City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, NOVEMBER 16, 2004 6:35 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: Pat Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Debbie Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor Lynn Bochner, Finance PUBLIC HEARINGS Water & Sewer Ordinance Mayor Michael Lenz opened the public hearing on the Water and Sewer Ordinance. Nancy Goldberg said this was not a small change. There is a City Charter which is very specific on matters such as this. The Council is trying to change the charter. Jane Weihe, 44 White Street, said this was an absurd change. She said Commissioner Stephen Towne should recuse himself on the Roohan swimming pool matter because there is an appearance of impropriety. She thanked Commissioner Thomas McTygue for his stewardship of the City’s water supply. Cheryl Keyrouse, 13 Wampum Drive, said there should be a building moratorium until the water issue is resolved. Peter Looker, Jefferson Street, said there is no pressing need to change this ordinance. Water rates should be more aggressive. The County water alternative is not economically viable. Dave Bronner, 5 Royal Henley Court, said DPW is holding developers and the Council hostage by not signing the water connection permits. The failure to sign the permits may be in violation of the charter. There are two prerequisites for signing permits and they have been met. There is no water crisis. If there is a drought, then restrictions could be imposed. John Witt, developer, applauded Commissioner Thomas McTygue for putting the water issue on the table. The County has fallen short in their proposal. Commissioner Thomas McTygue’s proposal is only for the permit to allow the City to tap into Saratoga Lake. Peter Tulin, 6 Gatewood Drive, said the Council should not let personalities or personal disputes get in the way of issues as important as water and the charter. He used the NYRA parking lot as an example of a knee jerk reaction by the Council to allow vendors along East Avenue and Frank Sullivan Place. The taxpayers of this community need to be protected. The Council is simply mincing words at this point. No one is proposing to take authority away from Commissioner Thomas McTygue. The Council needs to work together. The Council needs to think carefully before proposing modifications to the charter and code. Page 1 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Lila Doyle, Route 9P, said the water connections are being held hostage because of the alternative water source issue. Action needs to be taken. Commissioner Thomas McTygue is holding the entire City hostage. Peter Belmonte, 52 Regatta View Drive, said he understood the urgency, but as a business owner all options must be considered. The City has spent considerable money on the Saratoga Lake option. He would like to see as many people as possible satisfied. The County has not brought a solution to the table, therefore, the City is compelled to do so. Saratoga Lake is a wise alternative. Sonny Bonacio, developer, said the City needs to work with the state and apply for the permit to draw from the lake. That option may not be available in six months or a year. He recommended that the City move forward on this issue. Barbara Triphalik said Commissioner Thomas McTygue is not holding anyone hostage. There are three Council members who have held the entire water source issue hostage for quite some time now. It has been held up intentionally so that the residents would not know the facts. There will be no negative impacts to the recreational use of the lake. Marilyn Cook, 1168 Route 9P, said she has followed this issue for quite some time. Many prefer the upper Hudson alternative. As a lake resident, she would prefer the upper Hudson option. Commissioner Thomas McTygue said that a statement had been made about not signing a few permits. Permits are not signed on a daily basis. He said people are purchasing small homes and building mansions which then require fire suppression systems. His department is not holding anyone hostage. Every question and concern about the water source project has been answered. There was an article in the newspaper about the City not reaching out to surrounding communities. The City held a scoping session where all surrounding communities were invited and not one of them came. The people here this evening concerned about using the lake are not City residents. The City will pay for this not the surrounding towns. Commissioner Stephen Towne needs to recuse himself from the water connection fee matter. Commissioner Thomas McTygue said he would look at water connection permits on a case by case basis. There are already 610 approved units that could be constructed tomorrow with hundreds more in the pipeline. One day this needs to stop. He needed to get the Council’s attention. The public hearing/information sessions on the alternative water source have been held open longer than any other municipality. He is interested in working with the City’s neighbors. He is not a bully. DPW has done all of the research through the engineering firm and the law firm. There are major concerns and cost factors with the upper Hudson. Tom Roohan is not really concerned with his little swimming pool but rather the larger building of 150,000 square feet that he plans to construct on Weibel Avenue. Dave Bronner has no idea what it was like in this City in the 1960s when there was a drought and water had to be pumped into the reservoir. There are hundreds more homes and hotels today than there were in the 1960s. The process should remain with DPW. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Tow Truck Ordinance Commissioner Thomas Curley said this was a public hearing on the tow truck ordinance. He said there have been some modifications to the ordinance in the fees and the criteria for selecting the towing service. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Caroline & Henry Streets Parking Lot Ordinance Commissioner Thomas Curley said this is a public hearing on the parking lot at Caroline & Henry Streets. This change will accommodate DPW’s request for maintenance of the lot. Page 2 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Mayor Michael Lenz opened the public hearing on the parking lot ordinance. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Henry Street Comprehensive Plan Amendment Mayor Michael Lenz said this is a public hearing on a proposed Comprehensive Plan amendment that would change the designation of the Henry Street area from High Density Residential-2 to Special Development Area. This amendment is related to the Henry Street rezoning proposal and that public hearing will follow this one. Mayor Michael Lenz opened the public hearing. Ann Diggery, 173 Circular Street, said it would be helpful if neighbors were notified earlier in the process. She said there are really two issues - the comprehensive plan and the zoning designation. She said Spring Valley Apartments has also made an application for a modification to their zoning. That application and this one should be discussed together. Henry Street is substandard and McTygue Alley is very narrow. She urged the Council to keep the Henry Street location zoned as UR-4 in order to maintain the residential character. The petitioners have also stated that the logical use is for multi-family. The T-5 is a mixed use designation which includes commercial use. She asked for lower building heights and less commercial use in this area. Larry Benton, 61 Fifth Avenue, said that tonight’s meeting should have been held at the City Center. He said it was terrible that the Council did not accommodate the needs of the residents by using a larger space. He said he was concerned with the T-5 designation in this area. He noted that one of the lots actually runs right up to Circular Street and technically that could allow a parking garage on Circular Street. The transect zoning districts are confusing. There is also a proposal for a hotel on the Parillo lot and he was concerned that this entire area could become one big paved parking area. He asked that the Council look at other options. Transect districts include Weibel Avenue, Excelsior Avenue, Washington Street and West Avenue. Henry Street is very different from those streets. There needs to be SEQR review because there will be an impact to the neighborhood. He asked that the Council not approve this request this evening. Nancy Goldberg said she objected to the Council chipping away at the Comprehensive Plan. The transect districts are very difficult. Congress Park Plaza recently had 415,000 square feet approved and that space should be filled first. There should not be unrestricted zoning in small areas of the City. Development needs to be planned. Do not change the master plan. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Henry Street Zoning Map Amendment Mayor Michael Lenz opened the public hearing on the Henry Street Zoning Map Amendment. Larry Benton, 61 Fifth Avenue, said all of the previous comments made under the Henry Street Comprehensive Plan modification applied to the zoning map amendment as well. He asked that the Council table this application this evening. 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 7:50 p.m. MAYOR=S OFFICE Page 3 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Veterans Day Proclamation (04-211) Mayor Michael Lenz welcomed veterans from the local veterans’ organizations and read the following proclamation into the record: Whereas, the history of our nation has been written in large part by the many thousands of courageous Americans who have left civilian life to take up arms and provide for our defense. They have come from every kind of background and from every demographic group. Some have made military service their life's work. Others returned home when their job was done. Together, more than any group in history, they have provided for the survival of freedom and of free people, and Whereas, in these difficult times when we again see our relatives, friends and neighbors traveling to military service in foreign lands, may we remain very mindful of their struggles and sacrifices, and those of their families, Now, therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, join with my fellow Saratogians on Veterans Day, and every day, to honor the strength, courage and commitment of our veterans and active personnel, to extend to them our boundless thanks and to wish them safe return. The veterans thanked Mayor Michael Lenz and Council members for this proclamation. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period noting that participants had two minutes each with a maximum of 30 minutes at the beginning of the meeting and 15 minutes at the end of the meeting. Ed Dweck, Chair, Saratoga Lake Improvement District, read from a letter from DOH that stated that drawing from near the Sherman Island Dam in the upper Hudson there no pcbs were detected. There were also no pcbs detected in the sampling of raw water. SLIPD has conducted tests on eight different occasions near at the mouth of the Kaydeross and they have found chloroform and ecoli bacteria. Lee Nelson, Underwood Drive, asked for clarification on the budget. She asked if there was funding for the Administrator for Economic Planning and Development. She then asked if additional duties were added to the Administrator of Parks, Lands & Historic Preservation position. Chris Millis, 2 Marion Avenue, said this is a good opportunity for the City to obtain the necessary permits from the state for the water source. DPW, DEC, DOH, The Saratogian, Post Start, Daily Gazette and Barton & Loguidice all agree that drawing from the lake was a good plan and in fact the County thought it was a good plan in 1990. Commissioner Thomas McTygue has been reelected 14 times and he knows what he is talking about when it comes to water. The surrounding municipalities are motivated by self interest. The Council is being asked to acknowledge the $750,000 spent on this matter and as well as the last four years spent on this project. This is a reasonable request. It is only a permit to allow the process to continue and it costs nothing. The Council should approve this request because it is a prudent step for the community. Dave Bronner, 5 Royal Henley Court, thanked the Council for recognizing the veterans. He said he presented the Council with two letters from DEC and DOH stating that there is no pcb contamination in the area of the Hudson that the county plans to draw from. If pcbs were found, they could be filtered. He said the City needs to stop talking about the pcb issue. Joan Winchell, Cliffside Drive, said she opposed a 27 percent tax increase. It would be a burden to the residents. The Council needs to exercise fiscal responsibility. She opposed the use of the lake. Page 4 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Kay Stanford, 96 Riley Cove Road, said the Council needs to be a good neighbor. As long as there is an alternative to the lake, the City should consider it. The City should go with the lake only as a last resort. The City should consider being a good neighbor and consider the County plan. Cheryl Keyrouse, 13 Wampum Drive, co-chair for Saratogians for Responsible Water Sources, said they were concerned about pcbs and sprawl. The County plan will create sprawl. There should be some discussion on conservation. Price is also a factor. The City’s history with the County on the sewer bill has not been favorable for the City and the water could turn out the same way. She urged the Council to approve the permitting process for the lake. She also suggested that the Council consider holding a town meeting once in a while. Jeannette Bruno, East Cove Road, said DOH has written several letters about the pcb issue and they continue to monitor that issue. She has concerns with the recreational use of the lake if used as the water source. There will be limited recreational use within 1/4 mile of the intake which would impact the Waters Edge beach. There needs to be a watershed management protection program implemented and that program must include monitoring, stream inventory, pollutant detection, buffers, etc., all of which comes at a considerable cost. Those are hidden costs that DPW has not addressed. The 1990 study eluded that the lake was a viable option for the County. Purchasing water from the County would be much cheaper. Kyle York, 59 Railroad Place, said he worked for 3M for many years and is very familiar with pcb issues. He said what Commissioner Thomas McTygue is proposing is to simply keep the lake option open. William Connolly, 28, 36 & 37 Stockholm Road & 260 Lake Avenue, said there is a lot of misinformation and confusion. Saratoga Lake has a nuclear power plant attached to it whereby they use 500,000 gallons of water per day which is then cleaned and dumped back into the lake. A watershed management plan will cost about one million dollars. There will also be litigation costs. Mike Ingersoll, 5 George Street, said he was here this evening to present the Council and DPW with an award that he received from the American Society of Architects for the carousel. He reminded Council members that there was a lot of controversy on the project, however, the City came together and the project was completed. Teresa Capazolla, 57 Gilbert Road, said meetings are required to be open to the public and said that the public is not able to get into this room. She said it was a shame that the Council is failing to uphold their May 2003 vote to be consistent with the comprehensive plan. City law requires that zoning match the comprehensive plan. The Council should have immediately voted to return the zoning to RR1 after the court decision. How does this one developer control the Council? Who is the Council representing? Does the Council care about traffic, infrastructure, school redistricting, loss of the City in the Country atmosphere? The community relied on the Council during the campaign on their promises on this issue. How can the Council let the carrot of affordable housing change the zoning laws? How can the Council expect the citizens to participate if they are continually ignored? Many of the residents went to all of the meetings and it was all for nothing. They believe that their presence is not felt. She would like verification that the Council members all received the emails and read them. She asked that they be made part of the record. The area should be zoned as RR1. Nothing has changed since May 2003 except for an election. John Krause, 227 Grand Avenue, said he was compelled to speak out again on the budget. The tax rate has been revised from $5.35 to $5.21, however, $4.80 would be more reasonable. He said that $5.21 is not reasonable. He said it would be inappropriate to vote on this budget this evening because the public has not had ample opportunity to review it. The budget should be adopted at the next meeting. Peter Variety, President, Saratoga Lake Association, said the watershed management plan comes at a high cost. The proximity of Route 50 to Loughberry Lake is the same as the proximity of Route 9P and I-87 to Saratoga lake. DOH has stated several times that there are no pcbs in the upper Hudson. The Saratoga Lake Community is significant and they will litigate this matter. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. Page 5 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 DEPARTMENT OF PUBLIC SAFETY Victorian Streetwalk Commissioner Thomas Curley said there has been some aggressive thinking on the Victorian Streetwalk and this year they have put together a plan to close Broadway during the event. He said his traffic department has developed a detailed street closing and rerouting plan. Broadway will be closed from Washington Street to Van Dam Street. All northbound traffic will be detoured north onto Circular Street and all southbound will be detoured to Van Dam/Church Streets and West Avenue. Signs will be posted and NYSDOT will provide the City with the variable message boards. There is no reason to avoid the City on this evening but he wanted everyone to know that there will be detours. Remote parking will be available. They have worked with the DBA and the local business. There will be no parking on Broadway during the event so cars not moved by the appointed hour will be towed. Ads will be placed in the local newspapers on this subject. Commissioner Thomas McTygue said no one approached his department on this matter and then asked who would pay the necessary expenses. Commissioner Thomas Curley said the DBA is hosting a fundraiser to pay the costs. He said he anticipated the night going well. MAYOR=S OFFICE Victorian Streetwalk Previously discussed. Veteran’s Day Proclamation Previously discussed. Henry Street Comprehensive Plan Amendment Commissioner Thomas McTygue recused himself as he is one of the applicants. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded for the issuance of a negative SEQR declaration and for the adoption of the proposed Comprehensive Plan amendment that would change the designation of the Henry Street area from High Density Residential-2 to Special Development Area. Commissioner Stephen Towne said there were three individuals who spoke on this matter expressing their concerns. He suggested that Council members and the public be given more time to review the issue and that a vote on the Comprehensive Plan and the Zoning Amendment be postponed. Commissioner Matthew McCabe agreed further noting that perhaps this should be reviewed in conjunction with the Spring Valley project. Mayor Michael Lenz and Commissioner McCabe agreed to withdraw the motion. Commissioner Thomas McTygue resumed his seat on the Council. Standard Construction Details for the Planning Board Mayor Michael Lenz removed this item from the agenda. Page 6 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Water and Sewer Ordinance Amendment Mayor Michael Lenz said he would bring this back to the Council at a later date due to legal matters. Subordination Agreement Brad Birge said this is a request for a subordination agreement for Victor Gonzalez at 9 Orenda Springs Drive. The homeowner plans to refinance and the City would maintain its second position on the loan. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the subordination agreement for Victor Gonzalez at 9 Orenda Springs Drive. Ayes all. Water Source - Public Hearing Mayor Michael Lenz requested that a public hearing be set for December 14 at 7:00 p.m. at the City Center on the alternative water source matter. Commissioner Thomas McTygue said it was simply time to make a decision. He said everyone is just saying the same thing over and over. There are no issues with Kesserling contaminates in the lake. According to the EPA reports there are no pcbs. He said if the Mayor feels another public hearing is necessary then why not call one on the Lake Avenue/Gilbert Road issue as well. He said this public hearing should be for residents of the City and not for residents of other municipalities. They don’t have anything invested in this. Hub Lot Resolution (04-212) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded the following resolution: WHEREAS, on April 6, 2004, the City of Saratoga Springs authorized Mayor Michael A. Lenz to sign a contract with the Adirondack Trust Company for the sale of part of the City’s property located at the corner of Church Street and Woodlawn Avenue in the City of Saratoga Springs for the sum of SIX HUNDRED AND FIVE THOUSAND DOLLARS ($605,000.00), and WHEREAS, pursuant to the authority of the City Council, the City Attorney did draft a contract for purchase and sale of the aforesaid parcel which was reviewed and approved by the attorneys for the Adirondack Trust Company; and WHEREAS, said contract for sale and purchase of real estate was signed by the President of the Adirondack Trust Company on July 23, 2004, and Mayor Michael A. Lenz of the City of Saratoga Springs on July 29, 2004, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs does hereby approve the sale and closing of title of a portion of the parcel of land the City owns at the corner of Woodlawn Avenue and Church Street, pursuant to the terms of the contract for purchase and sale of real estate signed by the President of the Adirondack Trust Company on July 23, 2004, and Mayor Michael A. Lenz of the City of Saratoga Springs on July 29, 2004. Ayes all. Kuchesky Title Insurance (04-213) Matthew Dorsey said the City needs to hire a title company to do the necessary paperwork on the Kuchesky property. He said three quotes were received and he recommended that Sneeringer Monahan Provost Redgrave be hired at $4,094. The funds to come from the bond. Page 7 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the firm of Sneeringer Monahan Provost Redgrave be engaged to perform the necessary title search and title insurance on the Kuchesky parcel in an amount of $4,094 noting that it will be paid from the bond fund. Ayes all. Real Estate Committee Mayor Michael Lenz removed this item from his agenda. ACCOUNTS DEPARTMENT Approval of October 27 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the October 27, meeting minutes, noting that on page 3, last paragraph under “Other” it should read: “Commissioner Thomas McTygue asked that the Council address revenues at the next meeting.” and not “Commissioner Thomas Curley”. Ayes all. Approval of November 1 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the November 1 meeting minutes, noting on page 9, fifth paragraph, it reads, “Commissioner Stephen Towne said the Assessment Department is going through a reorganization.” The sentence should read: “Commissioner Stephen Towne said the Assessment Department is going through a reorganization with the retirement of Joe and Elaine.” Ayes all. Approval of November 8 meeting minutes Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the November 8 meeting minutes, noting that on page 6, first paragraph, third line, the sentence should read, “He (Commissioner Stephen Towne) said the sales tax revenue line has been optimistic, which is one of the few that have been. However, most revenue lines have been conservative.” Ayes all. Approval of November 10 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the November 10 meeting minutes noting that on page one, it should read: “Wednesday” and not “Monday”. Ayes all. Inventory Project (04-214) Commissioner Stephen Towne said this request is for $6,190 to conduct an inventory and planning project in the Saratoga Springs Fire Department. The money would be used for the purchase and installation of shelving and accessories, a fire-rated door and a part time inventory clerk to organize department records. This is a non-matching grant which is due by December 1. We expect to hear the results in late June 2005. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the application to the State Archives and Records Administration Local Government Record Management Improvement Fund. Ayes all. Government Grant (04-215) Page 8 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Commissioner Stephen Towne said this request is for a project to enable the improvement of the City’s e- government capabilities. The project includes a general redesign of the City’s Website and the creation of infrastructure that would allow for the acceptance of parking ticket payments through a web based interface. A vendor selected through the City’s bid process will perform the services. This infrastructure will serve as the technological basis to allow the acceptance of other types of payments in the future as well as enabling the City to establish a flexible framework for creating other internet based community services in the future. We are still in the process of receiving quotes for the various services and equipment for this project, so we estimate that the amount of the application to be between $60,000 and $65,000. This is a non-matching, competitive grant program and we expect to hear the results of each of the applications in late June of 2005. Commissioner Matthew McCabe said this was a good grant to go after and would help to streamline some of the City’s processes. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the application to the State Archives and Records Administration Local Government Record Management Improvement Fund. Ayes all. Window Washing Commissioner Stephen Towne thanked DPW in particular Deputy Commissioner Pat Design and Joanne Carlow in their efforts in getting the windows washed at City Hall. Gilbert Road/Lake Avenue Zoning Amendment Commissioner Stephen Towne said that pursuant to the Council’s request of October 15, the Planning Board reviewed the proposed zoning map amendment to change the classification of approximately 80 acres of land near the intersection of Lake Avenue and Gilbert Road from Southern Weibel Avenue District (SWAD) to Rural Residential-1( RR-1). The Planning Board discussed the request at their November 3 meeting. Following the discussion, the Planning Board voted 7-0 to issue an unfavorable advisory opinion on the proposed zoning map amendment. The Board believes that the SWAD should be treated in its entirety. In order to be in compliance with the policies of the existing Comprehensive Plan, the Board believes that all of the 124 acres (not just the proposed 80 acres) within the existing SWAD should be rezoned to RR-1. The Planning Board also notes that the proposed rezoning needs to be accompanied by a detailed environmental analysis pursuant to SEQR. Such analysis was not part of the materials submitted to the Planning Board for this advisory opinion. If the Council wishes to keep the SWAD designation, an amendment to the comprehensive plan (with the appropriate SEQR analysis) would be required. Commissioner Stephen Towne then said that he planned to proceed with the zoning map amendment as originally drafted and to set a public hearing date of December 21, at 6:30. He will forward the proposed zoning amendment to the Saratoga County Planning Board for the required advisory opinion. Commissioner Matthew McCabe asked for clarification on exactly the Planning Board reviewed. Geoff Bornemann said it was six parcels at approximately 80 acres. Commissioner Stephen Towne said he is proposing to forward the 80 acres to the County Planning Board for review. He said it is the same proposal that the City Planning Board reviewed. It was clarified that the City Planning Board’s advisory opinion would be included in the packet of material forwarded to the County Planning Board. Geoff Bornemann said that the County Planning Board will do its own research on the project. Commissioner Thomas Curley asked why it was necessary to send this to the County Planning Board. Geoff Bornemann said the parcel is within 500 feet of a state or county highway. Henry Street Zoning Amendment Page 9 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Commissioner Stephen Towne withdrew this item from the agenda. FINANCE OFFICE 2005 Budget (04-216) Commissioner Matthew McCabe said he is charged with bringing forth a reasonable budget and ensuring that there are enough funds. He does not want to overburden the taxpayers. Included in this budget are many of the items that departments requested, such as the recreation facility, recreation program, parking deck, media center project, new positions, and appropriate funds for police and code enforcement firefighters. About the only lines going up are contractual benefits and utilities. Commissioner Matthew McCabe said the revaluation does not bring in new revenue to the City, it simply rearranges the tax burden. The City is now at 100 percent. He said Commissioner Stephen Towne presented numbers recently showing the taxes at 27 percent. The taxes are not 27 percent. He said that Commissioner Towne used last year’s numbers stating that the tax rate would be about $4.20 this year. However, we don’t have last year’s expenses. There are increases in utilities, health insurance, liability insurance and charter related issues. There are no longer surplus or contingency funds. The expenses have outgrown therevenues. Next year there will be a payment of $2 million for the retirement system. There have been several meetings and workshops on the budget and until the last meeting no one came forward with any cuts. There would need to be $1 million cuts. The Council needs to stop grandstanding. He asked Council members to review their line items that appear to be underspent. It would be irresponsible to increase revenues to balance the budget. He will continue to look for revenues but the rate of escalation needs to be addressed. He is budgeting for the future of his term and of the City. Past practices have gotten the City where it is today by not properly funding the contingency fund, new services, charter mandates, contractual obligations, health insurance, etc. Commissioner Matthew McCabe said the tax rate has been brought down to $5.21. Taxes just do not go down. He reviewed estimated revenues for the sales tax noting that in 2002, $8.1 million was estimated and $7.2 million was collected. In 2003, $8.3 million was estimated and $6.95 was collected. The City is now paying for those deficits. Revenues should be conservative and attainable. Commissioner Matthew McCabe said he believed that his estimates were conservative, realistic and attainable and they will help offset more drastic increases down. However, if this budget is tabled, or voted down, he would take it as a vote of confidence from Council members that they finally heard what he had been saying for six weeks - save the City a million dollars. To that end, if the budget is not passed tonight, he expected on his desk by Thursday at noon, the following cuts from all City departments from Public Safety of $400,641, DPW $202,271, Finance $47,806, Mayor $52,363, Accounts, $31,652 and Recreation $45,262. If he did not receive the cuts by Thursday, he would make them arbitrarily. After some discussion on whether to vote on the capital budget and the preliminary budget separately or together, Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve both the capital budget and the preliminary budget as presented. Commissioner Stephen Towne said he was disappointed. This is a difficult situation which shows that the Council needs to operate differently. He went through a detailed analysis and there is no confusion on his view of the budget. The tax rate of $4.20 is of no consequence because we don’t have last years numbers it was simply a calculation of last years tax rate put into what it would have been this year. The City has significant expenses. The services are meeting the basic level of expectations. What his figures showed was an alternative for the Council to consider going from 27 percent to 18 percent, which is still no small increase. There are charter driven expenses at $1 million, the loss of $1.5 million surplus. There will be a payment in Page 10 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 the following year of $2.1 million to the NYS retirement system. He cannot evaluate the other department’s budgets to determine if their level of funding is appropriate. Commissioner Stephen Towne said he believed the bulk of the problem was with revenues. The City is paying the price for the sales tax revenue matter. He said the newspaper is reporting that the City is ahead by $1 million in the sales tax revenue, but there is only a $150,000 increase showing in the budget. He does not disagree with a conservative approach with revenues but it should be similarly balanced with expenses. Approximately 41 percent of the budget is funded through property taxes when last year it was at 33 percent. The City lost its surplus, but the source of the problem is the revenue. The budget is at a level that he will not support. It is more than it should be. The percentage decrease went from 27 percent to 24 percent. Commissioner Matthew McCabe said that no matter what happens tonight, the message will be the same next year. He reminded everyone that the retirement system payment will need to be added next year. Past practice has gotten the City where it is today. He said he did not want to increase the revenue and then come back next year with a shortfall due to those high projections. If the budget is voted down, it will be a vote of confidence for him. The City will not straighten out the financial matters on this one vote, this is a strategy. Commissioner Stephen Towne said the material distributed by Commissioner Matthew McCabe showed at what levels taxes would increase for the average homeowner. While that was a useful analysis, when there is a 70 percent overall assessment increase, there are not a lot of homes at the lower level, therefore, most will have a substantial increase. Generally speaking, all of the parcels within the City saw an increase in their assessed value. This is an attractive community. Commissioner Stephen Towne asked how does the City get only $150,000 ahead with an increase of $1 million. He said the City is doing better with the sales tax, but we need to look at generating other sources of revenue. There needs to be some long range planning. If the Council could get to $4.95 that would be good, but it will be difficult for DPS and DPW. Commissioner Matthew McCabe said that being $1 million ahead in sales tax does not mean that the City is ahead of the estimates. The City is running ahead of the money received. Commissioner Stephen Towne said that two meetings ago, Commissioner Thomas McTygue requested that revenues be addressed. He asked if there had been an analysis of the sales tax revenue. He did not believe that the Council had adequate opportunity to address revenues. Commissioner Thomas Curley said that 90 percent of his budget is labor oriented. If he had to decrease his budget by $465,000, the first option he would consider would be layoffs. He can’t stop buying cars, paying utilities, paying for traffic lights, gas, people, etc. He said he would have to have a reduction in staff. It is not a threat but is a fact. The City needs to have EMS, police and fire. This budget came out at 4:00 p.m. yesterday and there has not been enough time for him to digest this budget. He needed to speak with members of his department on this proposal. He suggested that another special meeting be held to discuss the expenditures and revenues. He said he would consider adopting the general operating budget this evening, however, the capital budget did not include funding for the east side emergency facility. The City needs another facility due to growth and development. The City needs to plan for this facility. He has an appraisal for the parcel and he wants to do a design for the building next year which would allow construction in 2006 or 2007. He said he was offended at Commissioner Matthew McCabe’s threat made earlier on cutting the budget. There is no one spending money frivolously. There are contractual obligations to meet. The City has labor attorneys who provide the City with good counsel. They have obtained some good concessions on health insurance costs. There are significant changes to the City due to the charter. This a growing community with growing responsibilities. There should not be any sacrifices for the well being of the community. Commissioner Matthew McCabe said the Council has passed budgets on many occasions with a wink and a nod. The City needs to change the way it does business. This is an open process and there needs to be more discussions. Council members need to defend their positions. Page 11 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Commissioner Thomas McTygue said the Council voted to approve commitments to the unions at up to $1 million. Now the Council does not want to fund those increases. Perhaps the City needs a nonpolitical committee to look at the financial situation of the City including contracts, benefits, health insurance. He said there was a time when the City employees could retire with full health insurance coverage with only ten years of service. There are hundreds of former employees that the City is paying for. It is excessive and it needs to be reviewed. He has increased his budget by only a small percentage. Last year his department was decreased by $65,000 while DPS got $500,000. He said a new EMS facility will require a 12 person crew which is an additional expense for the City. He asked why when there is an EMS call, there are so many people and vehicles attending. The City needs to review matters such as this as ways to change operations. His department has not increased employees in the last 15 years, but the amount of streets accepted by the City has grown tremendously. Each year it gets more and more difficult to get all of the leaves picked up before the snow falls. He said the top 10 or 15 employees are making somewhere near $90,000. It is a big expense. He said the Council approves contracts with little discussion and the employees have some sweetheart deals. He said if the Council chooses not to accept the budget this evening then there needs to be some major cuts. Commissioner Thomas Curley said the City generally does not come out a winner with contract negotiations. He said it was dangerous to go to arbitration. His department has six unions. He said there are 24 hour shifts in the fire department and overtime is sometimes necessary. He said that it was unfair to criticize employee payroll when it was only a few. The community needs to be protected. Commissioner Matthew McCabe said his numbers are based on the realistic financial picture. Mayor Michael Lenz said they have talked about the sales tax and the decision to leave the formula. He said the last estimate is that the City is $4.4 million behind in sales tax revenue. He said the County had no intention of changing the formula until the City decided to withdraw. That decision has cost the City. There has been lots of discussion on the charter driven mandates which is not a million dollars but is closer to $300,000. Two positions were filled at a cost of $60,000 and one other will be filled internally at a net cost of $5,000. He saved the City nearly $200,000 under those three positions. The City needs to look at revenues. He talked to the County about the parking deck and the County agreed to fund the parking deck at $300,000/year for four years. The deck will be built at a cost of about $2.5 million. The City has nearly all of those funds. The City has applied for a $10 million grant from the state that could generate more funds for parking. There is a $2 million grant application for the Church Street corridor. The Council is paying for past decisions. He appreciated Commissioner Matthew McCabe’s work on the budget, but he would not support it this evening. Commissioner Matthew McCabe said the County funding for the deck was good. He said the City has fallen short on the sales tax revenue. He said he continues to look at those businesses reporting sales tax revenue to be sure that it is going to the correct county. He asked that the Council vote on his motion. Commissioner Thomas Curley said he would like to see the motion tabled. Commissioner Matthew McCabe said the public has been served well by the discussion tonight. He said that Commissioner Stephen Towne wants to see $4.95, but at this time the rate is at $5.21. The City needs to stem the rate of escalation. Commissioner Thomas McTygue said the Council should vote on the motion. Mayor Michael Lenz agreed to vote on the motion and to perhaps have a special meeting tomorrow. Commissioner Matthew McCabe said the motion on the table this evening was for both the general operating budget and the capital budget. Page 12 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Ayes: Commissioner Thomas McTygue and Matthew McCabe; Nays: Commissioners Stephen Towne, Thomas Curley and Mayor Michael Lenz. Motion denied. It was agreed the Council would meet tomorrow at 6:00 p.m. for another workshop. Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: November 5, 2004 - $335,845.17 and November 12, 2004 - $369,507.53. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 11/16/04 2NOV04 $501,909.00 2004 mini warrant 11/10/04 MC041110 $ 65,563.69 Ayes all. Budget Transfers Commissioner Matthew McCabe moved and commissioner Stephen Towne seconded to approve the 2005 budget transfers as previously distributed with Friday’s agenda (Attachment A). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 budget amendments previously distributed with Friday=s agenda (Attachment B). Ayes all. January/February 21005 Sales Tax Exemption Week (04-217) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded for the City to provide the sales tax exemption week during January/February 2005. Ayes all. Gilbert Road/Lake Avenue Zoning Amendment (04-218) Commissioner Matthew McCabe said that on September 21 a motion was made to send to the City Planning Board a request for an advisory opinion on a proposal to rezone 124 acres on Lake Avenue/Gilbert Road to RR-1. The motion was amended and the property split. The Planning Board issued a negative advisory opinion stating the project should be reviewed in its entirety. Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded that the Council accept for study the proposal to rezone the entire 124 acres on Lake Avenue/Gilbert Road as RR-1 and that it be referred to the Saratoga County Planning Board. He also requested that a public hearing be set on this matter for December 21. Commissioner Stephen Towne said that he was troubled and felt sandbagged by this motion because it was not listed on the agenda in this fashion and it was not discussed at the pre-council meeting. Commissioner Matthew McCabe said it was not his intention to sandbag anyone. He said it was listed on the agenda in the fashion that was presented to him by the City Attorney. The City Planning Board decision is clearly looking for the Council to have this land reviewed as one unit. Matthew Dorsey said the previous discussion this evening was to refer the 80 acres to the County Planning Board. This referral to the County is due because of the proximity of the parcel to the County highway. He Page 13 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 said in his opinion, there is enough information listed on the agenda that it would be appropriate to review the matter and not require a four fifths vote to get it onto the agenda. He said the Council may on its own motion amend the ordinance for the 80 acres. He said because the advisory opinion from the City Planning Board is supportive of the 120 acre parcel in its entirety, if the Council chooses to do so, it can be referred back to the City Planning Board for an advisory opinion and then to the County for their opinion. Geoff Bornemann said past practice is that it would not be necessary to send it back to the City Planning Board, because their opinion has been made clear in their previous advisory opinion. He said the Council could skip sending it back to the City Planning Board because the Council already has their opinion and refer it directly to the County Planning Board. Commissioner Matthew McCabe and Commissioner Thomas McTygue agreed to withdraw the motion and to return to tomorrow night’s meeting for further discussion on this matter. It was agreed there would be a workshop at 6:00 p.m. and a meeting at 7:00 p.m. Budget 2005 - Previously discussed. DEPARTMENT OF PUBLIC WORKS Unemployment Insurance Claims Commissioner Thomas McTygue said it was interesting to note that he had an employee who chose to move away from New York State, took a new job, then left that job and is now requesting to draw unemployment insurance under the City. He said the City has since offered this individual a job. The City is paying $350 per week to this individual and this was wrong. The City needs legislative help in this area. Court Cleaning Contract Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the court cleaning contract for 2005 in the amount of $19,944. The terms and conditions are the same as in previous years. It was noted that this is a cost neutral contract, as the City is fully reimbursed for this cleaning expense. Ayes all. Water Plant Trainee (04-219) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that John McCarthy, recently appointed to the position of Water Plant Trainee, retain his current longevity and accrual date of August 11, 2003. Ayes all. Sewer Rate Increases Commissioner Thomas McTygue said he had sent some material to the County and asked them to review the sewer rate increase material again. He said he also asked the City Attorney to review the legalities and to issue an opinion on the sewer district changing their boundaries. He said the last time the boundaries were changed it was done so through public referendum. The County proposes to increase what the City pays by $169,600, which they attribute to flow. He said it was interesting to note that the Town of Wilton residents will see a decrease of 33 percent in their sewer bills in a total amount of about $90,000. The cost of sewer is twice the cost of water in the City. Commissioner Stephen Towne said it was appropriate and useful for DPW to request that this matter be clarified. He said though that the $170,000 proposed increase was due in part to increased users. He said the rate to each household is still the same at $124. He said the increase was due to the volume of users. Town of Wilton residents pay $152 per household. He noted that in the information distributed by DPW, they say that the City is 31 percent of the users but in fact the City is at 35 percent of the users while we pay 28 Page 14 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 percent of the cost. He said those statements need to be corrected. The City needs to question the legality of the boundary line changes though. Bill McTygue, Director, Utilities, said the County uses a complicated formula to calculate flow. He said what they do is back into the number so it is a fictitious number. They calculate that the City has 19,300 units which was increased by 1,368. The Town of Wilton will be cut by about $119,000 and the City will go up by $170,000. He suggested the Mt. McGregor facility needed to be looked at because they are being charged for only 563 units. Commissioner Stephen Towne said there are two issues - fairness and legalities. He said the numbers need to be rechecked. Homeowners want to know what they will be charged and last year it was $124 and this year it will be $124. Commissioner Thomas McTygue said Commissioner Stephen Towne can try to justify the increase in any way he saw fit, but the fact was that there is a $170,000 increase and they propose to increase the City’s units by almost 1,400. He said when the developers constructed these homes, they agreed to pay 2 1/2 times the rate but now the developers are gone and the homeowners are paying the rate and the sewer district is willing to decrease their rates. He noted that a few years ago the Town of Wilton was reduced by $60,000 and the City’s cost went up $60,000. The County says they are absorbing the increase, but they are not. Commissioner Stephen Towne said he was not trying to justify their rates and it was appropriate for the City to review the legal matters. Acceptance of FEIS Finding Statement for Water Source Development Project (04-220) Resolution to proceed with obtaining permits for Water Source Development Project Doug Ward said this has been a lengthy process. Included in tonight’s packet of material are three documents one of which is a findings statement which is a summary of the FEIS document. He said in the finding statement it states that there are no significant environmental impacts associated with the lake option, it is the most economical option, the most viable and the most favored by DOH. He said they are looking for the Council to adopt the two attached resolutions. After that the next step would be to proceed with the application to DOH and DEC. That permitting process will take between 8 and 12 months. This will not commit the Council to anything. The Council can go through the permitting process and still not make a commitment to the Saratoga Lake option. All this does is to allow the City to apply for the permits. If a better alternative water source comes along, the City could choose that option. The county option though will take along time because it must go through the same process that the City has already gone through. Only after the County has gone through the scoping, DEIS, public hearing, etc., process can the Council consider that alternative. There is not enough material from the County at this time to make an informed decision. Adopting these resolutions does not impair the Council’s ability to hear from the public again. Once the FEIS is adopted there is opportunity for the public to comment. He said the Council has allowed nearly two months since taking its last vote on this matter. Doug Ward said that the first resolution takes the Council back to the beginning of the process. If the Council has questions he was here to answer them. If these resolutions are approved then DPW would be authorized to make application to DEC and DOH. He then summarized and read parts of the resolutions. Commissioner Thomas McTygue then moved and Commissioner Matthew McCabe seconded the following resolutions: Resolution of the City Council for the City of Saratoga Springs Adopting SEQRA Findings on a Water Source Development Project WHEREAS, on January 16, 2001, the City Council, acting as lead agency for the Water Source Development Project (The “Project”) issued a Positive Declaration under Page 15 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 the State Environmental Quality Review Act (SEQRA) requiring the preparation of a Draft Environmental Impact Statement (DEIS) and WHEREAS, a copy of that Positive Declaration was delivered to the identified involved agencies, and to the Environmental Notice Bulletin for publication pursuant 6 NYCRR 617.12. WHEREAS, on April 5, 2001, the City Council noticed, circulated and published a Draft Scoping Document in accordance with SEQRA. WHEREAS on April 27, 2001, and April 30, 2001, the City Council held hearings to receive comment on the Draft Scoping Document and also accept comments by mail and email. WHEREAS, on July 17, 2001, the City Council adopted a Final Scoping Document and noticed, circulated and published this Final Scoping Document in accordance. WHEREAS, pursuant to the Final Scoping Document, a DEIS was prepared by the City’s environmental consultants Barton & Loguidice P.C., (B&L) for consideration by the City Council. WHEREAS, on January 7, 2003, the City Council accepted the DEIS, circulated it to Involved Agencies and made it available to the public. A Notice of Completion was delivered to the Environmental Notice Bulletin and published in the local newspaper in compliance with 6 NYCRR 617.12. WHEREAS, on March 6, 2003, the City Council held a public hearing on the DEIS and also accepted comments on the DEIS which were sent by mail or email. WHEREAS, on February 17, 2004, the City Council closed the DEIS public comment period. WHEREAS, subsequent to closure of the public comment period, the City’s environmental consultant prepared a Final Environmental Impact Statement (FEIS) for consideration by the City Council. WHEREAS, after thoroughly reviewing the FEIS, the City Council on September 21, 2004, voted to release the FEIS, and authorized the preparation of a Notice of Completion and ordered that these documents be published, filed and circulated in accordance with SEQRA. WHEREAS, in accordance with the City Council’s instruction, the FEIS was circulated to Involved Agencies, filed in the public information repositories and posted on the City’s website. A Notice of Completion was published in accordance with 6 NYCRR 617.12. WHEREAS, the City Council has received no comments on the FEIS. WHEREAS, in accordance with SEQRA the City Council has afforded the agencies and the public a reasonable time period to consider the FEIS. NOW, THEREFORE, BE IT RESOLVED, that in connection with the proposed Project the City Council fully considered the environmental impacts of the Project and on the basis of such consideration the City Council hereby makes and adopts the Finding Statement attached hereto; and, BE, IT FURTHER RESOLVED, that in making its findings and determination under SEQRA, the City Council relied upon the facts and conclusions in the FEIS and the environmental record upon which it is based and without intending to limit the foregoing, in particular, upon the environmental social, economic and other facts and public comments set forth in the attached Findings Statement, all of which form the basis of the City Council’s action. BE IT FURTHER RESOLVED, as also stated in the attached Findings Statement: 1. The requirements of 6 NYCRR 617 have been met; Page 16 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 2. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action to be carried out, funded or approved is one that minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statements; 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact process will be minimized or avoided by incorporating as conditions to the decision those mitigation measures that were identified as practicable. Second resolution: Resolution of the City Council for the City of Saratoga Springs Authorizing the City Department of Public Works to Proceed with obtaining Permits for a Water Source Development Project WHEREAS, the City Council has completed the process of environmental review under the State Environmental Quality Review Act (SEQRA) and issued and adopted a Findings Statement for the proposed Water Source Development Project (the Project); WHEREAS, the Project requires various permits and authorizations from State and Federal Agencies (as identified in the Findings Statement); WHEREAS, the City Council intends to authorize the Department of Public Works to proceed to obtain the permits and approvals necessary for the Project; WHEREAS, nothing in this authorization should be interpreted as authorizing the project to proceed; WHEREAS, the City Council specifically notes that the Project may not proceed unless and until the City Council specifically authorizes such action; NOW, THEREFORE, BE IT RESOLVED, the City Council grants the limited authorization for DPW to proceed with making any and all applications necessary for the Project. Mayor Michael Lenz said a public hearing is scheduled for December 14 and he would like the motion tabled. Commissioner Thomas McTygue said another public hearing would bring out the same questions again with residents from the other side of the lake voicing their opposition. Nothing is different. This only delays the process. Commissioner Matthew McCabe said he would like this process to move ahead. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to table the motion. Ayes: three (Commissioners Stephen Towne, Thomas Curley and Mayor Michael Lenz); Nays: two (Commissioners Thomas McTygue and Matthew McCabe). Motion carried. Doug Ward questioned what kind of public hearing would be held on December 14. He asked if the Council was choosing to reopen the SEQR process. If so, then the City needs to “notice” according to SEQR Page 17 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 requirements, hire a stenographer and revise the findings statement after the public hearing addressing the comments and concerns expressed at the public hearing. Mayor Michael Lenz said he would leave that up to Doug Ward and Matthew Dorsey to determine what kind of public hearing this would be. Doug Ward said it was dependent upon what was the purpose of the hearing, i.e., was it to readdress the issues brought up during SEQR? Permission to hire outside counsel relative to recent litigation (04-221) Commissioner Stephen Towne recused himself due to a conflict of interest. Commissioner Thomas McTygue said that the City was served papers on behalf of Tom Roohan on November 15 who is suing the City. The City Attorney cannot represent him, therefore, he would like to hire former City Attorney, Jeff Wait. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to hire Jeff Wait for the Tom Roohan case at $125 per hour. Commissioner Matthew McCabe said that in today’s economy, it is so easy to sue one another. He requested that Tom Roohan consider withdrawing the law suit as a matter of good gesture. He said he would support this motion but hoped that Tom Roohan would consider withdrawing the law suit. Ayes all. Commissioner Stephen Towne resumed his seat on the Council. DEPARTMENT OF PUBLIC SAFETY Tow Truck Ordinance (04-222) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225-59 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED "VEHICLE AND TRAFFIC B REDEMPTION OF SEIZED VEHICLES@ BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Chapter 225-59 of the Code of the City of Saratoga Springs, New York, entitled "Vehicle and Traffic - Redemption of Seized Vehicles”, is amended to read: A225-59 REDEMPTION OF SEIZED VEHICLES Any vehicles removed pursuant to this Article may be stored by the City Police Department or by such persons or towing services as may be engaged by the City for such purpose. Any such vehicle shall be stored in a suitable place at the expense of the owner or operator. Such owner or operator may redeem the vehicle upon payment to the City Police Department or to any authorized person or towing service of the amount of removal Page 18 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 expenses and storage fees incurred. Such expenses and fees shall not exceed any maximum amount or amounts established pursuant to contract between the City and the persons or towing services so authorized. Said contract shall also include proof that the person or towing service has in full force and effect at least One Million Dollars ($1,000,000.00) Combined Single Limit Automobile Insurance for all owned, non-owned and hired vehicles to be used in providing towing services to the City. Each such person or towing service shall also execute a hold harmless agreement, in a form satisfactory to the City, by which the person or towing service shall indemnify and save harmless the City and its agents and employees from and against all claims, damages, loss and expense (including but not limited to attorney’s fees), arising out of or resulting from the licensed activity, sustained by any person or persons, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property caused by the tortuous act or negligent act or omission of the person or towing service, or by the persons or towing services employees, agents or subcontractors. For purposes of this section, the Commissioner of Public Safety shall have the authority to establish a rotation list or other fair and equitable selection method to establish the order of calling authorized persons or towing services to the scene of traffic accidents or for the removal of illegally parked or abandoned vehicles. The Commissioner of Public Safety shall also have the authority to establish standards, rules and regulations, in the interest of the public health, safety and welfare, for persons or towing services who participate in such rotation list or other selection method.” SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all. Caroline and Henry Streets Snow Removal Parking Lot Ordinance (04-223) Page 19 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “VEHICLE AND TRAFFIC” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Chapter 225 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic”, is hereby amended as follows: A. Section 225-84 is amended to add the following to “Schedule XIX: PARKING PROHIBITED CERTAIN HOURS”: NAME OF STREET SIDE HOURS/DAYS LOCATION Corner of Caroline and South/West 3:00 a.m.-7:00 a.m. Municipal Parking Lot Henry Street Every day from 11/1 to 4/1 (165.60-1-35) SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all. Officer John Kelly - recognition Commissioner Thomas Curley congratulated Office John Kelly, DARE Officer, for being recognized by the MADD organization for his work on the DARE program throughout the year. He was one of only 23 individuals recognized for this award. G&R Development Commissioner Stephen Towne recused himself due to a potential conflict of interest. Commissioner Thomas Curley said that this application had been forwarded to the City Planning Board for an advisory opinion. The City Planning had responded on the matter. He said there have been discussions lately on affordable housing and there have been some recommendations made to the principals of this project that could address some of the concerns of the community. He will review this matter and planned to bring it back to the Council for consideration in the near future. Commissioner Stephen Towne resumed his seat on the Council. Set Public Hearing - Vichy and Hayes Drives stop signs Commissioner Thomas Curley requested a public hearing be set on the stop sign ordinance for Vichy Drive and Hayes Drive for December 7 at 6:50 p.m. SUPERVISORS Supervisor Phil Klein said that due to the lateness of the hour, he would not make a report this evening. Page 20 of 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 16, 2004 PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Chris Millis said that one more public hearing on the water issue was a disservice to the community. He said to simply air one’s concerns does nothing. There should be a representative from the County and the City on stage and ready to address the concerns of the residents. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 10:50 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:50 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 21 of 21