City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 20, 2003 6:30 P.M. PRESENT : Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT : Erin Dreyer, Deputy Commissioner DPS Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner, Accounts Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING Zoning Ordinance Mayor Kenneth Klotz said this was a public hearing on a revised set of proposed zoning amendments that have been proposed by the Zoning Ordinance Review Committee. These amendments are intended to implement recommendations contained in the 2001/Comprehensive Plan. He said on January 21, 2003, the City Council held a public hearing on the original set of proposed amendments. In response to comments made at the public hearing the Zoning Ordinance Review Committee made a number of revisions to their original proposal. He said on file are the required advisory opinions from the City and County Planning Boards. The City Planning Board issued a favorable advisory opinion on all but one recommendation. The County Planning Board issued a favorable advisory opinion on the entire set of revised amendments. Michael Welti, Chair of the Zoning Ordinance Review Committee, said that following the last public hearing where there were concerns expressed by local architects, engineers, developers and other citizens, the committee met again with those individuals to work out their concerns. He said he now believes they have a better, stronger document. He said the highlights of the document include the conversation development districts in the outer areas, the design guidelines for the gateways and clearer text in the design standards in the special development areas. He said the changes in the conservation development districts include reduced open space requirements in the SR-1 district, the addition of a fourth criteria which waives conservation requirements in subdivisions and strengthening and clarification of text. He said under the commercial gateway design standards, the text had been strengthened and clarified and in particular the word Ashall@ had been changed to Ashould@. He said there were also changes in the area requirements table. He explained that projects in the T-4 and T-5 districts will now go to the Design Review Commission rather than the Planning Board for design review. He said one other recommendation was that the zoning recommendation for the Southern Weibel Avenue district be deferred to the date that it is currently set to expire. Kenneth Klotz then opened the public hearing. Matt Dorsey, attorney representing the Pitney family, said the proposal includes the recommendation to change the Pitney family parcel to RR-1. He that currently it is zoned as the Southern West Avenue District. He said the owners of this parcel would rather see it left as is. He said the current zoning calls for development in accordance with the open agricultural characteristics of the land and development on this farm land should Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 preserve the view of the mountains, provide a significant buffer and it would be subject to the special permit process. He said the Pitneys believe that the current zoning allows for flexibility in developing this land and also respects the characteristics of the land. He said this had been a working for more than 140 years and they have no plans to change it to anything else. He said the proposed zoning would also require that the comprehensive plan be amended. Commissioner Stephen Towne asked how it was currently zoned. Matt Dorsey said it was currently zoned as the Southern West Avenue Special Development area. Commissioner Stephen Towne asked if there would need to be an amendment to the comprehensive plan. Matt Dorsey said yes. Mike Ingersoll, 5 George Street, said he supported this proposal. He said he had some concerns at the last public hearing, but the meetings were productive and the concerns were addressed. Kathleen Fallone, 22 Sarazen Street, said she was here this evening to speak for 89 residents of the Interlaken neighborhood. She submitted a petition with their signatures. She said they want the exit 14 area to be in accordance with the comprehensive plan and be zoned as conservation development district. She said the Council should listen closely to the Acity in the country@ theme. She reminded Council members that more than 80 percent of the registered voters in Interlaken turn out to vote. James Stegmann, Crommelin Drive, said he wanted the Gilbert Road area zoned as conservationdevelopment district. He asked who would be the beneficiaries if this was rezoned and noted that it would be the owners and the developers of the high density development. He said there would be an increased load on traffic, schools, recreational uses and asked why this would be good for the City. He said there needs to be development in the inner core of the City and not in the outer district. He strongly urged the Council to think about the children and not zone this with a high density use. June Friday Martin, 366 Lake Avenue, said it was important to think in terms of analogies. She then pointed to Albany. She there was once a lot or prime real estate located on Washington Avenue but because of all of the development no one wants the land or houses now. She said there is also increased pressure on the infrastructure, increased crime, the aesthetics have been compromised and many other areas of concern. She urged the Council to think about Albany when deciding this issue. Sue Murtha, 24 Conver Drive, said she supports the conservation development district designation. She said she did not want the area looking like a strip mall and did not want any commercialization of this area. Ray Kuchevsky, Gilbert Road, said there are four owners along the section of Gilbert Road that are in question. He said of all these people here this evening complaining, none actually live on Gilbert Road. He said he was also concerned about the statement of the exclusion of wetlands. He said made it very difficult to build on this land. He said if people want this land left as is then they should buy it. Barbara Trypaluk, 211 Circular Street, said the City should buy this land and designate it as open space. She said she was here this evening to speak on behalf of the 25 individuals who signed her petition. She said the proposals as made in the 2001 comprehensive plan should be implemented. She said this is a beautiful city and there are several rather large development projects in the works. She said we don=t need more development in the City and it should be left the way it is. Rick Fenton, 125 Spring Street, said the Council needs to look at the big picture. He said this was similar to the Adirondack Park Agency and we should learn from their experience. He said the time to act is before and not after. He said we need to protect the character of the City and this was a very important moment for the Council. He said he sympathizes with the land owners. He said that zoning changes are difficult but many in the City would be willing to sacrifice for the good of all. He said this was a strong ordinance and the Council needs to act now. Lyn Bachner, 25 Longwood Drive, urged the Council to maintain the 2001 comprehensive designation of conservation development district. She said she had heard all of the concerns on traffic, schools, downtown development, etc. She said the citizens of Saratoga Springs spoke loudly when voting to adopt the open space bond referendum. She said this Council needs to remember the Home Depot project. She said the Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 citizens have made it clear and reminded Council members that they will vote again in November. She asked members of the audience supporting the conservation development district to stand and nearly everyonestood. She said the Council should maintain the conservation development district. Alayne Ball Chinian, Open Space Project Executive Director, said it would do the City more harm than good to not adopt this document. She said this public hearing was not about only this one piece of property but rather the whole City. She said the City has spent many months working on this matter and there is now another committee established to look at the Weibel Avenue/Gilbert Road area. She said that the Open Space Project supports the city in the country theme and we need smart growth. She encouraged the Council to adopt this document and to not delay the process. Larry Toole, 25 Longwood Drive, said more than 70 percent of the voters supported the open space bond referendum and that issue has been clearly decided. He said there was a lot of dialogue during the 2001 comprehensive plan discussion and they decided that the conservation development district was the appropriate designation for that area. He questioned why it needed more discussion now when it had already been decided. He said this matter had been clearly decided. He said if it was designated as conservation development district, the City would not need to buy the land. Teresa Capazolla, 57 Gilbert Road, said the comprehensive plan designates this area as conservation development district. She said the comprehensive plan, the Planning Board, the consultant and the Zoning Ordinance Review Committee, up until their last meeting, determined that the area should be conservation development district and should be studied. She then submitted a petition with 148 signatures supporting the conservation development district designation. She said development was good but intense development should be downtown. She said that growth in the outer area needed to be monitored. She said there was the quality of life issues such as traffic, infrastructure, etc., that the Council need to consider. She said the Council needs to listen to the public and respect their opinions. Jim Kunz, Roundtable Road, said the comprehensive plan is a good plan. He said it was a legal document that governs the City, but for some reason those in power seem to agree with the proposal to change the designation when the developers with a lot of money speak. He said there is a history of developers leaving the neighborhoods that they develop. He said we need to first meet our current needs of water before increasing the load. He then submitted petitions in support of maintaining the conservation development district designation. John Kaufmann, 44 White Street, said traffic was one of his main concerns and additional traffic would reduce his qualify of life. He pointed out that in June 1987 there was a report issued by DOT stating that if development in the City was maximized traffic would only worsen. He said that was 16 years ago and nothing has been done. He said up until the 2001 comprehensive plan, traffic had been ignored. He said he canvassed his neighbors along Lake Avenue and their main concern was traffic. He said the charm of the City needs to be protected. He said it was a simple concept in that if this development was allowed behind the Stewart=s it would compromise his neighbors along Lake Avenue. He encouraged the Council to show leadership and remember the quality of life issues that have been discussed here this evening. Michele Sheldon, 89 Meadowbrook Road, said she had lived here her whole life and she has seen quite a bit of growth. She said she was disenchanted though to hear that those who had expressed concerns at previous meetings did not have those concerns addressed. She then submitted a petition with 28 signatures in support of the conservation development district as called for in the comprehensive plan. Peter Looker said he had done some studies on campaign contributions and noted that the Anderson Group and Stewarts had made contributions to the republican party. He said it might simply be a coincidence that they had donated money and the designation of the area was proposed to be changed. He encouraged the Council to maintain the conservation development district designation. John Goldberg, Interlaken, said in the last three elections, Interlaken had an 83 percent participation rate. He said there is a lot of passion and emotion here this evening. He said people have given up their own time to Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 speak on a matter they feel strongly about. He said this particular piece of land is an extension of the city in the country theme. He said the voters will pay close attention to how the Council votes this evening and he urged them to maintain the conservation development district designation. Paul Zakos, Director of Science & Education, said there is an initiative underway in the City to support public/community access on cable. He said this initiative is spearheaded by the Media Center project. He said we need to give the residents the tools, knowledge and ability to be productive members of the community. He said we need to develop their creative abilities and protecting and enhancing the freedom of the press could do that. He urged the Council to support the Media Center Project=s proposal on public access on cable. Charlie Morrison, Court Street, said the 1999 Dake committee reviewed this controversial parcel and it was reviewed again under the direction of Jeff Pfeil and that comprehensive plan committee. He said this issue has been discussed and decided. He said it was a narrow vote, but a decision was made. He said the Andersons lobbied against that decision at those meetings and again at the Council=s public hearing. He said they have had their chance on this parcel and they have not been successful. He said the Council should not delay a decision on this matter. He said the Weibel Avenue/Gilbert Road committee also should not be studying that issue. He said the matter had been decided and it was not their charge to undo that decision. He said it was the intention of the Pfeil committee that this be designated as conservation development district. Cheryl Keyrouse, 13 Wampum Drive, said it was her understanding that the Council was not aware of this kind of support for maintaining the conservation development district designation and that was why she was here this evening. She said she grew up in New Jersey where they lacked the foresight that this community has. She said areas such as she lived in New Jersey are rather ugly and this community should learn from their mistakes. Kurt Fox said he moved here four years ago and this is a beautiful place to raise a family. He said he was already somewhat concerned with the intrusion of stores such as Edie Bauer, Borders, Gap, Banana Republic, etc. He said he sympathized with the property owners but the majority of the people believe this area should be maintained as conservation development district. He said if high density development is allowed, the schools, fire department, infrastructure, etc. will be severely affected. He said the Council needed to take a breath and maintain this as conservation development district. Jane Weihe, 44 White Street, said she was puzzled by Alayne Ball Chinian=s comments. She said the Andersons have continuously tried to have the zoning changed and they simply keep coming back hoping to get what they want. She said the City has been through this many times and asked what was different this time. She then displayed campaign literature from 1987. She said the city in the country theme was a theme at that time as well as now. She reminded Council members that voters are watching. She said there was no reason to remove the conservation development district designation. She said the Andersons would be the only people to benefit from this high density development. Mark Lawton said this issue has become the rulers against the people. He said it was clear what the people want. He reminded Council members that he served on the Charter Review Commission and he encouraged Council members to read the preamble of that charter. He said whoever is in office on January 1, 2004, will have to read and listen to that charge. He said it was clear what the people were saying this evening. He said they want controlled growth and do not want sprawl. He said there were areas downtown that empty due to urban renewal. He said development needs to be controlled and the Council needs to listen to the public. He said he was against any proposal that would change the 2001 comprehensive plan recommendation. Matt McCabe, Downtown Business District representative, said he supported the property being designated as conservation development district. He said with 28 acres there could potentially be 14, million dollar homes constructed there. He noted that the Andersons were asked if they would be willing to donate some of the land at exit 14 and they said they would be willing to discuss the matter. He said the City needs to focus on the downtown area and get those people who are successful at what they do to look at the inner core in connection with development and parking. Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 Pat Izzo, Piping Rock Circle, submitted a petition with 42 names. She said for 23 years this has been issue and she said she was tired of fighting. She said it was like a bad penny and the issue simply kept coming back. She reminded Council members this could become campaign issue. She said the Council needs to listen to the public. Lori Heithoff, 12 Bluebird Court, member of the Zoning Ordinance Review Committee, said there were many more issues than just this one. She said the thought was that the area should be studied. She reminded Council members that this area will be reviewed and if a designation was not made by mid December it would revert to RR-1. She pointed out though that there is currently a moratorium so nothing could be done anyway. She urged the Council to adopt the document as presented. William Schweiker, 34 Pinewood Avenue, said he served many years on the Planning Board and this Anderson property issue has repeatedly come up. He said more than 20 years ago, the Andersons proposed Computer Park north to be developed in this area. He said the City was not receptive to that proposal. He said this area should remain as conservation development district. Teresa Capazolla said she supported all of the other recommendations made by the Zoning Ordinance Review committee except for this one. Charlie Morrison said the Zoning Ordinance Review Committee had done an excellent job in reviewing and recommending this document except for this one issue. He said he believed that committee misunderstood their charge and felt they needed to change the zoning. He said neither this committee nor the Weibel Avenue/Gilbert Road committee should undue what the Pfeil committee has done. Ray Kuchevsky said one of his main concerns was the statement having to do with the flood plain. He said it would render most of his property useless. Michael Welti said the committee appreciated the support for this plan. He said they believed it was their charge to implement the comprehensive plan and they believe they have done so. He said essentially the only thing that was different in terms of this property was the moratorium. He said if the Weibel Avenue/Gilbert Road committee does nothing then the area will be designated as conservation development district. He said he believed that the majority of the people would like to see the zoning ordinance adopted and suggested that rather than delaying the adoption, there could be an amendment offered supporting what the people are calling of this evening. Mayor Kenneth Klotz thanked everyone for their participation in the public hearing and then closed the public hearing. Public Assembly Ordinance. Tony Izzo said tonight there is a proposed revision to the Public Assembly ordinance. He said this ordinance was substantially revised last year, however, due to the recent demonstrations concerning the war in Iraq there are some new issues. He said the existing ordinance does not allow for a groups that do not have an organizational framework to make an application for an permit. He said the police department is somewhat concerned that there are no permits being issued for these events. He said this new proposal would allow for the permitting process to take place, even if there is no organizational framework. He said any individual of the group may now make an application. Commissioner Thomas Curley said because of some concerns expressed by Commissioner Stephen Towne, he would not seek a vote on this matter this evening. He said it would be likely that if there are significant changes to the proposed revision another public hearing would be held at the next meeting. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 8:15 p.m. with the Pledge of Allegiance. PUBLIC COMMENT PERIOD Barbara Thomas, League of Women Voters, said she was appearing this evening to encourage the Council to take a strong stand when negotiating the renewal contract with the local cable company. She said their organization is concerned and they, too, support the idea of a media center. She said tonight=s meeting was a good example of why citizens need to be kept informed of what is happening in this community. She suggested the City should collaborate with the surrounding towns. She said the Council should make this a high priority. Rick Fenton said he too supported the development of the Media Center project. He said the City currently receives more than $200,000 from the cable company that is supposed to be used for public access to the media. He reminded everyone that there will be a vote at the federal level within the next few weeks that could dramatically affect the things we see on television. He said it was possible that the diversity of opinions now broadcast could be limited. Peter Looker said he too agreed that the media center project needed to be endorsed by this Council. MAYOR =S OFFICE Mars Project Charlie Kuenzel, High School Science teacher, informed the Council that a group his students recently identified a joint project between their class and a class from Chekhov (sister city) to study the craters on Mars for signs of life. He said they presented the proposal to NASA, NASA accepted the proposal and they are now working jointly with Arizona State downloading information from their satellite link. He said this was a great project for the students of Saratoga Springs and Chekhov. Commissioner Stephen Towne asked if they would stay with this project until its completion. Charlie Kuenzel said yes. He said both schools will file a joint report to NASA. Mayor Kenneth Klotz asked if all of the students would travel to Arizona. Charlie Kuenzel said the control room at Arizona State is small, however, they are willing to accommodate 28 students. He said he hoped that some students from Chekhov would be able to make the trip. Students from the class agreed that this was a wonderful experience for them in learning about Mars as well as strengthening the relationship with Chekhov students. Charlie Kuenzel then introduced the students to the Council and thanked the Council for their time and interest in this project. ACCOUNTS DEPARTMENT Zoning Ordinance (03-080) Commissioner Stephen Towne said last winter the Zoning Ordinance Review Committee produced a very comprehensive document. He said, unfortunately, there were a number of concerns expressed by members of the community. He said because of those concerns the committee reconvened, met with members of the community, addressed their concerns and the Council has now received a revised document. He commended the committee for taking the time to address their concerns. He said the Council has received a favorable advisory opinion from both the City and County Planning Boards. He noted that the City Planning Board=s advisory opinion was favorable on all recommendations except for one. He said the City Planning Board objected to the delayed implementation of the zoning map amendment that would change the Weibel Avenue/Gilbert Road area from its current designation of Southern Weibel Avenue District to a new Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 designation of Rural Residential-1. The Planning Board favors making this change now which is consistent with the intent of the comprehensive plan. Commissioner Stephen Towne then moved and Mayor Kenneth Klotz seconded for the issuance a negative SEQR determination and for the adoption of the entire set of zoning amendments as proposed by the Zoning Ordinance Review Committee with the exception that map amendment #1 in section 5.0 which is the classification of the Weibel Avenue District being changed to Rural Residential-1 classification during this moratorium period realizing that there is a study group reviewing has been set up to review it and a recommendation to the Council at some point. Mayor Kenneth Klotz thanked members of the committee and Mike Welti for addressing the concerns of the community. He said they have done a lot of work and it was important to support this package in its entirety. He said there had been a lot of discussion in this particular issue. He said he had specific language to propose and said it could be done quite simply. He said this language has been debated extensively and then proposed that it be written as follows: Achange the zoning designation for the current Southern Weibel Avenue District (SWAD) to Rural Residential-1 (RR-1).@ He said the study process should continue and with the moratorium in place the exact nature of the language was inconsequential because the study process will take place. He said given the strong sentiment from the community this would be a good solution and he would support the motion. Ayes all. Preservation Foundation Contract Extension B Vote (03-081) Mayor Kenneth Klotz said on February 4, 2003, the Council approved a four month contract with the Saratoga Springs Preservation Foundation to provide staff services to the Design Review Commission for an amount not to exceed $2,000. He said this contract was intended to relieve the pressure on the planning staff until an assistant planner was hired. He said the recruitment of an assistant planner is underway but is was taking a little longer than anticipated. He said he hoped to have the position filled by the middle or end of June. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a contract amendment with the Saratoga Springs Preservation Foundation to extend the contract period from June 1, 2003, to July 1, 2003. He said there was adequate funding in the original $2,000 upset figure to cover this time extension. Ayes all. Public Workshop Schedule for Weibel Avenue/Gilbert Road Study Mayor Kenneth Klotz said the Weibel Avenue/Gilbert Road Study group will have its first meeting on Thursday, May 22 in the Music Hall from 7:00 to 9:00 p.m. He said the second meeting will be on Saturday, May 31 at the Lake Avenue Elementary School when there will be a charette. The results of the charette will be at their June 26 meeting from 7:00 p.m. to 9:00 p.m. Lou Schneider, chair of the committee, said they hoped to make a presentation to the Council by late July or early August. Street Name Changes (03-082) Paul Male informed Council members that he was proposing these changes for very specific reasons such as 911 related. He explained that the proposed change to the spelling on Edee Road was because the majority of the road is in the Town of Wilton and they recently changed the spelling in their town to AEdie@. He said the portion of the road within the City is quite small. He said the Council needs to set a public hearing on this proposal. It was agreed the public hearing would be set for June 3 at 6:35 p.m. Paul Male said the other proposed change was for Ruggles Road. He said there are currently two intersection of Old Schuylerville Road and NYS Route 29. He said they are approximately 1.6 miles apart and can cause confusion when responding to an EMS call that comes in as the intersection of Old Schuylerville Road and NYS Route 29. He then recommended that Ruggles Road be extended at the current intersection with Old Schuylerville Road to NYS Route 29 and Old Schuylerville Road be terminated at the easterly end prior to heading south to NYS Route 29. Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded that Ruggles Road be extended at the current intersection with Old Schuylerville Road to NYS Route 29 and that Old Schuylerville Road be terminated at the easterly end prior to heading south to NYS Route 29. Ayes all. Mars Research Project B Previously discussed. Preakness Results Mayor Kenneth Klotz informed Council members that he and Commissioner Thomas McTygue are putting together a suitable celebration for the Sackatoga Stable due to their recent wins at the Kentucky Derby and the Preakness. He said once the details had been worked out he would announce the date and time. He also noted that the owners of Funny Cide have asked that he attend the Belmont to represent the City. He said they were also planning to run the horse in the Travers. Floral Estates Subdivision -Conservation Easement Tony Izzo said conservation easements are a relatively new concept established under Article 49 of the New York State Environmental Conservation Law. He said this proposed easement would prohibit present and future owners of the property from using it for many specified purposes in the interest of preserving natural and wetland characteristics. He said he had spoken with Joseph Walsh, attorney for Floral Estates Homeowners Association, Robert Chauvin, developer=s attorney and Geoff Bornemann, City Planner. He said the information had been distributed to Council members and he would be glad to answer any questions. Commissioner Stephen Towne noted that this information had only been distributed today and he had not had sufficient time to review the material. He suggested that it be brought back to the next meeting for a decision. Council members agreed. Executive Session Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 8:55 p.m. to discuss personnel and contract related issues. Ayes all. Council members returned at 9:05 p.m. DEPARTMENT OF PUBLIC SAFETY Contract B Fire Chiefs Unit (03-083) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to accept the contract recommendation for the Fire Chiefs Unit in an amount not to exceed $55,000. Commissioner Thomas McTygue asked about the vacation days. Commissioner Thomas Curley said that was a typographical error and vacation time was not changing. Ayes all. MAYOR =S OFFICE Personnel (03-084) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept the proposal in the Scott Richardson case. He said this case was for neck and back injuries in 2000. He said the City had waived its rights to $4,490 and the case would be settled with less of a loss than what was recommended by the physician. Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 Ayes all. ACCOUNTS DEPARTMENT Other Commissioner Stephen Towne informed Council members that Larry Ferchaw, The Saratogian, reporter would be leaving the City and returning to his home in California. He thanked Larry Ferchaw for reporting on City Hall events and wished him well. Approve City Council Minutes B May 6, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the May 6, City council meeting minutes. Ayes all. Award of Bid B DPS Evidence Garage Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for the Police Department Evidence Garage to Munter Enterprises, Inc., in the amount of $36,790 (low bidder). He said this bid had been reviewed by the Purchasing Department and meets the Purchasing Guidelines. Ayes all. Award of Bid B Chemicals Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for chemicals to the various bidders for various prices (all low bidders). He said this bid had been reviewed by the Purchasing Department and meets the Purchasing Guidelines. Ayes all. Award of Bid B Decorative Street Lights Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for decorative street lights to Warren Electric for various prices (lowest overall bidder). This bid had been reviewed by the Purchasing Department and meet the Purchasing Guidelines. Ayes all. Cost Control Associates B Vote (03-085) Commissioner Stephen Towne reminded Council members that this item had been discussed at the last Council meeting. He said at that time Council members had requested additional information which had been received and forwarded to council members. He said he had not received any comments from Council members on that information. Diane Simonik said her company proposes to review service for cellular phones over a six month time period. She said they would do an analysis to determine which plans would be more cost effective for the City. She said it would not be their recommendation to change service providers or equipment. She said they would recommend changes in rates only. She said they will also verify those savings are achieved following the adoption of the recommendations. Commissioner Stephen Towne said he had the opportunity to review the telecommunication specialists position description to see if perhaps this review would fit within her purview. He said he had determined that it was not a realistic option for her to do such an in depth review. Commissioner Stephen Towne said he had also asked Jeff Wait, City Attorney, to review the proposed contract. Jeff Wait said he had reviewed the document and he had some concern with the payment schedule. Mayor Kenneth Klotz said it was his understanding that the City would be obligated to pay only if there was a Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 savings. Jeff Wait said that was his understanding, but apparently there is a cost whether a savings is found or not. He said he was concerned that if the recommendation from Cost Control Associates was not acceptable to the City, we would then be paying. Commissioner Stephen Towne said he would presume that there would be a good reason for not adopting the recommendations. Jeff Wait asked about the calculation for payment if the recommendations were not adopted. He said that paying for three years was along time. Diane Simonik said if the City switches plans because a better rate is achieved, after adopting these recommendations, the City would not be obligated to continue to pay. Commissioner Thomas Curley said there were also early termination fees to consider. Diane Simonik said that was true, however, early termination fees applied to changing service providers which her company would not recommend. Commissioner Stephen Towne said he had been able to negotiate a better payment plan from Cost Control Associates and they had agreed to 40 percent and 30 months. Diane Simonik reminded Council members that all of their recommendations were subject to Council discussion and review. Mayor Kenneth Klotz again said it was his understanding that the City would not pay for this service. Diane Simonik said that was true with the original contract. She said this contract was more labor intensive and a payment plan is part of the agreement. Mayor Kenneth Klotz said he has some concern with equipment. Diane Simonik said they would not recommend any changes in equipment. She said they would recommend changes to the rate plans only. Commissioner Stephen Towne said there is a potential for savings. Jeff Wait said that his questions had been answered. He said the key was there was still time for dialogue. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the contract with Cost Control Associates at the rate of 40 percent and the length of the to be 30 months. Ayes all. Zoning Ordinance B Vote Previously discussed. Vendor Ordinance Commissioner Stephen Towne reminded Council members that at the December 3, 2002, Council meeting he announced the formation of the Vendor Ordinance Review Committee. He said that committee has a broad representation of members. He said they are in the process of finalizing their meetings and documents and he requested a public hearing be set on this ordinance. It was agreed the public hearing would be held on Tuesday, June 3, at 6:40 p.m. FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: May 9, 2003 -- $334,593.52 and May 16, 2003 B $346,981.64. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2MAY03- -- Warrant 2-32 Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 General Fund $ 120,732.53 City Center Authority 16,372.00 Water Fund 109,160.46 Sewer Fund 846.23 Capital Project 25,496.90 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 2,903.48 $ 275,711.60 MC030514 - Warrant 2-8 General Fund $ 84,204.18 City Center Authority 373.79 Water Fund 6,954.92 Sewer Fund 1,212.03 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 92,744.92 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment B). Ayes all. Authorization for Mayor to sign City Center Authority Home Rule Request (03-086) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the City Center Authority Home Rule Request. Commissioner Michael Lenz said this home rule request would extend the life of the City Center Authority in perpetuity. He said it is currently scheduled to expire in 2007 and there is some concern because the City Center Authority is beginning to enter into agreements that extend into and beyond 2007. Commissioner Michael Lenz said once this home rule legislation has been adopted by both the house and the senate it will come back to the City for a public hearing and adoption. Ayes all. Pension Reform B Discussion Commissioner Michael Lenz said there had been a number of informational pieces which have come in from NYCOM updating the City on the pension reform. He said originally it was thought that the City would need to pay out an additional $1.2 million in 2003. He said the State Comptroller=s office has now put together a plan Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 that would require the City to make a minimum payment of 4.5 percent per year. He said that 4.5 percent was somewhat problematic if the rate was actually lower; however, in years such as this year where it is considerably higher, it was to the City=s advantage. He further noted that the payment schedule will be based on the previous April which is 20 months earlier than when the payments will begin. He recommended that the City consider this proposal. Mayor Kenneth Klotz said that it would be good to know the exact numbers when developing a budget. Commissioner Michael Lenz said that it would also allow the City a one time financing option in December to bond for early incentive retirement costs. Mayor Kenneth Klotz asked if this needed to be bonded would it be under the Connolly amendment. Commissioner Michael Lenz said yes. He said he hoped to not bond. Office of State Comptroller=s Report of Examination Deputy Commissioner Christine Gillmett-Brown said the draft report came in a few months ago. She said an exit conference was held with the representative and a letter of that exit conference had been submitted. She said this was now the final report which is no different from the exit conference. She said we now need to follow up within the next 90 days with a corrective action plan. She recommended that the City file the corrective action plan. She said she would work on developing that plan and filing it with the State Comptroller. She said this plan would include more detail and a timetable which is required by the state comptroller=s office. January, February, March and April 2003 Monthly Financial Reports Deputy Commissioner Christine Gillmett-Brown said she needed to wait until the encumbrances had all been completed before distributing this information. She said distributing this information before those encumbrances had been completed would not have given Council members the true picture. Commissioner Michael Lenz said these reports will be distributed monthly. Benergy Presentation B Announcement Commissioner Michael Lenz said there would be a Benergy presentation made to City employees on May 27 at 1:00 p.m. in the Council room. Deputy Commissioner Christine Gillmett-Brown said that this presentation will take about a half an hour. She said it is a computer on line package that will allow employees to see all of their benefits on line. She said this will allow them to review the health insurance contacts and to do comparisons between them. She said this would be a good option for the new Human Resources Director. DEPARTMENT OF PUBLIC WORKS Curb Work Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract for DPW to install 95 lineal feet of curbing in front of 62 Fifth Avenue. He said the City had already received the check in the amount of $1,425 for this work. Ayes all. Commissioner Thomas McTygue said he had some additional contracts for curbing that he would distribute to Council members and seek approval via memo. Donation Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that the City accept the donation from Elliot Masie and the Masie Center of three classic cement chess tables to be placed in Congress Park. He said the estimated value of these three tables is $2,510.04. Ayes all. Reimbursement/Storm Aid Commissioner Thomas McTygue announced that yesterday the City received a check in the amount of Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 $56,423.15 from the Federal Emergency Management Agency which represents the City=s share of reimbursement aid for the heavy Christmas snow storm of December 25 & 26. He said the City had applied for this reimbursement during April. He said this check covers all storm related costs that were incurred and identified by the DPW during the height of the storm and the cleanup period thereafter. He said the eligible program costs that were identified the City during this period totaled $62,355 including administration, labor, equipment and material. Landfill Closed on Thursday, May 29, 2003 Commissioner Thomas McTygue announced jointly with the Saratoga County DPW that the Weibel Avenue Recycling Center and the City Transfer Station will be paved on Thursday, May 29 and will, therefore, be closed. He said the rain date is May 30. DEPARTMENT OF PUBLIC SAFETY Public Assemblage Ordinance Commissioner Thomas Curley said he would not seek a vote on this tonight and said another public hearing would be set for June 3, at 6:30 p.m. Preservation Award B Firehouse Repairs Commissioner Thomas Curley announced that the City had received a preservation award in recognition of the recent renovation work done at the Lake Avenue Fire House. He said the City went to a lot of effort in working with the Office of Parks and Recreation in maintaining the architectural character of the building. Authorization to sign Haz Mat Agreement (03-087) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the signing of the contract in connection with the HazMat Vehicle with Saratoga County. Commissioner Thomas Curley said the County would transfer this vehicle and all equipment to the City to be maintained in the City for the hazmat program. He said the County had paid for this vehicle and equipment. Ayes all. Executive Session B Previously discussed. Authorization for Mayor to sign the School Resource Officer Grant Application (03-088) Asst. Chief Jim Cornick said the City will try for the third time to obtain a grant for a school resource officer for the Maple Avenue School. He said it is a grant of up to $125,000 with the school paying the balance of $20,000. He said the school and the City would jointly fund the program during the fourth year with the City paying 25 percent and the school paying 75 percent. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the grant application in the amount of $125,000 for the school resource officer at the Maple Avenue School. Ayes all. Authorize the Mayor to sign the Homeland Security Overtime Program grant application (03-089) Asst. Chief Jim Cornick said the Department of Justice is funding overtime cost for additional homeland security measures. He said this would be a highly competitive grant process. He said the City would incur some costs in training and intelligence gathering. He said the amount of this grant if approved could be up to Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2003 $25,000. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the grant application in the amount of $25,000 for the homeland security overtime program. Ayes all. Authorization for Mayor to sign the Public Safety Vehicle Contract (03-090) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract which allows the City to purchase the police care in an amount not to exceed $25,000. Ayes all. Authorize for Mayor to sign Multi-Modal 2000 Grant contract for Alternative Parking Signs (03-091) Asst. Chief Jim Cornick said the City has applied for a grant for alternative parking signs on a citywide basis. He said the City received $10,000 and matching funds are required. He said the original grant application was for $35,000. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the $10,000 grant contract for the Multi-Modal 2000 Alternative Parking Signs. Ayes all. Authorize the Mayor to sign the Saratoga County Stop DWI contract (03-092) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the contract with the County in the amount of $36,000 for the County Stop DWI program. Ayes all. ADJOURNMENT Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 14 of 14