City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 17, 2004 7:00 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor (arrived 7:00 p.m.) STAFF PRESENT: Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Alicia Wardell, Deputy Mayor Matthew Dorsey, City Attorney PUBLIC HEARING Hub Parking Commissioner Thomas McTygue said that those companies that submitted proposals for the proposed development on Woodlawn Avenue (Hub Parking Lot) would present their proposals this evening. UW Marks/Mill Creek: Keith Leal, Project Coordinator; Peter Marks and Andy Allison, Saratoga Associates appeared before the Council to present their proposal. Keith Leal preceded his remarks by saying that their proposal met the parameters of the RFP. He said they proposed to subdivide the parcel, develop a four story mixed use on the 85x53 lot with a foot print of 3833 square feet. He said the first floor would be retail and the remaining floors would be office space. He said the building could be a five story building, however, they believed that in keeping with the neighborhood, four stores were more appropriate. He said they would require no subsidies and could commence work immediately. Andy Allison said they felt it was necessary to keep the building in scale to the rest of the neighborhood. He said their proposed structure would not dominate the area. He said this building should not compete with the Broadway buildings but rather they should respect the street scape along Church Street. He said the buildings along Church Street are smaller at two or three stores. He explained that with their proposal they proposed a divided facade that would appear as three. He said they propose brick construction on one end, the middle facade showing more glass and the structure closest to Broadway would be somewhat bigger than the other two. He said the fenestration would be slightly different on all three facades. He reminded Council members that the building is surrounded on the north side by residential and on the south side with one story structures. He said there was not a lot of density in this area. He said their structure would be a modern interpretation with historic details. He said in the open space near Broadway a park like setting would be created with benches and a hard surface. Keith Leal said this project would create between 115 and 130 jobs. He said they are proposing to be both the developer and the contractor. He said they have some ideas on the parking garage and financing options if the City was interested. Bruce Levinsky, Merlin Development, said his proposal came from being in the City for more than 20 years and realizing that the impetus for this proposal was the Council’s response to solve the City’s parking problem. Page 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 He said when he and his team reviewed the RFP, it was apparent that the composition of the RFP created some problems in solving parking. He said the proposed development from the RFP could, in fact, compound the parking problem. He said any parking structure on this site would really be used by employees of the Adirondack Trust Company, the LA Group and patrons of the Saratoga Arms. He said upon reviewing the RFP they decided to respond in a larger scope. He said this location is too valuable to be devoted to a minimal amount of parking spaces. He said he believed a five or six story structure could be constructed on this site and the parking structure should be shifted to the lot along Woodlawn Avenue, behind the Roohan building. He said they are proposing a 50,000 square foot structure and parking for between 600 and 800 cars. He said the City is at a critical point and the Council should consider charging for parking. He said the City should not have to subsidize the parking structure. He also suggested that this is a regional problem and not just a City problem and the City should reach out to state and county officials on funding. He said the parking garage should be self-sufficient. Bruce Levinsky said that on a final point, thought should be given to have a transportation center for buses, taxis, etc., in the downtown area. Adirondack Trust Company: Mike Ingersoll, The LA Group, representing the ATC, said they believed they complied with the RFP. He said they were not here this evening to design a parking structure. He explained that ATC owns the parcel to the west of this site. He displayed pictures of this area from 1959 showing the coal facility and rail station. He said they believed the corner of this lot had important civic value. He pointed out that when the coal facility existed the towers were at 70 feet. He said they propose to expand their parcel by purchasing the 55x110 adjacent parcel. He said they would also eliminate the curb cut opposite the Railroad Place intersection and center the building on the lot. He said they could construct up to a five story building. He said the ATC was offering $605,000 for the site. He said they would propose to begin construction immediately and hopefully be done by next year. He said the first floor would be commercial and the upper floors would be for ATC employees. He noted that they would not be adding to the downtown parking because these employees, for the most part, already work in the downtown. He said the City could gain 110 parking spots at this location. He also noted that they would construct a parking lot of between 50 and 60 cars for their employees. He said during the construction phase, their private parking lot would remain open to the public. He said they estimated that the City would gain approximately $80,000 in property taxes from this site. He said they have not yet had their architects design the structure, however, there would be a lot of detail to all four sides. He said most importantly the building would be constructed by ATC. He said the old Hub building would need to be demolished if this project was to come to fruition. He said they would also like a condition on the sale of this parcel that the funds are dedicated to a parking lot at this location or along Woodlawn Avenue and that they also are granted approvals by the appropriate City Boards to demolish the old Hub building. Mayor Michael Lenz asked if the scale of the ATC building would accommodate more than one deck of parking on the corner. Mike Ingersoll said yes. He said it would depend though on how high the City wanted to go for the parking structure noting that there is residential use in this area and elevation changes. Jeff Pfeil asked what were the numbers for the UW Marx proposal. Keith Leal said they would offer $200,000. Jeff Pfeil said the math seemed simple. He said the parking issues needed to be addressed as soon as possible. He said there was merit to the parking proposal along Woodlawn Avenue, but an RFP should be done for that parcel. He said if the City was to gain $605,000 from the sale of the parcel and receipt of up to $80,000 in property taxes, it was a good plan. He said a structure constructed by ATC would be a good building. He also noted that this project could be the catalyst for others. He also agreed that some thought should be given to paid parking. Commissioner Thomas McTygue pointed out that if this lot is developed and the parking structure comes to fruition, then the Woodlawn Avenue lot would become two hour parking. He said that would have a major impact. Bruce Levinsky said that he was offering to lease the parcel at $50,000 per year for 30 years. Commissioner Thomas McTygue suggested that the Chamber and the SAD be approached on their thoughts Page 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 on paid parking. He also said if this project moves ahead, the next project will be parking in the lots behind City Hall. He said that location could be developed with a structure and an overpass to City Hall or the lot next to the Algonquin building. Bruce Levinsky said that it is widely accepted knowledge that if people have to pay to park in a structure and they do not have to pay to park elsewhere, they will not use the parking structure. Cynthia Corbett, Walton Street, asked that the Council keep in mind that this is a residential neighborhood. Keith Leal asked for clarification on the purchase price proposed by ATC. Mike Ingersoll said the funds proposed are to purchase the land in the RFP and a portion of the adjacent lot. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. (Anthony Scirocco arrived: 6:55 p.m.) Coin Drops Commissioner Stephen Towne said the coin drop procedures for the City had recently been addressed at the Safety Committee. He said the coin drop solicitation agreement had been circulated to Council members. He said he also met with Commissioner Thomas Curley and Marilyn Rivers on this matter. He said the highlights of the proposal were that there would be no children under the age of 16, those children who are 16 or 17 must have parental or guardian permission and be supervised at all times and safety vests must be worn. He said there would be a $50 refundable fee for safety vests. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:00 p.m.. He then welcomed Boy Scout Troop #70. The troop led the Council in the Pledge of Allegiance. PUBLIC COMMENT PERIOD Mayor Michael Lenz said before he opened the public comment period, he wanted to review some of the criteria that were recently adopted under the Rules of Conduct at the last meeting. He said that speakers should provide their name, address, limit their comments to two minutes, a total of 15 minutes will be allowed, all remarks are to be addressed to the Council as a whole, observe courtesy, no Council members shall interrupt a speaker and Council members shall be allowed the opportunity to respond at the end of the public comment period. William Connolly, 28 Stockholm Road, informed Council members that if the City’s proposed water project comes to fruition, he will bring a lawsuit against the City as a taxpayer. He said he was not representing SLIPD. He said there had been discussion on the urgency on identifying a water supply source and he wondered how long it would take to get the water when the City would be undergoing litigation. He asked what was the City’s projected timetable. He said if there really was an emergency in obtaining water, a timeline needed to be established. He suggested that alternative sources be looked at in conjunction with that timetable. He also asked who would enforce the no fishing and the no recreational use area that would be within a quarter of a mile of the intake and how much would that cost. He said the City is also not prepared for water rescue because they City does not have equipment such an air boat. He said that all of those issues need to be identified and a dollar amount attached. Page 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Edward Dweck, Route 9P, Chair of SLIPD, said there was some rhetoric at the last Council meeting on establishing the Council as lead agency. He said the SLIPD is not requesting a closed door meeting with DPW. He said they want an open process and they are willing to meet with DPW. There being no one else wishing to speak, Commissioner Michael Lenz closed the public comment period. Commissioner Thomas McTygue said there had been talk that litigation could take up to ten years. He said the City believes that it has a flawless document. He said the judges will not hold up this process with frivolous lawsuits. He said the City went to court several years ago on the carousel and those proceedings were extremely short. He said no judge will allow this foolishness. Commissioner Thomas Curley said the City recently obtained a grant that could allow for the purchase of rescue equipment. DEPARTMENT OF PUBLIC WORKS DEIS Closure (04-036) Doug Ward said that at the last Council meeting there was discussion on closing the public comment period. He said the Council raised a number of questions at that time. He said those questions were submitted and he a response was made on February 15. He said that he is advocating that the Council close the record after this ten month process. He said normally the SEQR allows for a 45 day public comment period. He said a number of requests for informal discussions have arisen and he was concerned that the public comment period was still open. He said SEQR does not allow for informal discussions. He said comments must be public and can only be received by the Council after due notice of a public hearing. He said by closing the public comment period, the Council would be going off the record. He said if the Council wants to go back on the record at any time, the Council can do so. Commissioner Thomas McTygue clarified that if the public comment period was closed, he could then talk to SLIPD. Doug Ward said yes. Doug Ward also recommended that the Council proceed to the FEIS. He said the FEIS will respond to all of the comments made to the Council. He said once the comments have been addressed, the Council is still free to take whatever action they would like, but they would also have the benefit of the consultant’s recommendations. He said an FEIS does not commit the City to any course of action. He said the City could still choose to participate in the County DEIS if they choose to do one. Doug Ward then read the resolution as follows: REGARDING CLOSURE OF THE PUBLIC COMMENT PERIOD UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) AND INSTRUCTION TO CONSULTANTS TO PREPARE THE FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) WHEREAS, the City of Saratoga Springs has proposed to develop a new water supply source to meet the community’s long term and emergency water supply needs. WHEREAS, this proposal must be evaluated pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) (Article 8 of the New York State Environmental Law) and implementing regulations (6 NYCRR Part 617). Page 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 WHEREAS, the City Council was provided with a proposed Draft Environmental Impact Statement (DEIS) and released the DEIS for public review. WHEREAS, a public hearing was held to take public comment on the DEIS on March 6, 2003. WHEREAS, the City has also received written public comment on the DEIS. WHEREAS, the date for closing the DEIS public comment period has been established and extended periodically by the City Council and as a result the public has had over ten months to comment on the DEIS. WHEREAS, on July 15, 2003, the City Council ordered the preparation of a Supplemental Environmental Impact Statement (SEIS) to consider three new alternatives: the purchase of water from the City of Amsterdam, the purchase of water from the Town of Glenville and amendments to the County water supply option. WHEREAS, the City has since evaluated these alternatives and determined that the purchase of water from the City of Amsterdam or Town of Glenville is not economically feasible and that the County’s water supply development proposal remains in a conceptual stage and for these reasons the City Council has determined that conducting an SEIS regarding these options is not presently warranted. WHEREAS, the City, in evaluating the public comments on the DEIS, finds that an FEIS should be prepared and filed so that the Council and the public can receive and consider the City’s consultants responses to such public comments before deciding on a next course of action. NOW, THEREFORE, BE IT RESOLVED, based on the record and the above considerations and consistent with SEQRA, the City Council determines that it will not require preparation of an SEIS at the present time. IT IS FURTHER RESOLVED, that pursuant to SEQRA, the City Council hereby closes the DEIS public comment period, and IT IS FURTHER RESOLVED, that the City Council instructs its consultants to prepare and file a Final Environmental Impact Statement for submission to the City Council for its consideration. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to accept the “Resolution Regarding the Closure of the Public Comment Period under the State Environmental Quality Review Act (SEQRA) and Instruction to Consultants to Prepare the Final Environmental Impact Statement (FEIS)” as presented. Doug Ward said there had been some previous discussion on the SEIS but he believed that the proposed resolution addresses that matter stating that the Council found that the SEIS was not warranted. He said the Council could choose to do an SEIS at a later date. Matt Dorsey said it would be helpful for the Council to know the timetable on this closure and how long it would take for the FEIS to be submitted to the Council. Rich Straut said he expected that it would take about eight weeks to complete the process. Matthew Dorsey asked for clarification on what exactly was included in the DEIS. He said he assumed it was the comments from the public comment period, the responses to those comments and any revisions or supplements to the DEIS. Doug Ward said that was correct. Doug Ward also said it would be most helpful for Rich Straut and him for the Council to submit any substantive questions that Council members would like addressed in the FEIS. He said this document becomes the Council’s document so Council members have a hand in crafting it. Matthew Dorsey asked if the eight weeks was spent entirely with the responsiveness statement. Rich Straut said in order for him to get through this process and to get a good response prepared, he would need about eight weeks to do so. Page 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Matthew Dorsey said it seemed appropriate to close the public comment period. He said it would allow the Council to have the informal discussions with other parties on other proposed alternatives. He said his question to the Council though was did the Council want to direct the consultant to draft the FEIS. He suggested that perhaps the public comment period be closed and the consultant be directed to address the comments and to also include the revisions or supplements. He said perhaps the Council should give some thought to not directing the consultant to draft the FEIS which would give the Council the ability to review the comments and responses prior to that step. Doug Ward said that is really not much different from what he proposed. He said what Matthew Dorsey suggested is the FEIS. He said that what the Council gets back from the consultant will be the FEIS in the FEIS format. He said it will not become the FEIS though until the Council says so. Mayor Michael Lenz asked if it made a difference if the document that comes back to the Council is called a draft. Doug Ward said it did not matter what the document was called. He said this motion would convey to the consultant what the Council wanted for its next step. He said if the Council wants to call it a draft and take out the clause about filing the FEIS that was fine with him. Matthew Dorsey clarified that the draft FEIS would be made up of the DEIS, comments, responses to those comments and revisions or supplements. He said this would allow the Council the eight week time period to discuss options with other interested parties. Doug Ward said there would not be a real difference between what Matthew Dorsey suggested and what he recommended. He said the Council would get the responsiveness summary and page changes to the DEIS. He said there are supplements and there will be comments on those supplements. He said the SLIPD proposal will be addressed also. Commissioner Thomas McTygue said the supplements are already in the document. He said the Amsterdam, Glenville and upper Hudson proposals are already included. Doug Ward said as part of the discussions if the Council chooses to go in another direction, the time to make that decision would be after a complete and final review of the City’s proposal. He said this information also needed to be made available to the public and that can be done after this process. He said after the Council’s review of the FEIS, the Council can decide if more needs to be done. Mayor Michael Lenz said one of his concerns was the discussions with SLIPD. He said closing the DEIS will allow the City the ability to talk to groups such as SLIPD, County and Glenhollow. Mayor Michael Lenz asked if the City would still have the ability to make changes to the FEIS and/or to take another course of action. Doug Ward said yes. He said the document that comes back to the Council still allows the Council to make more comments or changes. He said the Council would have the option of closing the FEIS and then doing an SEIS if they would like. Mayor Michael Lenz said he would like to see the information prepared but he did not want to direct the consultant to craft the FEIS. Doug Ward said that what the Council will get back from the consultant is 98 percent of the FEIS. He said Rich Straut will put together all of the questions, comments and provided the responsiveness summary. He said there will also be some page changes to the DEIS. He said the difference between the DEIS and the FEIS is the responsiveness document. He said that from Rich Straut’s standpoint,it was easier to give the Council everything. Doug Ward said the Council can call the document anything that it would like but it needed to be prepared in such a way that it can be made available to the public if the Council so desires, or more information could be sought from the consultant. He said it can simply be renamed, called the FEIS and made available to the public. Commissioner Matthew McCabe said he submitted questions and asked when they would be addressed. Doug Ward said all of the questions will be addressed and the Council will have the ability to determine whether they are satisfied with the answers. Commissioner Stephen Towne said this has been a troubling process. He said for the last two Council meetings this item has been listed as DEIS closure. He said that after the last meeting there were 47 Page 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 questions asked of Doug Ward and Rich Straut. He said he appreciated all of their work, however, he only received those responses today and had not yet had time to review all of it. He said at the workshop agenda meeting this morning there was no discussion on the fact that this was going to be a request to authorize the consultant to prepare the FEIS. He said the other issue was that in the resolution there is a statement that says the Council has determined that the SEIS is not presently warranted. He said he came to the Council meeting this evening prepared to close the public comment period. He believed, though, that the recommendations from Matthew Dorsey had some merit. He said the City has received other options and they should be included. He said he was prepared to act on the closure of the public comment period but not the other issues such as the SEIS and the FEIS. Doug Ward said the SEIS pertained to three specific options: Amsterdam, Glenville and the County. He said if the Council wants to move forward with a variation on the County or some other alternative that would require another motion. He said that closing the DEIS was a housekeeping matter. He said the Council would not be closing the door on an SEIS at a later date. Mayor Michael Lenz asked if the statements in relation to the SEIS could be removed from the resolution. Doug Ward said yes. It was agreed that the two paragraphs on the front page (Whereas on July 15, 2003, . . . and Whereas the City has since evaluated . . .) would be removed. Commissioner Thomas McTygue said many of these questions have already been answered. He said there are minutes and letters showing that they have been addressed. He said that time was also important matter. He said the state’s review could take up to 12 months. He said if all goes well, it puts the City in a position of about four years. He said the City is still looking for a long term water source and a few hundred thousand gallons a day does not solve our problems. He said the City needs a long term source of 11 mgpd. He said the City has already approved two large hotels and there is a great demand on the City’s water treatmentplant. He said the City’s water treatment plant can sustain a safe yield of 7 mgpd. He said installing a 12 inch water line around Saratoga Lake would not get the job done either. He said he did not want to drag this issue out any ore. He said the Council needs to act on this tonight. Commissioner Thomas McTygue said the water treatment plant was constructed in 1936 and was designed to handle 5 mgpd. He said in 1970 it was redesigned for 9 mgpd and the City will be at that point in the next few years. He said that the City has a state of the art plant, but it would only take one drought season. He said the pressure and the volume were of great concern for the water treatment plant. He said if there are problems at Loughberry Lake, he wondered where the City’s water would come from. He said the City has been talking about this matter for four or five years and it was time to close the process and move ahead. It was agreed to remove the first paragraph on the second page (Now, therefore, be it resolved . . .). It was also agreed that rather than directing the consultant to prepare and FEIS that they would-be directed to “prepare a responsiveness summary document for the FEIS.@ It was also agreed that the two paragraphs on the first page beginning, AWHEREAS, on July 15, 2003, . . .@ and WHEREAS, the City has since evaluated these alternatives . . .@ be removed. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to amend the motion to remove the two paragraphs on the first page beginning, AWHEREAS, on July 15, 2003, . . .@ and AWHEREAS, the City has since evaluated these alternatives . . .@, remove the first paragraph on the second page beginning with “Now, therefore be it resolved” and that the last paragraph on the second page should state that the consultants will prepare a responsiveness summary for the FEIS rather than preparing the FEIS and . Ayes all. The amended resolution reads as follows: RESOLUTION REGARDING CLOSURE OF THE PUBLIC COMMENT PERIOD UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) AND INSTRUCTION TO CONSULTANTS TO PREPARE THE RESPONSIVENESS SUMMARY FOR THE Page 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) WHEREAS, the City of Saratoga Springs has proposed to develop a new water supply source to meet the community’s long term and emergency water supply needs. WHEREAS, this proposal must be evaluated pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) (Article 8 of the New York State Environmental Law) and implementing regulations (6 NYCRR Part 617). WHEREAS, the City Council was provided with a proposed Draft Environmental Impact Statement (DEIS) and released the DEIS for public review. WHEREAS, a public hearing was held to take public comment on the DEIS on March 6, 2003. WHEREAS, the City has also received written public comment on the DEIS. WHEREAS, the date for closing the DEIS public comment period has been established and extended periodically by the City Council and as a result the public has had over ten months to comment on the DEIS. WHEREAS, the City, in evaluating the public comments on the DEIS, finds that an FEIS should be prepared and filed so that the Council and the public can receive and consider the City’s consultants responses to such public comments before deciding on a next course of action. NOW, THEREFORE BE IT RESOLVED, that pursuant to SEQRA, the City Council hereby closes the DEIS public comment period, and IT IS FURTHER RESOLVED, that the City Council instructs its consultants to prepare and file a Responsiveness Summary for the FEIS for submission to the City Council for its consideration. Barton & Loguidice Contract Commissioner Thomas McTygue moved to extend the agreement with Barton & Loguidice for their services in connection with the alternative water source project. Commissioner Matthew McCabe said because this was not listed on the agenda, it should not be acted upon. Council members agreed. Commissioner Thomas McTygue said he would bring this back to the next Council meeting. MAYOR=S OFFICE Zoning Amendment in relation to PUD legislation Mayor Michael Lenz said the Council has received a request from the Planning Board to amend the wording in the current zoning ordinance relating to the maximum densities permitted in planned unit development districts. He said the Planning Board believes that the proposed text amendment will correct an existing ambiguity in the current wording. He said the Council need to decide if it will accept this amendment for study. He said if the Council accepts it for study, the next step would be to set a public hearing on the proposed amendments. Geoff Bornemann said this was a request from the Planning Board to clear up some confusion in base density in PUD legislation. He said the Planning Board discussed this matter with the City Attorney’s Office and the City Attorney’s Office provided an opinion on the matter. He said the Planning Board voted favorably(7-0) to forward this matter to the Council. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the amendment for study and to set the public hearing for this amendment on March2, 2004 at 6:55 p.m. Ayes all. Page 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 DeMeo Zoning Amendment Petition Mayor Michael Lenz said the City has received a petition from Mark and Stacey DeMeo for a zoning map amendment that would change the classification of about three acres of land on the north side of Newark Street from Rural Residential-1 (single-family homes on two acre lots) to Urban residential-1 (single-family homes on 1/4 acre lots). He said the land includes the DeMeo property and that of three other property owners. He said the Council needs to decide if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mark DeMeo said they purchased this property awhile ago and were exempt from the moratorium. He said, though, that the zoning of this parcel was then changed from UR-1 to RR-1 before they could pull the building permit. He said they purchased the parcel with the plans to construct a home. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. City Historian Hourly Rate (04-037) Mayor Michael Lenz announced the hourly rate for the City Historian at $16/hour. City Hall Annex Renovation Change Order #4 Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve change order #4 for the City Hall Annex renovation work to Carpenter Roseland in the amount of $12,830. He said the funds are within the 2003 budget. He noted that both the Purchasing Department and the Finance Department have reviewed this request. Ayes all. Recreation Commission Appointment Mayor Michael Lenz announced the appointment of Dora Lee Stanley to the Recreation Commission. Executive Session Mayor Michael Lenz requested an executive session for the purpose of land acquisition discussion. ACCOUNTS DEPARTMENT Approval of February 3, 2004, meeting minutes Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the February 3 City Council meeting minutes. Ayes all. Extension of Bid --Printed Polyethylene Bags Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to approve the extension of the bid for the Printed Polyethylene Bags with All American Poly for one year under the same terms and conditions. He said this bid had been reviewed by the Purchasing Department and meets Purchasing guidelines. Ayes all. Coin Drop Solicitation Agreement (04-038) Commissioner Stephen Towne said as a follow up to the public hearing held earlier this evening, he proposed the adoption of the Coin Drop Solicitation agreement as presented. Page 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Commissioner Stephen Towne said that as a result of a review of the Coin Drop Policy by the Safety Committee and further discussions with the Department of Public Safety and Marilyn Rivers, Risk & Safety Manager, the coin drop solicitation agreement was revised and distributed with the agenda. He said highlights include: B no child under the age of 16 will be allowed to participate in the coin solicitation process. B each child age 16 and 17 must have a written parental/guardian permission in order to participate B children under the age of 18 must be under the direct supervision of an adult B every participant will need to wear a safety and reflective vest -- The cost of the vests will be absorbed by the Accounts Department and will be issued under the direction of Marilyn Rivers to participating organizations with a required $50 refundable deposit to ensure the return of these vests. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to formally adopt the Coin Drop Solicitation Agreement for use as an interdepartmental tool for community groups wishing to schedule coin drops within City limits effectively immediately. Ayes all. Machine Custodian Contracts (04-039) Commissioner Stephen Towne said that late today, revised contracts for the election machine custodians were sent to Council members. He said there was only one change to the contract distributed with the agenda and that was under paragraph #3, the last sentence, “The parties further understand that work performed by Mr. Ullmann or Mr. Prock under this agreement shall be performed as an independent contractor and not as an employee of the City of Saratoga Springs.” Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the agreements with Charles Prock and Thillo Ullmann, voting machine custodians, in the amount of $3,500/each for the upcoming primaries and elections. These agreements have been reviewed by the City Attorney’s Office, Risk Manager and the Board of Elections. He said the funds were within his budget. Ayes all. Special Counsel Services B Quadgraphics (04-40) Commissioner Stephen Towne requested approval from the Council for the engagement of special counsel for Article 7 matters. He said the contract would be with Bartlett, Pontiff, Stewart & Rhodes and more specifically with Martin Auffredou of that firm. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the agreement with Bartlett, Pontiff, Stewart & Rhodes as presented. He said the agreement had been reviewed by the City Attorney’s Office. Commissioner Thomas McTygue asked for the dollar amounts. Commissioner Stephen Towne said that the terms were as follows: $150/hour for principal’s time; $130/hour for associate’s time; $100/hour for paralegal time and travel expenses. Ayes all. FINANCE DEPARTMENT Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: February 26, 2004 B $347,970.22 and February 13, 2004 B $372,268.11. Ayes all. Page 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Finance Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2003 Regular Warrant February 17, 2004 $ 90,799.03 2004 Regular Warrant February 17, 2004 $561,249.72 2003 Mini Warrant February 11, 2004 $ 115.12 2004 Mini Warrants February 11, 2004 $ 76,222.81 February 26, 2004 $ 16,179.66 Ayes all. 2004 Budget Transfers B Salary lines Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 budget transfers to and from salary lines (Attachment A). Commissioner Matthew McCabe said lines 1 and 2 are a request from Accounts to transfer from the Deputy Registrar to Part Time clerk to pay the person for work performed during transition period. Lines 3 and 4 is a request from Accounts to properly budget Commissioner line to include $500 raise. Lines 5 and 6 is a request from Finance to properly budget for Commissioner line to include $500 raise. Lines 7 and 8 is a request from Accounts to move money from labor line in Elections to a new professional service line in Elections to pay moving company to move machines. City previously used DPW and paid laborers. Ayes all. 2004 Budget Transfers B Regular Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the regular 2004 budget transfers previously distributed (Attachment B) Commissioner Matthew McCabe said this is a request from DPS to consolidate all police department training expenses to one budget line. Ayes all. 2004 Budget Transfer B Revenue Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2004 revenue budget transfers previously distributed (Attachment C). Commissioner Matthew McCabe said this is a request from the Mayor’s Office to move the Civil Servicebudget from Finance to Mayor in accordance with the 2004 City Charter. Commissioner Thomas McTygue asked for clarification on what this was. Mayor Michael Lenz said that this was originally in the Finance Department budget but was now moving to the Mayor’s Office. He said there was no increase in funding. Ayes all. 2004 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 Budget Amendments previously distributed (Attachment D). Page 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Commissioner Matthew McCabe said that lines 1 and 2 is a request from the Mayor’s Office for a grant received by Visitor Center for the July Chamber music series. He said that lines 3 and 4 is a request from the Mayor’s Office for the traffic study on Church Street and the applicant paid for the study. He said that lines 5 and 6 is a request from the Accounts Office to record a reimbursement from a taxpayer for a federal express package. Ayes all. 2004 Bond Resolution (04-041) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the 2004 Bond Resolution. The resolution will allow the City to Bond the capital projects approved in the 2004 Capital Budget (Attachment E). Commissioner Matthew McCabe said the Finance Office plans on issuing a Bond in April. The resolution requires a 4/5 vote. Therefore he requested a roll call vote. Roll Call Vote: Mayor Michael Lenz aye Commissioner Matthew McCabe aye Commissioner Thomas Curley aye Commissioner Thomas McTygue aye Commissioner Stephen Towne aye Ayes all. 2003 Sales Tax Commissioner Matthew McCabe said that the City received the final 2003 sales tax payment from New York State Taxation and Finance on February 12. He said the County will make a final distribution to the City on February 19 for 2003 old money. Upon receipt of that payment, the County will have distributed $350,277 to the City in the form of voluntary and old money in fiscal year 2003. The City will receive a small interest payment later this week from NYS. The interest payment will be approximately $250.00. Commissioner Matthew McCabe said that sales tax received for the fiscal year of 2003 was $6,947,713, the sales tax received for the sales tax year was $4,797,296. Commissioner Matthew McCabe said the Council needs to focus on the fiscal year information. Mayor Michael Lenz asked about the percentage increases/decreases on those figures. Commissioner Matthew McCabe said on the fiscal year there was a 4.39 percent decrease over the previous year and on the sales tax year there was a 7.12 percent decrease over the previous year. DEPARTMENT OF PUBLIC WORKS Senior Citizens Center Letter Commissioner Thomas McTygue said that in November 2003, he asked Bill Davis, Senior Citizens Center, for a copy of the letter he referred to during the budget discussions. He said that Bill Davis said that he would provide that letter. He said that since that time, he has not gotten the letter and he had called twice asking for the information. He said there was then a response from their Board stating that they would not send the letter to the City. Commissioner Thomas McTygue said he believed that any organization seeking funding from the City should open their books to the City, as well as provide the City with requested information. He said he did not believe there was any reason for them to refuse to forward him the information. He asked the Mayor make this request of the Senior Citizens Center Page 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Mayor Michael Lenz said he could make that request and at the same time he would ask the City Attorney to research whether there might be a legal reason why the Senior Citizens Center may or may not want to provide the City with the letter. Commissioner Stephen Towne read from the November 18 City Council minutes. He said that he was under the impression that there was not just one letter from the United Way. Commissioner Thomas McTygue said there was no reason why they could not submit the information to the Council. He said he believed the information that the Council received during the budget discussion was false. He said it was not factual and it was interesting to find that the Senior Citizens Center may not have been truthful. South Arterial Lighting Commissioner Thomas McTygue said that he recently received a letter from Niagara Mohawk concerning the street lighting along Route 50 from West Avenue to the tree nursery. He said there are 25 lights. He said in 1998, the state installed the wrong lights along that road. He said in his last meeting with Niagara Mohawk on May 2, 2003, a compromise was reached which would allow the state to remove the poles and fixtures, they would install the new poles and lights and the City would pay this expense. He said the state, to date, has failed to do this. Therefore, Commissioner Thomas McTygue moved that the City commence action against the state and request that these lights be changed within a reasonable time. Matthew Dorsey, City Attorney, said he would prefer a little time to review this matter. Commissioner Thomas McTygue agreed to that request. He said his department would bring the City Attorney up to speed on this matter. Undeveloped Commercial and Residential Projects B Update Geoff Bornemann said he had compiled a list of the undeveloped commercial and residential projects. He said these were very rough numbers. He noted that there are approximately 1200 unbuilt lots that could require approximately 325,000 gallons of water per day. He said there are 900,000 square feet of nonresidential projects under construction which will require 75,000 gallons per day. He said the total water consumption on these projects is approximately 400,000 gallons per day. Mayor Michael Lenz said there was some discussion at the Planning Board on whether projects were or were not going to be approved because of water. Geoff Bornemann said there was some limited discussion and they are considering holding a workshop on this matter. Commissioner Thomas McTygue said that former Planning Board Chairman Lew Benton made a presentation to the Council explaining that the City would be exceeding our water capabilities. He said those comments were prefaced by saying that he believed the numbers were low. He said this is a very important matter. Geoff Bornemann agreed that the Planning Board changed their base line assumptions on water consumption. He said the Planning Board continues to monitor estimated water consumption. He said they hoped to have Barton & Loguidice assist them in this area. DEIS Closure Previously discussed. DEPARTMENT OF PUBLIC SAFETY Page 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Purchasing Policy Changes (04-042) Commissioner Thomas Curley said there had been some discussion on this matter at the last Council meeting when he made a request to purchase plaques for employees to recognize their years of service. He said Assistant City Attorney, Tony Izzo, has since done some research on the matter. He said Tony Izzo cited the comptroller’s opinion as well as information from NYCOM. He said the comptroller’s opinion states that it is an appropriate expenditure. He said in Tony Izzo’s memorandum, he cited the dollar value of $75 and thought that would be an appropriate maximum level. Commissioner Thomas Curley said perhaps there should be some kind of program or framework that would establish the basis for giving these recognitions to employees. Tony Izzo noted there are a significant number of volunteers in the City. Commissioner Thomas Curley said in some cases they should be recognized. He said it is a widely accepted practice to honor people. Therefore, Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to allow the purchase of items to recognize individual’s service to the City with a limit of $75. Ayes: four; Nays: one (Commissioner Stephen Towne). Motion carried. Fire Department Grant Commissioner Thomas Curley announced that the Fire Department is the recipient of a grant in the amount of $112,404 from Homeland Security Administration/FEMA. He said this grant money will be used to acquire firefighting equipment and more specifically personal protective equipment. He said it could also be used for ice water safety equipment and hazardous material equipment. Parillo Parking Lot for Rotary Home Show Commissioner Thomas Curley said that he had been talking to the City Center Authority on parking arrangements for the Rotary Home Show during March. He said they have made the decision that those individuals who are working the Rotary Show will park in the Parillo parking lot. He said that will free up the City Center lot for those people wishing to visit the home show. SUPERVISORS Phil Klein said he received a copy of the letter dated February 11 to the Council members regarding the sewer district. He said while the sewer matter generally falls to the Commissioner of DPW, he suggested that he, Skippy and the two Sewer District Commissioners work with DPW. Commissioner Thomas McTygue said this is a Council matter and not a DPW matter. Bill McTygue, Director, Utilities said there are both advantages and disadvantages with the sewer district’s proposal. He said the City has a difference of opinion with the sewer district on their methodology of billing. He said it is DPW’s position that the entire County should be metered. He said if the City is to accept the sewer district’s methodology, then a comprehensive analysis needs to be done. Bill McTygue said it was a safe assumption that some residents will see an increase in their bills while others will see a decrease. He said this is a very complicated billing structure. He said that our sewer bills are based on the water consumption. Commissioner Thomas McTygue said that it was also important to note that the City maintains the 23 sewage pumping stations within the City limits while other municipalities do not. Commissioner Thomas McTygue said the County maintains the stations in the new subdivisions in Clifton Park. Bill McTygue said no matter what happens to the billing system, the City will still have the collector fee added onto the bills. Page 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 17, 2004 Phil Klein said it could be a good exercise for the City to go through this process, review all of the materials and perhaps make a counter offer to the County. He said the County has said in the past that they would be willing to accept the pumping stations. He said the City should utilize the two sewer district commissioners and have them work with DPW on this matter. Commissioner Thomas McTygue said what the he needed was for the County to make a proposal to the City. It was agreed that the appropriate individuals would be brought together to discuss this matter. Bill McTygue said this could require a structure by structure analysis which was no small task. Commissioner Thomas McTygue again said this was not just a DPW matter but rather a Council matter. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 8:55 p.m. to discuss land acquisition. Ayes all. Council members returned at 9:25 p.m. ADJOURNMENT Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to adjourn the meeting at 9:25 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:25 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 15 of 15