City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 18, 2004 6:00 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: Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner, DPS (arrived 7:20 p.m.) Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Alicia Wardell, Deputy Mayor Matthew Dorsey, City Attorney CALL TO ORDER Executive Session Mayor Michael Lenz called the meeting to order at 6:00 p.m. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adjourn to executive session at 6:00 p.m. for discussions on land acquisition and personnel matters. Council members returned at 6:50 p.m. PUBLIC HEARING Increase in Senior Citizen Tax Exemption Limitation Tony Izzo, Assistant City Attorney, said this was a proposal to amend Section 212-4 of the City Code to increase the senior citizen tax exemption limitations. He said NYS law allows municipalities to do so. He said the income range goes from $24,000 (50 percent reduction) to $32,400 (5 percent reduction). Mayor Michael Lenz opened the public hearing. Remigia Foy said she supported this proposal, however, did not believe that it went far enough. She said there are many seniors who fall just above the maximum income limit. She said the City should explore homestead exemptions. She said the City should consider that anyone over the age of 72 residing in a home where they sleep should be totally exempted from property tax. She said there are a lot of seniors that want to stay in their homes but are unable to because of taxes. She said the City should also consider charging a fee for service for those not-for-profits that enjoy the full benefits of fire and police protection. She said this is being done in other cities such as New Haven (Yale University). There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Vehicle & Traffic Ordinance (Parking Lot behind City Hall) Commissioner Matthew McCabe said this proposed amendment to the ordinance was a follow up to previous Page 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Council action on the two hour parking limitation for the parking lot directly behind City Hall. He said amending this ordinance allows for two hour parking in that lot. Mayor Michael Lenz opened the public hearing. Bruce Levinsky, Merlin Development, complimented Commissioner Matthew McCabe for bringing forth this proposal to enhance parking in the downtown area. He also said that at a previous Council meeting there were various proposals on parking garages/decks in the downtown area. He said that he fully supported the parking garage/deck on Woodlawn Avenue. There being no one else 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. with the Pledge of Allegiance. PUBLIC COMMENT PERIOD 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. Mayor Michael Lenz opened the public comment period. Council members agreed because of the amount of speakers wishing to speak that the public comment period be extended to a full 30 minutes at the beginning of the meeting and then the remaining speakers would be allowed time at the end of the meeting. Fred Clark, 40 Walton Street, said he was very concerned with the construction of a parking garage/deck on Woodlawn Avenue. He said he has lived here all of his life and he loves the City but he does not want to look out over a parking structure. He urged the Council to reconsider this proposal and to move forward the proposal to place a structure on High Rock/Maple Avenue. Phil Barrett, Town of Clifton Park Supervisor and member of the Saratoga County Water Committee, said he was glad to see that the City had the water issue on their agenda this evening. He said the Town of Clifton Park is committed to the county water solution by committing to purchase one mgpd and they believe that their needs will continue to grow. He urged the City to join in this proposal. He said the county water solution is the most cost effect, best way to provide a limitless supply of water to all Saratoga County residence. He said it is our duty as elected officials to provide the leadership and get the results that residents are looking for. He said the Town of Clifton Park was willing to support and assist the City in this process. He said he believed that fair and equitable solutions could be found and encouraged the City to work with the County. He again urged the City to commit to the county proposal. Roy McDonald, Assemblyman, said he was here this evening representing both himself and Assemblyman James Tedisco. He said they both urge the Council to join in on the County’s proposal. He said he recognized that there needed to be a lot of discussion and negotiations between the County and the City but believed that it could be done. He said the County proposal is a good, long term solution with a greater capacity and cost savings over the long run. He said the City and the County should work together for the community. He said it is important that one community not be isolated. He said there were a wide variety of agreements that could be worked out. He said both he and Assemblyman James Tedisco were willing to assist in any way they Page 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 could. He discouraged the Council from using Saratoga Lake. He said many of the constituents that he represents are from the Saratoga Lake area and they oppose the lake proposal. He said the lake should be used only as a last resort. He again urged the Council to join with the County. Anita Daly, Town of Clifton Park supervisor, said she was here this evening to urge the Council to join in on the County proposal. She said we owe it to the residents. She said there should not be a bandaid approach. She said long term solutions that do not impact the recreational elements need to be considered. She said this is not just a problem for the City but one for the entire County. She said the County proposal required commitment and cooperation and urged the Council to join in. She said that officials should do the job they are elected to do and secure a county wide water system. Bob Prentiss, Assemblyman representing Clifton Park and Halfmoon constituents, said he too supported the County proposal. He said the County has a master plan for the water needs of the entire County. He said Saratoga Springs should not use Saratoga Lake as their fresh water source but rather should use the upper Hudson. He said he had received hundreds of letters and phone calls urging the City to use the upper Hudson. He said the County’s 1995 master plan developed by Clough Harbor was a carefully crafted plan that was not ill conceived. He said that plan recommended both short and long term solutions, none of which included Saratoga Lake. He said Saratoga Lake is a beautiful natural water source that should not be endangered. He said there is a lot of recreational use of the lake and using the lake as a water source would endanger that recreational use and ecology of the lake. He said it would also hurt the businesses and residents who reside around the lake. He said the City needs to reexamine the County’s water master plan. He said the lake would only be a quick fix and that is unacceptable. He said we cannot afford more isolationism. He reminded Council members that the City had already lost a couple of million dollars in sales tax revenue by withdrawing from the County plan. He said there could be a great deal of both federal and state funds available for the County plan. He urged the Council to join in on the County proposal. (Erin Dreyer arrived 7:20 p.m.) Dennis Brobston, Saratoga County Economic Development Corporation, representing Ken Green said it was imperative to have a good water supply for the County. He said a regional solution would support the growth of a diverse environment. He said that SEDC applauded the actions of Council members to move forward on this issue. He said the County proposal would provide more services such as fire protection, creating additional tax base and job opportunities. He encouraged the Council to consider the County proposal. Dave Bronner, 5 Royal Henly Court, urged the Council to adopt the proposed draft letter to the County which outlines the City’s needs. He said he supported the upper Hudson alternative. He said the Council could, at the same time, continue with the EIS/SEQR process. He said he was very concerned with what he heard on the news this evening by one of the Commissioners in which that Commissioner stated that if the upper Hudson became the preferred option it did not matter because he would not allow the connection to be made to the City system. He said that was an unfortunate statement that does not contribute to a solution. He said he did not support the Saratoga Lake option. Neil Hannon, 7 Telridge Drive, said he did not support the County plan. He said the lake was a fine alternative and it will save the City millions of dollars. He said the Council needed to think about the interests of the citizens. He said because the County proposal is more expensive and the City would lose control, he did not support that proposal. He said the Council has heard from a lot of people this evening who do not live in the City and the Council needed to hear more from those who do. He said when the residents see their water bills with severe increase, then the Council will hear from them then. Gordon Boyd, 99 State Street, said he supported the Saratoga Lake option. He said it was premature to have communication with the County when the City has no idea of what the costs really are. He said the costs will not be known until the County does a DEIS. He said he was surprised that the politicians would support this proposal when the costs were not known. He said the City needs to do what is best for the residents. He said the City should only cooperate when it is in our best interest. Page 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Bruce Goodale, 18 Horizon Drive, professional engineer, said he had followed this issue and had read all of the documents. He said he believed the County proposal was the best solution for the water needs. He said healthy and safe water was paramount. He said the County proposal uses a higher level of water treatment than the City is proposing. He said security is also an issue with the City’s proposal because the water treatment plant is more vulnerable. He said there are many arguments that the lake is less expensive, however, that is predicated on using the existing water treatment plant with modest upgrades. He said the proper cost accounting should include a new filtration plant. He urged the City to negotiate with the County on their proposal. Peter Buck, Park Place, said he recently purchased the parcel in the Five Points area as an investment. He said he did not plan to open a restaurant. He said he purchased the parcel as an investment only. He said it was not his plan to change the landscape. He said he was willing to talk to the neighbors. He also noted that if there are changes they would need to have site plan review by the Planning Board. Eileen Finnernan said she did not support the County plan. She said she was concerned with losing control of the City’s water source. She said she believed that the Saratoga Lake would be enhanced because we would then take better care of it. She said she wondered where state and federal money would come from when the state has been ordered to pay between $5 and $8 billion to the NYC schools and the federal government is facing its largest deficit ever. She said this is a very serious issue and there needs to be more public comment. Mike O’Dunne said he did not support the upper Hudson option. He said there is mercury and pcb alerts and residents have been advised not to fish in the upper Hudson. He said he was not convinced that the County was looking out for the residents of the City. He said the City has “lit” up the County and the City has been shorted by the County on several occasions. He said he had no confidence that the County was looking out for the residents of the City. He reminded everyone that the County has an empty landfill that the Board of Supervisors approved. He urged the City to continue with the Saratoga Lake option. Being at the 30 minute time limit, Mayor Michael Lenz closed the public comment period. He said that more time would be allowed at the end of the meeting. ACCOUNTS DEPARTMENT Authorization for Mayor to sign Water Purchase Proposal with the County (04-090) Commissioner Stephen Towne said the City recently completed the water workshop presentations from the three alternate water source options. He said that now is an opportune time to being to craft specifics on the County water plan. He said last week, he circulated a draft letter detailing specific terms for the County’s consideration. Commissioner Stephen Towne said the objectives of his proposal are: 1) to convey to the County a seriousness of the City’s intent to consider the upper Hudson River option; 2) to underscore the urgency of our water situation by taking action and creating movement to expedite an eventual decision; 3) to identify key decision variables of primary importance to the citizens of Saratoga Springs in this decision process; 4) to recommend a specific proposal for each of the identified variables; 5) to recognize the City’s role in this potential option as a buyer of water not as the owner of the system, and 6) to seek a response from the County regarding these proposed terms. Commissioner Stephen Towne said by taking action at this time, the City is allowing the development of this option to run parallel to the ongoing completion of the responsive document. He said it is also supportive of the value of reviewing the responsiveness document prior to any final decision being made by the Council on the selection of the City’s alternative water source. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to Page 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 authorize the Mayor to send the draft letter that was previously distributed to the Council to Supervisor Ray Callanan, Chair of the Saratoga County Water Committee, requesting a response to the proposed terms. Commissioner Thomas McTygue said he was glad to see the elected officials here this evening and taking an interest in the City’s water source. He said those politicians would love to see a free transmission line run through their towns. He said this is a very big issue and there should have been a separate public hearing with its own agenda and held in another room. He said it was unfortunate that speakers earlier this evening were cut off. Commissioner Thomas McTygue said most of the City residents are opposed to the County proposal unlike the politicians. He said everyone should take a look at their sewer bills. He said they are two and a half times more than their water bills. He said the County is saying that the more residents that tie into the water line, the cheaper it will be. He again noted the sewer bills saying that there had been a 53 percent increase in sewer bills. He asked why, when there were more tying into that system the price is so high. Commissioner Thomas McTygue said he did not support the signing of this letter for many reasons. He said there are significant points lacking in the letter. He reminded everyone that about three months ago, a letter went to the County from the City and about 70 percent of those questions listed in that letter have not been answered. He said it was too bad that the politicians had made their comments and then left. He said Assemblyman Prentiss was wrong to state that the County has a water master plan. He also noted that Assemblyman Prentiss does not even represent anyone in this district and wondered how he could be fully aware of all of the pertinent issues. Commissioner Thomas McTygue said the original Clough Harbor plan from the 1990s called for the use of Saratoga Lake and that plan proposed to draw about 30 mgpd. He said the City is looking at drawing a maximum of 11 mgpd and that would only be if the City lost is existing reservoir. He said the City would use Saratoga Lake as a supplemental source. Commissioner Thomas McTygue explained that on some days or months it may not even be necessary to draw on the supplemental source. He said since January 1, 2004, the City’s reservoir has been at overflow and they estimated that could hold well into June. He said he could not understand why the City would propose to purchase 1.5 mgpd when it may not even be necessary. He said we would be paying for water that we are not using. He said these elected officials have nothing invested in this community. He said the construction costs should be shared by all of the communities rather than just the residents of this City. He said the County keeps saying that the ratepayers will pay for this, but asked who are the ratepayers. He said the Town of Malta has made no commitment to this proposal. He said the City has invested more than $600,000 on the DEIS, held the longest standing public hearing SEQR process in NYS, allowed anyone to submit questions and participate and now all of a sudden Commissioner Stephen Towne wanted to hurry up and forward a letter to the County. He said the upper Hudson is contaminated with PCBs and he did not want his children or grandchildren drinking contaminated water. He said if the City uses this water, residents should worry about the value of their property. Commissioner Thomas McTygue said the County’s report originally stated that the water would cost $1.95 per thousand gallons, then it went down to $1.20 but then it goes to $2.60 in year five. He asked what those figures were based on. He said the City needs to see the facts and figures and we need to ask more questions. He said there should have been a public hearing on this matter. Commissioner Thomas McTygue said he would stand by his decision and stand up for what is right and what is in the best interest of the residents. He said he made the comment that as long as he was an elected official in this community he would not allow the City to tie into the upper Hudson. He said the Council can write all of the letters it wanted but he would not allow the City to tie into the upper Hudson. He said if we are not able to eat the fish, we should not be able to drink the water. Commissioner Thomas McTygue said it is important to have a commitment from the Assemblymen and Congressmen, however, they are apparently only verbal commitments. He pointed out that those Page 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Assemblymen are two minority members. He said that they should be offering their assistance to SLIPD to address their financial problems. Commissioner Thomas McTygue said another major issue was where does the County want to be and what does it want to look like. He said if a water line is brought down from the upper Hudson it will also bring on massive development in the County. He said Saratoga County will end up looking like Westchester. He said the people who live here now enjoy the community and enjoy what we have now. He said, however, that the community is becoming a “Mercedes” community. He said the average family earning $50,000/year cannot afford to buy a home here in the City. Commissioner Thomas McTygue said that The Gazette and The Post Star have supported the lake option. He said that the plan is to use the lake as a supplement and we will draw only a little. He said it could be possible that it would be used as a supplemental source for many years to come. Commissioner Thomas McTygue then asked Rich Straut, Barton & Loguidice, to address some of the issues. Rich Straut said that in October he provided a letter to the Council which outlined his review of the County draft water supply plan. He said that the letter was based on the June 2003 proposal. He said there have been slightly different proposals and plans since that time, but all in all it still revolved around the June 2003 plan. Rich Straut said in his October letter he identified a number of concerns. He said based on his review of the draft plan and the recent presentation by the County, he now had more concerns and questions. He said that first, the County plan is still a draft and has been for more than a year. He said the City does not have a concrete document to evaluate. He said the most recent numbers are $1.95 per thousand gallons, but that was still unclear. He said the City is in the process of preparing a responsiveness document. He said the County’s proposed water rate in the draft agreement appears to be an introductory rate plan which does not meet the long term needs. He said it appears to be based on the concept of obtaining grants, through verbal commitments. He said it was unclear where those grant dollars had been included in the draft plan. He said it appeared that $10 million would go toward construction costs and then the additional $10 million would be a series of one shot revenues one time each year for five years at $2 million. He said it was akin to a rate subsidy and asked what would happen after that time. He said he suspected that the rate would go up. He said it also appears that there would be a ten year price of $1.95 and that at the end of the ten years a possible expansion of the water treatment plant and then another expansion five years after then another water line to extend the water to other areas of the County. He asked who would pay for those expansions. He said it appears that the City would pay the initial costs of $72 million and then an additional $50 to $100 million for the additional expansions. He asked how the City’s exposure could be limited in connection to those costs. He said the County proposal is the only alternative that requires a minimum purchase. Rich Straut also noted that there would be yearly maintenance costs of between $650,000 and $1.4 million. He said it would also be likely that the City would still need to upgrade its existing water treatment plant for an additional cost to the residents. Mayor Michael Lenz asked if Barton & Loguidice had estimated the City’s water needs four to five years down the road. He said it could likely be four to five years before the County proposal is ready to tie into. Rich Straut said they did look at additional water uses and those incremental increases and then made their best estimates. He said there will be times when the City needs to buy water and times when it doesn’t, however, the County requires a guaranteed cash flow. He said based on the initial rates and their calculations, the cost will be between $650,000 and $1.4 million. Rich Straut said that the projections are based on the numbersthat in 30 years, the City will need to purchase 1.5 mgpd. Rich Straut said the financing for the County and City plans are very different. He said even with the subsidies the County plan would be more expensive. He said if we are to assume that there are no PCBs in the Hudson, the City could still go to the Hudson on its own for less than what the County is projecting. He said there are other issues brought up by the public and residents of the lake in that they want to protect the lake. He said those individuals should be concerned with how the County proposal impacts the lake residents. He said if the County removes the barriers that allows for potential massive development, it too will have an impact on the Page 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 lake. He said Saratoga Lake as vastly improved since the sewer lines were installed and also due to the maintenance by SLIPD. He said if the County removes those barriers and there is rapid development that could cause a decline in the lake. Rich Straut said the draft County plan is not clear on the numbers. He said the numbers could have been reduced by their downsizing the system (pipes, water treatment plant, etc.), but it was unclear to him. Commissioner Thomas McTygue said in the first year of the contract, the City could pay as much $617,000 which is 17 percent higher than what residents pay now. He said in year five it could be as high as $1.5 million which is a 38 percent increase. Commissioner Thomas McTygue then asked Doug Ward, attorney, to address some issues. Doug Ward said it would have been better if he had been consulted on this draft letter. He said he had some serious concerns in connection with the SEQR process. He said the text itself was ambiguous. He said the letter sounds like a commitment from the City. He said the SEQR process requires that the City go through the process. He said he thought that the City would not make a commitment on anyone particular alternative until all the stones had been turned. He said the responsiveness document would be ready within the next few weeks and in that document, the City’s paid consultant would comment on all of the proposals. He said the City cannot make a serious commitment until it completes the SEQR process. He said there are a number of key issues that Rich Straut mentioned that need to be addressed. He said they are concerned with the dredging process and whether that will release PCBs. He said the City should insist on independent consultants reviewing that issue. He said another issue was the potential growth. He said a list of all potential issues should be developed and that should be done when the responsiveness document is completed. He said he was also unclear as to how the County was coming up with its numbers. He urged the City to stay the course and wait a few more weeks until the responsiveness document had been completed. He said the City could make a commitment after the SEQR process was completed. Commissioner Thomas McTygue said this is a very serious issue. He said Barton & Loguidice will be back within the next three weeks with the responsiveness document. He said there should be a special meeting just on that issue. He said that this issue this evening should have been on a special agenda and it was time for the Mayor to take a stand. He said there should have been a public hearing. Commissioner Thomas McTygue said the Saratoga County Sewer District was created by legislation. He said in the Town of Wilton they allowed 1,200 additional homes outside of the sewer district to be included in the sewer district as long as they paid two and a half times the sewer rate. He said the developer agreed to that proposal, however, when the resident then moved into those homes and found out what they were paying, they went to their politicians and those same politicians reduced their sewer rate by $20,000. He said that very same year, the City residents began paying $20,000 more. He said those residents in the Town of Wilton got a break and the City residents pay for it. He said the City cannot even get representation on that committee. He said the City sent Remigia Foy as their representative and the County rejected her. He asked why the City should trust the County. He said it is important to take a strong position on this matter. Mayor Michael Lenz said he was comfortable in signing the letter. He said he did not believe that this letter was a commitment. Roll call vote: Commissioner Stephen Towne aye Commissioner Matthew McCabe nay Commissioner Thomas McTygue nay Commissioner Thomas Curley aye Mayor Michael Lenz aye Motion carried. FINANCE OFFICE Page 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Five Points Zoning Amendment (04-091) Commissioner Matthew McCabe said the Council was faced with a zoning amendment petition which was denied with a 3-2 vote. He said after doing some research on the matter, it was discovered that a very important sentence was inadvertently left out of the ordinance. He said he had since talked to Tony Izzo, Assistant City Attorney, and it is Tony Izzo’s opinion that because that sentence was omitted, the Council has the ability to bring this back to the table for discussion and vote. He said it was his plan this evening to request that the Council send this back to the Planning Board for further review and comment. He said that also this allows the Council the ability to look at this zoning amendment petition again and perhaps vote on the original petition or a variation thereof. Tony Izzo said the sentence had been included in the legal ad, but not in the ordinance. He said due to that oversight, it gives the Council the ability to look at this petition again. He said the Council could choose to send this back to the Planning Board for review noting that perhaps there should be some consideration given to creating a separate Neighborhood Commercial District, separate from the Beekman Street Neighborhood Commercial District. He said the Council could consider tailoring this district for the Five Points area. He said there is a Planning Board meeting on Wednesday; and if they chose to do so, they could review this petition at that meeting. He said the Council could set a public hearing for their next Council meeting on June 1 and then vote on it at that time. He said this should be forwarded to the Planning Board for their review and study. Commissioner Matthew McCabe said he wanted to be sure that existing businesses had their rights protected. Tony Izzo said legal, nonconforming uses have vested rights and would be protected. Tony Izzo said the Council had the option of voting on the original zoning amendment or a variation thereof. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to send this Five Points Zoning Amendment Petition to the Planning Board and request an advisory opinion based on the previous advisory opinion regarding the Neighborhood Commercial District for a Five Points Neighborhood Five Points District. Mayor Michael Lenz asked what impact this motion had on the previous decision of two weeks ago. Tony Izzo said that the Council has the ability to return this to the Planning Board because of the omitted sentence and to request the Planning Board to review the material as generated this evening. He said the Council can still act on the original proposal or a variation thereof. Geoff Bornemann, City Planner, said he would talk to the Planning Board chair tomorrow morning to see if this item could be added to their agenda. Commissioner Stephen Towne said he wanted to be sure that the neighbors had notification of what was going on. Tony Izzo said a copy of the legal notice could be sent to the same list of those notified for the previous petition. Commissioner Stephen Towne said he wanted to be sure that reasonable steps were take to be sure that they are notified. Commissioner Thomas McTygue said he had faith that the Planning Board could work out the issues and had no problem in sending this back to them. Mayor Michael Lenz clarified that the Council could vote on the original proposal or a new proposal from the Planning Board. Tony Izzo said yes. He said the Planning Board could explore the possibility of developing a new neighborhood commercial district that would be separate from the Beekman Street NCD. Commissioner Thomas Curley said he wanted to be sure that the Planning Board addressed the parking and traffic demand issues. Ayes all. Page 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 MAYOR=S OFFICE Zoning Amendment Reviews Lou Schneider, Chair of the Joint Zoning Amendment Workgroup thanked committee members Robert Bristol, Ronald Kim, Mary Flanagan, Patrick Kane and Thomas Richards. He also thanked staff Michael Biffer, Geoff Bornemann, Mimi Rayl, Brad Birge and Tony Izzo. He said the group has presented a large group of amendments, however, most are minor in nature and are intended to correct minor errors in the zoning text, reduce ambiguity and keep the intent of the ordinance clear and intact. He said these amendments were distributed to each of the members of the three Boards and have been discussed at the quarterly meeting of the land use/development boards and department heads/staff. He said the joint workshop requests that the Council vote to accept this list of proposed amendments for study and refer them to the Planning Board for its required advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the list of proposed amendments for study and refer them to the Planning Board for an advisory opinion. Ayes all. Secretary to the Office of Planning and Economic Development (04-092) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to approve the position of Secretary to the Office of Planning and Economic Development, grade 11, step 1, $33,844, 40 hours per week. He said the funds were within his budget. Commissioner Thomas McTygue asked if this was a new position. Mayor Michael Lenz said no, it was a reclassification of the existing Planning Board secretary position with additional duties. Ayes all. Mortgage Subordination Agreement B 8 South Franklin Street (04-093) Brad Birge said this subordination agreement is similar to those of the past. He explained that the applicant is seeking to refine the original mortgage with her current bank, Adirondack Trust Company. He said the Adirondack Trust Company is requesting the continued subordination of the mortgage with the City. He said the City will retain its lien in second position to the Adirondack Trust Company. He said all covenants pertaining to housing affordability remain unchanged. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the subordination agreement contingent upon review by the City Attorney. Ayes all. Real Estate Committee Report (04-094) Matthew Dorsey, City Attorney, said the Real Estate Committee has recommended that the Council sell a portion of Trask Lane to James & Cecilia Monaco and Carl & Josephine Lawler. He said the committee is recommending that the alley be split in two and parcels of 6'x125' be sold to each for $500. He said that if one of the parties is not interested, then the committee recommends that the entire 12'x125' parcel be sold to the other for at total price of $1,000. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to sell a portion of the alley known as Trask Lane to James & Cecilia Monaco and Carol & Josephine Lawler, parcel size 6'x125', for $500 each. If one of the parties is not interested in purchasing the tract of land, then the entire parcel Page 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 of 12'x125' would be offered to the other party in the amount of $1,000. Ayes all. Matthew Dorsey said that further down the alley, the committee is recommending a similar sale to Bart Matrazzo and Carl Sevino. He said that parcel size is 12'x50'. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to sell a portion of the alley known as Trask Lane to Bart Matrazzo and Carl Sevino, parcel size 6'x50' to each, in the amount of $250. If one of the parties is not interested in purchasing the tract of land, then the entire parcel of 12'x50' would be offered to the other party in the amount of $500. Ayes all. Green Acres Utility Easement (04-095) Matthew Dorsey said the proposed utility easement in Green Acres, has been reviewed by the City Engineer. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign all necessary documents to allow the City to accept the easement in Green Acres. Ayes all. Salary Study Mayor Michael Lenz reported that during the executive session, Council members agreed to release the salary study on Monday, May 24. He said the distribution would be done by the Finance Office. Anderson Property Mayor Michael Lenz reported that during the executive session the Anderson parcel was discussed, however, no action was taken. Kuchevsky Parcel (04-096) Mayor Michael Lenz reported that during the executive session the Kuchevsky parcel was discussed. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the hiring of Paul Tommell for survey and topography work on the Kuchevsky parcel in the amount of $7,350, contingent upon the review of the Risk and Safety Manager regarding insurance. Ayes all. DEPARTMENT OF PUBLIC WORKS Easements B Foulke and Farone, Farone, Snyder and Harlow (04-097) Matthew Dorsey said that these four easements were necessary for the west side drainage project. He said these easements were the last to be obtained. He said both are to be given to the City for no consideration. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign all necessary documents to accept these easements at no cost to the City. Ayes all. ACCOUNTS DEPARTMENT Approval of May 4, 2004, City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the May 4 City Council meeting minutes. Ayes all. Approval of May 6, 2004, City Council Meeting Minutes Page 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the May 6 City Council meeting minutes. Ayes all. Approval of May 11, 2004, City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the May 11 City Council meeting minutes. Ayes all. Lake Avenue Pump Station Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded award the bid for the Lake Avenue Pump Station to Willemsen Electric for$19,206.22 (lowest qualified bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Authorization for Mayor to sign water purchase proposal with the County Previously discussed. Increase in Senior Citizen Tax Exemption Limitation (04-098) Commissioner Stephen Towne said he had previously circulated a memo proposing an increase in the income levels enabling more seniors to receive the benefit of senior citizens tax income limitation exemption. He said the ordinance amendment was previously drafted by Tony Izzo and circulated reflecting an increase of $4,500 in income for qualifying seniors. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the ordinance amendment as discussed during the public hearing and as previously distributed to the Council increasing income levels as indicated (Attachment A). Ayes all. Improvements to Voting Machine Handicapped Accessibility Commissioner Stephen Towne said as a result of the last mandatory redistricting of October 2002, Saratoga Springs was short the required number of voting machines per district. He said that at that time, the City was fortunate to receive a number of voting machines from Clifton Park. He said that this month, the Accounts Department invested approximately $2,000 to bring these machines up to existing handicapped accessibility standards. He said that in speaking with Teena Willard from Saratoga County Options for Independent Living, his office was informed that the federal government is very close to defining the new computerized handicapped accessibility requirements. He said that funds have been set aside in his budget for the purchase of the new technology machines once they become available. He said that Teena Willard has volunteered to update the Council once those determinations have been made. Executive Session Previously done. FINANCE DEPARTMENT Payrolls B Approvals Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: May 7, 2004 B $353,228.19 and May 14, 2004 B $361,363.81. Ayes all. Warrants B Approve Page 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2004 Regular Warrant 5/18/04 2MAY04 $ 224,313.08 2004 Mini Warrant 5/12/04 MC040512 $ 43,982.06 Ayes all. 2004 Budget Amendments Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the 2004 budget amendments as previously distributed. He said that lines 1 and 2 record the receipt of $700 for concerts in the park and $100 for educational programs at the Visitor Center (Attachment B). Ayes all. 2004 Budget Transfers Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2004 budget transfer as previously distributed. He said that lines 1 and 2 transfer funds from the West Avenue Fire House capital budget to the Lake Avenue Fire House budget to cover the cost of the floor reinforcement (Attachment C). Ayes all. Amendment to Vehicle and Traffic Ordinance (04-099) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to adopt the Vehicle and Traffic Ordinance as previously presented and discussed (Attachment D). Ayes all. Five Points Zoning Amendment Previously discussed. DEPARTMENT OF PUBLIC WORKS Excessive Water & Sewer Bill Commissioner Thomas McTygue withdrew this item from discussion. Easements Previously discussed. Phase II Storm Water Annual Report Presentation Dave Hanny, Barton & Loguidice, presented the City’s Phase II Storm Water Annual report. He said this report is required by federal mandate which requires the City to be in compliance with federal storm water regulations. He said the purpose of those regulations are to ensure and prevent storm water from impacting wetlands or other bodies of water. He said this program is administered by the federal government. Dave Hanny said the City is mandated to comply with these regulations based on the 2000 census data. He said the report submitted is draft and will be available for review for a week or so. Dave Hanny said this is a five year program which began in March 2003 and must be completed by 2008. He said the original letter of intent from March 2003 is included in the report. He said also included is the annual certification that we are in compliance with the regulations. He said Barton & Loguidice had been retained to provide management of the storm water program. He informed Council members that the City, along with other municipalities, was awarded a $200,000 grant. He said that money will go toward compliance with the regulations. He said there are six components to these regulations: a) public education; b) public participation; Page 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 c) elicit discharge protection; d) management of storm water during construction; e) follow-up of construction operations; and f) municipal highway pollutant projections. He said all of this information is included in the report. Dave Hanny said this is a very short overview of this project. He said the report is available in the City Clerk’s Office until May 25 and public comments will be received until that time. He said by June 1, the final report will be submitted to DEC. He said if any Council members have any questions, they may contact him. Water Bills Commissioner Thomas McTygue said that it had been brought to his attention today that several streets in the City have not received their quarterly water bill that was mailed on April 19, 2004. He said any resident who had not received their bill should contact his office. He said penalties would be extended for one more week because some residents had not received their bills. DEPARTMENT OF PUBLIC SAFETY Parking Ticket Report Commissioner Thomas Curley said at the last meeting there was a request from Commissioner Thomas McTygue on the issuance of parking tickets. He reported that in 2003 there were 107 handicapped parking tickets written and in 2004 is 151; loading zone was 105 in 2003 and 320 in 2004 and parking tickets in 2003 was 440 and in 2004 is 446. He said these figures are to date. He said it appears that the amount of tickets being written will be comparable to last year’s figures. He pointed out though, that they are spending more time on the loading zone matter, therefore, there is an increase in those tickets. SUPERVISORS Phil Klein said that the Saratoga County Board of Supervisors met today and voted to release the mortgage tax funds. He said the City will receive $790,836.73 out of a total of $4,668,082.55. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. He reminded everyone of the two minute limit. Lew Benton, 29 Thoroughbred Drive, said he remembered a time when the public had the ability to address the Council and he regretted that all of the individuals wishing to speak were not given the opportunity at the beginning of the meeting. He said the wanted to talk to the Council on the water issue before the Council took their vote. He said the water project will be, by far, the largest capital expenditure at more than $200 million. He said the cost of the water treatment plant will be $88.3 million, $108 million for distribution, annual operation and maintenance. He said in the letter drafted by Commissioner Stephen Towne, there is reference to the SEQR review process. He said that contrary to what people think, the County has not been forthcoming on that issue. He said that nearly two years ago the City Planning Board suggested in a letter to the County Planning Board that all municipalities that would be impacted by this project should get together to discuss the ramifications. He said much to his dismay, the County Planning Board Chair, Tom Lewis, said there was no plan to discuss. He said the City cannot enter into any agreement without the SEQR process. He said there are serious political, legal and fiscal limitations on this proposal. He said there are also limitations on the customer base. He said the time line proposed by the County was questionable. He said, on another note, that the Mayor should ensure that all public meetings are held in public places not in a restaurant. Page 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 Vincent DeLalla, 100 Lincoln Avenue, said he was in favor of the Five Points Zoning Amendment petition. He is a neighbor of the Westchester House and it is important to keep them in mind when discussing this zoning amendment. Tom Keyrouze, 13 Wampum Drive, said he was concerned with the lack of low income housing in the City. He said the developers are building $300,000 and $400,000 homes and the low income cannot afford those homes. He said he was also dismayed that on important issues, the Council’s votes always came out on party lines. He said he was concerned about many of the issues and was considering moving away from Saratoga Springs. Stephanie Melvin said many of the residents in the Five Points area simply did not understand the process. She said there needs to be uniform definitions in the zoning code and licensing process. She said that neighbors need to be made aware that uses are not automatic and that special use permits will be required. She said she was concerned though that she may be zoned out of business. She said she has always been able to obtain a license and wanted some assurance that she would be able to do so in the future. She said the Council needs to stand behind a uniform decision and to trust the Planning Board to do the right thing. She said it was too bad that the Council did not have faith in the process. Andrea Rodgers said she was very concerned about the water issue. She said she did not want to be subjected to polluted water. She said she was concerned to see the Council vote along party lines. She said she felt like the Council was selling out the residents of the City. She said she was also concerned that there were not affordable homes in the City. She said she liked the Westchester House and the Melvins and hoped that they could continue their business. Chris Millis, 2 Marion Avenue, urged the Council to hold another public hearing on the water issue. He said he came with an open mind this evening, but when he saw all of the politicians sitting in the audience, that feeling evaporated. He said he believed the lake option as a supplement was a good choice. He said bringing a water line down from the Hudson would certainly cause more development. He said the City does not need a limitless water supply. He said many Saratogians are tired of being treated like the goose that laid the golden egg. He said it was amazing to see the town supervisors from other communities here this evening telling city residents what is good for them. He said residents of the City want the Council to fight for them. He again urged the Council to hold another public hearing on this issue. Wilma Koss, 160 Kaydeross Park Road, said the cost for water would be negotiated. She said if it was negotiated at $1.20 per thousand gallons then that would be the cost. He said if the City chooses to go with the lake alternative, it will cost the City at least $17 million even if we don’t draw one gallon. She said that did not make sense. She also noted that the Town of Queensbury had been drawing water from the upper Hudson for more than 12 years and they have not had a problem. She said the mercury accumulates in the fish not in the water. Kim Helenick, Five Points area resident, said that the Barbara Lombardo submitted a packet of material to the Council but noted that many of those individuals included in that packet were not residents of this area. She said that people are so confused that some have sign both petitions supporting and not supporting the proposal. Lou Schneider, 5 Vallera Road, said that he lives in the Interlaken development and their water supply is owned by the Saratoga County Water Authority. He said Interlaken is the only ratepayer in that authority and they pay more than $75 per quarter for the first 15,000 gallons they use. He said that if anything goes wrong with that water system, they, as the ratepayers must pay for the work. He urged the Council to consider their options carefully before making a decision on the water supply. Matthew Murisky asked what roll the Council played in the school budget. Mayor Michael Lenz explained that Page 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 18, 2004 the Council played no roll in that budget. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:40 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 15 of 15