent with the general intent of the zoning ordinance. The revised moratorium language currently before us contains a revision within paragraphs AH@ and AI@. The revision was suggested by the City Attorney, is supported by the Study Committee and is consistent with the revisions suggested by the Planning Board for these sections. Phil Klein asked if the City Planning Board=s change was made prior to the County review. Brad Birge said yes. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to adopt the moratorium including the AH@ and AI@ revisions agreed to by all parties including Zoning Ordinance Review Committee, Weibel Avenue Study Committee and the Andersons who are owners of the subject property. He further moved to exclude and not accept the changes to the City Planning Board =s additional paragraph AK@ (Attachment A). Commissioner Stephen Towne said that the vote by the City Planning Board was not a unanimous vote. The Advisory Committee has since modified their recommendation for the study area. He said the Zoning Ordinance Review Committee currently recommends that the zoning for this area remain Astatus quo@ under the moratorium until the study is completed. He said that following completion of the study, should no action be taken on the study=s recommendations, the Zoning Ordinance Review Committee recommends the zoning become RR-1. Ayes all. Lou Schneider, member of the advisory committee, informed Council members that a presentation will be made to the committee members by Behan Associates on March 21. He encouraged all to attend. FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following payrolls: March 7, 2003 -- $345,851.49 and March 14, 2003 -- $332,067.12. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 2MAR03- -- Warrant 2-32 General Fund $ 543,866.06 Page 11 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 City Center Authority 18,076.35 Water Fund 36,416.69 Sewer Fund 8,348.97 Capital Project 242,243.56 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 8,761.56 $ 857,913.19 MC030226 - Warrant 2-7 General Fund $ 88,953.99 City Center Authority 2,249.89 Water Fund 20,308.03 Sewer Fund 1,362.33 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 112,874.24 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment B). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment C). Ayes all. AFLAC Presentation Kelly Irvine, AFLAC representative, said she was here this evening to offer an enhancement benefit for employees. She said this would be at no cost to the City. She said it was simply more options for City employees. She said their program includes options for sick time, cancer program and dental program. She said they only need three employees to make this offer work. She noted that these are pretax programs, therefore, not only is the employee saving tax dollars, the City=s share for FICA is also reduced. She said these options are all offered through payroll deduction. She said there are several municipalities participating in this program and it has been received well. She said the cost of the programs are affordable for employees and are in fact quite competitive. Commissioner Stephen Towne asked how many employees were necessary to make this program work. Kelly Irvine said three. She said they find though that generally there is about a 50 percent participation rate. Commissioner Thomas Curley asked if the short term disability was in addition to what employees already have. Kelly Irvine said these programs are all in addition to existing programs. Kelly Irvine said these programs are all portable so if the employee should leave the City, they can take it with them. She said their signature product is the cancer program. She said there is extensive coverage for out of pocket expenses incurred by employees while in treatment. She said they also pay for wellness checkups. Page 12 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Commissioner Michael Lenz said this was for presentation only and he expected to bring this back to the Council at a later time. He thanked Kelly Irvine for her presentation. Hotel Occupancy Tax B Update Commissioner Michael Lenz said he wanted to keep Council members up to date on this issue. He reminded Council members that they recently passed legislation and it was forwarded to the state. He said it is now in both the Senate and Assembly committees and they hoped to have it on the floor within the next few weeks. He said once it was approved by the Senate and Assembly, it would be forwarded to the Governor for his approval. DEPARTMENT OF PUBLIC WORKS Woodlawn Avenue/Church Street Parking Lot B Discussion Commissioner Thomas McTygue said he had asked Mike Ingersoll, The LA Group and John Muse, architect, here this evening to make a presentation on this proposed project. Mike Ingersoll said they are here this evening with generally the same concept that there were here for before. He said since the last time they were here, they have done a detailed survey, architectural analysis, geotechnical report and phase 1 environmental report. He said they have found that there is not as much rock as there was with the Putnam Street parking deck and there are apparently no environmental issues. He said that John Muse had spent a good deal of time on this conceptual rendering. Mike Ingersoll explained that this would be a deck with an entrance off of Walton Street and one from Railroad Alley. He said it would be located entirely on City property. He said they are proposing an urban type facade. He said the front portion of the lot could be subdivided. He said it was their plan to maintain the corner as an open park area and that the railroad shack could be placed there. He said this plan includes 12,000 square feet of office/retail space with three floor. He said at this point an RFP needs to be developed. Commissioner Michael Lenz asked about the current number of parking spaces. Mike Ingersoll said it is currently 112. He said they are proposing a three story building and two levels of parking. Commissioner Thomas Curley asked why not have another story of parking. Mike Ingersoll said it then gets into the ramp issue which decreases parking spaces and increases the cost. He said if another parking level was added, then it would be more worthwhile to add a couple of levels. He said they were concerned with the mass of the building though. Commissioner Thomas McTygue said he hoped to break ground in September. He said this is a unique opportunity for the City. He said income could be generated with the sale of nearby parcel. Commissioner Michael Lenz asked if there had been a value placed on the parcel. Mike Ingersoll said that if this concept is endorsed by the Council then that piece of land would need to be evaluated. Mayor Kenneth Klotz said this was an attractive design. Commissioner Michael Lenz said the retail component of this proposal was attractive and it too would generate some revenue for the City. Mike Ingersoll reminded Council members that during the winter months the parking is decreased significantly in this lot. He said with this proposal there will be a constant amount of space available. He said there would be a net effect because of the people using the building would park in the building. Commissioner Thomas McTygue said he wanted to fast track this proposal and get it moving through the various boards. He said he would be ready to break ground in September. He said while the Council is talking about establishing a parking authority and that relationship with the SAD and DBA, those discussions could go on for years. He said this is a project that could be completed in 12 to 14 months. Commissioner Michael Lenz said that the involvement of these groups and the various parking and traffic Page 13 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 studies has gotten us to this point. He said some of the recommendations of the parking and traffic studies have been implemented and he did not believe there was any reason that these two items could not take place simultaneously Commissioner Thomas McTygue said it was his intention to proceed ahead with this concept and begin working with the City Attorney and the various boards. Maintaining Roads, County & State B Discussion Commissioner Thomas McTygue asked Geoff Bornemann about the arterial reconstruction project. Geoff Bornemann, City Planner, said that project is funded with federal and state money. He said they are now undergoing some reprogramming with the money but this project remains on the list. He said the draft proposal calls for the construction to begin in 2005. Commissioner Thomas McTygue said he had heard that it was 2007. Geoff Bornemann said the project was originally scheduled for 2002 but had been pushed back to 2005. Fire Alarm System B City Hall (03-054) Commissioner Thomas McTygue said that last year we were notified by the state that City Hall needed to have a fire alarm system so workers would know if there was a fire. He said during the budget process he budgeted $25,000 for the project. He said after the first of the year, he was informed by the Purchasing Department that this would require a bid. He said he then contacted the Engineering Department to develop the bid and to oversee this project and was told by that staff that they did not have the expertise. He said he estimated the cost of developing specs and hiring an engineer to oversee this project could cost $3,000. He said he now had a letter from Fire Chief Cogan stating that his department had the expertise to oversee this project. He said the cost of material for this project is $13,631. He said the installation would be done by City electricians. Commissioner Stephen Towne asked if this was done within the purchasing guideline. Commissioner Thomas McTygue said he can=t do the specifications as suggested by purchasing and said the Accounts Department should prepare the specs. He said he wanted to move ahead with this project and he did not want to spend $3,000 to do so. He said there had been discussions with the Purchasing on this matter. Deputy Commissioner Debbie Harper said because the material was more than $10,000 it requires that a bid go out. Commissioner Thomas McTygue said that may be so, but it would cost $3,000 to go out to bid to draw up the specs. He said there needs to be a way around this. He again said the Accounts Department should take the responsibility of developing the spec. He said he has a letter from Fire Chief Cogan and he is willing to work in conjunction with Mahoney Notifier. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to purchase the materials from Mahoney Notifier at a cost of $13,631, subject to the review of the City Attorney =s office. Ayes all. Commissioner Stephen Towne said he would discuss this matter with the Purchasing Department. 2003 Water & Sewer Rates & Resolution Commissioner Thomas McTygue requested that a public hearing be set for April 1 at 6:50 p.m. to discuss 2003 water & sewer rates. Council members agreed. Donation Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the donation of $459 for flags from Broadway Banner Company. Ayes all. Water Meter Order B Change Page 14 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Commissioner Thomas McTygue said it had come to his attention that the order that was placed for the new water meter system at the beginning of the year was incorrect. He said apparently the company giving the estimate used the wrong size meter. Therefore, Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to void the previous approval and purchase order in the amount of $113,815 to Everett J. Prescott. Ayes all. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the purchase of the water metering system to Everett J. Prescott in the amount of $121,935. Ayes all. Water Conservation Commissioner Thomas McTygue said at the DEIS Public Hearing there were quite a few comments about water conservation. He said when the City sent out its 2001 annual water quality report, a letter was attached about water conservation and tips. He said he also brought in Leak Detection Services to look at the City=s pipes. He said a rather large leak was found that was adjacent to the storm pipe and without the use of this detection service they may not have known about that leak. He then distributed information to Council members on total water usage over the last few years. He said these figures go back to 1998. He noted that there was a slight increase in 1999 and then a slight decrease in 2000 and again in 2002. He said repairing the leaks and getting the word out to conserve was working. He said, though, he wanted to go further and would begin setting up meetings with the large users conserving water. He said it was going to be some time before the City had a new water source and this needed to be addressed. He said last year, Skidmore changed their shower heads to the low usage type. He said that even due to the considerable increase in homes, water consumption has not risen as much. Commissioner Michael Lenz suggested that Commissioner Thomas McTygue talk to the local developers to see what measures they are taking when installing water fixtures. Mayor Kenneth Klotz said this was a good step that will help the City to ensure the water quality and length of life of Loughberry Lake. He said conservation efforts were not enough though and a water source needed to be identified. Commissioner Thomas McTygue said it was his plan to meet with NYRA. He said he was also considering installing wells at the recreation fields for watering. He said they recently installed a well at the PBA soccer fields and encouraged homeowners to do the same. Washington Street Drainage B Phase 3 Paul Male said Washington Street Phase 2 was completed two years ago. He said last year an agreement was signed with Smith & Mahoney to design the remaining phases of this project (phase 3 & 4). He said those phases included Bensonhurst, Central, Newton and Outlook Avenues. He noted that there was a high ground water table in that area. He said when bidding this project it will be stated that prices are for both phases. He said Phase 3 is for Bensonhurst and Newton and included such things as sanitary sewer, storm drainage, sidewalks, curbs, road rehabilitation, etc. He said phase 4 was for the Central and Outlook Avenues with similar work. Paul Male said the consultant has proposed a gravity system which is less costly, however, four easements will be required. He said he met with all four of those property owners and only one was receptive. He said we now have a design that is about 85 percent complete. He said if these easements are not obtained, it could cost the City an additional $100,000. Commissioner Thomas McTygue said the easements would not effect the property owners rights in constructing over the easement. He said in fact this would enhance the property value. Paul Male said that once the snow was melted, it was his plan to walk the property with the property owners. Commissioner Thomas McTygue asked if that could be done by the next meeting. He said these next two phases will be a big help to the property owners in this area especially at this time of year when the basements begin to fill with water. Page 15 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Paul Male said there was $350,000 set aside for this project and with the cost of the consultant $56,700 the remainder was about $297,000. Executive Session Commissioner Thomas McTygue requested an executive session to discuss a personnel matter. Council members agreed. DEPARTMENT OF PUBLIC SAFETY Free Car Seat Check Commissioner Thomas Curley said a free car seat check would be held on April 12 from 10:00 a.m. to 1:00 p.m. at All Star Motors. Traffic Enforcement Report Previously discussed. Capital Fund Transfer Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to transfer $8,708 from the security fund in the capital budget to the police department to pay for the new air conditioning unit. Ayes all. BOARD OF SUPERVISORS Water B Announcement Phil Klein thanked the Council for the ability to regularly speak at Council meetings. He reminded the Council that the County Water Committee would meet in March 19 at 9:30 a.m. to review the Malcolm Pernie Report. He said he believed there would be enough detail in the report on placement of the water plant, size of the pipe, range of costs, estimated time frame, etc. He said there were still a number of variables and he would continue to report to the Council on this matter. He said copies of the report would be available at that meeting. EXECUTIVE SESSION Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:30 to discuss personnel matters. Ayes all. Council members returned at 9:35 p.m. No action was taken. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourned the meeting at 9:35 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:35 p.m. Page 16 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2003 Respectfully submitted, Kathy Moran Clerk Approved: Page 17 of 17