City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 1, 2005 5:30 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: Phil Klein, Supervisor ABSENT: Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Erin Dreyer, Deputy Commissioner DPS Alicia Farone, Deputy Mayor Deborah Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:30 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session to discuss land acquisition and CSEA labor contract negotiations. Mayor Michael Lenz reconvened the meeting at 7:10 p.m. PUBLIC HEARING Lodging Zoning Amendment Commissioner Stephen Towne said this is a public hearing on a set of zoning map and text amendments relating to lodging establishments that have been developed by the City’s Joint Zoning Amendment Workgroup. These amendments are the next step in updating the City regulations relating to rooming house, bed & breakfasts and other lodging establishments. In 2003 there was a committee to review the licensing procedures which resulted in new licensing procedures in 2004. This action builds on the lodging definitions and categories created for licensing and applies them to the zoning ordinance. The public hearing was open. Susan Steer said the neighbors in the Phila Street, Caroline Street and Nelson Avenue opposed the inclusion of those streets in the corridors. Lou Schneider, 5 Vallera Road, member of the Planning Board and the Joint Workgroup said the Workgroup was formed in 2003 with a list of 53 amendments to review. To date, 21 have been approved. He said the workgroup has met several times to discuss the amendments to the City’s Zoning Ordinance in connection with bed & breakfast and lodging establishments. He said it was a Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 complicated issue. On September 15, the group presented recommendations to the Council, those recommendations then went to the Planning Board, the Planning Board made significant changes including the elimination of the rooming house definition and the elimination of Phila Street, Caroline Street and a portion of Nelson Avenue from the corridor. The Joint Workgroup then reviewed those changes and came to consensus to eliminate Phila Street, Caroline Street and a portion of Nelson Avenue from the corridor. Commissioner Stephen Towne noted that the elimination of Phila Street, Caroline Street and a portion of Nelson Avenue from the ordinance. There being no one else wishing to speak, the public hearing was closed. Pednotti Zoning Amendment Commissioner Stephen Towne said that pursuant to the Council’s request of December 8, the Planning Board reviewed the proposed zoning map amendments 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 and issued a favorable advisory opinion 4-0 vote on the proposed zoning map amendment noting that the proposed map amendment is not contrary to the general purpose and intent of the zoning ordinance and that it is in accord with the Comprehensive Plan designation of SDA. The Saratoga County Planning Board noted that there was no significant county wide or intercommunity impact. The public hearing was opened. There being no one wishing to speak, the public hearing was closed. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:10 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz reviewed the rules of conduct. He noted that at past Council meetings there have been some comments made that may not have been appropriate. He said the public comment period is not the opportunity for the public to make negative comments about individual Council members. He said if a member of the public continues to make inappropriate comments, that individual will not be allowed to speak during the public comment period. Dave Bronner, 5 Royal Henley Court, said at the last Council meeting there was some discussion on sales tax. He said Commissioner Matthew McCabe made a comment that the City made more on sales tax than projected. He said the taxpayers are owed information on what the City would have gotten had we stayed in the County formula and how much the City had lost as a result of leaving the County formula. He said City residents recently saw a 21 percent increase tax increase. Dave Bronner said on February 8 the residents of this City sent a message to the school board by defeating the vote on installing an NFL style field at the high school. He said he was the only individual to speak out against it at that meeting. He noted that the school board brought in Anthony Weaver, NFL player, who then encouraged the City residents to approve this referendum. He noted that Anthony Weaver does not live in the City, therefore, does not pay taxes here. He said Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 when the Council develops the budget this year there needed to be cuts and he did not care if it was done through staff reduction. He said residents can make a difference by speaking out. Dave Bronner then said that there was an incident at the City Center that is now in the criminal courts. He said that an official of the City has made comments that the incident was accidental. He suggested that public official show up at court and swear that it was an accident. Kyle York, 59 Railroad Place, said he hoped that City officials would review the County’s proposal on water as thoroughly as they did with the City’s proposal. He said the soil at the site where the County plans to place their intake is contaminated. Soil samples indicate 37,737 parts per million on the river bank. Under the river sediment rates at 86.5 parts per million. Safe drinking water is limited to 0.5 parts per billion. Health effects of pcb contamination include acne, hearing and vision loss, irritation of nose/throat, changes in liver function and cancer. Pcbs release slowly. EPA said there is only one treatment method for pcb removal which is done through granulated activated charcoal. The County is proposing a membrane filtration system. Peter Tulin, 40 Sarazen Street, thanked Dave Bronner for his comments on the sales tax situation. He said Commissioner Matthew McCabe needed to produce numbers that show what the City got and lost over the entire history of the County collecting the sales tax. He believed the City lost close to $40 million. The City would be in better shape with the $40 million and would not have City taxes like many surrounding towns. It is important for the Council and the residents to look at all of the numbers and not since we withdrew. Maureen Dawson suggested that the City look at the water fees. She said she never uses her full minimum amount but she still has to pay the minimum. There is no incentive to conserve. Rates should not go down when using more. She suggested that the Town of Clifton Park water rate structure be looked at. Commissioner Matthew McCabe said he continues to look for new sales tax revenue sources. He found many companies last year that were not reporting correctly and he hoped to find more. The reality is that the City has a million dollars more in sales tax revenue. He said it was a half a million more than budgeted and the City exceeded last year’s collection by one million dollars. He said the state has told him that they would not be able to break down the money that the City would have gotten over the years. It is difficult to decipher their reports. Companies are doing amended returns but the state does not have the technology to break it down to what the City would be looking for. The important point is that those companies are now correctly reporting and filing. Commissioner Thomas McTygue said the City is looking at our water rates. Clifton Park users pay three times what City water users pay and Town of Wilton users pay five times what City users pay. The minimum fee of $20.90 covers the cost of lines, fire hydrants, maintaining the system, etc. It is not just for the water. He said the City is looking at the possibility of a flat rate per thousand and is also looking at reporting the numbers differently. He said they are also looking at the commercial water rates. MAYOR=S OFFICE Rotary Proclamation (05-033) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Whereas one hundred years ago the members of Rotary International began their distinguished service to their communities, to our country and to the people of our world, and Whereas, over the years Rotarians have been active in a tremendous variety of humanitarian, educational, and community programs. They have provided medical aid, founded scholarships, supported commerce and industry, promoted home and garden shows and worked tirelessly to bring their message of goodwill and peace to everyone, and Whereas, our own Saratoga Springs Rotary Club was chartered in 1925 and now enjoys a diverse membership of more than 100 Saratogians. Their donations over the years to local causes have exceeded one million dollars, Now therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to join my fellow Saratogians in congratulating the more than 1.2 million Rotarians in over 31,000 Rotary Clubs worldwide on their first century of unsurpassed public service, and to wish them continued success as they meet the challenges of all the years to come. League of Women Voters - Recommendation on Cable Renewal John VanDerVeer, 20 Marion Place, Vice Chair, Media Center Project Committee, said this is a broad based committee reviewing the possibility of a media and technology center in the City of Saratoga Springs. He said a petition with an additional 144 signatures in support of the media center was submitted to Council members. He said now that Jacki Pardon had been hired she would be able to assist in finding and negotiating for an expert consultant. He said the City needs to pay for this consultant. He said the committee is recommending that any amounts received from the cable fees over and above the $270,000 already going to the general fund be used to fund the renewal process. He noted that all except for five percent of the monies collected from the cable fees have gone to the general fund. He said the original intent of the FCC was that part of the franchise fee be used for telecommunications costs including cable access and franchise renewal matters. He said if the franchise fee remains the same or decreases it is still recommended that a portion of the funds go to fund the renewal process. Barbara Thomas, co-president League of Women Voters, said they fully support this project. It is important for this community to have public access. Any funds expended by the City over and above the $270,000 for the negotiations process will come back to the City through public access and value to the community. It is important for the Council to support these recommendations and to use the money for this purpose. League of Women Voters B Trip to Pittsfield Media Center Jacki Pardon, 11 Ten Springs Drive, co-chair of the Media Center project, said the committee recently made a trip to Pittsfield to look at their media center. She said PCTV has three channels - public, government and entertainment. There are 20,000 homes in that community hooked to cable. Although the surrounding communities don’t pay into the project fund, they do pay for use of the studio and rental of equipment. They have a production studio, two digital cameras, multiple lighting and video conferencing ability. They have an annual budget of $40,000 which comes mostly from the franchise fee. Massachusetts law mandates that their franchise fee goes to telecommunications. They also obtained 50 cents per subscriber which goes to their general fund. There is a membership fee to use the studio and rentals fees for equipment. Non-members pay a higher user fee. They have four robotic cameras in their Council room so that meetings are televised Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 and they also have a swivel head camera on a cart so that they can broadcast from other rooms. They have a staff of two plus one volunteer who run the system. She said they rarely do live broadcasts, although they have the ability to do so. They also have a mobile unit. Commissioner Matthew McCabe asked how many subscribers there are in the City. Jacki Pardon said between 10,000 and 11,000. He suggested that some thought be given to finding used analog equipment rather than new digital equipment. Jacki Pardon said that was a good point and would be considered. Jacki Pardon said at some point she would request an executive session to discuss financing. Deeds for Estate of Oscar Anderson Matthew Dorsey said that Oscar Anderson purchased three parcels from the City at a tax foreclosure sale. The properties are on the south side of the City on Cleveland and Garfield Avenues. Oscar Anderson died before recording the deeds from the City and his son’s attorney has asked that the deeds convey the property to the Estate of Oscar Anderson. He asked for proof that his son is executor of the estate and that a search is done to determine if the original deeds were not recovered and proof had been provided for both. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the property (178.52-3-7, 178.52-3-9 and 178.60-1-5) be conveyed to the Estate of Oscar Anderson. Ayes all. Walls & Fence Zoning Ordinance Amendment - Article 240-12.7 Matthew Dorsey said a recent revision to the Zoning Ordinance inadvertently left out Article 240- 12.7 on walls & fences. He said it was simply an oversight. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the amendments to Article 240-12.7 for study and to forward it to the Planning Board for an advisory opinion. Ayes all. Appointment - Administrator of Planning & Economic Development Mayor Michael Lenz announced the appointment of Brad Birge as the Administrator of Planning & Economic Development effective March 2. He said this was a promotional appointment. ACCOUNTS DEPARTMENT Approval of February 15, 2005, meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the February 15 meeting minutes. Commissioner Matthew McCabe requested a minor change to page 12 noting that it was agreed that the funds from the County for the Hub lot parking deck will go to the general fund, therefore, the County is not an involved agency and that Council members agreed with that statement. Ayes all. Award of Bid - Cab & Chassis Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for the cab and chassis to Hawthorne Chevrolet for $26,200 (low bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Hydraulic Dump Trailer Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the hydraulic dump trailer to Versatile Trailer Sales of Gansevoort for $10,389.90 (only bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid: Truck Tarping System Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the truck tarping system to T&T Sales of Latham for $2,026 each (low bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Motor Vehicle Filters Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for motor vehicle filters to Spa Automotive of Saratoga Springs at 76 percent off manufacturer’s price (only bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Appointment & Reappointment - Board of Assessment Review (05-034) Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded the appointment of Tim Doherty to the Board of Assessment Review to fill the unexpired term of L. Clifford VanWagner ending on September 30, 2008. Ayes all. Commissioner Stephen Towne said that Tim Doherty is a lilfelong Saratoga Springs resident, graduated from SUNY Plattsburgh and is the father of two children. He noted that he is a local real estate agent and will make a good addition to the Board of Assessment Review. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to reappoint Vaughn Woodworth to the Board of Assessment Review with a term that expires on September 30, 2009. Ayes all. Commissioner Stephen Towne said Vaughn Woodworth has been on the Board of Assessment Review for the last three years and is currently a real estate agent. He brings excellent experience and value to the process. Pednotti Zoning Amendment (05-035) Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 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 ASDA@ for this area. Also on file is the Saratoga County Planning Board decision noting that there is no significant county wide or intercommunity impact. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to issues a negative SEQR and to amend the zoning from Urban Residential-4 to Transect 6. Ayes all. Lodging Zoning Amendment (05-036) Commissioner Stephen Towne said this is a proposed set of zoning map and text amendment relating to lodging establishments that have been developed by the City’s Joint Zoning Amendment Workgroup. These amendments are the next step in updating the City regulations relating to rooming, housing, bed & breakfast establishments and other lodging establishments. In 2003 there was a committee that reviewed the licensing procedures for food and lodging establishments. That resulted in the adoption of new licensing procedures in 2004. This step builds on the lodging definitions and categories created for licensing and applies them to the zoning ordinance. In December the workgroup slightly revised their original set of amendments by dropping Phila Street, Caroline Street and a portion of Nelson Avenue from the proposed Corridor Lodging Overlay District. Commissioner Stephen Towne said the revised and final set of amendments would: 1. Expand the districts where Neighborhood Bed & Breakfast Establishments (1- 4 rooms) and Neighborhood Rooming Houses (1-5 rooms) could be located with the issuance of a special use permit to any district where single and two family homes are permitted. 2. Create a Corridor Bed & Breakfast Establishment (6-10 rooms) and a Corridor Rooming House (5-10 rooms) and permits them to be located in commercial districts and within the Corridor Lodging Overlay District with the issuance of a special use permit. 3. Create a new category of Inns (11-25 rooms) and permits them to be located only in commercial districts and within the Corridor Lodging Overlay District with the issuance of a special use permit. The City Planning Board, on a vote of 4-1, issued an unfavorable advisory opinion on the proposed zoning amendments and offered their own alternative set of amendments. These were returned to the Joint Development Board and were considered as part of the December revisions which have previously been distributed to the council. Also on file is the Saratoga County Planning Board decision noting that there is no significant county wide or intercommunity impact. Commissioner Stephen Towne said that Part I and II of the SEQR long environmental assessment form have been completed and distributed to the City Council. Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded for the classification of this action as a Type I action, for the acceptance of Part II of the SEQR long environmental assessment form as being accurate and complete and for the issuance of a negative declaration of environmental significance because the analysis of the information provided and presented in Part II of the Environmental Assessment Form demonstrates that the proposed zoning amendments will not result in any large and important impacts and therefore, is one that will not have a significant impact on the environment. Commissioner Matthew McCabe said there was a fax received late today from Lorraine Tharp and asked for clarification that what the Council is voting on is what was sent to the Planning Board. He said it was a technical question from Lorraine Tharp. Matthew Dorsey explained that the only difference between what was sent and what is being voted on is on page two. He said that the corridor streets were changed and Phila Street, Caroline Street and Nelson Avenue between High Rock Avenue and Union were eliminated. He said it was important to note that this was the only change to the document. Ayes all. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded for the adoption of the proposed set of zoning map and text amendments relating to lodging establishments that have been developed by the City’s Joint Zoning Amendment Workgroup. Ayes all. Contract/Change Order Procedures (05-037) Commissioner Stephen Towne said there have been meetings with Engineering, DPW, Finance Dept. and the City Attorney’s Office concerning the Washington Street project. Issues reviewed were: a) questions regarding the engineer’s original determination of the amount of rock to be excavated. The City Attorney is reviewing the contract to find out what, if any, recourse the City may have regarding this issue; b) questions regarding the project cost and change orders being handled by DPW and the City Engineer’s office; and c) the need for formalized procedures to be followed in future change order situations. Draft procedures on contract/change orders were previously distributed to Council members. He said changes made to that policy since distribution include: a)emergency service situations need to follow not only the charter guidelines but also the City’s purchasing policies; b) contract amendments and change orders that exceed $20,000 shall be reviewed by the City Attorney and the Risk and Safety Manager as per our contract review check list protocol and c) the City Engineer, upon consultation with the Commissioner of Public Works, shall be able to approve on site changes in price of $20,000 or less; d) miscellaneous grammatical edits. It was noted that “purchasing policies” needed to be added to #3. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the Contract/Change Order Procedures as presented and discussed (Attachment A). Bill McTygue asked if the City Engineer had reviewed this revised copy particularly the $20,000 limitation. Commissioner Stephen Towne said they had spoke about a one percent cap and not the $20,000 number. He said these procedures give the City Engineer the authority to authorize Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 changes on site up to the specified limit. He said the City Engineer will not be able to act without consultation with the Commissioner of DPW. Ayes all. Special Livery Ordinance Commissioner Stephen Towne said the following members have been appointed to the Special Livery Ordinance Review Committee: Gavin Landry, Convention & Tourism Bureau, chair; Joe Dalton from the Chamber of Commerce, Dawn Oesch, chair of the DBA, George Hathaway from NYRA, Bob Giordano from the Transportation Committee, Kristine Healy, chair of the Jefferson Street Neighborhood Association, possibly a Skidmore student representative, Marilyn Rivers, Risk & Safety Manager & Debbie Harper, Deputy Commissioner, Accounts. If Council members wanted participation on this committee, they may do so. Meetings will be held in March and April and he planned to schedule a vote at the May 2 Council meeting. FINANCE OFFICE Approval - Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: February 18, 2005 - $374,288.86 and February 25, 2005 - $362,323.91. Ayes all. Approval - Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 Regular Warrant 3/1/05 1MAR05 $121,355.35 2004 Mini Warrant 2/23/05 MC040223 $ 496.50 2005 Mini Warrant 2/23/05 MC050223 $362,187.08 Ayes all. Approval - Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 Budget Transfers (Attachment B) previously distributed with the agenda. 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 these were deleted; lines 3&4 B From the Accounts Dept, the Records Management office received an award from the NY St Archives Local Government Record Management Improvement Fund in the amount of $7,357 for a files management project in the Civil Service Office. (The grant award and project were accepted by City Council on 7/20/04.) Part of the project is to hire a part time clerk to set up a new file system in the Civil Service Office. This transfer is to remove money Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 from the Civil Service grant equipment account to a payroll line for that part time hire. Ayes all. Approval - Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 Budget Transfers (Attachment C) previously distributed with the agenda. Lines 1& 2 B From the Dept of Engineering, to cover the cost of membership dues to American Society of Civil Engineers. Lines 3&4 B From the Dept of Recreation, because there are not enough funds on this line item to cover the cost of the course. Lines 5&6 B From the Accounts Dept, the Records Management office received an award from the NY St Archives Local Government Record Management Improvement Fund in the amount of $7,357 for a files management project in the Civil Service Office. (The grant award and project was accepted by City Council on 7/20/04.) Part of the project is to hire a part time clerk to set up a new file system in the Civil Service Office. This transfer is to remove money from the Civil Service grant equipment account to the social security line for that part time hire. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 Budget Amendments (Attachment D) previously distributed with the agenda. Lines 1&2 - From the Dept of Public Works, this is money received from the insurance company for damage to decorative street light (said reimbursement was not budgeted). Lines 3&4 B From the Dept of Public Safety, this is money from the County of Saratoga for overtime that was incurred on DWI (Grant) in January 2005. Ayes all. Art Exhibit Commissioner Matthew McCabe said he had a request to have a photo exhibition in City Hall, however, there was some concern expressed about the City’s liability and safety of the photos. He said he would like to give the artist community an opportunity to show their material and he would like to offer his office. Therefore, the photos would be behind locked doors and not in the hallway. Mayor Michael Lenz said that there are some art and sculptures in his office. He said perhaps there should be a rotating program throughout City Hall of art displays. Having each office do something would be good for the arts community. WASAD Annual Accounting Matthew Jones, representing the West Avenue Special Assessment District, said the annual accounting of the WASAD (Attachment E) had been distributed to Council members. This is an annual statement which provides a financial accounting. The total of the West Avenue project was approximately $1.4 million which is shared between the City and the WASAD. The project came in very close to the projections. The agreement between the City and the SAD was that each would pay half and their share would be paid back to the City over a period of 25 years. The balance owed to the City is $644,000. There is an outstanding claim by DOT for $337,000 with respect to CCI (contractor). The City and the WASAD do not share the same view as DOT on the change order. They have met with Senator Bruno, Alicia Farone and Matthew Dorsey on this matter. The claim Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 remains unresolved. It could impact both the City and the WASAD. There is $61,000 remaining in an undedicated fund and they recommend that it remain in that fund to be used for the CCI outstanding claim if need be. Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to accept the West Avenue Special Assessment District Annual Accounting as of December 31, 2004. Ayes all. Commissioner Thomas McTygue asked Matthew Dorsey to talk to the owners of the Medical Arts building about the two broken street lights. Matthew Dorsey said he passed on that request and the owners of the building do not believe that they own the lights, therefore, they do not believe they are responsible for repairing them. Commissioner Thomas McTygue said that the matter will be turned over to the City Attorney. He said the City does not own the lights. DEPARTMENT OF PUBLIC WORKS Wading Pools Commissioner Thomas McTygue said the City has $65,000 in a line item to cover the cost of retrofitting the wading pools. He said the estimated cost to renovate the pools is approximately $45,000 per pool bringing the total to about $180,000 to $200,000. He has approached the school system and asked if the $25,000 (total for 2005) that the school gives to the City each year for capital improvement to the recreation fields may be used for these pools. He is awaiting an answer. If the school district allows the use of those funds for the pools then two pools could be done this year. He would like to bid all four pools to see what the cost would be. There are four pools, east side, west side, south side and Geyser Road Park. The City Engineer’s office is currently working on the specifications and he hoped to have at least two of the pools renovated by the beginning of the summer season. Mayor Michael Lenz encouraged Council members to seek out funding for this renovation from other sources. He would like to see all four pools done this summer. Commissioner Matthew McCabe asked exactly what was the City looking for in the bid specification. Bill McTygue said there are several companies that specialize in this type of work. He said there are the complicated, extreme water parks down to something more simple that is more functional with fountains and sprays. He said he was looking at the more simple type fountains. They plan to retrofit the existing wading pools with fountain fixtures, a concrete overlay and some sprays. It will be a recirculated, chlorinated system. Commissioner Matthew McCabe asked if the school district originally constructed the pools. Commissioner Thomas McTygue said the pools were existing at the recreation fields when the City took over maintenance of the fields. Commissioner Stephen Towne asked if the Memorial Day time schedule would still be able to be met. Bill McTygue said that depends on the contractor. He said it was his intent to minimize the delays with this project. Water Meter Purchase Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Commissioner Thomas McTygue said the City had previously standardized to Sensus Water Meters. Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to approve the purchase of water meters from E.J. Prescott for 2005 at the 2004 prices. They are the exclusive distributer of Sensus Metering Equipment in New York State. He said they plan to purchase more than $100,000 worth of meters this year. The money is in his budget for this purchase. Ayes all. Flags on Broadway - Saratoga Hospital Commissioner Thomas McTygue said he had been contacted by Saratoga Hospital about hanging banners along Broadway for their fundraising campaign. Saratoga Hospital will purchase 50 flags and DPW will hang those flags. Washington Street Change Orders Commissioner Thomas McTygue said there was still the outstanding issue of the Washington Street Change Orders. He said the Council needs to deal with paying that vendor for that work. Commissioner Stephen Towne said he was waiting for Commissioner Thomas McTygue to bring the item back to the Council for discussion. Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to add the Washington Street Change Order matter to the agenda. Ayes all. Commissioner Stephen Towne said he believed that the newly adopted contract/change order policy could be followed to make payment to the vendor. Commissioner Matthew McCabe asked if by authorizing payment on these changes orders would it impact the City Attorney’s research on the legal matters of this contract. Commissioner Thomas McTygue said if there was still confusion on this matter he would withdraw this request and let the Council figure it out before it is brought back to the table. It was again noted that the contract/change order policy could be used. DEPARTMENT OF PUBLIC SAFETY G&R Development - Set Public Hearing Commissioner Thomas Curley requested that a public hearing be set for April 5 at 6:45 p.m. on the G&R Development zoning and comprehensive plan amendments for 2250 Route 50. Commissioner Thomas Curley said it also needed to be forwarded to the County Planning Board and he would follow up on that matter. Aggressive Driving Grant (05-38) Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the grant application for the aggressive driving program. Ayes all. Storage Container Ordinance - Set Public Hearing Commissioner Thomas Curley requested that a public hearing be set for March 15 at 6:45 p.m. on the storage container ordinance. He said this would be a new chapter in the City’s Code. Commissioner Thomas McTygue said he would like the issue of the large dumpsters being placed in the City’s right of way addressed. SUPERVISORS Phil Klein said the County expects the permitting process for the upper Hudson to be completed by 2006. Preliminary design work continues. The engineers have met with NYS Parks and Recreation and the intake area has been moved approximately 1,000 feet north of the original area. The County has met with their engineering firm, Creighton & Manning. Eight contracts for the system will be let. With multiple firms working in multiple sections, the work will be completed more quickly. The final documents on the membrane system are being completed. There are three firms in the country that do the membrane process. There is some concern that the water could be too clean. The chair of the County Water Committee appointed a subcommittee to review the proposals received from attorneys. The list of seven proposals will be narrowed to three and a determination will be made at a special meeting or the first meeting in April. There has been some discussion on home rule legislation. They are about 80 temporary or permanent easements required and they are working on obtaining them. Phil Klein said the County is also looking at instituting the veterans exemption that the Council adopted at their last meeting. Commissioner Thomas McTygue asked if the letter that he requested be sent to the County at the last meeting had been sent. Mayor Michael Lenz said yes. Commissioner Thomas McTygue asked for a copy of that letter. Commissioner Thomas McTygue asked who would pay for the county water system. Phil Klein said it would be user paid. Commissioner Thomas McTygue asked who had committed to this water system. Phil Klein said that Congressman Sweeney had pledged $10 million from the federal government and the County is still looking for other sources of funding such as the environmental facilities corporation for a loan. Senator Bruno has also pledged funds. He said this would be a user paid water system. Commissioner Thomas McTygue said he believed the biggest user would be the chip plant in Malta. He also asked how the towns could absorb the additional costs of constructing distribution centers. He said the Town of Saratoga is 10 to 15 miles from where the pipes will be laid. Phil Klein said the towns have expressed an interest and they are aware of what is necessary. He again said it will be user paid. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Kyle York said he had questions about the membrane filtration technology system. He said the EPA states that there is only one way to remove pcbs and that is through the activated charcoal system. He said the County proposal will require as much information on the upper Hudson and the Niagara Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 1, 2005 Mohawk site as was done for the Saratoga Lake proposal. He said the biggest question is the concentration of pcbs in the core samples. Commissioner Thomas McTygue said DEC is still not releasing information to the City on their latest requests. Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:05 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:05 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 14 of 14