City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 16, 2004 6:15 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: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Christine Gillmett-Brown, Deputy Commissioner Finance Alicia Wardell, Deputy Mayor Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the special meeting to order at 6:15 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 6:15 p.m. for the purpose of discussing land acquisition. Ayes all. Council members returned at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. No one spoke. DEPARTMENT OF PUBLIC SAFETY Code Enforcement Presentation Commissioner Thomas Curley said that on a quarterly basis, the police, fire and code enforcement departments would make reports to the Council. He said Kevin Veitch and Dan Cogan, Code Administrators were here this evening for their first presentation. Kevin Veitch said much of the information that he would speak on this evening was included in the Public Safety report which had been previously distributed to Council members. He said there are more than 80 different codes in the City that they must deal with ranging from trees, to sidewalks, to tents, signs, to derelict structures. He said they appreciate the feedback from the Council and urged Council members to contact them with their concerns. He informed Council members that not only do they deal with City codes but they also deal with the regulations of several agencies such as Saratoga County, Child Protective Services, County Lead program, Adult Protective Services, DES, State Wildlife Pathologists, Veterans Affairs, Legal Affairs and DOH. He said there is a lot of activity in their department Commissioner Thomas McTygue asked about properties on Phila Street. Kevin Veitch said both of those parcels were currently going through the courts, therefore, they could not be specific in their responses. Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Dan Cogan said that at 65 Phila Street, the rear portion was removed last fall because it was considered dangerous. He said the current owners are planning to restore both parcels. He said there will be another court appearance at the end of the month. Commissioner Thomas Curley pointed out that both parcels are under one ownership. He said the progress seems to move slowly, however, there are procedures that must be followed. Kevin Veitch said their department will continue to focus on items such as sidewalk maintenance, newspaper racks and other items. Commissioner Thomas McTygue requested that some attention be given to dumpsters being left in the City right-of-way. Kevin Veitch said they could be looked at. He also noted that they pay particular attention to plans submitted to their office from applicants appearing before the Planning Board. He said he would address the particular dumpster that Commissioner Thomas McTygue mentioned. Commissioner Thomas Curley again said if there are any particular areas of interest by Council members they should contact DPS. He reported that approximately 90 percent of the reported complaints last year were satisfied. He said there were 43 complaints on garbage, 46 on brush, 97 on property maintenance, 180 licenses for hotel & food establishments that are reviewed regularly, 15 sidewalk cafes that need to be reviewed, between 300 and 400 complaints on street and sidewalk issues and taxi cab administration. He also noted that in recent years there has been 12 derelict structures removed. Kevin Veitch noted that their department regularly receives calls from other communities who are instituting code enforcement departments asking for the City’s advice. Commissioner Thomas Curley thanked both Kevin Veitch and Dan Cogan for their presentation. MAYOR=S OFFICE Cities for Climate Protection Larry Toole, member of the Cities for Climate Protection Committee, thanked the Council for allowing this presentation. He said their committee is an advisory committee with five members. He said the focus of their committee is on global warming. He said we are burning fossil fuels at a rate that is causing problems with the atmosphere. He said there are too many gasses in the atmosphere which causes warming which destabilizes the climate. He said scientists are becoming worried with the significant changes and this is a worldwideissue. Larry Toole said that climate is about long term changes in weather conditions. He said over the last 50 to 100 years temperatures have risen. He explained that the greenhouse effect happens when carbon dioxide is trapped in the atmosphere which increases temperatures. He said there is the analogy of the Christmas light. He said that there is the equivalent of two one watt Christmas light bulbs over every square meter of the earth and if one more one watt bulb is added it will cause irreversible damage to the climate. He said the goal is to prevent the addition of that bulb. Larry Toole said projections are that the average temperatures could go up as much as nine degrees in the next century. He said there could be more extreme weather events, rising sea levels, increased incidents of disease, disruption of the ecosystem, mounting pressure on water system and varied regional impacts. He said the solution is a worldwide effort to reduce fossil fuel use, improved land management and to think globally and act locally. Larry Toole said their mission is to build on previously completed work by finding innovative ways to reduce our community wide fossil fuel use by 20 percent below the 2000 baseline levels. He said their approach would include the promotion and implementation of climate friendly programs, maintain an open dialogue with the Mayor & Council and to use local resources including Skidmore students and community volunteers. He said the things that we do will save both energy and money. Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Larry Toole said that possible projects include the promotion of energy efficient lighting, promoting clean energy use (Saratoga Switch), facilitating NYSERDA grant awards to community projects, promote emergency savings devices and promote alternative low carbon fuels. He said a financial plan will be developed by the committee. Larry Toole said they are trying to mitigate the harmful effects of climate change. He said the first step is the baseline inventory. He said the committee is now at steps two and three which are to draft the local action plan and adopt emission reductions plans. Step four is the implementation of a location action plan and then to report on that progress. He said the community wide benefits include health, protecting the climate and enhanced community image. He said there are more than 140 cities in the country designated as part of the cities for climate protection program. He said Saratoga Springs should be a model community under this program. Commissioner Matthew McCabe asked about the device on the vending machine and was that something that could be done. Larry Toole said he did not believe there was any industry requirement or laws in place on such devices. He said many companies use the device simply because it saves energy. Commissioner Thomas McTygue asked if this committee would be willing to discuss items such as the energy saving devices with vendors. Larry Toole said the committee could be a liaison. Commissioner Thomas McTygue said there are both Pepsi and Coke vending machines at the recreation fields. He asked how expensive were these devices. Larry Toole said he was not sure, but he thought they were somewhere around $100. Larry Toole said the committee will develop a list of the top ten projects that the City could do and included with that list would be the benefits and the costs of the project. Commissioner Stephen Towne asked about the proposed 20 percent reduction in fossil fuel use. Larry Toole said it was proposed as a 20 percent reduction in carbon dioxide. He said the 20 percent is the campaign average and they would like to stay in that range. He said though that it would be difficult to achieve. Commissioner Stephen Towne said he did not want to see a plan that would be a struggle to meet. He said perhaps it should be less than 20 percent. Commissioner Stephen Towne asked about the financial impact to the City and asked whether there was any frame of reference from other communities. Larry Toole said most of the proposed projects would look for payback periods within a year or year and a half. He said that with the top ten list, the payback periods would be identified. He said in the long run, though, it would save the City money. Commissioner Stephen Towne asked about the time frame for this project. Larry Toole that to be consistent with the international levels it would be out to 2012. Mayor Michael Lenz thanked Larry Toole for this presentation. He said that he has talked to NYSERDA and they have a number of programs for which the City could be eligible. Special Assessment District Terms (04-055) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to standardized the expiration date to July 31 for Special Assessment District Board members for the year in which their term expires. Ayes all. Mayor Michael Lenz said that generally most of the appointments would expire sooner rather than later. Five Points Zoning Amendment Petition Mayor Michael Lenz said the Council had received a petition from three property owners in the Five Point area for zoning text and map amendments. He said the map amendment would change the classification of the three properties, totaling about 0.6 acres, from Urban Residential-3 (single-family and two-family use) to Neighborhood Commercial district. He said the zoning text amendments would add “Laundromats” and “bed and breakfast establishment” as uses permitted in the Neighborhood Commercial District with the issuance of a special use permit. It also would use “net square feet” instead of “gross square feet” to measure the size of Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 the uses permitted within the district. He said the Council needs to determine if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. John Carusone, attorney representing all three parcel owners, said the three parcels include the grocery store, barber shop and the bed & breakfast. He said currently all three are nonconforming uses. He said if they become conforming uses that would allow for changes on those parcels. He said they are requesting that the Council refer this to the Planning Board for an advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Telecommunication Facility Consultant Contract (04-056) Mayor Michael Lenz said the Council had received a recommendation from the Planning Board to retain a telecommunication consultant to assist with their review of the analysis of alternative locations for a special use permit application from AT&T Wireless for a telecommunications facility on the roof of Moore Hall, 32 Union Avenue. He said on February 18, 2004, the Accounts Department sent out a request for proposal (RFP) for professional services for this work. Four responses to the RFP were received and evaluated by the Planning Board. He said at their March 3, 2004, meeting, the Planning Board voted unanimously to recommend the firm of Mark F. Hutchins Broadcast Services, Inc., be retained in an amount not to exceed $3,750. The total cost for this service will be reimbursed by AT&T Wireless. Therefore, Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Mayor be authorized to sign a professional service contract with the consulting firm of Mark F. Hutchins Broadcast Service, Inc., in an amount not to exceed $3,750. This authorization would be contingent upon the project applicant placing $3,750 in an escrow account and that the City Attorney and Risk Manager verify that the applicant does meet the minimum insurance requirements. Commissioner Thomas McTygue said there was considerable opposition to this application from theneighbors. Mayor Michael Lenz said that is why this analysis is taking place. Commissioner Matthew McCabe said he was surprised to learn from Geoff Bornemann that the City could not review this application based on health standards. Geoff Bornemann said the City Attorney had reviewed that issue and he advised the Planning Board that the City is preempted by federal legislation thereby prohibiting the City from setting its own health standards for review. Geoff Bornemann explained that this is an application from a telecommunications company to install roof panels on Moore Hall. He said the neighborhood residents’ concerns relate to health issues, however, the Board cannot review the application under those standards. He said, though that the Board could review the application on items such as area of coverage, gaps in service, could the panels/tower be located elsewhere, etc. He said this consultant will review the data submitted by the applicant to determine if there are viable alternatives to meet the applicants needs. He said the consultant will report back to the Board and the Board will then make a decision on the application. Mayor Michael Lenz asked how long this process would take. Geoff Bornemann said it could be completed within a month. Ayes all. CDBG Funding Recommendations Brad Birge, Community Development Director, said in December his office released the applications for the CDBG year. He said the City has $535,000 available in 2004 which includes $90,000 in reprogrammed funds from previous projects. He said following the Committee’s presentation to the Council, a 30 day public comment period will occur through April 16. He requested that a public hearing be set for the April 6 meeting Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 and then the Council would vote at their April 20 meeting. He said the package must be submitted to the federal government in early May. Richard Ferguson, chair of the committee, thanked committee members for their efforts in reviewing the applications. He said the projects recommended for funding had been forwarded to the Council. Mayor Michael Lenz asked how many requests were not funded. Brad Birge said three. Richard Ferguson said one had been previously funded and the other two had not. Commissioner Stephen Towne asked how the total entitlement dollar amount was determined. Brad Birge said it is a formula-based amount. He said the federal government allocates a certain amount to HUD then HUD, based on the amount of cities eligible, determines the amount to go to each city. He said the funding generally goes down slightly each year. Commissioner Stephen Towne asked about the reprogrammed funds. Brad Birge said they were generally balances from previously approved projects that were not fully expended. Commissioner Stephen Towne asked about the public service component of the distribution. He asked if this was the only category that has a percentage maximum allowance. Brad Birge said there is a threshold of 15 percent in this category and there is a 20 percent maximum allocation on administration. Commissioner Stephen Towne asked if there were any consistencies among the three applications that were not funded. Brad Birge said he was not sure. He pointed out though that the City is in its fourth year of its consolidated plan and the priority is on housing. He said they would begin thinking about their next five year consolidated plan and those priorities. It was agreed the public hearing would be set for April 6 at 6:55 p.m. Economic Development Revolving Loan Fund Update (04-057) Brad Birge said they are proposing a revision to the Economic Development Revolving Loan Program that would allow for retail trade businesses to apply for loans on a case-by case basis, similar to the currently eligible service-oriented businesses. Brian Hanrahan, Vice President/Finance SEDC, said that they were proposing these changes to allow for a balance between the national chain stores and the independent operators. He said this would allow for the independent retailers to at least have a level playing field. He said the applicant must demonstrate hardship when applying for this program. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to amend the guidelines for the Economic Development Revolving Loan Program to allow retail trade businesses to apply and that they be reviewed on a case-by-case basis. Commissioner Matthew McCabe asked if this opportunity was open to businesses throughout the City. Brian Hanrahan said it was a city wide program. Commissioner Thomas McTygue said he would like the opportunity to review the application. Brian Hanrahan said all of the applications under this program would come before the Council. He said the applicant must show hardship, submit a business plan and a multitude of other documentation. Ayes all. Recreation Facility Workshop Mayor Michael Lenz requested that a workshop be scheduled for March 22 at 5:30 p.m. on the recreation facility. He said the Recreation Commission members will be attend to participate in this discussion. Executive Session Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Mayor Michael Lenz requested an executive session to discuss the west side drainage matter. Council members agreed. ACCOUNTS DEPARTMENT Approval of March 2, 2004, Council meeting minutes Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the March 2 minutes with a minor correction. Ayes all. Award of Bid B Front End Loader Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the front end loader to Southworth-Milton for the base bid of $107,665 plus alternate #1 at $12,275 and alternate #3 at $1,100 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Pre-cast Manholes, Catchbasins, Drywells, Frames & Covers Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the precast manholes, catchbasins, drywells and frames & covers to Pallette Stone (low bidder). This bid is a unit price contract and actual payment of items supplied under this contract will be made for only those quantities actually ordered by and delivered to the City. This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Water & Sewer Pipe Fittings Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for water and sewer pipe fittings to Vellano Brothers, Inc. per their bid (only bidder). This bid is a unit price contract and actual payment of items supplied under this contract will be made for only those quantities actually ordered by and delivered to the City This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Field Marking Lime Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the field marking lime to Northern Nurseries, Inc. per their bid of $2.49 per 50 pound bag (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Tree Removal Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for tree removal to Richard Sears Tree Experts per their bid of $168 for a 16 inch to 28 inch caliper; $243 for a 29 inch to 36 inch caliper and $340 for a 37 inch to 46 inch caliper (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Award of Bid B Grass Seed Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for grass seed to United Horticultural Supply per their bid of $.82 for mixture #1; $1.15 for mixture #2; $1.03 for mixture #3 and $1.50 for mixture #4 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Port-a-John Rental Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for port-a-john rental to Portable Restroom Rental per their bid of per unit price of $15.00 per unit per week, $8.50 per unit per week/per extra cleaning for any and all additional charges. If extra cleanings are required after one cleaning provided the cost would be $8.50 per unit/per week/per extra cleaning (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Lube Oil & Grease Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the lube oil & grease to RH Crown for gear oil at $72.80 per 120 pound drum and hydraulic oil at $190.40 per 55 gallon drum and Polsinello Fuels for multipurpose grease at $115.23 for a 120 pound drum (lowest bidders). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Rejection of Bid -- Motor Oil Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to reject all bids for motor oil due to an oversight when developing the bid of not including all items. Ayes all. Hotel & Food Establishment Ordinance Commissioner Stephen Towne said the Hotel & Food Establishment Ordinance Committee had met for the last several months reviewing the City’s existing Hotel & Food Establishment ordinance which dates to 1958 but which also incorporated a lot of older sections that date to the early years of the 20th century. This committee crafted a revised ordinance which both updates and streamlines the ordinance in relationship with the City Code, NYSDOH regulations, Building & Fire Codes and the City’s Zoning Ordinance. Commissioner Stephen Towne said the committee has nearly completed their work and Chris Mathiesen was here this evening to review the committee’s work to date. He said the ordinance was not completely done at this time but would be finalized over the next week. Chris Mathiesen said it was the goal of the committee to review the ordinance that deals with the City’s regulation and licensing of rooming and boarding houses, bed and breakfast establishments, hotel and motel, restaurants and cabarets. Discrepancies between the definitions in this ordinance and the City’s zoning ordinance the building codes and the New York State Department of Health codes sometimes made it difficult for personnel in the Accounts department to issue licenses. Some of the terminology was outmoded and in need of revision and a number of the regulations had not been updated in many years. He said the committee met 11 times. In addition a number of subcommittees met in order to examine specific issues before making recommendations to the full committee. He said their final recommendations are not quite complete, but already include revisions that will help to streamline the licensing process for businesses covered by this ordinance. Licensing fees have been updated and many inconsistencies have been resolved. Most definitions have been either simplified, merged a with similar categories where appropriate or completely Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 eliminated. Requirements that are specific to zoning but were formerly part of this ordinance will now be found in the zoning codes. A few new categories, requirements and definitions have been added. He said the existing licensing framework remains in place. Chris Mathiesen said the proposed changes include: $ two levels of bed and breakfast (I- not more than five rooms; II B five to ten rooms) $ Rooming House definition that is well differentiated from that of the bed and breakfast category with a mini um six month stay consistent with DOH definitions (or a minimum seven day lease) $ Use of the term “inn” for a lodging establishment larger than the level II bed and breakfast. $ Creation of the combined category hotel/motel $ Inclusion of proof of liability insurance and a hold harmless agreement for licensing lodging and food establishments $ Use of the term food establishment rather than formerly used terms of deli and restaurant. $ An updated and expanded definition for the term cabaret $ An enhanced description of the application process and the coordination with other City departments and codes. $ Explanation of the permit process and the requirements that the actual permit plus attachments enumerating any additional conditions or stipulations be clearly exhibited on the premises. $ Revised licensing fees for all categories. Chris Mathiesen said the meetings were facilitated by City staff and the valuable information provided by the NYS Department of Health. He said all of the individuals provided guidance as we dealt with issues that involved their respective areas of expertise. He also noted that Gavin Landry did an excellent job as chair in guiding the committee through this process. Chris Mathiesen said there was also some input from the DPW on grease traps and it may be helpful for that department if that information was included during the annual license review stage. Commissioner Stephen Towne said the draft ordinance had been circulated to the Council for their review. He said this committee has met 11 times in addition to subcommittee meetings. Commissioner Thomas McTygue asked how all of the hotel & food establishments in the City would be made aware of this ordinance revision. Commissioner Stephen Towne said the information could be sent to those establishments. He said there would also be a legal ad and it was likely that the press could do a story. He said there is a three week period before the next Council meeting and it was his expectation that a final document would be ready within the next 7 to 10 days. Commissioner Thomas McTygue asked how this would affect the not-for-profit agencies and the dinners that they serve. Chris Mathiesen said that it was likely that they were currently meeting the DOH regulations. Commissioner Stephen Towne said he would look into this matter on whether they should be licensed by the City or not. Geoff Bornemann said the zoning ordinance review committee made up of members of the DRC, PB and ZBA are reviewing items such as this and they believe that the definition changes could be included in the packet which will go to the Council in the next few months. He said then both the zoning ordinance and this ordinance would be in line with one another. Commissioner Stephen Towne requested a public hearing be set for April 6 at 6:30 p.m. DeMeo Zoning Amendment Petition Commissioner Stephen Towne said that at the February 17, Council meeting, the Council requested that the Planning Board review the proposed zoning map amendment submitted by Mark & Stacy DeMeo to 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 acres lots) to Urban Residential-1 (single family homes on 12,500 square foot lots. Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Commissioner Stephen Towne said the Planning Board discussed the request at their March 3 meeting and worked on a revised proposed. The Planning Board proposed that instead of changing the area to UR-1, that the area be changed to Suburban Residential-2 (single family lots on 20,000 square foot lots). The Board feels the SR-2 classification is more appropriate due to the lack of utilities in the area. The Planning Board also believes the SR-2 would provide a better buffer for the adjacent Pitney Farm. Commissioner Stephen Towne said that at the March 3 meeting, the Planning Board voted 6-0 to issue a “favorable” advisory opinion on the revised proposed zoning map amendment for the following reasons: 1. That the revisions are not contrary to the general purpose and intent of the zoning ordinance. The SR-2 district already exists 2. That the revisions are in accord with the Comprehensive Plan. The boundary lines between land use areas in the Comprehensive Plan are not precise and this site is between areas designated CDD (which allows densities of between 0.0 and 0.5 units per acre and MDR-2 (which allows densities of between 3.5 and 6.7 units per acre. Therefore, Commissioner Stephen Towne requested that the Council set a public hearing on April 6 at 6:50 p.m. Council members agreed. Senior Citizen Center Lease (04-058) Commissioner Stephen Towne said on Friday, a revised lease with the Senior Citizens Center was distributed. He said a revised lease was distributed again today with a change requested by DPW. He said this lease formalizes the nature of the relationship that the City has with the Senior Citizen Center (SCC). Due to a recent insurance claim incident at the Center, it came to light that the City is exposed and unable to fully protect itself from a risk management perspective without a document detailing the nature of our relationship. The lease was reviewed with the Center’s Executive Director and Board President and they are in agreement with the contents of the lease. Both the City Attorney’s Office and the Risk Manager have reviewed the document. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the lease with the Senior Citizen’s Center as presented. Ayes all. Genealogical Promotion Campaign Commissioner Stephen Town said recently the Accounts Department had taken ownership of the vital statistics for the City due to the new charter. He said the City is known for its “health, history and horses” and to better serve the community he was going to assemble a group of people to explore how to better serve the community with regard to the history portion in connection with genealogy searches. He said it could also involve some short term promotion. To that end he said the following members had been asked to serve on this committee: Martha Stonequist, recently retired City Historian; Mary Ann Fitzgerald, newly hired City Historian; JoAnn Clark, past Deputy Registrar of Vital Statistic, Kate Sherwin, current Deputy Registrar of Vital Statistics, Nancy Wagner, Records Management coordinator, Ruth Ann Messic, Professional Genealogist; Carrie Woerner, SSPF and Deborah Harper, Deputy Commissioner, Accounts. He said the first meeting would be held on Friday, March 19 at 11:00 a.m. Reassessment Commissioner Stephen Towne said there is a great deal of interest in this project but not in the process itself. He said a public information session was held and only five individuals came. He then distributed to the Council information on the reassessment and where the City was at this point. He said the City is reassessing its properties because there was inequity and a comprehensive review was in order. He said the reassessment has no bearing on taxes. He said the total property tax levy divided by the total cumulative taxable assessed value equals the property tax rate per $1,000 of assessed value. He said the reassessment process is completely separate from the budgeting process. He said the next step in this process is for the impact notices to go out the first week in April. He said property owners will then be able to talk to CLT Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 representatives informally on their questions or concerns. He said during May and June, the Assessment Office staff will be available to discuss issues with property owners. He said on June 24, the tentative assessments will go out and then July 13 is grievance day. He then reviewed scenarios of how the property tax bill could increase, decrease or remain the same. He also distributed a sample copy of the impact notice. Commissioner Stephen Towne said the property owners taxes will be effected with the school taxes which are due in October and again in February. He said the City and County taxes will first be affected with the 2005 bill. Gift Policy Resolution (04-059) Commissioner Stephen Towne said at the last Council meeting, Commissioner Thomas Curley presented a resolution that the Council approve a policy regarding gifts for employees and volunteers. He said in the discussion preceding the vote on this motion, Tony Izzo provided input regarding the State Comptroller’s opinion that expenditures in this regard were appropriate so long as they were part of a program. He said following the meeting, he asked Tony if he would take the opinion of the State Comptroller and craft a resolution detailing a program that would be the basis of our policy. He said the City needs to be protected during audits and there needs to be some consistency. He said a draft resolution was distributed for your review. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the following Gift Policy Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK BE IT RESOLVED, by the City Council of the City of Saratoga Springs, as follows: WHEREAS, recognition of individuals who have given generously of their time and talents in furtherance of the public good is a lawful and proper exercise of municipal authority. The giving of tokens of appreciation to such individuals has been recognized as appropriate by the Office of the State Comptroller on many occasions; and WHEREAS, the Comptroller has specified that the gifts to such individuals should be of nominal value and pursuant to a program developed by the municipality, NOW, THEREFORE, this Council hereby establishes the following program for gifts that may be given to individuals who have made outstanding contributions to our government and to our community: Level 1 B This category includes gifts to individuals who have participated in a single task, activity or program in the public interest. Gifts in this category include pins, medals, plaques and certificates of recognition or merit. Gifts in this category shall not exceed $15.00 in value. Level 2 B This category includes gifts to individuals who have participated in numerous tasks, projects, or activities in the public interest over a period of 5 years or more, as well as individuals who have served as employees of the City of Saratoga Springs for a period of 10 years or more. Gifts in this category include all gifts in Level Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 1, as well as gift certificates, trophies, and jewelry. Gifts in this category shall not exceed $50 in value. Level 3 B This category includes gifts to individuals who have participated in numerous projects, tasks or activities in the public interest, and have brought significant specialized knowledge or experience as part of their contribution to the public interest, as well as individuals who have served as employees of the City of Saratoga Springs for a period of 15 years or more. Gifts in this category include all gifts in Levels 1 and 2 as well as dinners, specialty and custom made awards, and cash awards. Gifts in this category shall not exceed $75.00 in value. Commissioner Thomas Curley said he believed the motion as passed at the last Council meeting was appropriate. He said he would like the Department heads to have flexibility to work within their discretion. He said the opinions from NYCOM and the State Comptroller’s Office are just that B opinions and he would not support this motion. Commissioner Thomas McTygue asked for clarification on what the motion was at the last meeting. Commissioner Thomas Curley said it would give the department the flexibility to expend up to $75 for employees or volunteers. Commissioner Stephen Towne said he asked Tony Izzo to do some research on whether this was an appropriate expenditure of City funds and Tony Izzo forwarded information to him from NYCOM and the State Comptrollers Office. He said this resolution does not change the previous motion, it simply allows for specificity. Commissioner Thomas Curley said this does not fit the criteria that he proposed. He said he wanted it left to the department head’s discretion. He said there are situations where a department head may want to recognize a volunteer. Commissioner Thomas McTygue said it was his recollection that the original motion was for employees only and then he brought up the volunteer issue. Commissioner Stephen Towne read the motion noting that it was to allow the purchase of items for individuals with service to the City in an amount not to exceed $75. Commissioner Thomas Curley again said he believed his motion was appropriate. He said he did not believe that there would be more than a couple hundred dollars each year spent this way. He said he wanted flexibility. Commissioner Stephen Towne said the previous motion was too general. Commissioner Stephen Towne noted that he has had several committees over the past months and said that there could be a rather significant expenditure to recognize these individuals. He said this motion only provided logical rationale that is consistent way to recognize these individuals. Commissioner Matthew McCabe suggested that perhaps the text of the resolution be reworked to satisfy all Commissioners. Commissioner Thomas Curley said he appreciated that comment, but he wanted a general approach. He said committee members should be given a certificate of appreciation. Mayor Michael Lenz said input from the Accounts Department is important in this instance because the purchasing function lies within that department. He said the Council agreed at the last meeting that $75 was appropriate and this resolution simply clarifies how it should be expended. Commissioner Thomas Curley asked who would interpret which level should be expended to recognize the individual. Mayor Michael Lenz said it could be the Council. Commissioner Thomas Curley said he wanted Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 some assurance that he would not be questioned by Purchasing each time he sent a voucher to that office. Commissioner Stephen Towne said it would be appropriate for the Purchasing Department to question an expenditure. He said that was part of the checks and balances of the City. Commissioner Stephen Towne said an individual with a year or less of service does not warrant a $75 dollar recognition. He said if there was something blatantly out of line it would be questioned. Ayes: four; Nays: one (Commissioner Thomas Curley). Motion carried. Taxi Ordinance Commissioner Stephen Towne said the taxi ordinance underwent a major revision in late 2001 and early 2002 and was adopted by the Council in March 2002. He said that ordinance calls for a review every two years. He announced the formation of a committee to do that review with members as follows: Phil Diamond, Lou Schneider, Phil Klein, Cindy Hollowood, Bill Davis and a Skidmore student. He said that taxi owners and drivers would be invited as well to participate. FINANCE OFFICE Approve Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: March 5, 2004 B $349,681.96 and March 12, 2004 B $344,032.99. Ayes all. Approve Warrants Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the warrants as follows: 2004 regular warrant March 2, 2004 2MAR04 $200,178.50 2004 mini warrant February 23, 2004 MC040310 $137,472.99 Ayes all. (See end of minutes for correction.) 2004 Budget Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 budget transfers (Attachment A). Ayes all. 2004 Budget Amendments Commissioner Matthew moved and Commissioner Thomas Curley seconded to approve the 2004 Budget amendments. Lines 1 and 2 is a request from UHAP for a donation from Saratoga Teachers Association for Spa City Band Concerts and Lines 3 and 4 is a request from the Department of Public Safety to amend the budget for a reimbursement from the County for DWI patrol (Attachment B). Ayes all. Sales Tax Commissioner Matthew McCabe said the budget season will be upon the Council sooner rather than later. He said he had received quite a few phone calls on whether the City should remain with the current sales tax formula. He said during previous discussions, the decision to opt out of the County formula was based on the information available at that time. He said since he came into office, he discussed this matter with NYS Tax and Finance. He pointed out that since the City opted out of the formula, the City had lost Ames, Kmart, Grand Union and Saratoga Chrysler Jeep B four major tax generators within the City limits. He said he was now looking at companies who deliver within the City limits. He said we need to be sure that the existing businesses are reporting to the proper location. He said there are no fewer than five major companies that are not reporting their sales tax information to the proper location. He said he couldn’t publicly identify those Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 names but it needed to be addressed. He said when a resident orders a product and then it is delivered within the City, the sales tax is due to the City. Mayor Michael Lenz said that Deputy Commissioner Christine Gillmett-Brown had done and excellent job in working with NYS Tax and Finance and they also have been very helpful. He said there is money out there the City should get it. He agreed the City was hit with the loss of the larger retailers and there has also been the rapid development at exit 15 which is outside of the City limits. He said the City has been hard hit with the loss of the sales tax revenue and any efforts to generate more or collect more sales tax is extremely welcome. Commissioner Matthew McCabe said the County would benefit from his research. He said some of the business are not reporting to the County either. Employee Parking Commissioner Matthew McCabe said at the next meeting he would like to request that the Council approve a directive that would require City Hall employees to use either the Parillo parking area or the High Rock Avenue lot. He said the parking spaces behind City Hall should be used for retailers. He also said that the reserved spots behind City Hall should be given up. He said this would open more parking for shoppers. Mayor Michael Lenz said this was a good idea and it should be explored. Mayor Michael Lenz then distributed an editorial from The Saratogian in which there were comments that the City was not addressing the parking issue adequately. He then distributed an aerial photo of the downtown area showing the majority of the City lots completely filled, while The Saratogian lot was nearly empty. He said the Council has taken the lead on this matter and perhaps The Saratogian should step up to the plate and offer some of their parking spaces. Mayor Michael Lenz reminded everyone that the City has addressed the parking issue by using the Parillo lot. He said he had appointed a committee to look for long term solutions and Commissioner Matthew McCabe recently appointed a transportation alternative advisory board Mayor Michael Lenz said the Council is committed to addressing this issue and he appreciated Commissioner Matthew McCabe suggestions this evening. He said though, this will take a public and private partnership in order to succeed. DEPARTMENT OF PUBLIC WORKS Recreation Fields Commissioner Thomas McTygue said he was glad to see that Mayor Michael Lenz scheduled a workshop with the Recreation Commission to work on this issue. He said there have been meetings to discuss various sites and it was he who brought up the idea of locating the facilities within the neighborhoods rather than one larger facility. He said his department works very closely with the Recreation Commission on the ice skating rinks and all of the recreational fields thereby making his department more than capable of being involved and making recommendations. He said he talked to the school board about the west side proposal and the school board wanted to hear from the neighbors. He said the neighbors were concerned with traffic and other issue. Commissioner Thomas McTygue said he hoped the City would continue to look at the concept of smaller facilities and he would like to see a decision made before the end of the year. He said City residents should not be traveling to Ballston Spa or Wilton for recreational needs. He said this topic came up four years ago and we are still no where. Commissioner Thomas McTygue said there were concerns about the west side facility because of the wading pool and parking. He said on the east side, there would be no impact. He said the baseball field would need Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 to be moved but there would be no impact. He said it would have been helpful to talk about this proposal with the neighbors in that area. Commissioner Thomas McTygue said he was simply trying to move this along. He said by using school district land it would cut down on the cost of the facility. He said he would be at the workshop and he hoped there would be some discussion on the smaller sized facilities. Mayor Michael Lenz said this was a Council issue and it was essential to get the input from the affected organizations. He encouraged Council members to attend. Preferred Developer for the Hub Parking Lot (04-060) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, last December this Council developed and presented a request for proposals for the development of a City owned parcel at the intersection of Church Street and Woodlawn Avenue. The request specified the Council’s intentions for the utilization of the parcel and provided detailed instructions to parties interested in submitting proposals, and WHEREAS, this Council conducted a Workshop Meeting on January 27, 2004 and held a public hearing on February 17, 2004 to discuss the submitted proposals, and WHEREAS, after extensive review and consideration of the three proposals submitted, the Council is now prepared to select a preferred developer for the parcel and begin negotiations with that developer to formulate a contact for completion of the proposed improvements, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Council hereby finds that THE ADIRONDACK TRUST COMPANY, 473 Broadway, Saratoga Springs, New York, has submitted a proposal that is most suitable and reasonable to serve the public interest, and hereby designates THE ADIRONDACK TRUST COMPANY as preferred developer for the parcel. 2. The Council shall forthwith enter into negotiations with THE ADIRONDACK TRUST COMPANY to formulate a contract for suitable improvements in the parcel, in accordance with the Request for Proposals. 3. The proposed contract shall be submitted to the Council for final approval upon the completion of all requirements as specified in the Request for Proposals. Ayes all. Clean Streets Program Commissioner Thomas McTygue said many people take for granted how well this community is maintained. He said that City employees take a lot of pride in their work. He said litter is one of the largest maintenance Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 issues in the City. He said City employees spend a lot of time picking up litter around the City. He said recently Deputy Commissioner Pat Design met with the manager of the Weibel Avenue Hanaford to ask for their assistance in picking up litter in that area. He said this was an area that his department would continue to address. DEPARTMENT OF PUBLIC SAFETY Code Enforcement Presentation Previously done. Authorization for Mayor sign a grant prepared by Asst. Chief Cornick (04-061) Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the grant application for bullet proof vests with a 50 percent reimbursement. Ayes all. Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the fingerprinting grant which will interface with the City’s records management system grant in the amount of $37,569. He said the City’s share of the grant is $9,329.25. Ayes all. Executive Session Commissioner Thomas Curley requested an executive session for discussions on contract negotiations. Council members agreed. SUPERVISORS Phil Klein thanked Commissioner Matthew McCabe with regards to his efforts put forth collecting sales tax. He reported that the County just finished another property auction, auctioning off 30 parcels. He said the County Jail phase one is nearly complete and the Civil Service Offices would be moving to their new location very soon. He said a new computer is being purchased and installed to better track services to the seniors and to file the necessary reports to New York State. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 9:40 p.m. for contract negotiation discussion. Ayes all. Council members returned at 9:55 p.m. Approve Warrant Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to correct the previous motion this evening concerning the warrant as follows: 2004 regular warrant March 16, 20042MAR04 $572,268.33 2004 mini warrant March 10, 2004MC040310 $137,472.99 Ayes all. West Side Drainage (04-062) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the City Attorney to enter into negotiations to purchase the necessary easements from property owners for the West Side Drainage project. Ayes all. Spring Run Trail (04-063) Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 16, 2004 Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the City Attorney to enter into negotiations for the purchase of land as necessary. Ayes all. Land Acquisition Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize Behan Planning Associates to continue their negotiations for the purchase of land. Ayes all. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn the meting at 10:00 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16