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City Council

Regular Meeting

Saratoga Springs, NY · April 20, 2004

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 20, 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: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: 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 COMMENT Mayor Michael Lenz reviewed some of the guidelines for the public comment period: 1. Speakers must step to the microphone and give their name, address and organization. 2. Speakers must limit their remarks to two minutes on a given topic. 3. A total of 15 minutes shall be allotted at the beginning of each Council meeting for the public comment period. If more time is needed, time will be provided to those still wishing to speakat the end of the Council meeting. 4. All remarks shall be addressed to the Council as a body, not solely to any member thereof. 5. Speakers shall observe the commonly accepted rules of courtesy, decorum and good taste. Chris Mathiesen, 48 Friar Tuck Way, said he served on the Lodging and Eating & Drinking Establishment Ordinance review committee. He said he was unable to attend the public hearing at the last Council meeting and did not realize there would be any controversy on the rooming house definition. He said that definition was based on information received from the Department of Health. He said it was unfortunate that the definition would likely not be part of the package tonight. He said the committee believed that it was important to have good, solid and detailed differentiation between bed & breakfasts and rooming houses. He said he hoped that when the next committee reviews this definition and forwards it back to the Council for adoption that it will be consistent with this committee’s recommendation. Michael Trattles, 207 Nelson Avenue, said that as he read the proposed ordinance, there may not be an opportunity for neighbors to express their concerns on a particular project unless it is required to go before the Planning Board for a special use permit. He said that referral to the Planning Board would be based on whether the applicant was requesting to hold special events. He noted that there are both rooming houses and bed & breakfasts that do not hold special events, therefore, the neighbors would not be allowed an opportunity to express their views. He said there should be language included in this ordinance that mandates the neighbors’ right to express their opinions. He said public review should be the first step in this process. David Perry, 173 Phila Street, said he was not able to appear for the public hearing at the last Council meeting. He commended Commissioner Stephen Town and the committee on producing this ordinance. He said though, that 181 Phila Street, is a complete mockery of the City’s ordinances. He said the former owner of this home applied for a bed & breakfast permit from the Planning Board but was denied. He said the current owner was well aware of that denial. He said the building is now licensed as a rooming house, but operates as a bed and breakfast. He said the existing ordinance is somewhat vague and it needs the attention of this Page 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 committee. He said there needs to be delineation between short term and long term stays. David Bronner, 5 Royal Henley Court, said he understood that there would be a proposal brought forth for all City taxpayers to be charged a fee which would then be used to repair water lines on private property. He said the Council should reject that proposal. He said the City does not need to go into the business of repairing private lines. He said he also did not want to see another tax or fee imposed on residents. He said the City is already taxed above the national average and again asked that the Council to reject such a proposal. Susan Steer 180 Phila Street, said she seconded the previous speaker’s comments on the 181 Phila Street. She there needs to be some distinction between rooming houses and bed & breakfasts. She said the public should also be given the opportunity to voice their concerns on these uses. She said the current owner of 181 Phila Street knew that the previous owner had the request for a bed & breakfast rejected. She said this is a residential neighborhood and not equipped to handle the additional parking and traffic. John Roche, 1 Fifth Avenue, said he had read the proposed ordinance and the minutes from the meetings and had also spoken to Gavin Landry, Debbie Harper and Tony Izzo on this ordinance. He said this ordinance focuses on licensing and not zoning or impacts to the neighborhood. He said though that the rooming house located near him is operating and advertising as a bed & breakfast. He said there is also a tremendous overflow of traffic and parking from that parcel. He said that parcel is licensed as a rooming house with four bedrooms and he was sure that they were using more than four bedrooms based on the parking. He said that enforcement was an issue and asked that the City take a look at this parcel to see if it was in compliance. Commissioner Thomas McTygue clarified that it was not his intention to repair private water lines. He said it was his intention to make repairs from the main to the shut off at the curb. He said homeowners have a difficult time in getting plumbers to do the work in a speedy fashion and his department could do it quicker than the plumbers. He said it was his intention to speak to the neighborhood associations on this matter. He again clarified that the City would not be going onto private property to make these repairs. Commissioner Stephen Towne said it was important to note that his department handled the licensing aspect only and that code enforcement fell under another department. He said it was his intention though to work with the other departments on enforcement issues. Tony Izzo explained that Michael Trattles’ comment concerning public’s right to review applications was correct that it was not detailed in this ordinance. He said, however, that the regulations for review do exist but they are in other ordinances not in the licensing ordinance. There being no one else wishing to speak, Mayor Michael Lenz closed the pubic comment period. ACCOUNTS DEPARTMENT Lodging Establishments and Eating & Drinking Establishments Ordinance (04-075) Commissioner Stephen Towne said the ordinance had been previously distributed to Council members and this evening a revised copy with minor changes was presented to the Council members. He said at the last Council meeting, a public hearing was held on this ordinance. At that time there were some questions raised and it was sent back to the committee for additional research and review, specifically with respect to rooming houses and that definition. He said the definition of a rooming house proposed by the committee included a requirement for a minimum stay of seven days. He said at the last meeting statements were made that the seven day requirement originated from a state requirement. He said upon further research, the committee determined that state law contains no specific seven day requirement, but does in fact make many significant distinctions between lodging establishments that require long term stays and other types of lodging Page 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 establishments. He said the committee maintains there is a very real need for a classification of lodging establishment that requires a longer rental period and that they do not operate in the same way as a tourist oriented lodging establishment. He said the committee has worked long and hard to develop an ordinance that makes the administration of lodging, food and sidewalk café licenses much more comprehensive and of far greater benefit to customers and to the general public. He said that only one paragraph in this entire ordinance: the definition of rooming house has generated extensive concern from business owners. Commissioner Stephen Towne moved and Thomas Curley seconded for the adoption of the proposed Chapter 136 of the City Code, entitled, Lodging Establishments and Eating & Drinking Establishments, except for the definition of Rooming House in section 136-1. With respect to the definition, he moved that it be designated as “reserved”. Also he requested that the current joint group of Zoning Board of Appeals, Planning Board and Design Review Commission members analyze the need for longer term lodging establishments in the City and provide input to the Council for an appropriate definition of “Rooming House” and that the Council shall take such report under consideration and develop a definition to included in Chapter 136 within the next three months. He also noted that the ordinance as presented included the minor changes presented this evening (Attachment A). Mayor Michael Lenz said he appreciated Commissioner Stephen Towne removing the rooming house definition. He said he realized there were concerns expressed on that matter. He said that he wanted to support the adoption of this ordinance and with that item removed he could do so. Commissioner Stephen Towne said this group met for more than five months. He thanked the committee members: Gavin Landry, Saratoga Convention & Tourism Bureau, chair; Geoff Bornemann, City Planner, Mike Biffer, Building Inspector; Pat Rocco, Fire Department; Kevin Veitch, Code Enforcement; Erin Dryer, Deputy Commissioner, DPS; Debbie Harper, Deputy Commissioner, Accounts; Marilyn Rivers, Risk Manager; Tony Izzo, Assistant City Attorney; Chris Mathiesen, Zoning Board of appeals; Bruce Levinsky, Merlin Development; Kathy Smith, Saratoga Arms, Carrie Woerner, Saratoga Springs Preservation Foundation and Dennis Brunelle, Saratoga County EOC. Commissioner Thomas Curley thanked Commissioner Stephen Towne and the committee for addressing his concerns on the not for profits. Commissioner Matthew McCabe said this was a good product. He said he is very conscious of preserving neighborhoods and was concerned with changing the rules in mid stream. He said he wanted to be careful to not set a precedent and he would like time to investigate the particular business that was of concern to so many. He said he wanted to be sure that legally operating businesses were not put out business by actions of the Council. He said he wanted to hear from constituents on these matters. Ayes all. DEPARTMENT OF PUBLIC SAFETY DPS Building Feasibility Study Commissioner Thomas Curley said the City had previously contracted with Architecture Plus for a feasibility study for a DPS building. He said Joe Lamonaco was here this evening to present this analysis. Joe Lamonaco said his firm first looked at existing conditions. He said DPS utilizes a good deal of space in City Hall. He said the total amount of square footage used by DPS is about 12,000 with 9,000 used by the Police Department. He said as they reviewed this space, it was quite apparent that the Police Department had outgrown their space. He said this building suffers from a deferred maintenance program, thereby making it difficult to renovate the space to meet their needs. He said that there would need to be a complete “gut” of the space in order to renovate it to meet their needs. He said they realized that was not likely, therefore, focused on a new facility. Joe Lamonaco said they then did a detailed, in depth review of the Police Department, going through room by Page 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 room to learn their needs. He said in summary, they found that the Police Department needs approximately 22,000 square feet and DPS administration needs about 3,000 (which is approximately what they have now). He said new construction would need to be about 27,000 square feet to meet their needs. Joe Lamonaco said they looked at renovating existing space and a possible addition but found that neither were possible. He said they looked at the possibility of having a DPS facility located in the downtown area. He said there is a City parking lot behind the building that could be utilized. He reminded Council members that this is a design concept only. He said they said their concept was for a three story building with a footprint of 9,000 square feet that could be constructed on that site. He said the City would lose between 20 and 25 parking spaces, however, there would be ten parking spaces on the site for police vehicles. He said because of the slope of the lot, the parking spaces would be located on the rear and tucked in. He noted that because the site is in the downtown area, all of the utilities are available. He said there is a potential negative in that the soil conditions are not the best. He said it could require a geotechnical survey. Joe Lamonaco said that their concept for the building would be that the first floor would be at grade on Maple Avenue with dispatch and the patrol division on that floor. He said the second floor would be administrative offices, training area, incident/control room, investigative unit, juvenile area and an area for evidence storage. He said the basement would have immediate access out of the rear which was critical for transportation of detainees, vehicle impoundment. He said the remainder of the basement would be for the patrol locker room, exercise room, mechanicals and storage. He said based on this particular design they estimated the cost to be between $5 and $6 million which included the cost of the building, equipment, site work, design fees and all contingencies. He said their concept was for a steel framed, masonry building, limestone trim and that it would be compatible with surrounding buildings. He said the building would be fully self-contained in that it would have emergency generators. He said they estimated the duration of design and construction to be about two years to completion. Joe Lamonaco said a benefit of constructing a new building was that it would free up approximately 12,000 square feet in City Hall and there would also be no disruption to the Police Department as there would be with renovation work. Commissioner Thomas Curley said this was only a concept at this point. He said there were still many details and ideas to be considered. He said this was simply a presentation on what were their needs and how could they be accomplished. He said the current logistics is a great area of concern. He said the interviewing victims is difficult due to the lack of privacy. Commissioner Thomas Curley said he had established a working group to study this proposal with Pat Rocco, Fire Department, Daniel Noecker, Police Department and L. Clifford VanWagner. He said this is an extremely competent group that will consider all ideas. He said the charge to the group was to take this information, come up with dollar amounts, look at other possible solutions and develop strategies. He said this group will then report back to the Council with long term alternatives. Commissioner Matthew McCabe said on the surface this seems to be a good proposal, but asked if any other locations were considered. Commissioner Thomas Curley said the consultant looked at that location because it was close and accommodating, however, the group will look at other locations. He said they will also look at a private/public partnership. Commissioner Thomas McTygue said when looking at this corner lot, the other nearby lots need to be considered as well. He pointed out that there is the possibility of a parking garage and a hotel on the other nearby lots. Commissioner Thomas Curley thanked Joe Lamonaco for his presentation. MAYOR=S OFFICE Page 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 Saratoga Springs Housing Authority B Appointment (04-076) Mayor Michael Lenz reappointed Lee Weiser to the Saratoga Springs Housing Authority with a term of five years. Executive Assistant B Appointment (04-077) Mayor Michael Lenz appointed Kathleen Anspach as the executive assistant in the Mayor’s Office. CDBG Funding Recommendations (04-078) Brad Birge said the Council has had the recommendations of the 15 member committee. He said the City has $535,000 available. He reminded Council members that there had been two public hearings, three meetings, it’s on the WEB page and has been advertised in the local newspaper. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to accept the recommendations of the committee as presented. Ayes all. Nancy Wagner Contract Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to approve the contract with Nancy Wagner for minute taking at Council meetings in the amount of $100 per meeting. Ayes all. Jefferson Street Neighborhood Association William Manzueta said he and Kristine Healy were here this evening representing the Jefferson Street Neighborhood Association. He submitted a packet of material and asked that it be included in the record. He thanked Mayor Michael Lenz for allowing them the opportunity to make this presentation. Kristine Healy said they were here this evening to introduce themselves and to draw attention to the Jefferson Street area. She said their concerns evolve around one particular parcel on Jefferson Street 41 and 41A Jefferson Street. She said the home is in deplorable condition. She said they have contacted both the building inspector and the police department. She said the organization has been meeting since last summer and this parcel continues to be the focus of their discussions. She said the conditions at this parcel are simply unsafe and it was likely that the units should be condemned. Kristine Healy said they have had outstanding police presence in this area of the City and they are grateful for Officer Todd Bengston being in the area as much as possible but they wished it could be more. She said that there needs to be a watchful eye on what is happening at this parcel. Kristine Healy said it was unfortunate that the headlines in the newspaper said they were concerned with the racino. She said that was not true. She said they love the racino as well as the thoroughbred track. She said that both benefit the City. She said though that they need a continued police presence along Jefferson Street. She said there are too many speeding cars and lots of children in this area. She said the police need to be in this area simply to remind the patrons at the racino that this is a residential area. She said this is a transitional neighborhood. Kristine Healy said the residents in this area are willing to do their part to enhance the appearance of the neighborhood, but they need some help from the City. She said the residents of the Terrace feel the same way. She said another issue was signage. She said they would like more signage in the area. She said they would be willing to watch for vandalism, donate flowers, plant grass, etc. Commissioner Thomas Curley said his department would certainly be willing to work with the organization. He said though that he did not want to leave the impression that his department had done nothing in connection Page 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 with this one particular parcel. He said they have made several visits and written many violations on that parcel. He assured her and William Manzueta that the Police Department was available. He said he would also be willing to attend their next neighborhood association meeting. Commissioner Matthew McCabe said there needs to be a look at the revenue distribution laws in connection with gaming. He said with additional revenues from that source, they could be used to offset the costs of projects such as these. He said the City needs to take a look at this revenue distribution and then use it in the right place. Mayor Michael Lenz thanked Kristine Healy and William Manzueta for their presentation. Recreation B Anniversary Dates Linda Terricola first thanked Council members for the newly purchased Gilbert Road parcel. Mayor Michael Lenz said that on January 6, 2004, the Council approved pay rate changes for the Recreation Director and the Senior Account Clerk in the Recreation Department. He said that it was unclear in that motion as to whether those employees should have retained their original step dates. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Recreation Director and the Senior Account Clerk retain their original step dates of April 3 and September 1 respectively. Commissioner Thomas McTygue said because this amendment was based on a previous motion he would support it, however, he requested that consideration be given to the salary study which was completed several months ago. Ayes all. Recreation Department B Ice Rink Linda Terricola said that the advertisement board at the rink was installed 12 years ago and it was a revenue stream for the rinks. She said the request this evening was to approve the sale of advertisement time with contracts of between three and five years. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the advertisement boards with three year contracts at $500 per year plus the cost of the advertisement contingent upon the review by the City Attorney. Ayes all. Spring Lacrosse, Soccer & Skate Park Staff rates Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the Lacrosse, soccer & skate park salary rates as presented. Ayes all. Donation: Stewarts Shop Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the donation from Stewarts Shops in the amount of $5,000 for the renovations at the skate park. Ayes all. Gillette Creamery Vending Machines Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to approve the agreement with Gillette Creamery for ice cream and candy vending machines as presented. Page 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 Linda Terricola said the appropriate insurance certificates had been provided. She also noted that the Coke vending machines had a three year contract and they will expire next April. Commissioner Matthew McCabe said that some thought should be given to the recent presentation by the Climate Protection committee on the sensor devices that conserve energy on vending machines. Council members agreed. Ayes all. Executive Session Mayor Michael Lenz and Commissioner Thomas McTygue both requested an executive session to discuss litigation and the salary study. ACCOUNTS DEPARTMENT Award of Bid B Truck Tarping Systems Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the truck tarping systems to Arrowhead Equipment Company of Queensbury for the aluminum system: one unit $1,978 and three units are $5,934 (lowest bidder meeting warranty specifications). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Lodging Establishments and Eating & Drinking Establishment Ordinance Previously discussed. Insurance Renewal (04-079) Commissioner Stephen Towne said that on both April 8 and April 14, information was sent to Council members on the insurance renewal. He said those packets contained information on the coverage summary, premium summary and executive summary. He said NYMIR is rated at an A- company serving 574 municipalities with a great deal of expertise in claims and risk management. He said they have partnered with the City over the last year through membership on the safety committee, providing education material and conducting loss prevention surveys. He said that NYMIR is the largest insurer for municipalities in New York State. Harry Buccifero, Marshall & Sterling, said that this insurance renewal runs from May 1, 2004 to May 1, 2005. He said their proposal is for $739,152 plus an additional $2,200 for vehicles that were added after the original proposal. He said while it sounded like a lot of money, when put into perspective, there were negotiations to bring the number down by a significant amount. He said the City still shows an increase in insurance rates, but some of that was due to the 9 percent increase that NYMIR filed with New York State. He also explained that because the City’s budget has grown, there is more exposure, thereby creating more insurance costs. He said the City’s recent experience was discussed during negotiations, however, the current year is not used during negotiations. He said the prior three years is used. He said the City should see an impact next year based on experience. Harry Buccifero said this policy insures everything except for employee benefits. He said it covers property, fire, theft, fine arts, public officials coverage, errors and omission, law enforcement, $35 million in real property and $11 million in miscellaneous equipment. He said the City insures 174 vehicles ranging from cars, trucks, trailers, loaders, etc. He said the insurance proposal went up proportionately with the City’s budget. Page 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 Marilyn Rivers said that she plays an active role in claims management. She said the safety committee is also actively involved in the day to day activities of the City. She said that committee has made significant contributions on the smoking policy, evacuation plan and fleet safety program. She said the City also participates in the NYSDMV lens program. She said the hold harmless and indemnification language has also been updated. She said that the establishment of these best practices is the reflection of the hard work and progress that has been made to date. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the insurance renewal contract with NYMIR at a cost of $775,150. He noted that the cost was under budget. Commissioner Thomas McTygue also noted that there will be some vehicles coming off of the policy. Ayes all. Saratoga Springs City School District & Seven Wells Street Realty Commissioner Stephen Towne said that on March 3, the Council requested that the Planning Board review the proposed zoning map amendment submitted by the Saratoga Springs City School District and Seven Wells Street Realty corporation to change the classification of about two acres of land on the west and east sides of Wells Street from Urban Residential-2 (single family homes on 6,600 square foot lots) to Office/Medical Business District. He said the Planning Board discussed the project at their March 24, 2004, meeting. Following that discussion, the Planning Board voted 7-0 to issue an unfavorable advisory opinion on the proposed zoning map amendment. Commissioner Stephen Towne said that yesterday, April 19, he received a letter of withdrawal from the applicant. Therefore, no action by the Council is necessary. Five Points Zoning Amendment Petition Commissioner Stephen Towne said that o March 17, the Council requested that the Planning Board review the proposed zoning amendments submitted by Kimberlee Helenek, Stephanie Melvin and Dennis & Juliane Brida for some text amendments in the list of permitted uses in the Neighborhood Commercial District and for a map amendment to change the classification of three parcels (about 0.6 acres) at the Five Point intersection from Urban Residential-2 and Urban Residential-3 to Neighborhood Commercial. He said the Planning Board discussed this request at their April 14, meeting. At that meeting the Board worked with the petitioners to make a number of minor changes in the proposed text amendments for the Neighborhood Commercial District. Commissioner Stephen Towne said that following the discussion the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed revised zoning text and map amendments with the following comments: 1. The Board believes that the proposed map amendment and the revised text amendments are not contrary to the general purpose and intent of the zoning ordinance. 2. The Board also believes that the proposed map amendment and revised text amendments are in accord with the Comprehensive Plan. Commissioner Stephen Towne requested that a public hearing on this matter on May 4, 2004, at 6:55 p.m. FINANCE DEPARTMENT Payrolls B Approve Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the Page 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 following payrolls: April 9, 2004 -- $346,860.59 and April 16, 2004 -- $380,821.16. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 Regular Warrant 4/20/04 2APR04 $ 194,485.52 2004 Mini Warrants 04/14/04 MC040414 $1,221,846.27 Ayes all. 2004 Budget Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to accept the budget transfers that exceed 10% of budget appropriation previously distributed with the agenda. Lines 1 and 2 are to make a balance payment to CLT for reassessment services. Lines 3 and 4 are to pay for the rental of the Knights of Columbus for stuffing envelopes. Lines 5 and 6 are to pay for the cost of advertising the political calendar per new Charter. Lines 7 and 8 are to pay the remainder of the 1st Quarter Unemployment bill of $15,000.00, only $12,000.00 budgeted. Transfer within Finance budget temporarily but may need to request money from contingency as the year progresses (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to accept the budget amendments previously distributed with the agenda. Lines 1 through 8 are to accept donations from various entities for either Spa City Band concerts or the July Chamber Music Series coordinated by the Visitor Center. Lines 9 and 10 utilize the casino chair rental reserve to purchase a new security camera for the park. Lines 11 and 12 is to accept payment for Stan Hunt for purchase of the insect sprayer, he was the highest bidder. Lines 13 through 17 are to record a reimbursement from NYSDOT for engineer and traffic light electrician time spent inspecting work performed on the traffic signal project (Attachment C). Ayes all. Low Income Senior Housing Documents Commissioner Matthew McCabe said he had been working with City Attorney Matthew Dorsey on this matter. He said he has the authority to sign these documents, however, wanted to allow the Council the opportunity to express their concerns or questions. Matthew Dorsey said at this point, Commissioner Matthew McCabe may consent to the establishment of the development company for this low income senior housing project. He said after that consent, Commissioner Matthew McCabe can give preliminary approval and then the applicant would go to the Planning Board for review. He said after the Planning Board review the applicant would return to the Council and at that point the Council will discuss the PILOT agreement. Matthew Dorsey reminded Council members that they did approve a PILOT agreement in 2000 for a similar project. He said that PILOT was for 32 units and this one will be for 105. He said though that at this time, the Council was not considering the PILOT agreement. Commissioner Stephen Towne clarified that tonight was only the formation of the development company and the referral to the Planning Board and that the project would return to the Council for final action. Matthew Dorsey agreed. Creation of a Municipal Infrastructure Capital Reserve Fund (04-080) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to accept the Municipal Infrastructure Capital Reserve Resolution previously distributed with the agenda (Attachment D). Page 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 Commissioner Matthew McCabe said the 2004 Capital Budget called for the creation of a special reserve to pay for the first year debt service payment on the West Infrastructure Project. He said this resolution creates that reserve and allows the Commissioner of Finance to move $183,724.91 from the Real Property Acquisition and Municipal Facility Improvement Capital Reserve to the credit of the Municipal Infrastructure Capital Reserve. Ayes all. DEPARTMENT OF PUBLIC WORKS Storm Drainage Project Commissioner Thomas McTygue reported that the City would be digging on Spring Street between Henry and Putnam in the next few days for the storm drainage project Fire Alarm System B City Hall Commissioner Thomas McTygue announced that the fire alarm system had been installed in City Hall as per the state recommendations. He said the original estimate was for $28,780, however, because the DPW crew installed the wire, the cost was reduced to $18,310. Motor Vehicle Inspection Mandate Commissioner Thomas McTygue said DPW recently received a letter from New York State Department of Motor Vehicles notifying the City that if we wanted to maintain our status as an inspection station, the City would need to comply with a new regulation requiring us to purchase an emission computerized vehicle inspection system at a cost of $1,664.02. We would also be required to have a dedicated phone line installed for this device. The City performs over 100 inspections per year and having them done elsewhere would cost about $35 each. Paving Schedule Commissioner Thomas McTygue announced the following paving schedule: May 3 mill Union Avenue Mill Nelson Avenue May 4 Pave Union Avenue Pave Nelson Avenue May 5 Pave Weibel Avenue north bound May 6 Pave Weibel Avenue south bound May 7 Pave Nelson Avenue May 10 Mill Elbern Street Mill Avery Street May 11 Mill North Circular Street Mill Spring Street May 12 Pave North Circular Street Pave Spring Street May 13 Pave Elbern Street Pave Avery Street Commissioner Thomas McTygue said this would get the east side of the City done before the track season begins. He said the City has a budget of about $400,000 to do paving each year, but it is never enough. Page 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 Water Bill Explanation Commissioner Thomas McTygue said that he distributed last week a copy of the water bill with the new informational note as follows: “For your information, your water bill is based on cubic feet of water used and measured by your water meter. (1 cubic foot of water = 7.5 gallons).” Flushing Fire Hydrants Commissioner Thomas McTygue said that the hydrants in Geyser Crest would be flushed this week. DEPARTMENT OF PUBLIC SAFETY Feasibility Study Previously discussed. Donation B Serotta Bicycles Commissioner Thomas Curley said at the last Council meeting the Council accepted the donation of two Serotta Bicycles. He said the dollar value of those bicycles was $5,000 each. He said that is a major donation to the City and brings their total donation to six bicycles. He thanked Serotta Bicycles for this generous donation. Public Safety Building Workgroup Previously discussed. SUPERVISORS Skippy Scirocco said the County is taking a new look at recycling in the county. He said they have developed a new logo and brochure explaining what can be recycled. Commissioner Thomas McTygue asked if the supervisors could talk to county officials about cleaning up the litter along county roads. He said that in particular Crescent Avenue and Meadowbrook Road have quite a bit. Skippy Scirocco agreed to talk to Joe Richey about this matter. Phil Klein said two new individuals were recently appointed to the County Planning board B Lorraine Tharp and Beth Levik. He said both were a great addition to the Board. He said the legislative committee has also approved the following items: asked the state legislature to restructure the outdated reimbursement formula on nursing homes, opposed the Governor’s proposal to expand VLT into non-horsing racing venues; supported the barring of unfunded local mandates on local government; opposed the closure of the Mt. MeGregor facility; opposed siting the PCB siting in Saratoga County, support the alternatives to attract new workers to the medical field, supported Empire Development zones. Phil Klein said they also resolved to express their opposition to S6056 and A9556 which reallocates moneys received by municipalities for fines. He said the City budgets $250,000 as revenue under that line item. He said they also passed legislation authorizing participation in the NYS Stop DWI program. He said the City received $36,000 under that program. Commissioner McCabe asked if there was a vote coming upon the VLTs. Phil Klein said that the Governor has included in his budget eight additional venues in the state that are non-horsing racing venues. He said they re in the Catskills, Long Island, Westchester and Buffalo. He said they do not believe that the Governor should be acting so quickly on expanding VLT venues. He said that it was implied that VLTs would be located only at race tracks. He said the county opposes the Governor’s proposal. Commissioner Matthew McCabe Page 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 20, 2004 said that if the Governor’s proposal was to pass, there could be a freestanding full fledged casino. Phil Klein said that might be possible. Commissioner Thomas McTygue noted that there was a very good horse in the harness industry called Bunny Lake that just set a world record by winning more than $2,000,000. He said that it was impressive to have such a horse stabled in Saratoga springs. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 9:05 p.m. Ayes all. Council members returned at 9:30 p.m. Article 78 B Stewarts Shops (04-081) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to contract with Tony Izzo for representation in the Article 78 Stewarts Shops case in the amount of $100/hour with a cap of $1,000. Ayes all. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn at 9:30 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 12 of 12

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