City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 1, 2005 6:35 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor ABSENT: Phil Klein, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Deborah Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor Matthew Dorsey, City Attorney PUBLIC HEARING Beekman Street - One Way Tony Izzo, Assistant City Attorney, said this is an ordinance to allow for one way heading north on Beekman Street between Grand Avenue and Washington Street. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Zoning Ordinance - Lodging Amendment Commissioner Stephen Towne said this amendment deals with the section for the ordinance on lodging. He said this amendment modifies the locations for the various types of lodging establishments. Mayor Michael Lenz opened the public hearing. Commissioner Stephen Towne noted that a letter had been received today from Lorraine Tharp, Whiteman, Osterman & Hanna, on this matter. In that letter they questioned whether the proposed amendments are the ones that were recommended by the joint board. Geoff Bornemann said the workgroup did two sets of recommendations. He said the first set was presented to the Council on December 14, however, there were some minor amendments made eliminating the lodging corridor overlay streets (Caroline Street, Phila Street and a portion of Nelson Avenue). He said the proposal this evening includes the elimination of those streets. Commissioner Stephen Towne said it was determined late yesterday that the County needs to review this matter, therefore, the public hearing will be continued to the March 1 Council meeting. David Carey, 173 Phila Street, said he was here this evening to endorse the proposed changes and encouraged the Council to take action as soon as possible. Mayor Michael Lenz closed the public hearing this evening, noting that it would be reopened and continued at the March 1 meeting at 6:55 p.m. Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 Zoning Amendment - Gilbert Road/Lake Avenue Mayor Michael Lenz said this is a public hearing on a proposed zoning map amendment that would change the classification of seven parcels of land near the intersection of Gilbert Road and Lake Avenue from Southern Weibel Avenue District (mixed use) to Rural Residential-1 (single-family residential use on two acre lots.). The Planning Board on a vote of 7-0, issued a favorable advisory opinion. The Saratoga County Planning Board, on a 5-0 vote, recommended against the proposed map amendment. The vote by the County now requires four affirmative votes of the Council to adopt the proposed zoning change. A property owner representing more than 20 percent of the land involved in this rezoning also has filed a formal protest. That protest also requires four affirmative votes of the Council to adopt the proposed zoning change. Mayor Michael Lenz opened the public hearing. Charlie Morrison, 88 Court Street, said he appreciated the Mayor’s comments at the State of the City address in which he stated that he was committed to open space preservation. There is no better time to show his commitment. The “City in the Country” phrase is an important phrase and the fate of that phrase will be determined by tonight’s vote. The citizens of this community are looking to the Council for leadership and will hold them accountable on this vote. There needs to be at least a 4-1 vote because of the protest. He hoped the Council would do the right thing. Rick Fenton, Spring Street, echoed Charlie Morrison’s comments. It is important to not break the greenbelt at the Northway. This is a difficult decision. High density residential is not a bad idea but it should be closer to the inner core. Impacts on traffic and the school also need to be considered. Dennis Brunelle, Workforce Housing Partnership, thanked the Council for their support on affordable housing. Affordable housing can exist with open space. Affordable housing should be required as part of residential development. The Anderson proposal with 52 units is an encouraging initial attempt. The Workforce Housing Partnership will continue to work with the City on making affordable housing a reality. Sam Brutton, 206 Lake Avenue, did not disagree that the City needs affordable housing, but to buy into this plan was absurd. There is no guarantee that affordable housing will remain in the plan once it is adopted. The Council should not let the affordable housing units influence their vote. Excelsior Park had affordable housing included initially, but it had now been dropped. Long time residents are moving from the City because they believe it has changed too much. Mayor Michael Lenz campaigned on open space and the citizens would now hold him accountable. The Anderson proposal is not right for the City. Council members should not buckle under pressure of politics. The City needs affordable housing but not at the expense of approving this development. Peter Looker said the zoning of this parcel needs to be brought into compliance with the comprehensive plan. He also noted that bribery of officials can be described as influencing or inducing a public official through contributions. He said Mayor Michael Lenz, Commissioner Thomas Curley and Commissioner Stephen Towne all received contributions from Gail Anderson through the republican committee. The Council should take a stand against corporate greed. The Council should not be fooled into believing that affordable housing will be included in this project. Peter Lynch, attorney representing Gail Anderson, said he submitted detailed written comments in a letter dated January 28 to the Council and asked that the letter be made part of the proceedings. The Andersons have increased the amount of affordable units from 52 to 60. The amount of money that Gail Anderson gave to the republican committee is small. Gail Anderson is the first individual to propose meaningful affordable housing. This issue has been ongoing since 1999 when the SWAD district was created. The SWAD was created after a thorough impact statement was completed which recognized the need to balance use and open space. The SWAD district was recognized as a tool to meet the affordable housing need. The comprehensive plan found that in order to develop affordable housing it needs to be done in a high density mode. The urban core is targeted for high density, however, there is no land available in the urban core. The inner core is now developing condos. The outskirts of the City has the land available. There is a need for diversity. Under Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 environmental law, affordable housing can be considered. Before a SEQR determination can be made, the impacts of affordable housing must be studied. He said that according to Dennis Brunelle’s previous statements to the Council concerning the amount of affordable housing constructed in recent years versus the amount required, the number could be as high as 2,000 shortfall for affordable housing. He asked how the Council would replace the loss of the Anderson proposal’s affordable housing. The EAF must address that loss and how it can be made up. If the Council removes the SWAD designation, it takes away the opportunity to create the 60 units. Once the Council goes through SEQR, it could still determined to change the zoning or leave it as is. The EAF that the Council has is inadequate. There is no room in the inner core for affordable housing. This is a serious social issue. Gail Anderson is charitable, she gave land to one of the local schools last year. He offered two alternatives: vote to reject the ordinance or vote to make a determination under SEQR for a positive declaration and Gail Anderson and he will participate in that process to convince the Council to do the right thing. Teresa Capazolla said the comprehensive plan tells the Council what it needs to do. The only reason the area is designated SWAD is due to a technicality. How could the City be losing something (affordable housing units) that is doesn’t have. Excelsior Park, Geyser Crest and Snyder Brothers developments are all developments that were supposed to be affordable or include affordable housing. The safeguards did not keep the affordable housing included in those projects. The Council needs to vote 5-0. The Mayor has stated that he will protect the City from sprawl and he needs to support that statement tonight. The only reason that area of the City was designated SWAD was due to a study that said the City was on the brink of collapse. There was talk of Dell corporation going in there but that did not happen. The Anderson proposal is not about bringing jobs but rather 300 residential units that will drastically impact infrastructure, traffic, schools and taxes. Residential development does not pay for itself. The Council has hired Behan Associates to look at the SEQR impacts. If the Council votes against the rezoning, don’t say that it is because of the affordable housing. Developers are not serious about affordable housing. If they were, they would have already done it. This will impact exit 14. The lines will become blurred and commercial, retail and industrial will creep into that area. There are ample areas such as Weibel Avenue and the downtown for affordable housing. The Andersons continue to sue, threaten to sue, walked off of committee assignments and reneged on a $3,000 payment to the City. Will they again get special treatment from the Council. Zoning is not supposed to be used to fit the needs of the developer. Residents’ thoughts and concerns matter. There is a comprehensive plan and the Council needs to follow it. It is one thing to be sued by a developer but it was another matter to be sued by your constituency. Denise Romand, 24 Old Schuylerville Road, said she discovered this area of the City in 1998 when she was bike riding. She has lived in Colonie, Burlington and low income housing. The Council needs to empower people and give them an opportunity. Affordable housing should be considered under the RR-1 zoning. The school system is already overburden. She hoped the City would not become overdeveloped. She urged the Council to vote for RR-1 Nancy Ohlin, 424 Grand Avenue, Vice Chair of the Planning Board, said the common misconception with the CDD district is that it is only two acre lots. That is not the truth. The CDD district is meant to recognize a way to create a mix of styles and lot sizes. She explained that with a traditional 100-lot subdivision, 50 lots would be developed. With the CDD the 100 acres would be split in half leaving 50 acres open space and the remaining space for mixed lot sizes and styles. With CDD infrastructure costs are less. The CDD is conducive of affordable housing. Jeff Pfeil, 340 Broadway, said there has been a lot of misinformation on the Excelsior Park matter. Affordable housing is included in that project and has not gone away. The Planning Board reduced the density and insisted that the affordable units be mixed with the remaining units. They can construct 200 units without affordable housing or 230 with affordable housing. They do not need to construct any affordable housing until they reach 90 units. Affordable housing is still part of the vision, but the plan may need to be reworked. Affordable housing and high density go together. There is no place in the downtown area to construct high density affordable housing. The developers need some tax breaks to do affordable housing. William Swiecker, 34 Pinewood Avenue, said in order to satisfy the City’s need of 2,000 units of affordable housing, more than 10,000 units would need to be approved at this rate. That number is too large. The impact Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 to the residents needs to be considered. There needs to be more discussion on traffic, school and the impacts to the residents. John Kauffman, 44 White Street, said it is discouraging that the Council room is not large enough and people need to stand in the hallway. Mayor Michael Lenz said it is not possible to move the meeting due to the audio system and the ability to broadcast on Timewarner. Commissioner Thomas McTygue said that the City should look into broadcasting from the Music Hall. John Kauffman said it was disturbing that the County voted against this project. This goes back to the water issue and should make all residents of the City wonder where the City will end up with them controlling our water. Mary Beth Delarn, Southside Neighborhood association, said there is over development throughout the City. It is a disgrace what the Andersons are trying to do. There are several other projects with many units being proposed. We need to think about crowding at schools, infrastructure, traffic etc. The Council needs to think about the historical small town elements of the City. The school district is looking into increasing building space to accommodate the student population. Wayne Jackson, 59 VanDam Street, has lived in affordable housing. The City needs to think about rehabilitating the existing structures in the inner core and using them for affordable housing. He moved here from Long Island ten years ago and he likes being in the City. The Council needs to work from the inner core and then go outward. 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 7:45 p.m. with the Pledge of Allegiance. PUBLIC COMMENT PERIOD Tom Torgenson, 258 Caroline Street, said he was here this evening to ask the Council to consider making the intersection of East Avenue and Caroline Street a four way stop. There have been accidents in this area and it is dangerous. The Caroline Street school is nearby and there are lots of pedestrians. It’s a busy intersection. There should be either a four way stop sign or a blinking light. He has talked to several of the Council members on this matter. Matt Dill, 56 Waterview Drive, said he understood that the court decision came down today on the matter of the Department of Public Works not signing water service agreements. It was his understanding that the City lost that suit. It is unfortunate that the City residents had to pay for this and the Commissioner of DPW should make an apology to the citizens and reimburse the City. Commissioner Thomas McTygue said the water service agreement in question was never submitted to DPW, therefore, there was nothing to sign. That agreement was for 300 units on Weibel Avenue. He said that development will directly impact the school student population. The County has taken over the City’s sewer and now they want to take over our water. He said for those who are concerned about density they should think about what is going to happen with a water line coming down the Northway to Malta. He said as long as he is Commissioner he will fight for the citizens of this City. Phil Diamond, Waterview Drive, said he got his tax bill today and it went up nearly $400 this year. He told Commissioners Stephen Towne, Thomas Curley and Michael Lenz that he resented their vote to waste the City’s money on the alternate water source. The City should have applied for the permit. The Council wasted $750,000 when there is already an austere budget. They need to think over the next few months about what they did. Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. ACCOUNTS DEPARTMENT Gilbert Road/Lake Avenue - Zoning Amendment (05-18) Commissioner Stephen Towne said pursuant to the Council’s request of November 19, the Planning Board reviewed the proposed zoning map amendment to change the classification of approximately 123 acres of land near the intersection of Lake Avenue and Gilbert Road from Southern Weibel Avenue District (SWAD) to Rural Residential-1( RR-1) single family use at a density of one unit per two acres. The City Planning Board discussed the request at their December 8 meeting. Following the discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning map amendment. As a result of yesterday’s 5-0 vote by the Saratoga County Planning Board against the proposed zoning map amendment and the fact that a property owner representing more than 20 percent of the land involved in this rezoning has filed a formal protest this action requires four affirmative votes of the Council to adopt the proposed zoning change. The Council review the requirements of the State Environmental Quality Review Act (SEQRA) as they relate to this proposed zoning change and then we will discuss the merit of the proposal. SEQR: The City Council retained Behan Planning Associates, LLC to prepare a SEQR full Environmental Assessment Form (EAF) for the proposed action. Parts I, II and III of the SEQR long form have been completed and distributed to the Council. The Council’s first task is to classify the proposed action under SEQR. Based upon the information supplied in Part I of the assessment form, the proposed action appears to be a Type I action because it involves the rezoning of more than 25 acres. Commissioner Matthew McCabe submitted written comments for the records (memos from Commissioner Matthew McCabe dated January 31, 2005 and February 1, 2005). Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to classify this proposed action as a Type I action under the State Environmental Quality Review Act. Ayes all. ENVIRONMENTAL ASSESSMENT: Commissioner Stephen Towne said the City Planning Board and the County Planning Board are interested agencies that have supplied the Council with advisory opinions as noted above. Since the Council is the single involved agency and no other involved agencies are listed in Part I of the SEQR long form, the City Council will be the lead agency for the environmental assessment of this proposed action. The analyses of the potential environmental impacts of the proposed rezoning are set forth in Parts I, II and III of the SEQR full EAF(Environmental Assessment Form). This is an extensive document that comprehensively discusses the potential impacts. The next step is for the Council, as Lead Agency, to determine that the impacts have been adequately identified and discussed. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to accept Parts I, II and Part III of the SEQR full environmental assessment form as being accurate and complete. Ayes all. ENVIRONMENTAL SIGNIFICANCE OF PROPOSED REZONING: Commissioner Stephen Towne said the Council is now in a position to make a determination of environmental significance of the proposed rezoning. The Council has two options. The first is to determine that the proposed action will not result in any large or important impacts and that the action will not have significant adverse impact on the environment. If this option is chosen, the Council would issue a negative declaration. The second option would be to determine that the rezoning action may result in one or more large and important impacts that may have a significant adverse impact on the environment. If this option is chosen, the Council would issue a positive declaration and order the preparation of a draft environmental impact statement. Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 The City’s consultant, Behan Planning Associates, has prepared a draft negative declaration of environmental significance for the Council to accept and utilize, if the Council chooses to pursue the first option. This draft document has been distributed in advance of this meeting to the members of the Council. After reviewing the SEQR full EAF and the draft negative declaration, I am prepared to propose the issuance of a negative declaration. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded for the issuance of a negative declaration of environmental significance because the analysis of the information provided and presented in Part II and Part III of the Environmental Assessment Form, demonstrates that the proposed rezoning will not result in any large and important impacts, is one that will not have a significant impact on the environment, and therefore, a Draft Environmental Impact Statement will not be prepared. The reasons supporting this motion are presented in the draft negative declaration. Ayes all. Commissioner Stephen Towne said this completes the SEQR requirements for the proposed rezoning. ACTION ON REZONING: The Office of the City Attorney has prepared a draft ordinance for the adoption of the proposed zoning change. This draft ordinance has been distributed in advance of this meeting to the members of the Council. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded for the adoption of the following ordinance: BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. The official zoning map as defined in Section 240-2.1 is hereby amended to show and reflect a change in classification of the properties designated as Section 166.00, Block 3, Lots 1, 2, 3, 4. 5.1, 6.2 and 26 on the Assessor’s Map of the Outside Tax District of the City of Saratoga Springs from the current classification as Southern Weibel Avenue District (SWAD) to a classification of Rural Residential-1 (RR-1). These properties are located near the intersection of Lake Avenue and Gilbert Road and consist of approximately 123 acres. 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. Mayor Michael Lenz reminded Council members that at least four affirmative votes are required to pass the motion. Mayor Michael Lenz thanked everyone for coming this evening and for their comments. Rezoning this area to RR-1 is a win/win. Balancing preservation and the growing economy is a challenge. Preserving open space is critical. We need to make it clear that we won’t become like other communities with haphazard planning. Not rezoning to RR-1 would open the door for over development and unnecessary growth. The citizens deserve to have their voices heard. He will support the motion. He will also move forward on inclusionary zoning and invited everyone to stay for that conversation. Inclusionary zoning will make affordable housing a reality. Commissioner Matthew McCabe agreed with Mayor Michael Lenz. What the Council was doing this evening was to bring these parcels into compliance with the comprehensive plan. Affordable housing is a faith based initiative. The City needs to take the lead role and be courageous. Citizens need to be willing to live next to one another. The City needs to set new standards. The City can do this and we should set the example. Commissioner Thomas Curley said that in reference to Peter Looker’s comments it was not his campaign that Gail Anderson contributed to. He said the Council has been talking about this for quite some time and he in particular discussed this issue at a 2001 Council meeting. He hoped the Council was not sitting here three Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 years from now still talking about affordable housing. We all have a responsibility to maintain the quality of life of this community. He expects the interested people here this evening to keep up their interest and passion on the affordable housing issue. Commissioner Thomas McTygue said the residents should be proud. The vote tonight in favor of the RR-1 zoning is due to their pressure and not political pressure. He said he planned to announce an affordable housing initiative within the next two months. He said his next project is the largest piece of land that the City owns along High Rock Avenue. He was looking at developing that parcel in connection with the City Center’s development project to create additional parking spaces, commercial/retail space, affordable housing and space for City Hall. The City will be the first to bring about true workforce housing units and this project will be the first off the ground. He will then invite developers to take a look at this development. Commissioner Stephen Towne said the Council has many substantive issues before it such as parking, recreation, water and affordable housing. He encouraged those in attendance and others to continue to use the City’s WEB site and emails to contact Council members. He also encouraged residents to attend Council meetings. He said he would support this motion. Commissioner Matthew McCabe submitted comments for the record (memos dated January 31, 2005 and February 1, 2005). Ayes all. MAYOR=S OFFICE Inclusionary Zoning Committee Mayor Michael Lenz said the Council has been talking about affordable housing for many years. Recently there was a two day workforce housing summit where many good ideas were brought forward. He then announced the formation of the Inclusionary Zoning Committee to be chaired by Nancy Ohlin with the following members: Monte Frank, Amy Durland, Vilma Barahmia, Eric Schreck, Steve Sullivan, Tony Izzo, Brad Birge and Geoff Bornemann. Nancy Ohlin said affordable housing has been discussed since April 1993 and 12 years later here we are. She said she was pleased to chair this committee. The City should set the example for the state and other communities. She said inclusionary zoning would require developers who are developing residential units to set aside a certain number for affordable housing. She said there would be density bonuses, expedited permitting, waiver of fees, etc. She said currently developers could take advantage under the existing zoning laws, however, they don’t. She said issues that will be researched are: what would be affordable, moderate or low income, what are the standards for income, what size should the development be to trigger inclusionary zoning, what is the density bonus amount, is it fixed or will it be varied, what other incentives might be offered, how long must it be kept affordable, who will oversee the project, will there be capital gains, will they be rental or sale, is it new construction or rehabilitation, etc. She said she would develop a schedule of meetings and invite the community, speakers, housing authority representatives, developers and others to participate. It is her goal to have an ordinance to the Council within the next six months. She said that they would hire a consultant to guide them through this process. Commissioner Thomas McTygue asked what would happen to the projects that were already in the pipeline. Nancy Ohlin said the Planning Board could encourage them to take advantage of the existing density bonus. She said if the Council so desired they could discuss how they would like to handle those in the pipeline. Mayor Michael Lenz said at this time there are too many unanswered questions on how to handle inclusionary zoning, therefore, it would be better to wait until all of the questions have been answered. Commissioner Thomas McTygue said there are some proposals for hotels coming in soon and they are the ones who are creating the workforce housing issue. They should be providing some funds to go towards this housing need. Nancy Ohlin said that would need to be legislated by the Council. Mayor Michael Lenz said there is a committee that oversees the affordable housing trust fund and one of their charges is to increase that fund. He said both the public and private sector need to participate. He said the inclusionary zoning committee has Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 specific charges as well. Nancy Ohlin said there would be communication between both groups. Mayor Michael Lenz said the Council needs to take the lead. In the fall, the City will be proud of their accomplishments. Commissioner Matthew McCabe said some thought should be given to Moore Hall. Mayor Michael Lenz agreed and further stated that there will be conversations with Skidmore. The City needs to be creative. Nancy Ohlin said that ideas such as these will emerge through this process. Field Organizer Contract Mayor Michael Lenz said the proposed contract had been distributed. This contract is between Jacki Pardon and the City where she will act as the field organizer. The amount of the contract is $20,000 for her services as well as reimbursable expenses. Monthly reports will be submitted to the Deputy Mayor. There is a requirement for insurance which she will meet. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract as submitted with Jacki Pardon, contingent upon her meeting the insurance requirements, in the amount of $20,000 plus reimbursable expenses. Commissioner Matthew McCabe said there was $30,000 budgeted. He noted that the payment was in two installments one in 2005 and one in 2006. He clarified that the $30,000 would be carried over to2006 to make the second payment and no additional funds would be sought. Mayor Michael Lenz agreed. Jacki Pardon said it was an honor to serve in this position. The Media Center Committee would request to appear before the next Council meeting to discuss their field trip to a neighboring community to view their public access. Ayes all. Assistant City Attorney Pay Rate (05-19) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the payment to Tony Izzo for his services as Assistant City Attorney in the amount of $53,000/annually and for the Zoning Board of Appeals at $15,000/annually. The money was within the budget. Ayes all. Title Work for Spring Run Purchase Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to contract with Monroe Title Insurance for a title abstract in the amount of $1,250 for the portion of the land in Spring Run Trail that the City will acquire. He said he contacted three firms. Ayes all. ACCOUNTS DEPARTMENT Approval of January 18 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the January 18 meeting minutes that were previously distributed. Ayes all. Award of Bid - Street Trees Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for street trees to: - Schichtel’s Nursery for all of the trees except the Crimson King Maple (unable to provide that Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 tree) and to Garden Time in Queensbury for the Crimson King Maple for various prices (low bidders). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Flowers Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for flowers and supplies to Dehn’s Florist for various prices (only bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Zoning Amendment - Lake Avenue/Gilbert Road Previously discussed Zoning Amendment - Pedinotti Commissioner Stephen Towne said that pursuant to the Council’s request of December 8, 2004, the Planning Board reviewed the proposed zoning map amendments submitted by David & Diane Pedinotti to change the classification of about 0.118 acres of land at 1 York Street from Urban Residential-4 (multi-family residential) to Transect-6 (mixed use). The Planning Board discussed the request at their January 12, 2005, meeting. Following the discussion, the Planning Board voted 4-0 to issue a favorable advisory opinion on the proposed zoning map amendment with the following comments: 1. The Board believes that the proposed map amendment is not contrary to the general purpose and intent of the zoning ordinance, 2. The Board also believes that the proposed map amendment is in accord with the Comprehensive Plan designation of SDA for this area. He set a public hearing for March 1 at 6:55 p.m. The application will be sent to the County Planning Board for an advisory opinion as well. Zoning Amendment - Lodging Commissioner Stephen Towne said the public hearing will be held open until the March 1 meeting at 6:50 p.m. at which time a vote will be held. Local Law #2 -Parent/Grandparent Exemption Commissioner Stephen Towne requested that a public hearing be set for February 15 at 6:55 p.m. on a new local law providing parent/grandparent exemption. The legislation will be drafted by the City Attorney’s office and will be distributed to the Council. Risk & Safety Management Report Marilyn Rivers reviewed risk and safety management for 2004. In 2004 new policy and protocols were established on the AED program at Weibel Ice Rink, City Hall Emergency Evaluation and contract administration. The following insurance inspections were completed: boiler & machinery, senior citizens building and Weibel & Vernon Ice Rinks. The follow education programs were done: NYS Right to Know; Camp Saradac, City Hall Emergency Evacuation, CPR for DPW, Defensive Driving Training for DPW, Senior Citizen Fire Safety and Worker Safety. She said that $30,000 was placed in the budget for skate park safety needs. The City will see a reduction in property insurance due to the new fire alarm system at City Hall. The City will also see a credit for the Defensive Driver program. All ordinances that have recently been reviewed, now include the standardized insurance and indemnification clause. Marilyn Rivers said goals include increasing employee awareness on incidents of injury through education program, compliance initiative and checks & balances. The City is making an impact on the workers compensation claims. She also plans to increase community outreach, continue to standardized insurance and indemnification in contracts. She said there has been a successful partnership between her department and all City Hall departments that could not have been done without the support of the Council. Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 Commissioner Stephen Towne said Marilyn Rivers was hired about 18 months ago and she has been quite effective. Commissioner Thomas McTygue commended Marilyn Rivers for knowing her job and knowing how to get things accomplished. He said it was pleasure to have her working for the City and it was especially nice to see to see that not all appointments are political appointments. FINANCE OFFICE Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: January 21, 2005 -- $357,578.51 and January 28, 2005 B $472,366.88. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 2/1/05 5DEC04 $ 187,312.57 2005 regular warrant 2/1/05 1FEB05 $ 298,860.71 2005 mini warrant 1/31/05 MC013105 $ 2,590.00 2004 mini warrant 1/26/05 MC040126 $ 18,701.81 2005 mini warrant 1/26/05 MC050126 $ 378,756.69 Ayes all. Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded for the approval of the 2005 budget transfers previously distributed with the agenda (Attachment A). This set of transfers is listed separately, per the budget transfer policy, which requires that transfer requests from or to payroll receive separate Council approval: lines 1&2 B from the Dept of Public Safety, this transfer is necessary to cover part of the cost of new desks for the Public Safety Offices; lines 3&4 B from the Dept of Public Safety, this transfer is necessary to cover part of the cost of new chairs for the Public Safety Offices; and lines 5&6 B From the Dept of Accounts, to cover the cost of payment of comp time. Ayes all. Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2005 budget transfers previously distributed with the agenda as follows: lines 1& 2 B from the City Center, no explanation is necessary, as this transfer does not exceed 10% of the budget line appropriation and lines 3&4 B from the Dept of Public Safety, this transfer is necessary to cover part of the cost of new desks for the Public Safety Offices. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2005 budget amendments previously distributed with the agenda as follows (Attachment B) : lines 1&2 - from the Dept of Public Safety, this is a correction which requires a budget decrease. A 2005 budget amendment was put though at the 1/18/05 Council meeting for monies from NYS reimbursement of overtime incurred in EMT training in 2004, that should be attributed to 2004; lines 3&4 B from the Dept of Public Safety, this is a correction which requires a budget decrease. A 2005 budget amendment was put though at the 1/18/05 Council meeting for monies from Saratoga County for overtime incurred in HAZMAT training in 2004, Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 that should be attributed to 2004; lines 5&6 B from the Dept of Public Works, this is to use funds from the chair rental reserve to purchase a one man lift for the casino, which is necessary for plaster work, bulb changing, etc.; and lines 7&8 B from the Engineering Dept, this is a refund of a credit balance which was due to a credit or an overpayment on a vehicle repair. Ayes all. Annual Tax Resolution (05-20) Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded the following resolution: February 1, 2005 RESOLVED, that the City of Saratoga Springs, New York on this 1st day of February, 2005 at 7:00 p.m. adopt and confirm the 2005 Tax Roll carrying a levy on the inside district of $7,252,800.82 for the City and $4,026,953.63 for the County; total Inside District levy $11,279,754.45. Levy on the Outside District of $5,859,962.26 for the City and $3,265,102.46 for the County: total Outside District levy of $9,125,064.72 making a total tax levy of $20,404,819.17 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rates per one thousand dollars of assessed valuation. INSIDE DISTRICT RATES CITY $5.1068 COUNTY $2.817374 OUTSIDE DISTRICT RATES CITY $5.0778 COUNTY $2.817374 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the relevy of the 2004 Utility Tax in the amount of $332,138.04. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 Saratoga Lake Special Improvement Tax for the Saratoga Lake Improvement District in the amount of $76,139.75. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 Special Assessment Tax for the Saratoga Springs Special Assessment District in the amount of $68,998.47. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 Knoll Spring Park Water Improvement Tax for the Saratoga Springs Knoll Spring Water Improvement District in the amount of $40,195.80. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 West Ave. Special District tax for the Saratoga Springs West Ave Special District in the amount of $54,002.69. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 Gilbert Rd. Water District Tax for the Saratoga Springs Gilbert Rd. Water District in the amount of $20,068.26. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2005 omitted tax in the amount of $2,247.69 Ayes all. Affordable Housing Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 Commissioner Matthew McCabe withdrew this item from discussion. Revenue Commissioner Matthew McCabe said that while some revenues appear to be higher (room occupancy tax), the actual amounts received are less and those shortfalls need to be made up. He said there has been more public review and public hearings on budgets than in the past and he intended to increase the public overview. He will periodically report to the Council on the budget and where it stands. Commissioner Matthew McCabe said with Governor Pataki’s decision on the franchise for the race track, it was very likely that it was up for bid. He said there needs to be some home rule legislation on this matter. This will have a huge impact on this community. At the next Council meeting he will discuss the matter with the Council on the existing legislation that prohibits City’s with populations under 100,000 from partaking in the revenues generated at tracks. Both DPS and DPW expend additional time and money each year on track related activities. He said host communities should be able to obtain some of the revenue generated at the track. NYRA has been under a lot of fire on their past practices, however, they have been making strides. Before the state sells the franchise rights to the highest bidder, there needs to be some dialogue with NYRA. He intends to bring a resolution to the Council requesting that the laws be changed to allow the City to obtain some of the gaming revenue generated at the rack. Lake Avenue/Gilbert Road Previously discussed. Internal Audit Schedule Commissioner Matthew McCabe said that tentatively, internal audits would start in May. The first department to be audited will be Accounts. After that it will be DPW, DPS, Mayor, Recreation and then Finance. He said information on how this will be done will be distributed to Council members at a later date. DEPARTMENT OF PUBLIC WORKS Washington Street Drainage Commissioner Thomas McTygue said there have been some concerns expressed on this matter, therefore, he would withdraw it from discussion this evening. The firms were hired by the Council and there have been some cost overruns. However, there are always cost overruns with projects of this nature. Underground rock and utilities have been two major issues. He said when Commissioner Stephen Towne was ready to address this matter, it could be brought back on the Accounts Department agenda. DPW Sick Bank Request Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve up to 20 days from the DPW sick back for Ted Attanasio due to a serious illness. Ayes all. Disinfection Treatment at Water Treatment Plant Rich Straut, Barton & Loguidice, said that in 2003 the Council initiated a project to upgrade the water treatment plant disinfection system. He said Barton & Loguidice presented a report in 2003 to the Council noting that the City uses a gas chlorine system to disinfect the water. There are concerns with safety if there is a release of chlorine and/or chlorine gas. There are also regulatory issues and EPA continues to clamp down on those standards. He said a portion of this new disinfection system will address the EPA issues. He said they are recommending the combination of two disinfection systems. Ultraviolet light and chlorine. They will Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 be ready to bid the project in the spring. At the same time they reviewed the disinfection system, they also looked at upgrading the settling tanks. DPW has determined that it would be cost effective to package the work. There are also some site improvements that are necessary. He said the site work includes a small building approximately 16x16 to house the chlorine bleach and another area for containment if there is a leak from the truck. He said they looked at retrofitting the existing building, however, it was not possible. The estimated cost for the entire project (disinfection, chemical building and settling tanks) is about $1.3 million. He said the bid could be let in March, bid opening in April and construction during the spring and summer months. Commissioner Thomas Curley said police and fire departments and risk management should look at this project from a hazmat standpoint. Rich Straut said DPS had originally looked at the project, however, he would have them look at it again because of the recent changes. Commissioner Matthew McCabe clarified that this project would be funded from the water budget. Commissioner Thomas McTygue said yes. DEPARTMENT OF PUBLIC SAFETY Telephone Policy Commissioner Thomas Curley said he would bring this item back to a later Council meeting. Firefighter Positions Commissioner Thomas Curley said a correction needed to be made to the motion made at the last Council meeting on the firefighter positions. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded the four firefighter positions created at the last Council meeting are classified as training positions, thereby making them eligible for benefits. Ayes all. Accept Check from DBA Commissioner Thomas Curley announced that he received a reimbursement check from the Downtown Business Association for $1,770 for the Victorian Streetwalk. Towing Services Contract Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contracts with Matt’s Garage, East Side Garage and Carriage Traders for towing services. Ayes all. Commissioner Thomas McTygue asked that material for the agenda be distributed before the meeting. He said he did not have the opportunity to review any of these contracts before the meeting. Saratoga County Fire Mutual Aid Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Saratoga County for Fire Mutual Aid. This is a yearly contract. Ayes all. Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 1, 2005 Addition to the Agenda - Beekman Street (05-21) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to add the Beekman Street item to the agenda. He said it was due to an oversight that it was not listed as an item to vote, although it was listed as an item under the public hearing. Ayes all. Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to approve the ordinance change making Beekman Street from Grand Avenue to Washington Street one way. Ayes all. SUPERVISORS Anthony Scirocco said the affordable housing issue is a tough issue but commended the Council for taking these steps this evening. He reminded everyone that several years ago the South Franklin Street home project was an affordable housing project for the City. Anthony Scirocco said the County currently shares 50 percent of the admissions tax with the City and that was done without any home rule legislation. He said he supported home rule legislation on that matter though. He also agreed that while NYRA has had some problems, they have done a good job at the track. He said he would like to see NYRA stay. Commissioner Matthew McCabe said there needs to be local support on NYRA maintaining control. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Matt Dill acknowledged Commissioner Thomas McTygue comments from earlier this evening. He said he does work in Albany with Sean Thompson. Commissioner Thomas McTygue said the purpose of this public forum is not for political reasons. Nancy Goldberg said there have been some rumors that the Interlaken water system is being sold to the City and they would like some information on that issue. There being no one else wishing to speak, Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:40 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 14 of 14