City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 7, 2004 6:45 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 Merlin Development Zoning Amendment Mayor Michael Lenz said this is a public hearing on the petition for Merlin Development Company for a zoning map amendment that would change the classification of about of about 0.5 acres of land at 47 West Harrison Street from Urban Residential-3 to Transect 5- General Urban. The Planning Board, on a vote of 5-0, issued an unfavorable advisory opinion on the proposed map amendment. On file is the required proof of notification to the adjacent property owners. Also on file is a petition from 12 nearby property owners who are opposed to the zoning amendment. Some of the signatures on the petition constitute a formal protest petition that in accord with Section 240-15.3J of the Zoning Ordinance which requires four affirmative votes to pass this amendment. Mayor Michael Lenz opened the public hearing. Holly Gregg, 99 Church Street, said this is a rental and owner occupied building which is her primary residence. This neighborhood now has families with the new families coming in. She said that Bruce Levinsky stated that he wanted to return this structure to its original use. The original use was one family. She said the residents are working hard to make this a neighborhood. She asked the Council to keep this a residential area. George Lega asked who owned the property. He was informed that it was owned by Bruce Levinsky. He said he had lived in this neighborhood for many years and he opposed this change. Patricia Driscoll, 102 VanDam Street, agreed that this is a neighborhood. She said she was concerned with commercial creep. There is already too much traffic in this area. This is safe quiet area for families and she did not want to see more commercial use. Lisa Roberts, 112 Church Street, said she purchased her home 2 years ago and there are more families moving in. She said it is becoming a neighborhood for families and she did not support this request. Michael Gregg, 99 Church Street, said there was some confusion with the legal notice whereby it appeared that it came from the Accounts Department. He said the petition submitted by the applicant had signatures of Page 1 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 renters and not owners. This is a residential area and the residents want to keep it that way. Philip Zenowich, 106 Van Dam Street, said he has lived in the neighborhood for 20 years. He said there are more families moving into this neighborhood and he did not want to see commercial use expanded in this area. George Yasenchak, 49 Trottingham Road & 23 Church Street (business) said there is already commercial use in this area. He said the use of the structure will not change because it is already being used for office space because of a variance. Maryanna O’Donnell, 121 Van Dam Street, said she did not want to see commercial creep. She said there needs to be some residential areas within the City. She said this area deserves the chance to develop into a neighborhood. Holly Gregg, 23 Church Street, said that George Yasenchak has a business that is much closer to the downtown area. He also rents the space and does not own the building. She said that 47 West Harrison Street has office use because of a variance. She said that use exists because of a variance and not a zoning change. Nancy Smith, 82 Church Street, (Saratoga Signatures), said when she moved her business to this area, the neighbors were happy to see the building renovated and occupied. She said Bruce Levinsky did a good job in renovating the building she occupies. She said the use in at 47 West Harrison Street will not change because of this application. Bruce Levinsky, Merlin Development, said he was requesting that this corner have the same uses as the other three corners. He said Church Street is a commercial area and the T-5 designation was a good transitional designation for this area. He said the commercial creep could be stopped after this application. This proposal will not devalue the neighborhood. He pointed out that he had made improvements to this structure. He said the request was really only to allow a change to the remaining 1,000 square feet of the structure and it is a modest change. Patricia Driscoll, 102 VanDam Street said the first floor is not currently being used for residential and said that he can continue to operate this business with the existing variance. Linda Bullard, Thomas Street, said it was obvious that Bruce Levinsky was going to do whatever he wanted, therefore, there was no reason to grant this request. Craig McCauley, 18 West Harrison Street, said parking is already very difficult in this area. He said there are many commercial uses along Church Street and he was sure that they all thought that the commercial creep could stop after their use was approved. He did not support this application. Nancy Kass, 114 VanDam Street, said that residents are investing in their properties and they want to keep this as a residential area. She said the Planning Board gives advice to the Council on effective planning and the Council should listen. She asked the Council to disapprove this request. 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 7:20 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Carrie Woerner, SSPF, said she was concerned about the situation at 69 Phila Street. She said the property Page 2 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 owners are not taking care of the building and the building is in great disrepair. She noted that the addition had been removed and the roof is missing in portions of the home. She said a number of nearby property owners want some enforcement and asked for the Council’s assistance. Pat Izzo, 13 Piping Rock Circle, said in May 2003 the Gilbert Road area zoning was turned over by the courts. She asked the Council when they would address the rezoning of this area to two acre zoning. She said two acre zoning is in keeping with the comprehensive plan. Bob Cleary, 127 Van Dam Street, suggested that the Council consider hydraulic lift barriers to control traffic in the downtown area during certain time period. He said that this is done in Galway, Ireland and said perhaps it could be done here. He said that fines could be used to pay for these barriers. Carol Wells, 65 Phila Street, said she too was concerned with the building on Phila Street. She said it has been a problem for more than 12 years. The property owners continue to miss court dates, ZBA dates and other important deadlines. The roof needs to be repaired. This property impacts the property value of the nearby properties. Commissioner Thomas Curley asked how she would feel about having the structure torn down. Carol Wells said they should not be torn down due to the historic nature of the buildings and they should be repaired. She said the property owners need to come to the City with a plan and the City needs to enforce the code. Commissioner Thomas Curley said he was seeking the cooperation of the property owners. Commissioner Thomas McTygue said there have been opportunities to impose fines and it was time to do so. He said the City should stop waiving fines and dates and take this problem seriously. Bourne Rigano, 64 Phila Street, said this has been an ongoing issue for many years and the residents of this area have spoken with DPS and Code Enforcement. He said the property owners continue to promise to maintain the property and then they do nothing. He said that many properties in this area are on the National Historic Register and the condition of this particular property impacts their property values. He said it appeared to be the goal of the property owner to let the building deteriorate to a place where it must be torn down. Pam Funiciello, 61 Phila Street, said there have been many promises by the property owners but they have not followed through. She said there is value to historic preservation and this building must be maintained. She said that it is imperative that something is done to this building before winter. She asked that Code Enforcement take some action. Cliff Szablewski, 77 Phila Street, said he purchased his home in 1985 as a handyman special and continues to update and restore the property. He said there is 20 years of disrepair to 65 and 69 Phila Street. He agreed they should not be demolished. He said it is clear that the present owners have no intention of working with the City or within the confines of the historic district parameters. He also noted that some of the homes on Lafayette Street are heading in the same direction. He said it is offensive to look at these parcels and the City needs to take some action. Willy Browne, 60 Phila Street, agreed with the previous speakers. He said the buildings are eyesores and the City must take some action. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. ACCOUNTS DEPARTMENT Merlin Development Zoning Amendment Petition (04-163) Commissioner Stephen Towne said that pursuant to the Council’s request of May 5, the Planning Board reviewed the proposed zoning map amendment submitted by the Merlin Development Company to change the classification of approximately 0.2 acres of land at 47 West Harrison Street from Urban Residential-3 (single Page 3 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 and two-family homes) to Transect 5 B General Urban District. The Planning Board discussed the request at their May 19 and June 30 meetings. Following the discussion, the Planning Board voted 5-0 to issue an “unfavorable” advisory opinion on the proposed zoning map amendment. The Planning Board believes that there is no compelling reason to rezone this property and that further encroachment of commercial uses in this residential district should be avoided. As previously noted by Mayor Lenz, on file is a petition from 12 nearby property owners who are opposed to the zoning amendment. Some of the signatures on the petition constitute a formal “protest” petition and in accord with Section 240-15.3J of the Zoning Ordinance it will require four affirmative votes of the Council to pass the amendment. Commissioner Stephen Towne moved and Thomas Curley seconded to issue a negative SEQR determination and to approve the zoning amendment petition for 47 West Harrison Street to rezone the area from Urban Residential-3 to Transect 5 B General Urban District. Commissioner Stephen Towne said he had listened to the neighbors’ concerns but he believed that this was an application that he could support. He said commercial activity already exists on three of the corners. The nature of this business is not high traffic, has on site parking and the amount of actual space within the building (1,000 square feet) that is being changed was modest. He further pointed out that there is already a variance for this parcel. He said the he believes this request was consistent with the zoning in this area. Commissioner Matthew McCabe said he believed the T-5 designation was the appropriate designation for this corner and he would support the application. Commissioner Thomas McTygue said the Planning Board made the right recommendation to the Council and he would not support the motion. Commissioner Thomas Curley said there are a number of mitigating reasons which enable him to support this proposal, such as the fact that three of the corners are already commercial type uses. Mayor Michael Lenz said that there is already multiple use in the building. He said the request is only a slight modification to the area. Therefore, he would support the motion. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion carried. MAYOR=S OFFICE New York Main Street Grant Program (04-164) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the New York Main Street Grant Application. He said this grant would be used for improvements to the Beekman Street art district area. Ayes all. Spa Catholic Centennial Proclamation (04-165) Mayor Michael Lenz read the following proclamation A Proclamation of the City of Saratoga Springs Whereas, ever since the founding of our nation, religious schools have played an important role in American education. Long before public schools became available to all young people, schools were built, staffed and maintained by local congregations and their spiritual leaders and many thousands of Americans received their lessons there, and Page 4 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 Whereas, St. Peters Academy has been part of this Saratoga Springs community since 1862, when its first classes were taught by Sisters of Saint Joseph Carondelet in a small school on Williams Street. The Academy conducted its first graduation exercises 100 years ago, on June 27, 1905, and Whereas, over the last century, the Academy has grown in both enrollment and reputation. It has been located in its present prominent location on Broadway since 1952. Known now as Spa Catholic, it offers a renowned six-year junior and senior high program that prepares its students well for higher education. It may proudly claim that 97 percent of its 2004 graduating class went on to collegiate studies and its dedicated faculty members and administrators justly believe that many more will follow, Now, therefore I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to congratulate the leaders, administrators, and students of Spa Catholic on the 100th anniversary of their first graduating class. May the Class of 2005 and all future classes go on to experience the pride, success and satisfaction of studies well learned and work well done. September 11 Remembrance Ceremony Mayor Michael Lenz announced that there would be a 9/11 Remembrance Ceremony at 6:00 p.m. in Congress Park. Administrator of Office of Planning and Economic Development Mayor Michael Lenz said he was in the process of restructuring this position among Community Development, Planning Board and the Building Departments. He said there would be some significant changes on how these offices are structured and how they will operate. He said the examination for this position would be postponed and he would return to the Council in the next few months with an update. Redspring Communications, Inc. (04-166) 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”) otherwise known as the Saratoga Technology Accelerator at 125 High Rock Avenue, Saratoga Springs, New York, 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 at 125 High Rock Avenue, Saratoga Springs, New York, within one of the City’s Empire Zones. Ayes all. Subcontract with Behan Planning for Archaeological Services Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Council approve the Page 5 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 subcontract with Hartgen Archaeological Associates per the recommendation of Behan Planning to undertake an archaeological review of the Kuchesky property. He said the cost for Phase 1a is $2,510.88, Phase 1b is $4,324.50 for a total of $6,835.38. He noted that open space bond funds would be used for this project. Ayes all. Deferral of Lead Agency to County on County Water Project (04-167) Matthew Dorsey said a letter had been received from the County attorney asking that Saratoga County be the lead agent with regard to their water project. Matthew Dorsey recommended that the Council defer lead agency status, but request that the City be an involved agency. Council members agreed. Commissioner Thomas McTygue said that before a letter was sent to the County deferring lead agency status, his department would like to include some comments/suggestions in the letter. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Mayor is authorized to send a letter to the County deferring lead agency status and request that the City be an involved agency. Ayes all. Flags on Broadway Mayor Michael Lenz opened this topic up for comments. Commissioner Matthew McCabe said he would like to see the Council work together on what was appropriate to hang along Broadway. He said there should be some discussion on what gets hung and when it gets hung. Commissioner Stephen Towne and Thomas Curley agreed. Commissioner Stephen Towne said there needs to be some consistency and some involvement by the Council. Commissioner Thomas McTygue said he started this program nine years ago. He said the focus has been on polo events, NYRA and racing. He said he has not received any complaints in his office about the flags. He believed the two editorials in The Saratogian were because The Saratogian was not happy with the distribution of The Times Union at the race track compliments of the Saratoga Raceway. He pointed out that there are no regulations on the newspaper boxes around the City and perhaps the Council should look at that issue. He pointed out that the harness track has been of great assistance to the City by allowing the City to use their land for snow dumping and soccer fields. Commissioner Stephen Towne said that he believed that the issue was that the Council should know what was going up and when it would go up. Commissioner Thomas McTygue said it would take him hours to inform the Council of everything that his department does. Mayor Michael Lenz suggested that this topic be kept open for further discussion. Haynes Property Easement (04-168) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to approve the request for an easement at 152 Grand Avenue (Haynes property) for a 5.2 foot easement due to their porch and to authorize the Mayor to sign all related documents. He said there is no impact on any City infrastructure. Ayes all. Land Acquisition Mayor Michael Lenz reported that there was an executive session before this meeting but no action was taken. Page 6 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 He said that the executive session will be continued at the end of this meeting. ACCOUNTS DEPARTMENT Approve of August 3 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the August 3 City Council meeting minutes. Ayes all. Approve of August 11 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the August 11 City Council meeting minutes. Ayes all. Approve of August 17 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the August 17 City Council meeting minutes. Ayes all. Donation Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to accept the donation from Barbara & Lisa Rossi of Latham New York in the amount of $200 and those funds are to be used to cover the shortfall in the Recreation Department budget. Ayes all. Vendor Ordinance Review Withdrawn. Merlin Development Zoning Amendment Petition Previously discussed. Risk Management Quarterly Report Marilyn Rivers said that boiler & machinery inspections would take place on September 9 and the Defensive Driver Training Program would take place on September 20. She said the initial employees to take the defensive driver course would be from DPW. She said the City will achieve a credit from NYMIR for this training. October is Fire Prevention Month and the Safety Committee would assist the Fire Department in its activities. Marilyn Rivers said that all departments contributed to the contract administration protocol to be presented later this evening and there was consensus among the departments on this protocol. She said that she continues to work on the loss prevention surveys and the various impacted departments. She also reminded everyone that if a department is giving an item to DPW for the auction, the item needed to be removed from the fixed asset list. Contract Administration Protocol (04-169) Page 7 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the Contract Administration Protocol as presented and discussed. Ayes all. Joint Restoration Grants & Funding Initiative Commissioner Stephen Towne said the Accounts Department will work with Carrie Woerner, Saratoga Springs Preservation Foundation, on writing some grants for structural issues identified by Risk Management. Carrie Woerner said she was excited about assisting the City in identifying grant money that could help to defray the cost of rehabilitating and maintaining City owned buildings. She said the City is eligible to apply for many types of grants such as architectural, engineering or capital improvements. Lodging Establishments and Eating & Drinking Establishments Commissioner Stephen Towne requested a public hearing be set for Tuesday, September 21 at 6:45 p.m. on the lodging Establishments and Eating & Drinking Establishments. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: August 20, 2004 -- $351,199.14, August 27, 2004 B $358,026.00 and September 3, 2004 B $335,760.45. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 9/7/4 1SEP04 $344,085.92 2004 mini warrant 8/25/04 MC040825 $193,313.09 2004 mini warrant 8/26/04 MC082604 $ 34,560.00 2004 mini warrant 9/1/04 MC040901 $189,043.74 Ayes all. Temporary Part Time Senior Clerk (04-170) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the new temporary senior clerk to begin work on September 9 for a period of three months at a starting salary of $15.86/hour. He said he has Civil Service approval for this position. Ayes all. DEPARTMENT OF PUBLIC WORKS Permission to Adjust Water Bill Commissioner Thomas McTygue said that due to a busted water pipe at 15 Roberts Lane at the home of Jorge Chavez the water and sewer bill amounted to $3,683.78 with additional penalties of $703.67. He said there was a letter from the insurance company stating that they did not cover the cost of this bill. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to waive the penalties and to reduce the water and sewer bill by half leaving a total of $1,841.89 to be paid by the homeowner. Ayes all. The Hub RFP Page 8 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 Commissioner Thomas McTygue said that he had previously circulated to the Council a draft copy of the Church Street parking deck request for proposal for the design and construction of the parking deck. The RFP was released by the Accounts Department on September 3 with a return date of October 14. He said that adequate design and construction time frames have been outlined that will allow coordination of activity with the Adirondack Trust Company plans for construction. City Auction Commissioner Thomas McTygue said the annual City auction would be held on Saturday, September 25 at 9:00 a.m. at the City garage. He asked that departments forward items to be included to the garage. He said that items could be viewed the day before from 10:00 a.m. to 2:00 p.m. or at 8:00 a.m. on Saturday, September 25 at the City garage. Mrs. Spencer’s Letter to the Editor Commissioner Thomas McTygue said there was recently a letter to the editor from Mrs. Spencer in which she stated that there was an overcharge on the sewer portion of her utility bill. He said that would be rectified. He noted though that through considerable research his department found that there were two illegal water taps on that property and they had been there for 10 to 15 years. Fall Paving Program Commissioner Thomas McTygue announced the following paving schedule: September 13 Ash Street and St. Rose Court; September 14, Glenwood Drive and September 15 Ferndell Spring Drive. Summer Parking Fees Commissioner Thomas McTygue said the City raised considerable funds under the parking program this year. He said they received nearly $14,000 parking at the City garage, approximately $2,400 from the parking lot at the Phila Street and approximately $12,700 from the Jackson/Wright Streets program. Linda Terricola thanked all departments for their assistance in her time of need. Linda Terricola said the City will also receive a $2 donation from the Water Works car wash for each car washed. Mayor Michael Lenz said it was good to see the departments work together to resolve the issue of the lost revenue. Commissioner Matthew McCabe said once the numbers were totaled, the amount would far exceed the $30,000 lost revenue. He said that once the Recreation Department’s obligations had been fulfilled the remainder would be dedicated to the parking solution fund. He said he would have more detailed figures at the next meeting. He also noted that perhaps there should be some thought given to installing “free parking signage”. Linda Terricola noted that when parking in other communities, generally there is a fee. Fall Carousel hours Commissioner Thomas McTygue said that since the children have gone back to school the carousel will be open on Fridays from 4:00 p.m. to dark and on Saturdays and Sundays from 11:00 a.m. to dark. He said he was also pleased to announce that so far this year there has been 71,658 riders. He said the carousel will also be open during the submarine convention. Wind Power Contract (04-171) Page 9 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded for the approval for the Council to enter into an agreement and for the Mayor to sign the related documents with Community Energy for wind power purchase in the amount of $43,750 for the 2005 budget. He said this is a five year commitment. Marian Trieste said the City will be part of a 24 member municipality group which purchases wind power. She said being part of the group and doing a five year commitment reduces the price. She said the City is also the first City in New York to purchase Wind Power. Commissioner Matthew McCabe said that we may be spending a little more at this time, however, the City will reap the benefits through reduced health issue, i.e., asthma and other air related illnesses. Matthew Dorsey, City Attorney, reviewed a few minor changes to the contract. It was agreed by the Council that the City would be billed monthly. Ayes all. DEPARTMENT OF PUBLIC SAFETY NYS Department of Motor Vehicle Emission Testing Agreement (04-172) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the Vehicle Testing Emissions Agreement with DMV. Commissioner Thomas McTygue noted that rather than setting up two stations in the City (DPW and DPS) DPS would take the lead and his truck emission inspections would be coordinated through DPS. Ayes all. Fine Distribution for Traffic Tickets Written Commissioner Thomas Curley said there had been quite a bit of publicity recently on the state’s proposal to take a larger portion of the fines secured by the City. He said it is difficult at this time to determine how much money the City may lose, because tickets are pled down from higher offenses. He said the City will be allowed to add a surcharge though. He said it is something that needs to be tracked and reviewed again at a later date. He said he would come back to the Council with additional information. Executive Session Commissioner Thomas Curley reported that the Council met before the regular meeting in executive session to discuss a personnel matter and no action was taken. SUPERVISORS Nothing at this time. PUBLIC COMMENT PERIOD Mayor Michael Lenz reopened the public comment period. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. Page 10 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 7, 2004 EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:10 p.m. Ayes all. Council members returned at 9:25 p.m. and reported that no action had been taken. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:25 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:25 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 11 of 11