City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 5, 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: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Alicia Farone, Deputy Mayor (left 8:15 p.m.) Deborah Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:37 p.m. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 5:37 for the purposes of the Shaw litigation, Wilton Parcel Litigation and Behan Planning matters. Ayes all. Council members returned at 6:20 p.m. PUBLIC HEARINGS Water & Sewer Rates Mayor Michael Lenz opened the public hearing on the Water & Sewer Rates. Bill McTygue, Director Utilities, said DPW is proposing to adopt water and sewer rates for the first quarter bills only. Copies of the new rates were circulated last week. The rates for the first quarter are a continuation of the 2004 rates. They are also looking at developing new water & sewer rates that are more compatible with the concerns expressed by homeowners. They will return to the Council with an amendment to this resolution at a future date. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Community Development Block Grant Mayor Michael Lenz opened the public hearing on the Community Development Block Grant. Brad Birge said that at the last Council meeting the Council was presented with the recommendations of the CDBG committee for the 2005 program year. There were 15 applications received totaling more than $600,000. There have been two public hearings and plus tonight’s on this matter. The Council will be asked to vote on these recommendations at the next Council meeting. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Page 1 of 16 Storage Containers Mayor Michael Lenz opened the public hearing on storage containers. Commissioner Thomas Curley said that this public hearing will be continued to the next meeting. Tony Izzo said they were still working on the exemption levels and the size of the container for home use. A draft policy was sent to Code Enforcement today. Commissioner Thomas Curley said that he planned to have the Council vote on the matter at the next meeting. Commissioner Thomas Curley said this public hearing would be continued to the next meeting. G&R Development Zoning Amendment Mayor Michael Lenz said this is a public hearing on a petition from G&R Development to rezone the property at 2211 Route 50 from Rural Residential-1 to Urban Residential-4. He said this matter will not be voted on this evening as originally planned, but the public hearing will go on. Mayor Michael Lenz opened the public hearing on the G&R Development Zoning Amendment. Charlie Morrison said the Council should not support the proposed comprehensive plan and zoning amendment proposal. It should be rejected. The Planning Board issued an unfavorable advisory opinion. The principles are the same at the Anderson case but the constraints of the location are worse. We all want affordable housing, but the developers need to know that they must operate within the comprehensive plan. The Council sent a message on the Anderson case and should do so again. Changing the zoning at this location will have a domino effect. There is no city water in this area. The proposed wells would draw down on an aquifer that is already under stress. This is a landlocked parcel. There are extensive wetlands in this area. The Council should not support this proposal. Rick Fenton, Spring Street, asked that the gateway to the City be preserved. The City has a comprehensive plan and zoning ordinance. The Council should not respond on a regular basis to such requests. If the Council is doing so, then the value of the comprehensive plan should be questioned. The zoning should not be changed on a piece meal basis. The Council should preserve the existing zoning. Greg Birch, his mother is Virginia Parker, owner of the 100 acre farm that borders this parcel, said they oppose the change. The rural nature of the area should be preserved. The proposed high density housing will destroy the rural atmosphere. There is substantial wildlife in this area including Karner Blue butterflies. This proposed development will place civilization right down the middle of the wildlife’s habitat. Affordable housing is necessary but this is not the correction location. The City should consider using some of the bond money to acquire this parcel and expand the green space area to the Woods Hollow Nature Preserve. Debbie Kwazneski, 63 Gilbert Road, asked if there was another new proposal for this parcel, would another public hearing be required. Commissioner Thomas Curley said that if there is a new proposal, another public hearing would be required. She said she did not understand how the County could issue a favorable advisory opinion. She suggested they had their own agenda and further questioned whether they are obligated to provide any analysis of their decisions. Molly Gagne, 22 Vichy Drive, said she was glad to see the preservation of the Anderson parcel and this parcel deserved the same consideration. Dennis Brunelle, 3 Holly Drive, said he supported this project and any other project that produces affordable housing. The City needs workforce housing which is not the same as low income housing. The SSHA has a waiting list of 211 families and there are another 311 families looking for Section 8 housing. In recent months there have been two proposals before the City which included workforce housing and both have been denied. The City is at a critical juncture in that it is becoming a place for the wealth. Debbie Zetterstrom, 93 Adams Street, said she had sympathy and appreciation for providing workforce housing. She knows what it is like to find affordable housing. However, her mother received notice last week Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 with information on maintaining the green space area and now there is a proposal to develop the area. She said this location is closer to Ballston Spa than the City and homeowners would likely be more identifiable as residents of Ballston Spa. She said that creates confusion, based on her history of living in that area, in obtaining emergency services. The zoning ordinance should mean something and neighbors should not have to continue to come back to meeting after meeting on these matters. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. G&R Development Comprehensive Plan Amendment Mayor Michael Lenz opened the public hearing on the G&R Development Comprehensive Plan Amendment. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz reviewed the rules of conduct and then opened the public comment period. Fred Clark, 40 Walton Street, said he was here this evening because of his concerns about the new parking deck. He said he was unaware that Long Alley would be closed and only found out yesterday. He said now the City wants some easements from him. He and his neighbors are very concerned about this project and are not happy with the way it is going. There is concern with trucks traveling through the alley. He just found out that the main entrance to and from the alley will be at the rear of his parcel. It is a terrible decision by the Council to close the alley. Dave Bronner, 5 Royal Henley Court, said that in a recent edition of the Post Star it stated that the City has lost $4.2 million in sale tax revenue. That was a huge loss. He urged the Council to talk to the County to attempt to stop this loss of funds. He said at this rate a 21 percent tax increase could look small next year. Second on the water matter he said that it was interesting to hear at a recent meeting at Skidmore in a conversation between Phil Klein and Phil Diamond they both agreed that the proposed water source would be a supplemental water source. He asked why the City would want to spend between $17 and $24 million on a supplemental water source. He said the Council made the right decision by going with the County’s plan. Kyle York, 59 Railroad Place, said he had sent e-mails to the Commissioners on the County supervisors recent reaction to the information he gave them on the Pcb dump on the river. He said it is a hot spot area and he showed the dangerous levels. He also submitted the documentation to the supervisors. There was an illegal dump along the river and the proposed intake is close to that location. He said there was some clean up, however, the second part of the plan to pull the sediment was not done so the Pcbs are still in the sediment. John Kraus, 227 Grand Avenue, said he spoke to the Council last year about the tax increase. In 2004 the increase was 21 percent and in 2003 it was 14 percent. The rate should have been below $5.00 for City residents. There was not consensus by the Council to adopt the budget. He has been attending school board meetings concerning their budget and their rate is at about $13.31 per thousand. They have, however, absorbed a $2.5 million pension adjustment and have only a 4 percent tax increase proposed. If adopted their new rate will be at $12.91. It’s not too early for the City to begin working on the budget for next year and to target a rate below $5.00 per thousand. It is likely that the sales tax revenue will be higher next year. If the school district can maintain its rate, the City can too. Wilma Koss, 160 Kaydeross Park Road, said the County has moved their intake pipe to about a half mile upstream. There are no Pcbs at that location. The proposed water treatment plant is a state of the art Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 membrane filtration system that also has a charcoal filtration component. City residents should not be concerned with Pcbs. Charlie Morrison, 88 Court Street, said he was concerned with the lack of an EIS by the County. He said he did not understand how they could go out to bid when they have not done the EIS. They are drawing up plans for the filtration equipment and contracts for the 27 miles of pipe lines. They are way ahead of the game. They are required under SEQR to go through the process before construction. The City adhered to the process. The County is out of control. They have not yet done a scoping session inviting in involved agencies, interested agencies and the public. Commissioner Thomas McTygue said the County moved their intake 1,000 feet upstream, so now they are within 2,000 feet of the Pcb area. If they move it any further, it will be in the shallow area. He said Wilma Koss was wrong in her observations. The Town of Queensbury does not want the area disturbed. If we can’t eat the fish, why should we drink the water. The City should have been allowed to apply for the DOH permit. Commissioner Matthew McCabe reminded everyone that the school district has a much larger tax base than the City. He said that DPW and DPS also must provide services near the schools that the City pays for and not the entire school district. The school district services multiple communities. There being no one else wising to speak, Mayor Michael Lenz closed the first public comment period. MAYOR=S OFFICE Boy Scout Troop #70 Mayor Michael Lenz welcomed Boy Scout Troop #70 members who were here this evening observing the meeting for their government participation badge. Executive Session - Shaw Litigation (05-057) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to make Tony Izzo available as the attorney to represent the five defendants in the Shaw litigation matter. Ayes all. Executive Session - Wilton Parcel Litigation No action taken. Executive Session - Behan Planning (05-058) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the contract for the purchase of the land (former Getty Gas Station at Broadway & Hamilton Street 165.83-1-5) in the amount of $250,000 subject to the review of the City Attorney and the Risk & Safety Manager. Funding will come from the Open Space & Parks fund. Ayes all. Executive Session - Dorsey Law Firm (05-059) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to engage the Dorsey Law firm at $100/hour in the easement matter (Baker & Eger) near Spring Run Trail. The sellers agree to pay half of the legal costs. Funding will come from the Open Space & Parks fund. Ayes all. FINANCE DEPARTMENT Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 City Center Update Mark Baker, City Center, updated Council members on the financial and future prognosis of the City Center. He said the occupancy tax formula took effect in June 2003. To date there is a balance of $1,036,179 in that fund. Funds come in at about $500,000 per year. The City Center expansion fund has a current balance of $2,502,407. It is anticipated that at the current levels of earning the City Center will have approximately $4.7 million by 2007 and could support a debt load of between $5 and $6 million. Mark Baker said that over the last several years there have been several design/expansion concepts with a variety of funding scenarios. The options are being narrowed down for viability and practicality. It is their intent to move forward with the project as soon as possible. There seems to be a design of choice, although no bid documents have been prepared. The physical facility of the City Center is owned by the City and is operated and managed by the City Center Authority under a long term lease. Any major expansion or upgraded of the building will be a City Project. It is their intention that the City Center be expanded at the current location. It will remain a convention center and will not be a performing arts center or sport facility. Mark Baker said their action plan consists of the following: 1. The current property lease between the City and the City Center expires in 2007. Renewal of a new long term lease is essential. 2. There needs to be a conceptual agreement and approval of the project vision no later than June 2005. 3. The current IDA Pilot agreement with the Prime Hotel expires in 2007. There needs to be renegotiation of a new funding source for the City Center’s operating subsidy. 4. The city needs to become an advocate for the City Center project. The estimated cost of the project is $14 million, project start date is spring 2007, construction period is about 16 months with a completion date of fall 2008. To date a feasibility study at a cost of $120,000 has been completed. There needs to be some research on leveraging funds. Mayor Michael Lenz asked if it was their intention to come back to the Council before June 2005 with a conceptual agreement. Mark Baker said yes. Mayor Michael Lenz asked about recognition of the funding source. Mark Baker said that the City Center is looking into some option and will keep the Council informed. Commissioner Stephen Towne asked what would be included in the plans. Mark Baker said there needs to be Council direction on the renewal of the lease and how it will be structured, the PILOT is expiring and that needs to be reviewed and the Council needs to be an advocate for the City Center. He said that this will be a City project. Commissioner Matthew McCabe thanked Mark Baker for his presentation. MAYOR=S OFFICE Crime Victims’ Rights Week (05-060) Mayor Michael Lenz read the following proclamation: PROCLAMATION of the City of Saratoga Springs Whereas, the devastating effect of crime on individuals, families, and communities remains one of the most pressing problems in our nation today, and Whereas, even as we witness the courage of the people of Iraq as they exercise the right to vote in the face of violence and threats of violence, we are reminded of our many fellow Americans who have been victims of crimes and who have used their personal tragedies as a motivation to educate, to help others and to build better and safer communities, and Whereas, the week of April 10 to April 16, 2005 will mark the 25th anniversary of National Crime Victims Rights Week, an annual event that boosts public awareness of the Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 difficulties faced by crime victims and their families, and provides a national forum for communication, networking and support, Now therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, do hereby proclaim the week of April 10 to April 16 as Crime Victims Rights Weeks Appointments (05-061) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to appoint Rod Sutton to the Special Assessment District Board. Ayes all. Summer Parking Linda Terricola said in February she sent a memo to Council members with suggestions for the summer parking program. She said the City has two locations at Wright and Jackson Streets. Last summer they were successful in using the lower deck of the parking garage and the lot on Phila Street. She reminded Council members that the money gained from the parking program is dedicated to the ice rink funds. She suggested that Council members consider paid parking on the upper level of the deck as well as along East Avenue. She said that parking along East Avenue (parallel to the curb) could be as many as 50 spots. Commissioner Thomas McTygue said that any funds raised by parking should be used for the parking solutions fund. Commissioner Thomas Curley said he was not sure that the City was in a position to charge for parking spaces on a City street. He said that traffic flows would need to be examined. Commissioner Matthew McCabe said it was important to note that the Council has not made a formal resolution on the parking matter. He said in his discussions with NYRA they have said that they will give the youth high consideration for jobs this summer. He said at this time there is no program in place this summer for the City to charge for parking in the downtown area. Mayor Michael Lenz thanked Linda Terricola for the information. Time Warner Withdrawn Visitor Center Donations Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to accept the donation from the Winneys for $50 for the Chamber series, $50 from Four Seasons Natural Foods for the Chamber series and $750 from the Rotary Club for the chamber series. Ayes all. Recreation - Camp Saradac Before & After Camp Care Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the Camp Saradac Before & After Camp Care fees as presented (Attachment A). Ayes all. Recreation - Camp Saradac Sliding Scale Program Fees Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the camp Saradac Sliding Scale Program Fees as presented (Attachment A) Ayes all Recreation - Saratoga Y Basketball League Annual Allocation Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the Saratoga Y Basketball League Annual Allocation as presented (Attachment A). Ayes all. Recreation - Saratoga Teen Center Annual Allocation Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the Saratoga Teen Center Annual Allocation as presented (Attachment A). Ayes all. Recreation - Saratoga School Bus Contract - Camp Saradac Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the contract with the Saratoga Springs School District Buses contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. Planning Board Legal Services Contract (05-062) Mayor Michael Lenz said that the Council received a recommendation from the Planning Board to retain legal services to assist them with the reviews of complex projects on a case-by-case basis. On January 28, the Department of Accounts sent of an RFQ for attorneys interested in providing such legal services to the Board. The City received eight responses. A committee consisting of the Planning Board Chair, Planning Board Vice Chair and the City Attorney reviewed each of the responses. The committee made a recommendation to thefull Planning Board that the attorney Mark Schachner from the firm of Miller, Mannix, Schachner & Hafner be retained. On March 23, the Planning Board voted 7-0 to recommend to the Council that Mark Schachner and his firm be retained. A copy of the qualifications of the firm has been distributed to the council. The draft contract has been reviewed by the Risk Manager and the City Attorney. There is adequate funding in the adopted 2005 budget. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign a professional service contract with Miller, Mannix, Schachner & Hafner, LLC on an hourly basis in an amount not to exceed $10,000 contingent up the review of the City Attorney. This agreement will expire on December 31, 2005. Ayes all. SPAC Resolution (05-063) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, for 40 years the Saratoga Performing Arts Center has been an indispensable part of our community’s landscape. It has built a national reputation for excellence and we Saratogians are justly proud of its success and prominence, and WHEREAS, recent developments have brought about a close examination of SPAC’s policies and procedures. On behalf of the people of Saratoga Springs, this Council is deeply concerned about any matter that might reflect adversely upon SPAC and upon its hard-working and dedicated personnel, Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 NOW, THEREFORE, BE IT RESOLVED that this Council hereby expresses its strong support for the rapid resolution of any and all inquiries into SPAC’s policies, procedures, and organization, and be it further RESOLVED, that the Council authorizes the Mayor to communicate directly with the New York State Attorney General’s office to express the Council’s wish for prompt and expeditious resolution of all pending inquiries and investigations. Ayes all. Commissioner Matthew McCabe distributed a letter to Council members dated April 5 to Bernadette Castro in which he requests that the City have representation on the SPAC Board. Inclusionary Zoning Consultant (05-064) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to add this item to the agenda. Ayes all. Mayor Michael Lenz said that there has been an Inclusionary Zoning Committee meeting with the purpose of crafting an ordinance on that matter. He said they have now expressed an interest to hire a consultant to help them craft an ordinance. There has been an interest by two firms. They estimated cost is about $20,000. There is a private individual who will match up $10,000. He said they are also looking for state funding and/or grants. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to allow the Mayor’s Office to use $10,000 from the Parks, Open Space Historic Preservation Administrator position towards the consultant for Inclusionary Zoning. Mayor Michael Lenz said that there would be a match of $10,000 from the private individual. He said it was possible that the cost could be between $20,000 and $25,000, therefore, he may come back to the Council requesting more funds. He said he was optimistic about obtaining some state funds. Commissioner Matthew McCabe said he was glad to support this matter and this was a good use of those funds. The inclusionary zoning is an important topic and the process needs to continue. Mayor Michael Lenz said he would continue to look for additional funding. Ayes all. ACCOUNTS DEPARTMENT Approval of March 15 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 15 meeting minutes. Ayes all. Approval of March 22 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 22 meeting minutes. Ayes all. Award of Bid - Printed Shirts Upon the recommendation of the Mayor’s Office, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for printed t-shirts to Breakaway Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Sports of Latham per their bid: item #1 3.17 & $3.15, item 2 $4.67 & 4.65, item 3 $3.94 & 3.90, item #4 $6.95 & $6.95, item 5 $3.97 & $3.94, item 6 $4.69 & $4.69, item 7 $9.86 and item #8 $4.97 & 4.97 (lowest bidder). The bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Lube Oil & Grease Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for lube oil and grease to R.H. Crown for $74.95 for gear oil, $217.95 for hydraulic oil and $166.95 for multi-purpose grease (low bidder). The bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Motor Oil Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for motor oil to Farrell Oil Company for $207 for 15w40 and $198 for 10w30 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Material Trommell Screen Rental Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the material/trommel screen rental from Milton Cat of Clifton Park at $15,000/month. The bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Multipurpose Excavator Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the multi-purpose excavator to Vantage Equipment of Latham for $264,894 (only bidder). The bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Fire Detection and Suppression System Upon the recommendation of the Records Department, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the contract for the fire detection and suppression system to Sanders Fire and Safety of Mechanicville in the amount of $17,933 (lowest bidder meeting specifications). The proposal has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - Interactive Water Parks/Fountains Commissioner Stephen Towne said there was some question on the proper legal process on this matter. Matthew Dorsey said this is an award of bid for the interactive water parks/fountains at $182.600. He said the charter states that the City shall not lawfully incur expense liabilities unless there has been an appropriation made. However, he also noted that the charter states that the Council has two years to fully implement the charter, therefore, the Council could lawfully award the bid. He said that as an alternative the Council, could wait a week or two until all of the funding falls into place. Commissioner Matthew McCabe said it is clear to everyone that this award of bid needs to take place and the pools need to be renovated. He said that to date there is $125,000 available, however, the bid is for $182,600. Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 He said there is more money pledged but there needs to be the correct appropriations and transfers. He suggested that a special Council meeting be held later this week. Commissioner Thomas McTygue said this project was bid and opened yesterday specifically so that it could be awarded this evening. He said there is a time factor for the City and the contractor. He said the parts must be ordered and waiting even a few days will impact the pool openings. He asked if the contractor could be directed to order the parts. Matthew Dorsey said this is simply a matter of when the money will be available. Council members agreed to meet on Thursday, April 7 at 11:30 a.m. to discuss this matter. Award of Bid - City Center Authority - Main Hall Floor Renovation Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for the main hall floor renovation to SLR Contracting & Service Company of Clifton Park for a total lump sum bid of $159,500 (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid - City Center Main Hall Power Distribution/Electrical Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for the floor power distribution system - electrical contract to SLR Contracting & Service Company, Inc. of Clifton Park for a total lump sum bid of $127,450 (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Walls & Fences - Zoning Ordinance Amendment Commissioner Stephen Towne said that pursuant to the Council’s request of March 2, the Planning Board reviewed the proposed zoning amendments relating to walls and fences. At their March 23, 2005, meeting the Planning Board voted 7-0 to issue a favorable advisory opinion on this minor amendment that corrects a typographical error. The Board offered the following comments: 1. The Board finds that the proposed amendment is consistent with the Comprehensive Plan amendments adopted on July 17, 2001; and 2. The Board finds that the proposed amendment is consistent with the general intent of the zoning ordinance. Commissioner Stephen Towne said the Planning Board noted that they believe there is a need in the near future to revise the regulations in this section of the zoning ordinance dealing with obstructions near intersections. They will make a recommendation to the Joint Zoning Amendment Workgroup that they undertake this review. Commissioner Stephen Towne requested that a public hearing be set for the May 3 Council meeting at 6:55 p.m. Saratoga Springs school District Contract - Voting Machines Commissioner Stephen Towne said that the agreement between the City and the Saratoga Springs School District for the use of 13 of our voting machines for their May 17 election was previously distributed. These agreements have been reviewed by both the City Attorney’s Office and the City’s Risk & Safety Manager. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the agreement between the City and the Saratoga Springs School District for the use of our voting machines for their election machines. Ayes all. IDA Public hearing regarding proposed project at Stonequist Apartments Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Commissioner Stephen Towne said that the Saratoga County IDA will hold a public hearing on the proposed housing project located at Stonequist Apartments at 8:00 a.m. tomorrow, April 6 in the Council room. Purchasing Policy (05-065) Commissioner Stephen Towne said that the draft purchasing policy had been previously distributed. He said there was a meeting among City Hall staff to discuss the policy with good discussion and minor changes resulting. The policy provides for the addition of definitions and a chart that summarizes the requirements when requesting 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. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to adopt the Procurement (Purchasing) Policy as presented. Ayes all. Commissioner Stephen Towne said that the next step in the process is the development of a procedure manual to accompany this policy. The manual will be developed over the next several months. Travel/Education Reimbursement Policy Withdrawn. Amendment with Special Counsel Withdrawn. Donation - Solomon Nothrup Day Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to accept the donation of $300 from the Saratoga County NAACP to the Urban Heritage Area Center to be used for Solomon Nothrup Day activities. Ayes all. Risk & Safety Management - Quarterly Update Marilyn Rivers said the refurbishing of the stairway to the boiler room had been completed along with added emergency lighting in the area. There will be a presentation before the Design Review Commissioner on Thursday concerning the eight window replacement in the rear of the building. The windows should be installed shortly after that time. The work on the West Avenue Fire Station facade continues by DPS. The SCAC building still has some open issues such as fire extinguishers, alarms and locks on kilns and then they will be in compliance. The High Rock stairway will be looked at this spring. She has been working with the Hub Parking lot committee on safe passage for pedestrians. The netting will be installed at the Weibel Avenue Ice Rink later this month. (Alicia Farone left 8:15 p.m.) Marilyn Rivers said the Safety Committee will review the blasting ordinance and then it will be forwarded to the City Attorney for review. She is currently working on the Special Livery Ordinance. DPW recently requested that the Fleet Safety program be reviewed as well as a safety incentive program. There will be a class on back safety for those lifting heavy material. FINANCE DEPARTMENT Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Approval - Payrolls Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: March 17, 2005 - $365,907.14, March 24, 2005 - $365,570.77 and March 31, 2005 - $381,657.70 Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 Regular Warrant 4/5/05 1APR05 $ 347,470.70 2005 Mini Warrant 3/30/05 MC4MAR05 $2,634,582.34 2005 Mini Warrant 3/23/05 MC3MAR05 $3,061,757.42 2005 Mini Warrant 3/16/05 MC2MAR05 $ 3,694.57 Ayes all. Commissioner Stephen Towne noted that there were some large payments for a tax anticipation note, first quarter county taxes and sewer payment. Transfers - Payroll Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the 2005 Budget Transfers previously distributed with the agenda (Attachment B). 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 as follows: Lines 1-6 B From the Dept of Public Safety, this transfer to the Comp Time line from the overtime lines is necessary to account for overtime hours credited to comp time instead of overtime pay; Lines 7-10 B From the Civil Service Department, these transfers are to separate the Civil Service Commission and the Human Resources Administrator’s budget line items. Ayes ll. Transfers - Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget transfers as follows (Attachment C): Lines 1& 2 B From the Dept of Finance, no explanation is necessary; lines 3-18 B From the Civil Service Department, these transfers are to separate the Civil Service Commission and the Human Resources Administrator’s budget line items; l lines 19&20 B From the Accounts Dept, this transfer is to cover increased cost in travel by the Assessment Department; lines 21&22 B From the Accounts Dept, this transfer is to cover mailing to property owners; lines 23&24 B from the Dept of Public Works, this is an interfund transfer from the general fund to the capital fund, representing DPW’s contribution to the wading pool renovations which are required by the state. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment D). He noted that they were available for inspection in his office. Ayes all. Bollam, Sheedy, Torani & Co. LLP Contract Withdrawn. Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 City Center Update Previously discussed. DEPARTMENT OF PUBLIC WORKS Other Commissioner Thomas McTygue apologized to Wilma Koss. He said that apparently there is a third plan at the County that the City has not been made aware of yet. He said that the City’s supervisors should keep the Council informed. He said that the last document he has shows the water intake directly across from the Queensbury intake but apparently there is a proposal to move it upstream by 1,000 feet. He said that moving the intake again, will increase the cost of the project. He requested that the supervisors keep the Council informed of such changes to these plans. Water & Sewer Rates (05-066) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adopt the water & sewer rates resolution as presented (Attachment E). Commissioner Thomas McTygue said these rates are the same as the 2004 rates and will be used for the April bill only. It is his intention to amend both the water and sewer rates for the remainder of the 2005 bills and he will come back with new rates. Ayes all. Refurbish Olympia Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the refurbishing of the Olympia Ice Resurfacer at a cost of $18,806.71. The money is in a special account set aside for capital expenditures at the ice rinks. Ayes all. Conboy Easement - Foley Lane (05-067) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to provide the Conboys with an easement to erect three kiosks to house garbage dumpsters on a portion of Foley Alley. This is a 10 foot strip of land and it does not interfere with traffic on Foley Alley. Both the City Attorney and the City Engineer have reviewed this easement. This is a revokable license and may be rescinded by the City at any time. Ayes all. Fred Clark Easement - Parking Deck Withdrawn. Appointment Commissioner Thomas McTygue announced the permanent appointment of Sharon McCormick to the position of water meter service worker off of the Civil Service list. The appointment is effective as of April 4, 2005. Change Compost Rates (05-068) Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the change to the compost rate for which we sell outside of the City from $15 per cubic yard to $17 per cubic yard. Ayes all. Other - Excelsior Springs Avenue Commissioner Thomas McTygue informed Council members that Excelsior Springs Drive would be closed for quite some time. He said due to the heavy rains, the old culvert has collapsed and caused substantial damage. He said it will be very costly to repair. He said it was noted in the 1970s that the culvert should have been redesigned. He said this will create only a minor traffic inconvenience. He said that both Police and Fire have been notified of this matter. DEPARTMENT OF PUBLIC SAFETY G&R Housing Withdrawn. Storage Container Ordinance Continued to the next meeting. Donation Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to accept the check from Harry & Helen Krup for $100 for the EMS program. He noted that those funds should be applied to the EMS supply line item. Ayes all. SUPERVISORS Skippy Scirocco gave a brief overview of the County’s Open Space/Farmland Program. This program is in its third year. The program was established because of the pressure of development on farm land and open space. Farm land and open space is a key component of the county’s natural resources. He said there are funds available through the County to be used to preserve land for significant public benefit. He said the City has areas such as the Bog Meadow Brook, water access areas, nature trails and Spring Run Trail that could qualify for this program. He said the City should be well positioned to take advantage of this program. There is $500,000 available on a matching basis. The maximum grant is $100,000. Applications must be submitted from April to June. Mayor Michael Lenz said the window of opportunity to apply was limited. He said he would like some time to review the material and the restrictions. He said that there could be an opportunity for the City to apply for funds for the old Mobil gas station location on Marion Avenue. Skippy Scirocco said that would be a good project. Mayor Michael Lenz said he would like to know it if would be possible to apply after the June date. He said the City is currently going through some negotiations with landowners. Skippy Scirocco said he would keep Council members informed PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. John Kraus, 27 Grand Avenue, said he was interested in working with Finance on developing a sound budget. He said he has been attending school board meetings. He said he was concerned with Matthew Dorsey’s comments earlier this evening where he suggested that the City had two years to implement the charter. He Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 said that the City should comply now and not wait until the full two years. He said it would also be good when the Council is making motion to address whether expenditures such as the Inclusionary Zoning Consultant is a one time expense or a recurring expense. Nancy Ohlin thanked the Council for funding the Inclusionary Zoning Consultant. She said they have reached a critical state where it has become very technical and they now require the technical expertise. They hoped to have a consultant hired by the end of the month. She said she appreciated Commissioner Matthew McCabe finding the funds to make this happen. Jennifer Ledig, Save the Ballet, thanked the Council for passing the resolution concerning SPAC. She said though that she was concerned about jeopardizing the results of the findings by requesting that the process be expedited. She said the report needs to be thorough. She informed Council members that there would be a full page ad in The Saratogian tomorrow where the community requests representation on the SPAC Board. She said the community needs to have a voice on that Board. Fred Clark said he was concerned that Long Alley would be closed. He said he and his neighbors did not know that it would be closed. There will be a lot of traffic coming and going from the parking deck and it will be both in front of and behind his house. This will be a big inconvenience to the neighbors in this area. They will now have to look at the top of a five story building and a parking deck. He said he was ashamed of the Council for approving this project. He said that the traffic should be directed to go out onto Woodlawn Avenue. Kyle York, 59 Railroad Place, said there was some confusion earlier this evening on the maps and the location of the intake. He said he will return to the Council with a map that shows the intake on where it was originally positioned and the new location 1,000 feet upstream. He said that location is directly across from one of the hot spots. He said the County has a map that shows the intake 1.1 miles further upstream but that is a shallow area that is also a hotspot area. Tim Aiken, 6 Walton Street, said he had the same concerns as Fred Clark. The construction access is directly behind his house and he was concerned with the dump trucks traveling along the alley. His taxes went up $250 a month. Walton Street is very narrow. There should have been better notification for the neighbors. Their property values will decrease due to this construction. Paul John, 52 Walton Street, said the planning process should have taken into account the impact to their neighborhood. He said there will be hundreds of cars coming and going all day long on Walton Street with this plan. He asked that Council members review this proposal and reconsider. They don’t want traffic in both the front and in the rear of their homes. It will be noisy on both sides. Their property values will be impacted. The entrance/exit should be on Woodlawn Avenue. Fred Clark said he was concerned that fire trucks would not have clearance to get to the rear of their homes. There being no one else wishing to speak, Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:00 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:00 p.m. Respectfully submitted, Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 5, 2005 Kathy Moran Clerk Approved: Page 16 of 16