City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 7, 2004 5:30 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: Lynn Bochner, Finance Pat Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Erin Dreyer, Deputy Commissioner, DPS Debbie, Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor Call to Order Mayor Michael Lenz called the City Council meeting to order at 5:30 P.M. and the council immediately adjourned to Executive Session for discussion on labor contracts including DPW, Fire Administrators, Police Administrators, Police Lieutenants, City Hall and PBA. That session was immediately followed by an Executive Session for discussion on land acquisition. Mayor Michael Lenz reported that the City Council recessed from Executive Session at 6:55 P.M. Mayor Michael Lenz reconvened the City Council at 7:00 P.M. Public Hearings Stop signs: Vichy and Hayes Drive Mayor Michael Lenz opened the public hearing on stop signs at Vichy and Hayes Drive. Commissioner Curley said this is a public hearing to add a stop sign on Vichy Drive east bound at Hayes Drive and on Vichy Drive, west bound at Hayes Drive. He said that the City Ordinance requires a public hearing to be held for public input and then the City Council must vote to add this intersection with stop signs to the City Ordinance. John Baldwin of 27 Sunset Drive said he requested the addition of these stop signs almost one year ago and he asked the council to vote to install them. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Roohan Zoning Amendment Mayor Michael Lenz opened the public hearing on the Roohan Zoning Amendment. Commissioner Stephen E. Towne recused himself and left the council chambers. City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Dave Carr with the LA Group said he represents the two applicants on the proposed zoning amendment. He indicated a map of the area and explained that they are proposing to rezone approximately one acre of land, which encompasses about 8 parcels, one of which will be rezoned from UR4 to T-6 and parcels along Woodlawn Avenue to go from UR3 to T- 5. He said the reason for this proposal is to create parking. He said they went to the ZBA for numerous variances and the Board thought it would be more appropriate to consider this a zoning district change and asked them to pull the application. He said they are not proposing to do anything with the four apartment buildings included with the parcels. He said if the zoning is changed, they will have to go to the Planning Board for a special use permit and site plan approval. He said they are proposing only to improve the frontage on Woodlawn in front of these parcels so the buildings would remain residential. Dave Carr explained that they intend to add about 39 parking spaces between Woodlawn Avenue and Lon Alley and put 13 additional spaces at the corner of Van Dam and North Broadway. He said the spaces would primarily serve the offices in the Community Theatre Building. The applicants have presented to the City Council a petition of 24 signatures of neighboring property owners. Kathy Smith, Saratoga Arms, Walton Street said she is in favor of this zoning amendment to clean up parking and unorganized backyards and it is a nice proposal. Donna Wardlaw, 93 Woodlawn said she and Bob Bristol are in support of the proposed re- zoning and if the council is inclined to support this amendment, they would like them to consider extending the district down to the end of Van Dam Street in order to incorporate the business “Pane in the Glass”. She said they are willing to come back with a petition in favor of such an extension if necessary. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Commissioner Towne returned to the Council room. 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. Amy Totino, Ingersol Road, Saratoga Springs said she is a member of the Heritage Area Program Advisory Council, and it has come to the attention of the board that the Mayor plans to eliminate funding for the Urban Heritage Area Director’s position as well for the position of Recreation Director. She said that they are moving those funds to finance the new position of Administration of Parks, Open Land and Historical Preservation called for in the City Charter. She said the Advisory Council’s role is to advise the Mayor’s office and the City Council on Heritage Area issues and the Board has not had the opportunity to meet with the Mayor. She said that the UHA program is at risk if they lose the Director position. She added that the visitors are up 19% since Denise MacDonald took over as director and that the programming provided by the UHA is important to the financial well being of the City and for the quality of life of the residents. She said that the Board is concerned about the loss of the Director and the negative impact on the Heritage area programming and the Visitor’s 2 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Center, and presented to the council a petition signed by the members of the Heritage Area Program Advisory Council. Dave Bronner, 5 Royal Henley Court, Saratoga Springs said he is speaking to the City council on water since he is unable to attend the meeting on December 14. He said the council is soon going to decide whether the city water will come from the Saratoga Lake or the Hudson River. He said that the cost of the County water system would be paid by the users of the water and government grants, and the City will not have to make any significant capital expenditure for river water since the cost to the taxpayers will be the cost of the water consumed, and the City will determine the amount of water that will be drawn from the County system. He said the Saratoga Lake option would require 17 to 24 million dollars in capital expenditures by the City taxpayers. The money will be obtained through a bond issue in which interest must be paid. Taxpayers will take a mortgage to build the lake system and the cost will be significantly more than the initial 17 to 24 million dollars after the interest is paid. He stated that if the City taps Saratoga Lake, they will have to monitor the Saratoga Lake watershed to ensure that pollutants are not discharged into the lake, and the cost for that will be significant, continuous and it will be borne by the City taxpayers. He said that the Public Works Commissioner has never detailed the cost of monitoring the watershed, and this needs to be done. He said that future recreational use of Saratoga Lake could be restricted, although the Public Works Commissioner states there will be no restrictions because the State Health Commissioner indicated that activity on the lake would not need to be restricted, but things could change, and five years from now pollutant levels could rise and the State could set restrictions. He said restrictions would be detrimental to the City, so why risk this when there is another viable option. He urged the council to demonstrate long range vision by looking forward 50 to 100 years when making this decision, because Loughberry Lake does not have a 50-100 year future, nor does the City’s water filtration plant, so the best option for the City’s long term water needs is the County System. He said the Council must envision a time when all the City’s water comes from the Hudson River filtered through a modern expandable filtration plant, and the benefits would be an unending supply of quality water at a reasonable cost and protection of the long-range recreational use of Saratoga Lake. Mark Baker, President of the Down Town Business Association said that people are what makes a community great and dynamic such as those who stepped forward and helped produce the DBA’s Victorian Street Walk held on December 2. He said that the event had a reported attendance of over 18,000 people and was a big success for Saratoga Springs and the downtown retailers. Mark Baker said this year’s event and the successful closing of Broadway was only possible through the committed efforts and countless hours of many individuals and organizations such as Commissioner Curley and the Department of Public Safety, especially Mark Benaquista and his staff who developed a detour plan and set up and picked up safety and traffic equipment, and Assistant Police Chief James Cornick who with his staff coordinated and implemented the closing, management and re-opening of Broadway in liaison with Region 1 of the NY-DOT , the Emergency Squad and the Saratoga Springs Fire Department. Mark Baker also thanked DA Collins and Donnelly Construction, Commissioner McCabe for initiating the parking shuttle system with CDTA and Commissioner McTygue and DPW’s Bill McTygue and Art Carnevale. He listed the major 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 sponsors of this year’s event as the Special Assessment District, the Adirondack Trust Company, City National Bank, Dr. and Mrs. Michael Beechner, Prime Hotel, Saratoga Convention Bureau, The Olde Bryan Inn, O’Callaghan’s, Roohan Realty and the Holiday Inn. Lee Nelson, 29 Underwood Drive, Saratoga springs said she was concerned about the Mayor’s agenda and is pleased that the position for Administrator of Parks and Open Lands is going to be established. She said that it is a very important part of the Charter and she wants to be sure that the position has all of the functions as listed in the Charter beginning with Section 3.3. Seeing that no one else wished to speak, Mayor Michael Lenz closed the public comment period. Mayor’s Office Mayor Michael Lenz moved item number 13 on his agenda up to be the first item. Presentation: Toys for Tots Program Mayor Lenz announced that they created a collection box for the Toys for Tots program in the Mayor’s Office. He said that the USMC Reserve help oversee the program. He commented that not only are the Marines protecting our Nation, but they give their time to worthwhile community projects as well and America is truly a better place because of their heroic service. He said the holiday season is the perfect time for Saratogians to give thanks for their blessings and help others by dropping off a new toy to the Mayor’s office box to help the community’s needy children. He introduced Lance Corporal Petro from the United States Marine Corps Reserves to explain the program. Lance Corporal Petro said that the program provides toys for children for Christmas whom otherwise might not receive any. He said it started in 1947 when WWII veterans realized they were fortunate but there were disadvantaged children in the United States that needed help. He said the Marine Reserves took over the program on the East Coast and the response was so overwhelming that every USMC Reserve Station in the U.S. now participates. He said that last year they collected 40,000 toys, and over the past years they have grown so they now have two trains to carry the toys in this area, one that comes down from Plattsburgh and one that goes over to Binghamton. He thanked everyone in advance for anything they could do to help the children and he presented the Mayor with the USMC Reserve Commander’s award for the promotion of the Toys for Tots program. Appointments Mayor Michael Lenz announced the appointment of Matthew Veitch to the Zoning Board of Appeals. Mayor Michael Lenz announced the re-appointment Jim Doern as City Court Judge. Judge Doern thanked the City council for allowing him to serve the last six years and for his reappointment. Proclamation: Saratoga Springs Flower and Fruit Mission (04-228) Mayor Lenz acknowledged the wonderful work of the City’s Flower and Fruit Mission and read the following proclamation into the record: 4 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 WHEREAS, one hundred years ago a small group of Saratoga Springs women began a remarkable program of compassion and caring for charity patients in Saratoga Hospital. Since then, the good works of the Flower and Fruit Mission have brought hope, comfort and relief to thousands of patients and their families, and WHEREAS, over the decades the members of the Flower and Fruit Mission have been an invaluable help and resource for hospital administration, physicians, nurses and patients. They have raised badly needed funds for hospital expenses and equipment, educated the public through Health Fairs, promoted understanding and goodwill between the hospital and the community, and provided for the needs of newborn babies, and WHEREAS, the mission's spirit and vigor continues into the 21st century. Its financial support to the hospital has increased tremendously, and it is estimated that its contributions during the last decade exceed one million dollars. Throughout all the years, its members have never failed to demonstrated the highest and best ideals of community service, NOW THEREFORE, I, MICHAEL A. LENZ, Mayor of the City of Saratoga Springs, am pleased to congratulate the Flower and Fruit Mission on its first 100 years, to honor the many contributions of its members, past and present, and to extend my very best wishes for continued success. Mayor Lenz acknowledged President of the Flower and Fruit Mission, Cindy Phillips and thanked the organization for their hard work. Vote: Establish Position of Administrator of Parks, Open Lands, Recreation and Historic Preservation (04-229) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to abolish the old position of the Administrator of Parks, Recreation and Historic Preservation and establish the new position of Administrator of Parks, Open Lands, Recreation and Historic Preservation. He explained that this position had been established by the previous administration but they omitted the open lands component which is an important part of that administrator’s position and responsibility, and must be included to be in keeping with the requirements of the Charter, so he wanted to be sure it is set up correctly. Ayes all. Salary and Grade for Administrator of Parks, Open Lands, Recreation and Historic Preservation Mayor Michael Lenz announced that he is removing this item from his agenda because his office is still evaluating the position and they are not ready to discuss salary or grade level. He said this is an initial step in the process so that Civil Service can begin to develop job specs and so that all civil service requirements can be met. Commissioner McTygue asked if the Civil Service exam is to be open-competitive and Mayor Lenz responded that has not been established yet. He said this is only creating the position and the appointment of an individual, the salary and grade are all items that have to be brought before the council for approval. Commissioner McCabe commended the Mayor on his action said the City Council is diligently trying to implement the charter and all of its demands by law. Mayor Lenz said this is the final position in the Mayor’s Office that is mandated by the Charter and his objective is to keep the process moving forward and this is the first step, and all subsequent steps require council approval. 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Vote: Roohan/Fallon Rezoning Petition Mayor Michael Lenz said that Commissioner Towne wishes to recuse himself from this vote and Commissioner Towne left the room. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded for the issuance of a negative SEQR declaration and for the adoption of the proposed zoning map amendments that would change the classification of the properties at 76, 80, 82, 86, 89, and 94 Woodlawn Avenue from Urban Residential 3 to Transect 5 Neighborhood Center District and the amendments would also change the zoning for the vacant parcel at 557 North Broadway from Urban Residential 4 to Transect 6 Urban Core District. Ayes All. Commissioner Towne returned to the Council room. Vote: Congress Park Centre PUD Extension Mayor Lenz said there has been a request for a six-month extension of the expiration date of the Congress Park Centre Planned Unit Development District. This PUD was originally scheduled to expire on December 31, 2004 since the the City Council granted a six-month extension last December and another one last June. He said that during the past year the applicant has been working with the Planning Board on the proposed amendments that would revise the ordinance and offer a longer duration for the PUD. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded for the extension of the expiration date of the Congress Park Centre Planned Unit Development District from December 31, 2004 to June 30, 2005. Ayes all Discussion and vote: Real Estate Committee – Pedinotti Assistant City Attorney Matthew Dorsey said that the Real Estate Committee is proposing to sell a 50 foot square piece of land next to the home located at 1 York Street for $18,000 contingent upon the Pedinotti’s being able to rezone the parcel to allow for its use as a restaurant. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to sell the parcel of land next to 1 York Street to Diane and Anthony Pedinotti for the purchase price of $18,000 contingent upon the current zoning being changed to allow it to be used as a restaurant. Commissioner Towne said there were a couple of issues raised during the insurance review about placing limitations within this geographic area should the City choose to develop the City-owned adjacent parking lot. He said the Risk Manager is concerned that if this site were re-zoned it would leave the door open for litigation should the City build a multi-layer facility that might impede on the structure at 1 York Avenue. Attorney for the purchasers, Jeffrey Wait said that the building would remain there regardless of tonight’s decision and the Pedinottis have no objection because they understand there are plans for development in this area and if a restaurant is there, a developer might have improved vision for this area. He said whatever is done here, the City must take into consideration that there is an historic structure present. Commissioner Towne asked if there would be disagreement with future use regarding site sharing, referring to the common parking area, especially as to which party is responsible for the maintenance of which area should be clarified to avoid future confusion. Jeff Wait 6 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 responded that the situation is no different than any other, because it is a transaction that would not go forward to the closing without the zoning change and there is time to clarify these issues. Matt Dorsey noted that Carrie Woerner, Executive Director of the Preservation Foundation advised the City that the Preservation Foundation is in favor of the Pedinottis purchasing this parcel and putting a restaurant at this location. He added that City Center Director Mark Baker also had no objections. Ayes all. Vote York Street Zoning Amendment Mayor Michael Lenz said they have received a petition from David and Diane Pedinotti for a zoning map amendment that would change the classification of a 5,000 square foot parcel of land at 1 York Street from Urban Residential 4 (multi-family) to Transect-6 Urban Core District (mixed use) . He said the City Council must decide if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion . Ayes all Amend Water Service Fee Agreement Ordinance (04-230) Commissioner Towne recused himself and left the Council room. Mayor Lenz read from the current ordinance and explained that the proposed change does not remove the ability of the DPW to have final approval of any water service connections that occur in the City, it simply allows the process to move forward because the applicant is acknowledging that there are water connection fees and by signing the agreement, commits to paying those fees. He said that recently the applicant has signed the agreement and DPW has not signed off which has caused delays in the process. He said he would like to change the ordinance in order to move the process along without removing power from DPW since they will always have the final say as to whether water service can be hooked up. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the ordinance to amend chapter 231 of the Code of the City of Saratoga Springs, New York entitled “Water and Sewer ” as submitted and distributed. Commissioner McTygue said that they have not held up all applications, only the ones that are proposing large projects. Jeffrey Wait said he is representing the City on a lawsuit regarding the issue of not agreeing to water connection. He said he believes that the ordinance under discussion is an integral part of the pending litigation and he would prefer not to have this public discussion or to alter the status quo at this time. Commissioner McCabe said he does not like the timing of this and he has a problem with prominent citizens suing each other with taxpayer dollars and he would like to see it worked out. City Attorney Matt Dorsey said he does not think the proposed change freezes out DPW from the process because they would be aware of the applicant’s signature and they are intimately involved in the whole process. He said the end of the proposed ordinance states that the applicant is advised that the new service connections are subject to approval by DPW. He said they want to make it clear that DPW is the entity to make the final call on whether that connection is made. 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Mayor Lenz mentioned concerns that the fees needed to be paid and the intent of the agreement is to be sure the applicant is aware of the fees and that the applicant commits to paying them upon signing the agreement. He said that DPW is concerned about water supply but the Planning Board has issued a report stating that there are 6 or 7 years before the City needs water. Bill McTygue said the report of the Planning Board assumes normal conditions and the major concern is drought conditions, which have occurred as recently as 1999. He said that eventually development and new water connections would have to stop. He said an applicant’s first stop should be to speak with DPW about their plans regarding whether their project is acceptable regarding the City’s water supply, or if it is too big. Mayor Lenz said the Planning Board always has the ability to deny the project. Bill McTygue said that when large projects come before the Planning Board he makes it clear that there might be problems with adequate water supply. He said there are large- scale projects that it is difficult for DPW to commit to being able to furnish them with water because of the uncertainty about the supply and in these cases the final site plan will not be approved. Commissioner McTygue said the City is looking for a long term water source and he explained the application process of developers and said some of the sites have no pipe anywhere near it. He said Loughberry Lake is shallow and summers bring concerns about drought and the height of the City’s water use is in the summer. Mayor Lenz said it is the role of the DPW to caution applicants and the Planning Board should review the applications and make its decisions based on opinions from a number of sources including the Department of Public Works. He said the agreement is so the applicant knows what it has to pay and that they commit to paying the water connection fees. Commissioner McTygue suggested adding some language relative to adequate water supply and said that if the language was changed he might be willing to sign the agreement and support the change in the ordinance. Ayes: 2 Nays: 2 (McCabe, McTygue) Motion defeated. Commissioner Towne returned to the Council room. Authorization for Submittal of Transportation Grant for Downtown Area (04-231) Authorization for Submittal of Transportation Grant for Weibel Avenue Corridor Mayor Lenz announced that he is grouping these items together for council consideration. He said that the City has an opportunity to apply to the Capital district Transportation Committee for a Community & Transportation Linkage Planning Program grant and grant applications are due December 17, 2004. He said that a draft of each application has been distributed to the council members. He explained that the first project is a Downtown Improvement Plan that would identify future transportation improvements that will have to be made to accommodate the new development in the downtown area. The plan would also identify a fair share plan to raise the required funds to implement the improvements and the estimated cost is about $85,000. He said the request is for $40,000 from CDTC and the City 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 will need to match this with some inkind services and the $40,000 the city Council allocated in the 2005 operating budget. Mayor Lenz said that the second project is the Weibel Avenue corridor Plan that would identify future transportation improvement that will have to be made to accommodate the new development in the transect zoning districts within this corridor. He said the estimated cost of this is $40,000, and $28,000 in grant money is being requested from CDTC and private developers in the corridor, namely Sonny Bonaccio and Thomas J. Roohan, will provide a local match of $12,000 so there would be no cost to the city for this project. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded that the Mayor be authorized to sign and submit the two grant applications, not exceeding the amounts specified. Ayes all Accept Donations to the Recreation Department: (04-232) Donations earmarked towards equipment purchase Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept cash donations to recreation to be earmarked towards the purchase of recreation equipment. Scott Calender presented his check to the council and said that he started working with Director Linda Terricola when the NYRA took back their parking lot because he wanted to thank the City for welcoming his business and allowing him to be part of the community. Linda Terricola said that the Water Works held a fundraiser and raised $1,486.00. She announced an additional donation for equipment from Mark Sutton and the Advantage Press in the amount of $750.00. She also reminded the council of the generous donation previously received from the Saratoga Gaming and Racing Association in the amount of $30,000. She said all donors’ names are placed on a plaque which hangs in the Recreation Field House. Ayes all Accept Donations for Geyser Park Lights: Mayor Lenz moved and Commissioner Stephen E. Towne seconded to accept $160,000 donated as revenue from a fundraiser and to be used towards the purchase and installation of Geyser Park lights. Ayes all Accept Additional Donations & Sponsorships Recreation Director Linda Terricola said that a list of donations and sponsorships was circulated to the council since there were too many to mention. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the additional donations and sponsorships as listed and distributed. Ayes all. Discussion and Vote: Affordable Housing Trust Fund Mayor Lenz said that earlier in the year he asked Dennis Brunelle to chair a Saratoga Work Force Housing Trust Fund Committee and put together some information relating to the creation of an Affordable Housing Trust Fund. He said the committee worked to put together the general framework for the establishment and the capitalization of the Saratoga 9 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Workforce Housing Trust Fund. He said the City has been successful in receiving Community Development Block Grant funding in the amount of $125,000 to establish and provide seed money to set up this fund. He said the initial step is to vote to create and establish the Affordable Housing Trust Fund and have it funded initially with the $125,000 and the subsequent steps are listed in the committee’s report. Mayor Lenz said he plans to bring back to the council recommendations for an actual Work Force Housing Advisory Board which will take the general information and distill it down to specific recommendations. He said their job would be to implement the trust fund and determine the mechanisms necessary to get it out to the community to have it used. Dennis Brunelle, chairman, said that the committee studied some of the best models from across the United States, ultimately identified two models and meshed them together to form the final document that has been presented to the City Council. He thanked Brad Birge for being a great resource. Mayor Michael Lenz moved and Commissioner Stephen E. Towne seconded to create an Affordable Housing Trust Fund . Ayes all Discussion and Vote- Kuchesky Parcel (04-233) Mayor Lenz said that the council is aware there has been discussions with Ray Kuchesky and it has come to their attention that there is a local couple interested in purchasing the parcel with the intention to create a horse farm on that location. Mayor Lenz said this use would be in keeping with the City’s open space guidelines and allow the property to remain on the City tax rolls and it frees up the million dollars to seek other parcels for recreational use in the City. He said there is active negotiations on several parcels that could certainly fulfill the City’s long term recreational needs. City Attorney Matt Dorsey said a motion is required to authorize the Mayor to sign a cancellation and release that would be a mutual document between the City and Mr. Kuchesky to agree to cancel the contract and release each other from any liability with regard to the contract that was signed in March 2004 and amended in August 2004, and render the document invalid. Mayor Lenz said that there has been a lot of work and time put into this parcel which was a number one priority of several committees. Commissioner Towne said this was a high profile and desirable parcel that the council was considering in terms of open space, but no one desired to remove quality property from the tax rolls. He said given the desire to preserve the parcel for open space use and the desire to keep it on the tax roll plus the additional advantage of being reimbursed for the City Attorney’s time and effort, everyone involved is a winner. Commissioner McCabe agrees with Commissioner Towne and the exercise has been worthwhile because the City is headed in the right direction. Commissioner Curley said that lots of work and time has been devoted to this parcel, and t was an initial foray into the process of solving the problem and has opened up many opportunities to find another solution. Mayor Lenz said that the City has negotiated with Mr. Kuchesky in good faith, so he did not want to bring this to the council unless Ray Kuchesky and the purchasers were comfortable with it. He said both parties are comfortable and the committed to moving forward with the sale and purchase. Commissioner McTygue asked if the application for subdivision of this parcel is still in process and Mayor Lenz responded that the subdivision request would be moot once the contract between the City and Mr. Kuchesky is terminated. Matt Dorsey said 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 the public hearing scheduled for Thursday on this parcel must be cancelled, and Commissioner McTygue subsequently cancelled the public hearing. Mayor Lenz moved and Commissioner Stephen E. Towne seconded to authorize the Mayor to sign a cancellation and release with Ray Kuchesky regarding the contract between the City and Ray Kuchesky that was signed in March and amended in August of 2004. Ayes all. ACCOUNTS DEPARTMENT Approval of November 16, 2004 meeting minutes Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to approve the November 16 meeting minutes as distributed. Ayes all. Approval of November 17, 2004 meeting minutes Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to approve the November 17 meeting minutes as distributed . Ayes all. Approval of November 22, 2004 meeting minutes Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to approve the November 22, 2004 meeting minutes as distributed. Ayes all Approval of December 7, 2004 meeting minutes Commissioner Stephen E. Towne moved and Commissioner Matthew McCabe seconded to approve the December 2 meeting minutes as distributed. Ayes all. Correction to November 1 meeting minutes Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to amend the November 1 meeting minutes, page 4 as distributed to the Council. He said the section on the High Rock Avenue Zoning Amendment Petition was inadvertently omitted from the previously approved set of minutes. Ayes all Award of Bid: City Center Upon the recommendation of the City Center Authority, Commissioner Stephen E. Towne moved and Commissioner Matthew McCabe seconded to approve the award of the 2005 HVAC Service Contract to Technical Building Services, Inc. of Ballston Spa for an annual lump sum fee of $7,484, which was the lowest acceptable bid. Commissioner Towne said that the bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all Award of RFP Engineering Services for Façade Repairs West Avenue Fire Station Upon the recommendation of the Department of Public Safety, Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to award the contract for engineering services for façade repairs for the West Avenue fire Station to James Daly Tobin, Architects, of Slingerlands in the amount of $4,600 as well as contract administration fee during the construction phase of the project for an additional amount of $1,500, subject to review and approval by the City Attorney ’s Office. Commissioner 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Towne said this proposal has been reviewed by the Purchasing Department and the Insurance Department and it meets purchasing and insurance guidelines. Award of RFP: Residential Design Guidelines Upon the recommendation of the Design Review Commission, Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to award the contract for the Residential Design Guidelines to Bailliere Consulting of Saratoga Springs for $15,000. He said there were three responses to the RFP, the details of which were reviewed by a subcommittee comprised of the Design Review Commission Chairman, the city Planner and the Associate City Planner who subsequently recommended that Bailliere Consulting be retained since they had the most appropriate response to the RFP and the best knowledge of local issues. He said the selection is contingent upon review of the contract by the City Attorney and the City Risk Manager. He said this proposal has been reviewed by the Purchasing Department and meets the City’s purchasing guidelines. Ayes all Select Energy Contract Commissioner Towne announced that the City received an offer from Select Energy to lock in on a fixed rate for natural gas at $8.54/dth as compared to $8.09 last year. He said this fixed price gives the City some stabilization over the next year. He said the market price has been declining so this is a good time to lock in on a rate. He said that at the next City Council meeting, he will bring forth a contract with NYSEG to lock in a rate for the City’s electricity. Gordon Boyd, representing the Chamber of Commerce Energy Alliance program briefed the council with some history on the program indicating the City’s success with the program. He said that energy prices are quite high now although Natural Gas prices have retracted in recent weeks to this current rate. He said that he created a spreadsheet that shows the City has saved an average of $10,000 per year and by approving this rate would eliminate the uncertainty of the next three months. He said the options are for rate stability or the City could choose to float with the market, which could go up or down depending on a number of factors including the situation in the Middle East. Commissioner Towne asked if there is any value in holding out for a few more weeks and Gordon Boyd responded that the supplier mandates that rates must be locked in on the 18th and 20th of previous month to lock in on the next month. Commissioner Towne asked if it is favorable for the council to act on this right away based on trends. Gordon Boyd responded that it depends on what the council is willing to risk, it less than 6% increase in overall gas cost and waiting could tempt failure. Commissioner Stephen E. Towne moved and Commissioner Matthew McCabe seconded to lock in on a fixed rate for natural gas with Select Energy at $8.54/dth and to authorize the Mayor to sign the contract with Select Energy. He said both the Risk Manager and the City Attorney have reviewed the contract. The rate is effective January 1, 2005 through December 31, 2005. Ayes all Set Public Hearing: Vendor Ordinance: Commissioner Towne explained that he formed the Peddling & Soliciting Ordinance Review Committee, also known as the Vendor Ordinance Committee, at the October 5 City Council meeting. He said since that time, the committee has reviewed specific areas of the ordinance, including vending near the track, enforcement, design guidelines, fees and 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 vending in the downtown area. Mark Baker Chairman of the committee said that the group met 4 times with an open slate approach to review the language of the ordinance, the ease of obtaining a license and the appropriateness regarding licensing and vending around the race track. He said they solicited opinions from who participated in the vending near the track this summer, one of which was on the committee. He said concern was poor drainage in this area and the pooling of water made things very difficult this past season. He said another concern was about what was being sold, the lack of control and the flea market appearance. He said the third concern was for general public safety, congregating people in roadways and having pedestrians having to walk around them into roadways. He said that the in consideration of these concerns the committee came to the consensus that it is in the best interest of the community to restrict vending in the areas surrounding and adjacent to the Saratoga Thoroughbred Race Track. He said that in addition, two other issues surfaced, one is the review of the 30-inch rule as it applies to downtown and citywide. He said the rule is dated and not clear as to whether it refers to property line, storefront, etc. Also, he said in consideration of vending throughout the community there might be a need to revisit zoning as it applies to vending in that area and the appropriateness of the vending activity on private property. Commissioner Towne said that a revised ordinance was distributed Friday December 3 for the Council’s review with an executive summary highlighting the changes. He scheduled a public hearing for the December 21 City Council meeting at 6:15 P.M. Set Public Hearing: Eating & Drinking and Lodging Establishment Ordinance Commissioner Towne said that the City Council previously forwarded to the Planning Board for their review the proposed zoning amendments related to lodging establishments that were developed by the Joint Zoning Amendment Workgroup. He said that the Planning Board, in a related subcommittee, discussed the proposed amendments, and as a result of their review recommended numerous changes to the proposal submitted by the workgroup, all of which were detailed in correspondence distributed to the City Council Friday December 3. Commissioner Towne said that prior to scheduling a public hearing on this topic, he is referring to the Planning Board Correspondence detailing their suggestions back to the Joint Zoning Amendment Workgroup for their review and opinion at their meeting next week, and he intends to schedule a public hearing once he receives their analysis and recommendation. Announcement: Withdrawal of lawsuit Commissioner Stephen E. Towne announced the withdrawal of the certiorari matter in the case of Spa Realty. He said this lawsuit involved an assessment disagreement for the year 2000 and the combined tax refund exposure was approximately $10,000. He said this is the 12th withdrawal or dismissal of a tax assessment lawsuit filed against the City since April of 2002. Data Collector – Salary & Grade (04-234) Commissioner Stephen E. Towne moved and Commissioner Matthew McCabe seconded to add a discussion and vote regarding the Data Collector Position to the agenda since the matter was inadvertently left off of his agenda. Ayes all 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Commissioner Towne said the position has previously been reviewed and approved by the union and by the Civil Service Commission and it is a grade VI, step 1, 40 hours a week position with a salary of $27,382. He said this position was discussed at a previous City Council meeting as part of a general presentation on the reorganization of the Assessment Department and is accounted for in his budget. Commissioner Stephen E. Towne moved and seconded by Mayor Michael Lenz to set the terms of the Data Collector position as indicated. Commissioner McTygue said he would not be supporting this position because Commissioner Towne did not support the budget and in there have been requests for additional positions in DPW and these have been rejected. Commissioner Towne responded that this is a position, in addition to a second position that have been covered by a new revenue stream that more than offsets the cost of these positions so there is no impact on the City’s budget and therefore no impact on the tax rate. Commissioner McCabe said that although he appreciates Commissioner McTygue’s remarks, it would be hypocritical for him not to support the motion because he would be remiss if he did not support something that is in his budget, and he might be approaching the council with similar items in a few weeks. Ayes: 4 Nays: 1 (McTygue) Commissioner Stephen E. Towne announced the provisional appointment of Angela Freeman to the Data Collector position effective Monday, December 20 at the terms indicated in the previous motion. Part time Assessment position – Elaine Cogan (04-235) Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to add a discussion and vote on a part time employment arrangement regarding Elaine Cogan, which was inadvertently left off his agenda. Ayes all Commissioner Towne said that he had previously indicated his intent at a recent City Council meeting as part of a general presentation on the reorganization of the Assessment Department to rehire Elaine Cogan, upon her retirement, as an Appraisal Technician – P/T Senior Clerk, per Civil Service, at an hourly rate of $14 per hour with a minimum of 12 hours per week. He said this part-time arrangement is accounted for in his budget and has been offset by additional revenue so it has no negative impact on the budget, and it will not accrue any benefits and would be reviewed annually. He said that Elaine brings specialized and varied assessment skills to the position as well as valued institutional knowledge regarding our community that can only aid the transition we are making to a new assessment team. Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to approve the part-time arrangement with Elaine Cogan at the title and hourly rate indicated beginning Monday January 10, 2005. Ayes all FINANCE DEPARTMENT 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: November 19, 2004 - $356,371.18; November 26, 2004 - $353,545.29 and December 3, 2004 - $339,416.13. Ayes all Warrants Commissioner Matthew McCabe moved and seconded by Stephen E. Towne to approve the following warrants: 2004 Regular Warrant: 12/07/04 1DEC04 $2,041,242.04 2004 Mini Warrant: 11/24/04 MC041124 $ 202,895.36 12/01/04 MC041201 $ 226,349.56 12/02/04 MC041202 $ 275.00 Ayes all Budget Transfers Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2004 budget transfers previously distributed with the agenda (Attachment A). He said that they total $213,000 and there are 179 of them. . Budget Amendments Commissioner Matthew McCabe moved and seconded by Mayor Michael Lenz to approve the 2004 budget amendments previously distributed with Friday ’s agenda (Attachment B). Ayes all Vote: Tax Rate Approvals (04-236) Commissioner Matthew McCabe moved and seconded by Commissioner Thomas McTygue seconded to approve the 2005 tax rates as follows: Capital fund tax rate of 0.53 General fund tax rate, inside district of $4.58 General fund tax rate, outside district of $4.55 Special Assessment District Tax Rate of 0.4623 He said these tax rates are based on the 2005 budgets approved on 11/22/04. He said once approved, the rates would be forwarded to the County for individual bill printing. Ayes: 3 Nays: 2 (Towne, Lenz) Discussion: Victorian Street walk Commissioner McCabe said that he appreciates Mark Baker’s comments this evening and the work done by the Transportation Alternative Advisory Board and the meetings held with the CDTA and NYRA have proved very beneficial and he wanted to plug the idea of moving more people with less cars. He said the shuttle was a resounding success and he hopes to move ahead at the next City Council meeting to seek approval for a similar arrangement for 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 the First Night celebration and next year for special events, culminating in possibly some kind of shuttle service next summer. He said there is a lot of potential there. He said that the City Council allocation was actually $1100 including an insurance rider, which is good for six months, so it is possible to offer citizens and guests this opportunity for First Night if the City Council wishes to do so. He thanked everybody involved. Mayor Lenz said the closing of the street was a huge success and the shuttle was very successful and there have been a lot of positive comments as a result. He said the idea of a seasonal shuttle system is quite feasible and it is an innovative way to move people around the community. Department of Public Works Informational – Grant for Hazardous Waste Commissioner McTygue said he is pleased to announce that the Department of Public works has been awarded a grant in the amount of $30,900 from New York State for our household hazardous waste project that was held last year. He said the grant will enable the City to hold another Household Hazardous Waste Day in 2005. Commissioner Thomas McTygue said he would like to set the $30,900 aside in a special account established by the Finance Office, to enable the project to be run again next year. Permission for Mayor to Sign Agreement for Parking Lot Commissioner McTygue said that they have recently received permission from Frank Parillo to allow parking in the lot that fronts on Lake Avenue between High Rock Avenue and Henry Streets. He said the necessary insurance was obtained last week. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded for the Mayor to sign a new agreement with Frank Parillo to allow for the additional use of the parking lot as explained. Ayes all Mayor Lenz thanked Frank Parillo and said the additional parking was very useful and this front lot is paved and more commonly known, and it will be used. Informational – Sand Delivery to Residents Commissioner McTygue announced that the Department of Public Works will deliver sand for use on sidewalks to the residents of the City of Saratoga Springs Monday through Thursday, December 6 through December 9, 2004. He said that residents are requested to place containers between the curb and the sidewalk. Discussion – Water Commissioner McTygue said that he would like to make part of the record the letter from Niagara Mohawk, added as part of the City Council Minutes. He called on Doug Ward in reference to the water meeting scheduled for December 14. Doug Ward said that the meeting is not a public hearing as we know it and his only concern is that it not be associated with the SEQR proceedings because there have not been comments and it would mean that a stenographer would be required, more notice and more work on revising the FDEIS would be necessary. He urged the Council to make it publicly clear in the notice 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 that the meeting is not part of the SEQR process. He offered to work with the City Attorney to create language so that there would not be future confusion. Accept Streets, Snowplow Only Commissioner McTygue announced that the following streets are being accepted for snowplowing only: Westbury Drive, Ellis Avenue (Off Ballston Avenue-Springwood Condo); Evergreen Point (Off Geyser, Tommy, Luther, Karner Drive & Larkspur); Floral Estates (Lower Azalea to Magnolia and to 24 & 39 Magnolia); Tyler Drive (up to 29 & 30); and Cliffside Drive; and Winding Brook to Stony Brook to Saddle Brook Drive in the Meadowbrook Subdivision. Commissioner McTygue said this shows the additional responsibilities the DPW has undertaken with the same amount of workers that he had 20 years ago. Department of Public Safety Ordinance Change to add Stop Signs at Vichy and Hayes Drives (04-237) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to amend Chapter 225, Section 225-77 of the Code of the City of Saratoga Springs, New York entitled “Vehicle and Traffic – Schedule XII: Stop Intersections with the addition of stop signs on Vichy Drive in both directions of travel at the intersection of Hayes Drive, 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 Authorization for Mayor to Sign BUNY Grant (04-238) Commissioner Thomas Curley moved and Mayor Lenz seconded to authorize the Mayor to sign the Buckle Up New York grant which is for $11,000. Ayes all Seasonal Trail along Geyser Road Commissioner Curley said he has removed this item at the request of the neighborhood association and he expects to bring it back to the council in the future. Victorian Walk – Followup Commissioner Curley said that there was a lot of planning and he thanked Mark Baker for his hard work. He thanked Mark Benaquista who developed the street set up on his own time at home and he worked 24 straight hours getting this to happen and he is to be commended for his holiday spirit. Commissioner Curley said this was a great event, people were satisfied and very happy about the event and the street closure. He appreciates the effort of everyone involved. G&R – Development Reaoning 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 Commissioner Towne recused himself and left the Council room. Commissioner Curley said that the City has received a revised petition from G&R Development for a zoning map amendment that would change the classification of about 45 acres of land at 2221 Route 50 from Rural Residential-1 (single family residential use on 2- acre lots) to Suburban Residential-1 (single family residential use on 1 acre lots) and Urban Residential-4 (multi-family residential use). The zoning amendment also requires a Comprehensive Plan map amendment. He called upon the applicant to explain the re- zoning. Tom Roohan explained that they have had meetings with the Workforce Housing Partnership and have come up with this plan. Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to refer this revised zoning petition regarding the zoning map amendment petition from G& R Development at 2221 Route 50 for study and forward it to the City Planning Board for the required advisory opinion. Ayes all. Commissioner Towne returned to the council room. Authorization for Mayor to Sign Truck Inspection Station Contract Marilyn Rivers, the City’s Risk Manager said that both she and the City Attorney have reviewed the contract and the insurance is in place and has been provided to Mr. And Mrs. Parillo and it is acceptable from a Risk Management perspective and to the City Attorney. Commissioner Thomas Curley moved and seconded by Mayor Michael Lenz to accept and authorize the Mayor to sign the lease agreement with Frank Parillo for use of the property at 46 Marion Avenue. Ayes all Resolution for County Radio Tower (04-239) Commissioner Thomas Curley read the following resolution into the minutes: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, Saratoga County is in dire need of a major upgrade to its Emergency Radio Communication System and has applied for a permit to construct three communications towers inside the Adirondack Park in the towns of Hadley, Day and Edinburg all of which are located in Saratoga County; and WHEREAS, Saratoga County has diligently pursued, since 2001, a permit from the Adirondack Park Agency to construct such towers and has demonstrated beyond reasonable doubt that there are no other feasible technical alternatives to construction of these towers; and WHEREAS, public hearings in both the towns of Edinburg and Hadley have already indicated strong affirmative public support for this project; and WHEREAS, Saratoga Springs believes that further public hearings on this undertaking will serve only to delay and deny reliable emergency communications to those communities located inside the Adirondack Park boundary and those bordering it; and WHEREAS, Saratoga County can cite numerous incidents over the past several years of inadequate, and non-existent emergency communications and failures of its system components; NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga Springs, a Saratoga County community, strongly supports the application of Saratoga County for construction of these towers to improve emergency service response and communications; and 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 7, 2004 BE IT FURTHER RESOLVED, the City of Saratoga Springs urges the Adirondack Park Agency to act with the utmost speed and urgency to issue the required permits in order that this project affecting human lives and property be allowed to proceed. Commissioner Thomas Curley moved and Commissioner Stephen E. Towne seconded to accept this resolution. Ayes all. SUPERVISORS Supervisor Anthony Scirocco thanked the council for their support of the Radio Tower Resolution. He said that since he and Supervisor Klein were instrumental in obtaining a grant from Saratoga County toward the City’s Parking Garage project, and he requested that either Supervisor Klein or himself be appointed to the committee for that project. Mayor Lenz said it makes sense to him and he appreciates the efforts of the Supervisors in putting together the grant for the project. Commissioner Towne said it is understandable since the County has provided some funds, but it must be coordinated through Commissioner McTygue that either Supervisor Klein or Supervisor Scirocco be included on any distribution regarding the meetings of the follow-up committee of the building of the parking garage. Commissioner McTygue said he would discuss it with Mayor Lenz. PUBLIC COMMENT PERIOD Mayor Lenz opened the public comment period. Mark Lawton, former chairman of the Charter Revision Committee said that he is satisfied with that procedure of the addition to the agendas was done correctly but he will review the video with the City Attorney to make sure. ADJOURNMENT Mayor Michael Lenz moved and Commissioner seconded to adjourn the meeting at 9:35 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:50 p.m. Respectfully submitted, Nancy Wagner Clerk Approved: 19