City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 15, 2005 6:15 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 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 Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 6:15 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session to discuss litigation (Anderson & Wilton ZBA matters) and the Interlaken Water System Council members returned at 6:45 p.m. PUBLIC HEARING Storage Container Ordinance Commissioner Thomas Curley said this proposed ordinance was in connection with storage containers being left at various locations throughout the City for extended periods of times. He said Commissioner Thomas McTygue also expressed a concern with the dumpsters being left in the right- of-way. Commissioner Thomas Curley said it was his intention to extend the public hearing to the next meeting, therefore, there would be no vote this evening. He said his office is still doing some research and outreach on this matter. Commissioner Thomas McTygue said he would like his department included in those discussions. Tony Izzo said within the ordinance there is a section that allows DPW to review the proposed location of the dumpster. Commissioner Thomas McTygue suggested that there be some fee attached to this approval. Tony Izzo said that was being looked at. He said that the fee could be based on the number of days that the container will be in place. Mayor Michael Lenz opened the public hearing. Molly Gagne, 22 Vichy Drive, President South Westside Neighborhood Association, distributed pictures of storage containers that have been left for long periods of time in their neighborhood. She said that one particular roll off dumpster had been there almost two years. This is not acceptable in a residential neighborhood. It creates public safety hazards with animals scrounging around the Page 1 of 19 container. She said it was one thing when there was a dumpster left while there was construction, but another matter when the dumpster simply remained. Joseph Carney, 44 Tamarack Trail, said he was in support of some type of ordinance to deal with this issue. He said there is a difference between a dumpster and a storage container. Homeowners need to have a reasonable amount of time to have a dumpster but again it needs to be reasonable. They have a problem in their neighborhood and it needs to be solved. Raoul Gagne, 22 Vichy Drive, said their neighborhood needs to be cleaned up. They don’t want to prohibit neighbors from having a dumpster, but want to limit the amount of time that it stays. Commissioner Thomas Curley said he was aware that there needs to be a reasonable amount of time and this proposed ordinance will give them the ability to control this matter. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Henry Street/High Rock Avenue Comprehensive Plan Amendment Mayor Michael Lenz said this is a public hearing on a proposed map amendment for the City’s Comprehensive Plan that would change the classification of about a five acre area in the general vicinity of Henry Street and High Rock Avenue from the current classification of HDR-2 (High Density Residential-2 to a classification of HDR-3 (High Density Residential-3). This comprehensive plan amendment requires that if the zoning for this area is going to be changed from UR-4 to UR-4A. All zoning must be in compliance with the density cap established in the Comprehensive Plan. On file is the favorable advisory opinion from the County Planning Board. Mayor Michael Lenz opened the public hearing. Barbara Triphalek, 211 Circular Street, said she appreciated the amount of time that City staff had spent on this matter. She said the neighbors in this area will keep a close eye on this matter and they will insist that there be no height increases at the northern end (near Spring Valley) and no higher than four stories at the southern end. She said this is not an extension of the downtown area. Ed Linder, 180 Circular Street, urged the Council to adopt this proposal to both the comprehensive plan and the zoning ordinance. He thanked Council members for meeting with the neighbors. Susan Murray, 175 Circular Street, thanked City staff for listening to their concerns. She said she supported the UR-4A zoning. Commissioner Stephen Towne said there was an email received from Ann Diggery which alerted the Council to the fact that there were concerns from the neighbors. He said this proposal was a good consensus. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Henry Street/High Rock Avenue Zoning Amendment Mayor Michael Lenz said this is a public hearing on a petition from four property owners along Henry Street and one property owner on High Rock Avenue for a zoning text and map amendment that would create a new Urban Residential-4 Zoning District and change the classification of six parcels in that area from Urban Residential-4 to the new Urban Residential-4A district. The Planning Board, on a vote of 6-1, issued a favorable advisory opinion on the proposed zoning text and map amendments provided that there be a corresponding amendment in the Comprehensive Page 2 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Plan. On file is a favorable advisory opinion from the Saratoga County Planning Board. Also on file is the required proof of notification to the adjacent property owners. Mayor Michael Lenz opened the public hearing. Carol Shortsleeves, Circular Street, said she appreciated the efforts of Mayor Michael Lenz and Commissioner Stephen Towne on this matter and in particular the height issue. She thanked them for listening to the neighbors. 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 7:05 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz reviewed the rules of conduct. He noted that speakers who did not adhere to those rules would be asked to stop speaking. He said there had been some discussion in adjusting the rules of conduct. Dave Bronner, 5 Royal Henley Court, said he wanted to set the record straight about the incident at the City Center on December 14. Mayor Michael Lenz said that was not pertinent to the Council meeting. Dave Bronner said he also wanted to address the matter of the charges. Mayor Michael Lenz said that was not pertinent to the Council meeting. David Bronner thanked Commissioner Matthew McCabe for his position on the grand jury report. John Crouse, 227 Grand Avenue, reviewed the section of the charter where the Mayor has the authority to require any Department to report to the Council on the status of any function, program or project. Kyle York, 59 Railroad Place, said he is a chemical engineer and he also wrote papers for industrial corporations. He said the Council needs to ask questions on the upper Hudson water alternative. He said he was concerned with the remediation plan that the County may use. Pcbs measure 37,737 parts per million in the dirt on the soil banks. Safety guidelines show acceptable levels at .005 parts per million. He said the County is saying that they can clean up the Pcbs but he was concerned. Eileen Finneran, Round Table Road, said she supported the proposed resolution to be presented later this evening to release the grand jury report. She said she fully supported Chief Edward Moore. He is a career police official and this report needs to be made public. Joe Carey, President, PBA, the morale within the PBA membership is at an all time low. He said he hoped the Council would support the resolution. This has been an eight month long investigation with many false accusations. He said the report needed to be released which would open everyone’s eyes as to what is really going on. Darlene Burke said she welcomed the proposed YMCA building. She asked that communications be kept open with the neighbors though. Page 3 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Gene Waters, 34 Wedgewood Drive, said the Council needs to make the right choice. He said there was so much more to be heard on the grand jury report. He said if this report is opened there are many more issues that will be brought out. This should have been an internal matter. Doing the right thing may not necessarily be the popular choice for the Council. The right thing to do is to keep it behind closed doors and deal with it internally. MAYOR=S OFFICE Anderson Law Suit (05-042) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to engage Mark Schatner, attorney, at $130/hour to provide legal services in connection with the Anderson law suit. Ayes all. Visitor Center - Donation Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to accept the following donations: Bank of America $2,575, Saratoga Teachers Credit Union $600 and Saratoga Arts Council at $2,000. Ayes all. YMCA PUD Zoning Amendment Mayor Michael Lenz said the City has received a petition from the Saratoga County YMCA to create a new Planned Unit Development District on 25 acres of land off of West Avenue. The Council needs to decide if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mike Toohey, attorney representing the applicant, said this is a 25 acre parcel on the west side of the City on the east side of West Avenue. They propose to construct a 70,000 square foot YMCA that will benefit the entire community for years to come. They are requesting a PUD because of the uniqueness of this application. They need flexibility to establish a community campus style, commercial development project. The 25 acres will ensure that the land will remain viable for many years. He said they hoped to have an expedited process and begin construction this year with conclusion by the middle of next year. They still need to raise $10 million. He requested that the Council accept the proposal and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz said there had been some discussion between the YMCA and the City on the City acquiring some land in that area. He said if those discussions come to fruition, there could be an amendment to the PUD. Mike Toohey said the YMCA envisions a community center in this area. He said the existing YMCA was constructed in 1971. This is the next generation YMCA. Commissioner Stephen Towne said this is an exciting project and all should be behind this. He asked about the completion date. Mike Toohey said they hoped to complete the project by the end of 2006. They want to be as expeditious as possible. They would like to have the structure closed in before the snow falls in the winter. Commissioner Stephen Towne informed everyone that he had an Empire Zone amendment on his agenda later this evening in connection with the YMCA. Page 4 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to accept the petition for a PUD amendment for study and to forward it to the City Planning Board for an advisory opinion. Ayes all. Volunteer Policy Mayor Michael Lenz removed this item from his agenda. Demolition by Neglect Ordinance Carrie Woerner & Nicole Clark, Saratoga Springs Preservation Foundation, reviewed with Council members the proposed local law to preserve buildings. She said there are 1,100 properties with historic or significant importance in the City that need to be protected. There was a survey of these properties which showed that 20 percent of those properties showed severe neglect. Severe neglect is not lack of painting but rather it threatens the life and character of the building. There are a variety of reasons why buildings are not taken care of included: owners not being capable, lack of funding, vacancy, absentee landlords and owners who own too many buildings. She said sometimes owners choose not to maintain properties. She said there is the belief that market forces drive the viability of buildings, but she said that doesn’t always work. Some properties are simply left to rot. There are existing laws and ordinances to punish owners, however, there are no provisions to save the structures. There are also many important buildings throughout the City that are not located within the historic district that could be demolished without any protection. She then showed some of those structures along Grand Avenue, Phila Street, Lafayette Street and Excelsior Avenue. Carrie Woerner said they are proposing a local law with two articles: the first is for maintenance of City landmarks located in an historic or architectural review district and the second is for the delay of demolition of historically or architecturally significant buildings located outside the historic and architectural review districts. She explained that article one requires owners to maintain their properties and more specifically defines what is not allowed. This section of the ordinance will enable code enforcement to address neglect issues. There are time frames included in the proposed local law that would not allow the process to be carried out too long. There are also penalties for noncompliance. She then reviewed the time frames and the penalties. She also noted that they were not looking for redundancy and they reviewed similar City ordinances to ensure that there is no redundancy. Carrie Woerner said under article two it would be required that there be a final SEQR determination prior to demolition. Significant properties could be incorporated into historic districts. Those properties determined to be lacking in significant importance would be demolished without further review. She said the Design Review Commission would be added to provide an advisory opinion to the Council on whether a parcel should be included in the historic district. Carrie Woerner said the proposed local law has been in development for several months with many, many reviews. She said they reviewed City codes and ordinances, state laws, case laws, statutes, etc. Individuals including city staff, city boards, local attorneys and developers were invited to participate in crafting this local law. Carrie Woerner said the next step was to refer it to the Planning Board for an advisory opinion. Page 5 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Commissioner Thomas McTygue asked if this local law would apply to the entire City. Carrie Woerner said it would apply to the entire City. Commissioner Thomas McTygue asked what would happen to the homeowner who wanted to demolish their porch - would they be required to go through this process. Carrie Woerner said yes, however, there were time frames which would speed up the process. Demolition by Neglect Ordinance, Accept for Study and forward it the Planning Board Mayor Michael Lenz withdrew this item from his agenda. 2005 Community Development Block Grant Funding Brad Birge said the 2005 Community Development Block Grant Funding proposal was forward to the Council for their review. He said they had applications in excess of $600,000 and they had only $444,000 to allocate plus $22,000 from reprogrammed funds. He requested a public hearing be set on this matter. Rich Ferguson, chair of the review committee, thanked the committee members for their many hours of service. He said they met seven times, had two public hearings and reviewed 15 applications. He said they believed the proposal as submitted best meets the needs of the City. Mayor Michael Lenz requested that a public hearing be set for April 5 at 6:30 p.m. Administrator of Planning and Economic Development Position (05-43) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to clarify that the position of Administrator of Planning & Economic Development be reinstated and that Brad Birge be appointed to that position effective March 25, 2005 at Grade 18, step 4. Appointments Mayor Michael Lenz withdrew this item from the agenda. Wading Pools Mayor Michael Lenz said the proposal is to have the wading pools retrofitted to be fountains which will then comply with DOH regulations. He said $65,000 had been included in the capital budget but it was estimated that the cost could be as high as $200,000. He said he had spoken to several local organizations. The Saratoga Foundation is willing to help out although they did not yet specify a dollar amount. Commissioner Thomas McTygue said his department has met with several contractors on the type of system to be installed. He said the City would be able to do some of the work such as removing the existing pools. He said the bid would be ready to go out next week and then they would have a better idea of the cost of doing four fountains. He said they plan to design all pools the same and of the Page 6 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 same size at 40 feet in diameter. He said he also talked to the school system and they have agreed that the $25,000 that they give the City for the recreation field maintenance can be used towards construction of the new fountains. Commissioner Matthew McCabe asked about the schedule. Commissioner Thomas McTygue said he hoped to hire a contractor at the April 5 meeting. He said demolition work could start immediately. There also needs to be some electrical work. Commissioner Matthew McCabe said he supported the Council’s efforts in looking for additional funds. He said he is looking internally to see if there are any funds available. Commissioner Stephen Towne said that to date the Council has $65,000. He said the Council agreed that they wanted to do all four pools. He has talked to the CDBG Committee and they have included in their recommendations $20,000 for the pool/fountain. He also made a request to the Saratoga Springs Housing Authority for $25,000 for the southside recreation field pool. They gave him a positive indication that they would review this when reviewing their budget. He said that he was also proposing to reallocate $25,000 from the voting machine capital account to the pool/fountain. He said that he has been assured by the Saratoga County Board of Elections that the City will not need those funds this year. He also made calls to state and civic officials and local organizations. He is confident that all four pools will be funded. Mayor Michael Lenz said this is good news. Executive Session Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 8:10 p.m. to discuss personnel issues. Ayes all. Council members returned at 8:20 p.m. Grand Jury Report Resolution (05-039) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, a Grand Jury was impaneled to investigate certain matters involving public servants in the City of Saratoga Springs and did thereafter file with the Honorable Judge John S. Hall, Jr., County Judge for Warren County, New York, a report of their findings (“the Grand Jury Report”) pursuant to New York State Criminal Procedure Law Section 190.85, and WHEREAS, on or about March 1, 2005, Judge Hall did make an order accepting and filing the Grand Jury Report as a public record, and WHEREAS, said order of Judge Hall and the Grand Jury Report were sealed by the court pending service upon the public servants named therein and their opportunity to submit answers thereto, and WHEREAS, Judge Hall will decide thirty-one days or more after the date of the Court’s order accepting and filing the Grand Jury Report whether to confirm the Court’s order, and WHEREAS, the City Council of the City of Saratoga Springs finds that the interests of the government and the citizens of the City of Page 7 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Saratoga Springs will be served by the filing of the Grand Jury Report as a public record, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs does hereby respectfully request that the Honorable Judge John S. Hall, Jr., confirm the Court’s order of March 1, 2005, filing the Grand Jury Report as a public record. Commissioner Thomas Curley said there should be justice for all not just a certain few, but for all. He said this resolution is immoral and unethical and the Council should not be asking an individual to give up her constitutional rights. The Council is overstepping its duties as outlined in the charter. He was appalled that the Council wanted to deny someone their constitutional rights when there is a war in Iraq fighting for those same rights. She is innocent. Perhaps there was some interest in burning or hanging her. Individuals cannot be compelled to testify against themselves. She has 20 days to present her case. There has been eight months of hostility. She is a courageous woman and her family should be proud. Neither of the parties named in the report has the ability to release the report, only the judge can do that. All this resolution does is create a wrong against an innocent person. The grand jury report is full of accusations and there is no indictment. Perhaps we should just put the scarlet letter on her. Commissioner Matthew McCabe said morale is low in City Hall and that should be addressed. The Council owes it to the employees. There has been no criminal indictment though. He said the thought that because tax dollars were spent on this report, therefore, it must be released only stands to say that all grand jury reports should be released. We have to follow the intent of the law. The man who just shot individuals in a court room in Atlanta has received his rights and due process. We have to respect the process and let it run its course. Business can still be conducted in City Hall. This resolution does nothing. There was no criminal activity. He would not support the resolution. Commissioner Stephen Towne said the report should be released in due time. This has been going on too long with no end in sight. He was moved to take this position because it has become increasingly clear that all five Council members serve at the pleasure of the public. The Council has made great efforts to make government more open and transparent to the public. This is not an action against colleagues. It is an attempt to represent the public and their voice on a City matter. There are many important matters on the Council’s agenda. This needs to be made public and then put behind us. He will support the resolution. Mayor Michael Lenz said he understood there was a possibility that this resolution may not pass, but transparency of the government was important. The resolution itself names no individual. The individuals involved have the opportunity to review the material for 31 days. This resolution simply puts on the table the Council’s position and it also gives the Council the opportunity to discuss the matter. We should get beyond this matter. Commissioner Thomas Curley said that as a private citizen the Mayor is entitled to his opinion, but when his opinion becomes the will of the body, that was a different story. He quoted that “accusation by report is as indistinguishable as accusation by indictment.” He said this is just that - accusation with the potential to harm. This report has the potential for condemnation without affording the accused the ability of any protection. This resolution adds to the series of mistakes. The Council is asking this individual to give up her constitutional rights. He would not support this resolution. It was wrong. Commissioner Thomas McTygue said there are all kinds of rumors, remarks, innuendo goingaround. No one has seen the report except for those individuals. In order to get beyond this, it needs to be Page 8 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 brought out in the open. This resolution will not influence the judge. He will make his decision regardless of this resolution. This needs to be discussed by the Council though. We are all public officials working for this community. He went through a similar grand jury process many years ago and his was a witch hunt. His was made public and it did not bother him. It should not bother any public official to bring this out into the open. He will support the motion. Ayes: three (Commissioner Stephen Towne, Commissioner Thomas McTygue and Mayor Michael Lenz); Nays: two (Commissioner Matthew McCabe and Commissioner Thomas Curley). Motion carried. ACCOUNTS DEPARTMENT Approval of March 1, 2005, Council meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the March 1 Council meeting minutes. Ayes all. Award of Bid - Tree Removal Service Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Tree Removal Service to Donovan Tree Service of Mechanicville for $415.00/item #1, $525.00/item #2 and $750.00/item #3 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Grass Seed Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Grass Seed to UHS Verdicon for $.78/mixture #1, $1.14/mixture #2, $.88/mixture #3 and $.92/mixture #4 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Field Marking Lime Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Field Marking Lime to Green Management of Glens Falls for $3.12 per 50 pound bag (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Printed Poly Bags Upon the recommendation of the Department of Public Works, Commissioner Page 9 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for printed polyethylene bags to All American Poly of Piscataway, NJ, in the amount of $145.75 per thousand (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Port-a-John Rental Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for port-a-john rentals to Portable Restroom Rentals of Catskill in the amount of $15/per unit/per week plus $8.50 per unit/per week/per extra cleaning (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Grave Marking Flags Upon the recommendation of the Mayor’s Office, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for grave marking flags to Metro Flag Company of Dover, NJ in the amount of $1,598.40 for 18 2 gross of American flags (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Precast Manholes, Catchbasins, etc. Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for precast manholes, catchbasins, drywells and frames & covers to The Fort Miller Company of Schuylerville in the amount of $24,585 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Water & Sewer Pipe Fittings Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for water & sewer pipe fittings, hydrants, valves to Vellano Brothers of Latham in the amount of $259,764.25 (only bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Rejection of Bid - Microfilming Vital Records Upon the recommendation of the Records Department, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to reject all bids for the microfilming vital records. This bid was sent to 13 companies and only one response was received. The dollar amount bid for this project exceeded the dollar amount allocated in the grant. Ayes all. Page 10 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Commissioners of Deeds Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne appointed the following individuals as Commissioners of Deeds with a term of two years: Edward Moore, James Cornick & Michael Salisbury. Henry Street/High Rock Avenue Comprehensive Plan Amendment (05-44) Commissioner Thomas McTygue recused himself because he is one of the applicants. Commissioner Stephen Towne said that pursuant to the Council’s request of November 16, a set of meetings between the neighbors and the petitioners of the Henry Street/High Rock Avenue zoning amendments. As a result of those meetings, a new alternative solution emerged. There was a consensus to move forward with a new Urban Residential-4A District designation for both the Henry Street and High Rock Avenue area. Because of the slight increase in permitted density for the UR-4A district, this zoning change also required a slight modification in the Comprehensive Plan to change the designation of this area from High Density Residential-2 (HDR-2) to High Density Residential-3 (HDR-3). The amendment is for a map amendment to the comprehensive plan that would change the classification of about 5 acres in the general vicinity of Henry Street/High Rock Avenue from the current classification of HDR-2 to a classification of HDR-3. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded for the classification of the proposed comprehensive plan amendment as a Type I SEQR, for the issuance of a negative SEQR determination and for the adoption of the comprehensive plan amendment to HDR-3. Ayes all. Henry Street/High Rock Avenue Zoning Amendment (05-45) Commissioner Stephen Towne said the Planning Board reviewed this UR-4A proposal and by a vote of 6-1 agreed to issue a favorable advisory opinion on the new UR-4A proposal. The Board did review alternative approaches (such as keeping the area UR-4 or rezoning to T-4 or T-5), but found that the UR-4A approach received support from the neighbors and petitioners. The Board concluded that the proposed UR-4A zoning was in accord with the general intent of the zoning ordinance and would be compatible with the comprehensive plan if the map amendment was made. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to classify the action as a Type I SEQR action, to issue a negative SEQR determination and to approve the zoning amendment to UR-4A. Ayes all. Commissioner Thomas McTygue resumed his seat on the Council PILOT from Omni Development Corporation Commissioner Stephen Towne said that he recently met with Duncan Barrett, Chief Operating Officer of Omni Development Corporation, to discuss their request for a PILOT agreement on the proposed affordable/workforce housing project proposed for the Stonequist property on West Circular Street. Subsequent to that meeting, he circulated information to Council members. He said that it was intent to meet with the workforce housing group, the west side neighborhood representatives to discuss the project and would be happy to include any Council member in any these discussions. Once the proforma financials are received from Duncan Barrett, he would share it Page 11 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 with the Council. Commissioner Thomas McTygue requested that he be informed of any meetings on this matter. Empire Zones (05-46) Commissioner Stephen Towne said there was a request from the Saratoga Economic Development Corporation for the Council to authorize the Mayor to write a letter of consent on behalf of the Council to add 2.370 acres of Empire Zone for the YMCA on West Avenue and to recapture 8.971 acres of Empire Zones from various properties that no longer qualify for Empire Zone certification in the City of Saratoga Springs. He said SEDC has contacted the affected property owners and has set up a grievance process for those being removed from empire zones. Shelby Schneider said SEDC is asking for two things: a) to add 2.5 acres to the Empire Zone and to recapture 8.97 acres throughout the City that no longer qualifies. She said a new YMCA is needed due to increased members (6,500 to 9,000). The Broadway facility is no longer sufficient to accommodate the membership. It also has no parking and is a safety problem. The new YMCA will create 50 new jobs in the first three years and retain the existing work force of 225. The cost of the project is approximately $11,575,000. Including this parcel in the Empire Zone will allow the applicant to apply for Empire Zone capital credits which will enhance their fundraising activities. Shelby Schneider said that they are also requesting to recapture 8.971 acres of previously approved empire zones that no longer qualify. She said they have spoken to the property owners in the matter including the grievance process. Shelby Schneider said if the Council supports this proposal, SEDC will submit the package to the state. If the state approves, then it will come back to the Council with a formal resolution. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign a letter of consent to Ken Green, SEDC, on behalf of the Council to add 2.370 acres of Empire Zone for the YMCA on West Avenue and to recapture 8.971 acres of Empire Zones from various properties that no longer qualify for Empire Zone certification. Commissioner Thomas McTygue clarified that this applicant would still need to adhere to the City’s zoning and planning regulations. Commissioner Stephen Towne said yes. Commissioner Stephen Towne said that the two key issues this evening are the approval of including the 2.37 acres and recapturing the 8.971 acres. He said there were also new jobs being created. Ayes all. Purchasing Policy Commissioner Stephen Towne said the draft policy was distributed on Friday. Some of the changes include the addition of definitions, addition of a chart which explains how to obtain quotes/bids/RFPs/RFQs, more concise language on the bidding process, explanation on the waiver of competitive bidding, clarification on year end purchases and information on improper purchases. He asked that Council members review the draft and get back to him by March 31. It is his intent to bring this back to the next Council meeting for a vote. Once the policy is adopted, then companion procedure documents will be developed. Page 12 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Commissioner Thomas McTygue requested a meeting with City staff for more discussion on this proposed policy. Commissioner Stephen Towne agreed. Wading Pools Previously discussed. Voting Machine Contract with Library Commissioner Stephen Towne said the contract between the City and the Saratoga Springs Public Library for the use of our voting machines was distributed with the agenda. This contract allows the library to borrow three voting machines for their elections which will be held on April 14. This contract has been reviewed by the City Attorney’s Office and the City’s Risk & Safety Manager. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the contract with the Saratoga Springs Public Library for the use of our machines for their elections. Ayes all. Builders Risk for Insurance Hub Parking Garage (05-47) Commissioner Stephen Towne said it is necessary for the City to purchase a builder’s risk policy for the Hub Parking Deck. Builder's Risk is property insurance that covers damage to property in the course of construction, in transit or on the lot. This coverage will protect the City for this property while it is used in the construction process. The term of the coverage is for one year with the potential for renewal if needed. Four quotes were received for the full value of the project and they ranged from a low of $2,204 to a high of $3,935. Harry Buccifero, Marshall & Sterling, has recommended that the City purchase the insurance from the Hartford Insurance Builders Risk Policy for the sum of $2,204. This money was budgeted for the 2005 as an encumbrance carry over. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to purchase the Builders Risk Policy from Hartford Insurance in the amount of $2,204. Ayes all. FINANCE OFFICE Approval - Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the following payrolls: March 4, 2005 - $385,165.16 and March 11, 2005 - $331,402.05 Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the following warrants: 2005 Regular Warrant 3/15/05 2MAR05 $322,696.97 2005 Mini Warrant 3/9/05 MC1,AR05 $371,789.50 Page 13 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Ayes all. Transfers - Payroll None Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 Budget Transfers (Attachment A) previously distributed with the agenda: Lines 1- 4 B From the City Center, no explanation necessary. Ayes all. Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2005 Budget Amendments (Attachment B) previously distributed with the agenda: lines 1&2 - from the Mayor’s Office, to facilitate payment to NYSDOT for traffic signal at Route 9P and Crescent. Funds to pay for project coming from various developer deposits held in trust fund, lines 3&4 B from the Accounts Dept, city reimbursed for property damage to street sign at Caroline and Broadway by Ryder truck, Ryder claim number 001-1318103-001-606CP, Lines 5&6 - From the Accounts Dept, city reimbursed for property damage to streetlight on Church Street, claim number 4735147151, lines 7&8 B From the Dept of Public Safety, this budget amendment is necessary to establish an appropriation for DARE Donations and facilitate the processing of all related expenses for DARE Programs and Trips, and lines 9&10 - From the Dept of Public Safety, set up budget lines for this and all future Navy PILOT payments and related expenditures. Ayes all. Fees (05-48) Commissioner Matthew McCabe said the proposed 2005 fees had been distributed with the agenda. He reviewed the changes noting the increases. If fees are changed throughout the year, they will be brought to the Council. Some ordinances such as the dog ordinance are currently under review, therefore, there could be a fee increase. Commissioner Stephen Towne noted that many fees are dictated by state regulations. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 fees as presented (Attachment C). Ayes all. Asset Reporting & Budgeting Policy (05-49) Commissioner Matthew McCabe said the Asset Reporting & Budgeting Policy had been distributed to Council members. He noted that the changes had been noted in that draft. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the Asset Reporting & Budgeting Policy as presented (Attachment D). Ayes all. Public Hearing & Special City Council Meeting - Change to Capital Program Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded Page 14 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 to set a public hearing for March 22 at 8:30 a.m. on the proposed change to the capital program in connection with the wading pools and that the public hearing be followed by a special City Council meeting at 8:35 a.m. where he would also bring forth the bond resolution. Ayes all. Wading Pools Previously discussed. City Center Update Withdrew. DEPARTMENT OF PUBLIC WORKS 2005 Water & Sewer Rates Commissioner Thomas McTygue requested that a public hearing be set for April 5 at 6:20 on the proposed 2005 water and sewer rates Engineering Examination of Interlaken Water System Commissioner Thomas McTygue said last week he distributed a proposal for engineering services in relation to the examination of the Interlaken Water System. This involves the exploration of the possibility of the City acquiring that system. The cost of the proposal is $11,000. Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to approve the contract with Barton & Loguidice in the amount of $11,000. This contract is contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. Wading Pools Previously discussed. Church Street Parking Deck William McTygue, Director, Utilities, said that LaChase Company was scheduled to start work tomorrow on the Church Street Parking Deck. He said there have been some good discussions with the contract and with the nearby properties owners. He said there are agreements with the nearby property owners. At the April 19 Council meeting the contractor will make a presentation to the Council on its final plan. South Broadway Resolutions (2005-40) & (2005-41) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded the following resolution: Page 15 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Resolution 2005-40 Establishment of the City of Saratoga Springs as Lead Agency Under the State Environmental Quality Review Act (SEQRA) Regulations, for the South Broadway/Ballston Avenue Rehabilitation (P.I.N. 1754.55) WHEREAS, the City of Saratoga Springs, as owner of the subject State Highway, is currently progressing a project to rehabilitate 0.8 km of NYS RT 9, from 125m (410 feet) north of West Fenlon Street to a point approximately 50m (164 feet) north of the Ballston Avenue/West Circular Street intersection; and WHEREAS, the City of Saratoga Springs has previously entered into an agreement that establishes Barton & Loguidice, P.C. as its engineering consultant for the South Broadway/Ballston Avenue Rehabilitation Project; and WHEREAS, the project is classified as an Unlisted Action under the SEQRA regulations (6 NYCRR Part 617), based upon review by the City’s engineering consultant for the project, thereby requiring a determination of significance to be made; and WHEREAS, the City of Saratoga Springs seeks to be established as the project Lead Agency; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs be established as the SEQRA Lead Agency for the South Broadway/Ballston Avenue Rehabilitation Project. Ayes all. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded the following resolution: Resolution 2005-41 To Determine, as Lead Agency under the State Environmental Quality Review Act (SEQRA) regulations, that the South Broadway/Ballston Avenue Rehabilitation Project (P.I.N. 1754.55) will not have a significant effect on the environment. WHEREAS, the City of Saratoga Springs has been established, by Resolution No. 2005-40 as the State Environmental Quality Review Act (SEQRA) Lead Agency for the South Broadway/Ballston Avenue Rehabilitation Project (P.I.N. 1754.55); and WHEREAS, the City of Saratoga Springs has previously entered into an agreement that establishes Barton & Loguidice, P.C. as its engineering consultant for the South Broadway/Ballston Avenue Rehabilitation Project (P.I.N. 1754.55) Project; and WHEREAS, the project is classified as an Unlisted Action under the SEQRA regulations (6 NYCRR Part 617), based upon review by the City’s engineering consultant for the project, thereby requiring a determination of significance to be made; and WHEREAS, the City’s engineering consultant has provided an Environmental Assessment Form (short form), based on engineering and environmental studies performed during the design development of the Page 16 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 project; and WHEREAS, the information contained in the Environmental Assessment Form (short form), a copy which is annexed hereto and made part hereof, has been reviewed by the City; and WHEREAS, in consideration of the information provided in the Environmental Assessment Form (short form), it is reasonable to conclude that the South Broadway/Ballston Avenue Rehabilitation Project will not have a significant effect on the environment, and that the preparation of a Draft Environmental Impact Statement will not be required; and WHEREAS, the reasons supporting this determination of no significant effect are set forth in the “Notice of Negative Declaration”, which is annexed hereto and made part hereof; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs, as the SEQRA Lead Agency, hereby determines that the South Broadway/Ballston Avenue Rehabilitation Project (P.I.N. 1754.55) will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not, therefore, be prepared; and, be it FURTHER RESOLVED, that the City is hereby authorized and directed to sign the attached Environmental Assessment Form (short form) at the bottom of Page One thereof (“Determination of Significance”); and, be it FURTHER RESOLVED, that the Clerk of the City is hereby directed to establish and maintain a file readily accessible to the public containing the SEQRA documents referred to herein, and the City’s resolutions pertaining to the SEQRA aspects of the project; and, be it FURTHER RESOLVED, that the City Attorney is hereby directed to satisfy the notice and filing requirements as prescribed in Section 617.12 of the SEQRA regulations, for this project. Ayes all. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to hire Barton & Loguidice to additional design services near the diner on South Broadway. He said there are some drainage issues and temporary easements that need to be addressed in order to install a turning lane. The cost of hiring Barton & Loguidice for those services is $73,000. The cost to the City will be $11,450. There is $105,000 in this line item. This project is scheduled for construction in 2006. Commissioner Matthew McCabe asked if the funds could be used in connection with the turning lane. Paul Male, City Engineer, said he was not sure, however, would be checking into that matter. Zoning Board Commissioner Thomas McTygue said there had been some discussion recently weeks on the lack of Planning & Zoning Board of Appeals meeting minutes being available within two weeks. He said according to open meetings laws, they must be available and he questioned what legal position that put the City in. He asked that this be looked into. Page 17 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 Mayor Michael Lenz said the meetings are available on tape, therefore, there is no violation on the City’s part. He said the City is looking into the process. Commissioner Thomas McTygue said there was a particular set of minutes that he was looking for and he did not want the tape but would rather have the hard copy. Farmer’s Market Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to add the Farmer’s Market matter to the agenda. Ayes all. Commissioner Thomas McTygue reported that the Farmers Market Association recently submitted a check to him for nearly $5,000 for 1,630 vendors at $3 per vendor/per day. He said he is discussing grounds improvements with the Farmers Market association. DEPARTMENT OF PUBLIC SAFETY Card Scan Grant (05-50) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the card scan grant application. Ayes all. Commissioner Thomas Curley said this grant would improve technology and reduce redundancy. Crossing Guards Retroactive Pay to January 1, 2005 (05-51) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to make the recently approved pay increase for crossing guards retroactive to January 1, 2005. Ayes all. Firefighter Beach Donation of Sick Time (05-52) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to allow firefighters to donate sick time to an off duty firefighter and to allow that firefighter to cash out the donated sick hours as well as cash out his own sick hours. Ayes all. Bullet Proof Vest Grant (05-53) Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the Bullet Proof Vest Grant application from DCJS for 20 vests at a total of $12,800. A match of $6,400 is required. Ayes all. SUPERVISORS Phil Klein said that the legislative committee recently packaged a program which was forwarded to the full County board. This program includes: 1) Request the state cap local medicare expenses; 2) Request the state to restructure its outdated reimbursement for nursing homes and Alzheimer and dementia (the County loses between $5 and $6 million each year; 3) The County supports Page 18 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 15, 2005 constitutional amendment barring unfunded mandates on local governments. 4) Oppose closing of Mt. McGregor (creates the lost of between 200 and 250 jobs) 5) Oppose elimination of the National Guard at Schenectady airport (there are considerable number of residents in Saratoga County working at that airport); 6) Support continuation of empire zone development program. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Kyle York, 59 Railroad Place, said it has been difficult to find core samples in the upper Hudson area. There are 37,373 parts per million of Pcbs in the area where the County plans to construct the intake. He said it needs to be determined if Niagara Mohawk cleaned the entire site or only the footprint of the building. He said that at various locations in this area the core samples show 1,700 parts per million. There needs to be more core samples. He was concerned about the membrane filtration system. The only way to filter out Pcbs is through activated charcoal. 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 9:30 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 19 of 19