City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 17, 2004 6:50 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen Towne, Accounts SUPERVISORS: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Matthew Dorsey, City Attorney Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner, DPS Debbie Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor PUBLIC HEARING No Standing any time for Maple Avenue and Excelsior Avenue Commissioner Thomas Curley proposed to amend the City Code to allow for no standing on Maple Avenue between Grove Street and Excelsior Avenue and on Excelsior Avenue between Maple Avenue and High Rock Avenue. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Time Limit Parking on Congress Street Commissioner Thomas Curley proposed to amend the City Code to limit parking to 15 minutes on Congress Street (272 feet west of Hamilton Street). Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. DRC Zoning Text Amendments Mayor Michael Lenz said the Planning Board reviewed the proposed zoning text amendments submitted by the Design Review Commission relating to procedures for the Historic and Architectural Review sections of the Zoning Ordinance and they have issued a favorable advisory opinion. Commissioner Stephen Towne reviewed the proposed amendments. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the City Council meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Terry Lowenthal, Citizens Committee for Implementation of the Charter, said this committee was formed to share their concerns about the implementation of the charter. She submitted a letter to Council members on Page 1 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 their recommendations and asked that Council members contact committee members to discuss the matter. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. MAYOR=S OFFICE Economic Development Revolving Loan B Summerfield Lane (04-155) Mayor Michael Lenz said an application had been received under the Economic Development Revolving Loan Program from Summerfield Lane. Both Richard Ferguson (ATC) and Brian Hanrahan (SEDC) supported this application. Brian Hanrahan said Summerfield Lane is an excellent candidate for this program. Commissioner Stephen Towne asked about the interest rate and terms of the loan. Richard Ferguson said the term is for seven years at six percent. Commissioner Matthew McCabe asked how many retail establishments had applied for this loan. Brian Hanrahan said two (one is pending). Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the loan for Summerfield Lane in the amount of $35,000 at 6 percent for 7 years. Ayes all. Authorization for Mayor to sign 200-4 CDBG contracts (04-156) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the 2004 CDBG contracts as presented. Ayes all. Real Estate Committee (04-157) Matthew Dorsey said the Real Estate Committee discussed selling a parcel of land owned by the City which is located in the Town of Wilton. The Real Estate Committee is recommending that the parcel be sold at public auction. He said that with the appropriate variances, the lot could be buildable, therefore, increasing its value. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize Paul Male, City Engineer, to represent the City before the Town of Wilton Zoning Board of Appeals for a variance to make this lot buildable and then for the City to sell the property to the highest bidder at a public auction. Ayes all. Redspring Communication Empire Zone Resolution (04-158) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded the following resolution: Resolution for Shift of Operation into an Empire Zone WHEREAS, Red Spring Communications, Inc., is a full service custom publishing firm specializing in premium short format health and lifestyle magazines for consumers; and WHEREAS, Red Spring Communications, Inc., began as a two person operation but has grown to its current size of 40 full time staff and such growth has required a movement of the operation to larger quarters; and WHEREAS, space is available at the renovated VanRaalte Knitting Mill (hereafter “The Mill”) on Excelsior Avenue within one of the City’s Empire Zones to accommodate the growth of Red Springs Communications, Inc. NOW , THEREFORE, BE IT HEREBY RESOLVED, that the City of Saratoga Springs consents to the relocation of Red Spring Communications, Inc., to The Mill location on Excelsior Avenue in Saratoga Springs, within one of the City’s Empire Zones. Page 2 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 Ayes all. Director of Planning and Economic Development B Set Salary/Grade Mayor Michael Lenz withdrew this item from discussion. Linell Property Zoning Amendment Petition B 110-112 Spring Street Mayor Michael Lenz said the City has received a petition from Linell Lands for the zoning ordinance text amendment that would create a new Neighborhood Complementary Use District. The petitioner is also requesting a zoning map amendment that would change the classification of three parcels of land near the intersection of Spring Street and Court Street from Urban Residential-4 (single-family, two-family and multi- family residential use) to the new Neighborhood Complementary Use District. The Council needs to decide if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Retiring Visitor Center Volunteer Mayor Michael Lenz announced the retirement of Visitor Center Volunteer Ruth Christoff. He said she had been at the Visitor’s Center for the last 15 years and there would be a celebration in her honor in the near future. Westview Apartments PILOT Agreement (04-159) Matthew Dorsey reviewed the Westview Apartment PILOT Agreement with Council members noting that the amount of money paid to the City will escalate by 2.5 percent each year, the fee base payment had been increased by $500 and a few other minor changes. He said Commissioner Matthew McCabe is now in the position to issue final consent which will allow the redevelopment company to proceed with the project. Commissioner Stephen Towne said a trigger had been included in the agreement that at any given time if the plan was not working as proposed, it could be reviewed. He also noted that if the project does not receive funding it will not happen. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adopt the resolution (Attachment A), as presented, approving the acquisition by Westview Apartments, L.P., of certain real property situated at 125 West Avenue and a tax exemption for such property all in accordance with Article V of the Private Housing Finance Law. Ayes all. Executive Session Mayor Michael Lenz requested an executive session to discuss land acquisition. Donation Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the donation of a life size painted thoroughbred horse statue from Living Resources, contingent upon the Mayor disclosing the dollar value. Ayes all. ACCOUNTS DEPARTMENT Approval of July 22, 2002, workshop meeting minutes Page 3 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the July 22, workshop meeting minutes. Ayes all. Award of Bid B Tire Repair and Service Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for tire repair and service to Adirondack Tire, Inc., per their bid B various prices (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets the Purchasing Guidelines. Ayes all. DRC Zoning Text Amendment Commissioner Stephen Towne said that pursuant to the Council’s request of July 8, the Planning Board reviewed the proposed zoning text amendments submitted by the Design Review Commission relating to procedures for the Historic and Architectural review section of the Zoning Ordinance. The Planning Board discussed the request at their July 28, 2004, meeting and following that discussion, the Planning Board voted 6-0 to issue a “favorable” advisory opinion on the proposed zoning text amendments with the minor clarification in wording in the first sentence of Section 240-7.4 and Section 240-8.4 clarifying the DRC partial approval process as it relates to the mass scale and volume approval process. Therefore, Commissioner Stephen Towne moved and Mayor Michael Lenz seconded for the issuance of negative SEQR determination and for the approval of the ordinance as proposed. Ayes all. Vendor Ordinance Review Commissioner Stephen Towne announced the review of the Vendor Ordinance and asked that Council members identify members of their departments and forward the names to his department by August 27. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: August 6, 2004 -- $352,335.26 and August 13, 2004 -- $373,675.53. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 8/17/04 2AUG04 $332,555.94 2004 mini warrant 8/11/04 MC040811 $ 55,202.25 Ayes all. 2004 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2004 budget amendments previously distributed with the agenda on Monday. Lines 1-4 are to record donations, brochure membership and video sales at the Visitor Center. Lines 5-6 are to record a reimbursement from Saratoga County for overtime incurred during DWI patrols. Lines 7-8 are to record transfers from the debt service fund to the capital fund as per the adopted 2004 capital budget. Lines 9-12 are to record the award of the records management grants (Attachment B). Ayes all. 2004 Budget Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded for the approval Page 4 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 of the 2004 regular budget transfers previously circulated with Monday’s agenda. Lines 1-2 are to cover office supply expenses for proclamations and certificates. Lines 3-6 are to properly budget for other supplies and blacktop. Lines 7-8 are to pay for boring on Lake Avenue and fees to Young Sommer for Saratoga Lake. Lines 9-28 are to properly budget for interest expense on the 2004 bond (Attachment C). Ayes all. 2004 Budget Transfers B Salary Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2004 salary budget transfers previously circulated with Monday’s agenda. Lines 1-4 are to properly budget for the expense of minutes for the various boards while position was vacant. Lines 5- 8 are to properly budget for new title of secretary to Boards. Lines 9-10 is a transfer from police investigator line to repairs and maintenance to cover new carpeting. Lines 11-12 is to cover the cost of additional laborer needed at water treatment plant (Attachment D). Ayes all. Wind Power Purchase Contract Commissioner Matthew McCabe said initially there had been some discussion that the water/utilities department would be interested in purchasing wind power and asked if that was still the case Mayor Michael Lenz said it was left that Marian Trieste would meet with the interested departments and then develop a contract. He said there needs to be discussion by the Council to determine if the City is interested in purchasing wind power. Commissioner Thomas McTygue said his budget is less because the funding for the capital work at the recreation fields ($25,000) went to the general fund rather than to his budget. He said he needed to know the exact amount for the remainder of the year to purchase wind power before making a commitment. It was agreed that Commissioner Matthew McCabe would set up a meeting with Marian Trieste, DPW, Mayors Office and Finance to discuss this matter. Vendors/Recreation Paid Parking Revenue (04-160) Commissioner Matthew McCabe said there needed to be some discussion on where the excess funds being raised through parking and vending would go. He said there would be an excess above the projected loss amount. Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded that the Recreation budget would be fully restored first and then the excess funds would go to the parking solutions fund. Ayes all. Commissioner Stephen Towne asked for specific details on the revenue sources and the amounts received. Sales Tax Commissioner Matthew McCabe reviewed the City’s sales tax for the fiscal year and the sales tax year. He said that for the fiscal year there had been an increase from 2003 to 2004, but for the sales tax year, there was an overall decrease since 2002. Commissioner Matthew McCabe said he was encouraged that the City is up in the fiscal year. He said he believed that the City would continue to collect more sales tax, but it was unlikely that the City would keep up with the old County formula. He said he had been looking for companies doing business in the City and had found some that were incorrectly reporting. He also noted that the County had not collected sales tax in some cases due to incorrect reporting. He said this was a never-ending process in identifying companies but he would continue to look at ways to recoup some of the money. Page 5 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 Audit Report B Update Commissioner Matthew McCabe said the annual financial statement and single audit fieldwork was conducted during the week of July 26-30 by Bollam, Sheedy, Torani and Co. The City has two pending items with the auditors; one to finalize the Management Discussion and Analysis, a lengthy narrative describing the City’s financial position as of 12.31.03, two to provide City street reconstruction actual values as of 12.31.03. Including the street adjustment, the auditors recommended a total of two adjustments and one reclassification entry, all were agreed to by the City. Two adjustments are minimal for any year but especially for the first year of implementation of GASB 34. While in the field, the auditors complemented Christine on the preparation of the financial statements under the new accounting standards. They commented that Deputy Commissioner Christine Gillmett-Brown’s work papers and financial statements were well organized and it was the smoothest audit of all their clients implementing GASB 34. They asked Deputy Commissioner Christine Gillmett-Brown if they could use the City’s December 31, 2003, work papers and statements in a GASB 34 presentation to the New York Conference of Mayors they will make in October. DEPARTMENT OF PUBLIC WORKS Donations Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to accept the donation from the Horsepersons Association and Saratoga Gaming and Raceway in the amount of $15,000 each to be used to offset the shortfall in the Recreation Department budget caused by the withdrawal of the parking lot near Siro’s by NYRA. Ayes all. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation of a painting by Mr. Riggi of North Broadway with a dollar value between $750 and $1,000. Ayes all. Leak Detection B NYLD Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to hire the firm New York Leak Detection, Inc., to survey the City’s water system to detect leaks. The City has used this firm in the past and they have proved very successful in locating various leaks that are otherwise undetectable. The cost to hire the firm to conduct the survey of approximately 150 miles of water main at the rate of $99 per mile is approximately $14,850. He said this would be paid from the water budget. Ayes all. Geyser Crest Well fields Commissioner Thomas McTygue said that Barton & Loguidice expects to complete their review of the Geyser Crest Well fields next week and will then make a formal presentation to the Council during the first meeting in September. The compilation of data will be made available to any perspective contractor. Grant Application for Storm money from FEMA (04-161) Commissioner Thomas McTygue said his department is working with DPS on submitting a grant application for money for storm drainage grant money from FEMA. He said there are areas in the City such as Nelson Avenue, Crescent Street and Maple Avenue that need storm drainage. He said there are easement issues with the Maple Avenue area. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the grant application for storm drainage. Commissioner Stephen Towne asked what was the City’s financial commitment. Commissioner Thomas Page 6 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 McTygue said the City would need to design the project. He said there he was not asking for any City funds. Ayes all. DEPARTMENT OF PUBLIC SAFETY Ordinance, No Standing and Parking (04-162) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to amend Chapter 225 of the City Code entitled Vehicle & Traffic to allow for 15 minute parking as presented. Ayes all. Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to amend Chapter 225 of the City Code entitled Vehicle & Traffic to allow for no standing on Maple Avenue between Grove Street and Excelsior Avenue as presented. Ayes all. Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to amend Chapter 225 of the City Code entitled Vehicle & Traffic to allow for no standing on Excelsior Avenue between Maple Avenue and High Rock Avenue as presented. Ayes all. Overtime Report Deputy Commissioner Erin Dreyer reviewed the Police Department overtime budget as follows: $13,000 transporting prisoners, police escorts $68,000 training $41,000 grant money from the County for various programs $10,000 extra enforcement when there are large events in the City $30,000 arrests accidents, DWI, etc. $13,000 for officers to go to court to defend their reports $16,000 on special events, parades, DARE, Rotary function, the regatta, Hats Off, Special Olympics $6,000 on events at the racino (Country fest) $17,000 on special investigations details out of the drug unit $5,000 for the missing woman a few months ago Commissioner Thomas McTygue suggested that the City recoup some of the money spent on extra enforcement during large events from the sponsor of the event. Commissioner Thomas Curley said that could be done, however, noted that the City’s police detail was in addition to surrounding communities traffic enforcement. Commissioner Thomas McTygue pointed out that sponsors such as SPAC are drawing off of the state budget. He also noted that businesses such as the Racino that are generating a profit from the event. Commissioner Thomas Curley said the overtime budget is an unpredictable area of the budget. He said there are numerous mandatory training events that staff must attend. Mayor Michael Lenz agreed that sponsors should pay when they hold special events. He also suggested that there should be an analysis as to the hourly cost of police personnel versus the hourly cost for an officer including the benefits. Deputy Commissioner Erin Dreyer said they have been tracking that information and that analysis could be done by the end of the year. She said there are areas that could be tightened up. She pointed out that during the summer there is a greater need for police personnel and then the need decreases. SUPERVISORS Page 7 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 17, 2004 Phil Klein said the County received a grant to purchase a new snowblower for the airport in the amount of $219,000. He said the State and the County will both add another $5,700 to cover the purchase amount of $230,000. He also said the County approved IDA financing for the Saratoga Hospital project at $12,771,000. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 8:15 p.m. to discuss land acquisition. Ayes all. Council members returned at 8:25 p.m. Mayor Michael Lenz reported that no action was taken. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 8:25 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 8:25 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 8 of 8