City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 3, 2005 5:30 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor ABSENT: Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Alicia Farone, Deputy Mayor Deborah Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:35 p.m. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn to executive session at 5:35 p.m. to discuss CSEA matters, real estate matters and land acquisition matters. Ayes all. PUBLIC HEARING Ordinance - Walls & Fences Mayor Michael Lenz said this is a public hearing on a proposed zoning text amendment that would correct a typographical error in the section regulating walls and fences. When this section of the ordinance was last amended on June 15, 2004, a paragraph relating to fence obstructions near intersections was inadvertently left out. This amendment restores that paragraph. The City Planning Board, on a vote of 7-0, issued a favorable advisory opinion the proposed amendment. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. RECONVENE MEETING Mayor Michael Lenz reconvened the meeting at 7:00 p.m. CSEA - DPW Unit Collective Bargaining Agreement Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to authorize the Mayor to sign a new collective bargaining agreement with the DPW bargaining unit based on the general terms outlined in the labor counsel’s memo of April 28, 2005. The agreement will be subject to the final approval of the City Attorney, the Page 1 of 14 City’s Risk & Safety Manger and the Finance Department. Ayes all. PUBLIC COMMENT PERIOD Mayor Michael Lenz reviewed the rules of conduct for the public comment period. Dave Lord, 48 Fairway Boulevard, Gansevoort, said he was concerned about the forthcoming presentation by Kyle York. He said he was particularly concerned that Kyle York may not have the appropriate expertise in this matter. He said that by allowing this presentation as part of the Council agenda it appeared to attach a level of authority to his presentation. He said these issues should be resolved with DOH. It was irresponsible to allow this presentation as part of the official Council meeting. Residents rely on the elected officials to provide safe drinking water. Many municipalities use this water and have done so with the approval of DOH. He questioned Kyle York’s intentions this evening by wondering if Kyle York believed that other municipalities have failed to provide safe drinking water for their constituents. He said this was just another attempt to sabotage the County water plan with emotional data. Teresa Lord, 48 Fairway Boulevard, said DOH has the responsibility to provide safe drinking water and they continue to monitor the water for potential contaminates and appropriate treatment. Pcbs are only one of a long list of potential contaminates that are monitored. Samples of raw water at the Queensbury water treatment plant have not detected Pcbs. Wilma Koss, 160 Kaydeross Park Road, said she wanted the Council to keep four things in mind during Kyle York’s presentation: 1) the quality of water at the point of the County intake is Class A; 2) the County intake pipe is upstream of any known Pcb sites, 3) the County’s proposed membrane filtration plant has a charcoal filtration component that can remove pollutants such as Pcbs; and 4) the Niagara Mohawk Pcb hotspot was not the result of an industrial spill or industrial dumping but was the result of one farmer using transformer oil to kill weeds. She said the experts from DEC and DOH have addressed this matter and it should be put to rest once and for all. Dave Bronner, 5 Royal Henley Court, said he was here this evening on a building permit matter. He said a home near him had been doing unauthorized renovations. He said a letter was sent to this homeowner last July telling the homeowner to apply for the appropriate building permits. This homeowner has done construction work on his porch, deck and has finished the basement without appropriate building permits. In September 2004, another letter was sent to the homeowner again telling the homeowner that he needed to apply for the appropriate permits. Since that date, there has been no response from the homeowner. Dave Bronner pointed out that this is lost revenue for the City through the building permit process and assessed value. The City does not know if the building is safe, there could be water hookup issues and loss of fees and assessed value for the City. He said there needs to be some enforcement on this matter. Alan Edstrom, 91 White Street, said he supported the Media Center project. He said this project would be good for government, public and educational access to the airwaves. He said there is a mentoring program at the automobile museum with BOCES students and this one program has generated a great deal of excitement. He said he could only imagine the excitement if this could be broadcast. He previously worked in public access in Staten Island and one of those students has gone on to work in major production company in Hollywood. This is a good opportunity for the City and it will make a significant impact. Lora Rappaport, 22 Excelsior Avenue, said she was here this evening to encourage Council members to move expeditiously on the Spring Run Brook Trail. She said this last 4 2 acre parcel would complete the Spring Run Trail. The City should use the bond act money. The price is $250,000. The Council should not miss this opportunity. It’s a small piece of woodlands that could open up this entire area for citizens. Also, the Excelsior Avenue corridor should not be overbuilt. Mayor Michael Lenz closed the first public comment period. MAYOR=S OFFICE Proclamation - Saratoga County Options for Independent Living Mayor Michael Lenz read the following proclamation: Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 A Proclamation of the City of Saratoga Springs Whereas, too many thousands of Americans who live with disabilities, life's daily activities can present serious obstacles. While we all wish to assist them in any way we can, our individual and collective knowledge and resources are often seriously limited, and Whereas, for ten years Saratoga County Options for Independent Living has served as an invaluable resource for disabled individuals as well as for their families and friends. The dedicated staff at SCOIL has helped to provide equipment, educators, counseling and representation. Through their many programs they have given independence and comfort to thousands of people in our community, and Whereas, on May 9, 2005, SCOIL will celebrate its 10th anniversary, Now therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to congratulate SCOIL on its first remarkable decade of achievement. On behalf of the people of Saratoga Springs, we all hope there will be many decades more. Teena Willard accepted the proclamation and thanked the council for their support. Proclamation - Margaret Caron Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs Whereas, MARGARET CARON, a native of Saratoga Springs, has been helping people since she was a child. Her dedication to others began with her caring for her mother and brothers. Since then, there has not been a time when Maggie Caron did not devote a large part of her life to volunteer service, and Whereas, Maggie has always given generously of her time and abilities on her own and as a member of several organizations. She has worked on programs to assist the elderly, to give aid to injured horsemen, to provide meals for those in need, and to knit afghans for homebound senior citizens and nursing home residents. She has been particularly active in the good work done by her own Mount Olivet Baptist Church, and Whereas, Saratoga County has recognized Maggie with its Senior Citizen Achievement Award for 2005, Now therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to join my fellow Saratogians in congratulating Maggie Caron on her award and on her outstanding contributions to our community. Proclamation - Saratoga Springs Senior Citizen Center Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs Whereas, America's older citizenry are an invaluable resource. Their knowledge, experience, and guidance gives us all inspiration and confidence, and Whereas, in 1955 a group of senior citizens in Saratoga Springs began meeting regularly to enjoy fellowship, travel, and education. Half a century later, the Saratoga Springs Senior Citizens' Center continues to service people 50 years of age and older in the greater Saratoga area, and Whereas, the City of Saratoga Springs has a remarkable number of healthy and active seniors who enjoy life and contribute greatly to our community. The Center's dedicated staff is proud to be able to offer them a wide variety of activities and a comfortable place to meet, talk and have fun, Now, therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to honor our City's seniors on the 50th anniversary of the Senior Citizens' Center. May they long continue to enrich our community, our lives, and our future. Jim Walsh, Senior Citizen Center thanked the Council for their continued support. Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Proclamation - Partnership for Prevention Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs Whereas, the irresponsible consumption of alcoholic beverages has long been a major factor in thousands of injuries and fatalities across America every year. It is especially disturbing to hear of the increasing number of accidents involving young persons below legal drinking age who have been served alcohol by adults while at a friend's house, and Whereas, both young people and adults today are often overwhelmed by messages that encourage alcohol consumption. All too often, parents and other responsible adults misjudge the seriousness of providing alcohol to their children and even to their children's friends. Fatal injuries have occurred even in cases where both children and adults were sensible, intelligent, and responsible. It is incumbent upon every adult to remain acutely aware of the disastrous consequences that regularly result from under age drinking, Now therefore, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, hereby proclaim “Parents Who Host, Lose The Most” as the theme for this year's prom and graduation season, and furthermore I urge all my fellow Saratogians to actively discourage the use of alcohol by our young citizens, to refuse to provide young people with alcohol, and to promptly report incidents of under age drinking to the Police Department. Judy Ekman, Saratoga Partnership for Prevention, said this was an organization of a number of groups (police, district attorney’s office, school district, and many other public service and human services agencies) working together towards a common goal. She thanked the Council for this proclamation. She said this provides a unified message for prevention and enforcement in order to keep the prom and graduation both safe and health for the youth of the community. DEPARTMENT OF PUBLIC SAFETY Waive of Bid - Vehicles Chief Robert Cogan, Fire Department, said the Fire Department is in need of two vehicles and he had obtained a quote for leasing from a local dealership. He said there was a mishap with and existing older vehicle and the vehicle cannot be repaired. The other existing vehicle is 12 years old and the DPS mechanic has advised him that they should not put too much more money into it. He said he sought assistance from the Purchasing Department and found that the state contract no longer has any vehicles left. He said recently they have been using their own personal vehicles to get around. He said the state contract price for leasing is $324 per month per vehicle for a total of $648. However, to lease the vehicles from Alstar Motor there would be a savings of $134 per month. He said the Purchasing Department informed him that either these vehicles needed to be put out to bid or the bid must be waived. Therefore, he is requesting that the bid be waived and allow the Fire Department to lease these two vehicles. Commissioner Stephen Towne said it appears that the rebates on these vehicles have ended. Chief Robert Cogan said that while the savings are not as good, the City could still get the rebate. Commissioner Thomas McTygue asked if they were adding two vehicles or replacing vehicles. Chief Robert Cogan said they were replacing vehicles Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to approve the waive of bid for the leasing of these two vehicles. Ayes all. DEPARTMENT OF PUBLIC WORKS Other Comments - Water Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Commissioner Thomas McTygue said he wondered why DEC continued to refuse to allow access to their records dated after 2001 in connection with the upper Hudson River water project. He said they continue to refuse to allow access and refuse to answer any question. He said they have been seeking documents in connection with the river bed sediments. He further noted that the City still does not really know where the County plans to place the intake. He said it has been mentioned that the location was changed, but asked when that happened. They have been attending the County meetings and did not recall any discussion on the change of location. The County has also not provided an estimate for the additional cost of moving the value upstream by 1 1/2 miles. He said the County appears to propose to move the intake closer to the IP plant. Appearance & Presentation - Kyle York Kyle York thanked the Council for allowing him to make this presentation. He provided his credentials noting that he attended, but did not graduate, RPI majoring in chemical engineering, has spent time in investigative journalism, has worked in print and television, done research and writing for 3M, marketing and research for oncology products and since 9/11 has been working with the EPA on Pcb issues. He also has a background in municipal water projects. In 1875 his family lived the Sacandaga valley. The valley was flooded and the farmers were moved. The valley was flooded to regulate the flow of the Hudson. Kyle York said there are Pcbs in the sediment along the upper Hudson and the levels are hazardous. The DEC and the EPA ordered a cleanup which was partially done, however, there are still eight more acres to clean. The river bottom sediment has expanded. The flow from the Sacandaga will change which will lead to racing water which will stir up the Pcbs. This information has not been shared with the County supervisors. The superfund site goes from Fort Edwards (mile marker 190) to Troy. The proposed location of the intake for the County plan is at mile marker 210. The EPA report from 12/01 states that 65 percent of the Pcb contamination above troy is within the superfund site. That leaves 35 percent above the superfund site. There are 81,000 pounds of Pcbs unaccounted for and he believed they are in Queensbury. He then displayed several maps, schematics and photos of the area. Kyle York showed the original intake location, the new location in 2004 (moved 1,000 feet) and a newer location (moved 1.1 miles upstream from the original location). The County plan will now require more pipes and a pumping station. He then showed the hotspot (more than 50 parts per million) for Pcbs. Pcbs are measured in parts per million. There are 37,737 parts per million along the shore, in the river sediment in the first four inches it was 1,700 parts per million. It needs to be brought down to 2 parts per million. The water itself is at .0005 parts per million. Kyle York then reviewed the parts per million at various locations along the Hudson. The EPA has announced 40 hotspot. The GE superfund was the highest on the list at 1900 parts per million and the proposed location for the water intake is at 1700 parts per million. Kyle York said DEC has the ultimate authority. DOH does not have the expertise to review the Pcb matter. DOH gives the water a Class A rating. There was a court order in 1992 that ordered Nimo to clean the site and Nimo agreed with the decision. He then reviewed the highlights of that report. Nimo did a good job cleaning the shore. Queensbury has added an activated charcoal treatment system to their water intake. They brought the Pcbs down to 1 part per million. The river sediment remediation plan did not happen. The shore was cleaned but not the river sediment. The Pcbs have now migrated upstream. Dredging is a feasible alternative but not politically popular. The Pcbs are significant and they are moving. The County needs to know where the Pcbs are by doing sample cores. The residents are owed good, clean, safe drinking water. MAYOR=S OFFICE Railroad Run Trail Committee Mayor Michael Lenz appointed the following members to the Railroad Run Trail Committee: Barbara Glaser, Jim Letts, Dan Neary, Mike White, Kirk Kress, Dave Carr, David Miller, Bill McTygue, James Cornick, Alicia Farone, Alaine Ball Chinnian, Geoff Bornemann and Paul Male. They will meet on May 5 at 1:00 p.m. at 110 Spring Street. 911 Street Address Change Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Mayor Michael Lenz said there had been some discussion on changing a portion of the 84 & 86 Ludlow Street to a private road named Mockingbird Lane. He said there have been some discussions with the property owners and they are not interested in a new street name. The post office does not want half street numbers. Therefore, the proposed resolution is that the half numbers be changed to A & B. The new properties will be 84A, 84B, 86A & 86B Ludlow Street. Paul Male said it was his recollection that the post office wanted whole numbers. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to renumber the parcels to 84A, 84B, 86A & 86B Ludlow Street. Ayes all. Zoning Amendment Petition - Jelenik Property - 41-45 Jefferson Street Mayor Michael Lenz said the City has received a petition from David Jelenick for a zoning map amendment that would change the classification of a one acre parcel of land at 41 Jefferson Street from Urban Residential-2 (single family) to Urban Residential-4A (multi-family). The City Council needs to determine if it will accept this petition for study and to forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Capital District Transportation Committee Grant Mayor Michael Lenz said that on December 7, 2004, the Council authorized the Mayor’s Office to submit a grant application to the Capital District Transportation Committee (CDTC) to help fund a Downtown Transportation Improvement Plan that will identify needed transportation improvements and develop a fair share plan to pay for such improvements. The City has now been awarded the $40,000 grant from CDTC and they are now requesting that the City sign a “memorandum of understanding” that sets forth the specifics of the grant. A copy of the draft MOU was distributed to the Council. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded that the Mayor be authorized to sign the memorandum of understanding with CDTC. He said the City Attorney and the Risk & Safety Manger have reviewed the material. He said that he is in the process of reviewing the City’s fee structure to cover the match required by this agreement and he was committed to finding those funds. Ayes all. Community Development - 2005 Consolidated Plan Brad Birge said this is the second part of the submission to the federal government for the Community Development Block Grant program. The Council approved the funding for the first year of activities at the April 19 meeting. He said a questionnaire on the five year plan was distributed to more than 250 businesses. The City’s funding continues to decrease and he is uncertain about future funding. Funding priorities are for housing, homeless prevention, transitional housing, rehabilitation of housing, creation of new housing, services for children and seniors, infrastructure, transportation and job creation. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to approve the submission to the federal government for the 2005 Consolidated Plan for the Community Development Block Grant. Ayes all. IZOD Contract Mayor Michael Lenz withdrew this item from discussion. Recreation - Donation Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the donation of a drywell valued at $500. The donor remains anonymous. Ayes all. Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 ACCOUNTS DEPARTMENT Approval of April 19, 2005, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 19 meeting minutes with a few minor corrections. Ayes all. Award of Bid - Chemicals Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for chemicals as follows: polyaluminium chloride to Holland Company of Adams, MA at $14.50 per hundred weight; copper sulfate to Faesy & Besthoff of Stamford, CT at $75.00 per hundred weight; sodium hypochlorite to Surpass Chemical of Albany at $.864 per gallon; sodiumsilico flouride to Thatcher Company of New York at $36.20 per hundred weight; powdered activated carbon to Thatcher Company of New York at $47.00 per hundred weight; liquid chlorine to JCI Jones Chemicals of Merrimack, NH at $35.00 per hundred weight and hydrofluosilicic acid to Slack Chemical Company at $1.89 per gallon. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Turf Top Dresser Unit Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the tow behind turf top dresser unit to Grassland Equipment & Irrigation Corp. of Latham for $12,272.63 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Infield Conditioning Machine Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for infield conditioning machine to Grassland Equipment Corp. of Latham for $19,133 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Lost Dog Tag Fee Increase Commissioner Stephen Towne said his office was notified by the NYS Department of Agriculture & Markets that the lost dog tag fee for the replacement of a lost dog tag was increased from $1.50 to $2.00 by NYS. This is a state mandated fee over which the City has no control. The entire $2.00 fee goes directly to the state. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to increase the lost dog tag fee from $1.50 to $2.00 in order to meet the NYS requirements. Ayes all. Authorization for City Officers & Employees to attend seminars, conferences and conventions resolution Commissioner Stephen Towne said this resolution was distributed with Friday’s agenda. The resolution pertains to officers and employees of the City of Saratoga Springs attending seminars, classes, conference and other similar events which relate to City business. Pursuant to Section77-b of the NYS General Municipal Law, the Council may delegate to each Council member, by way of a resolution, the power to authorize attendance at such events. The resolution also allows each Council member to authorize, sign and submit all necessary documents to attend such events and references a companion document which details allowance rates for actual and necessary expenses for fees, travel, meals, lodging and tuition. That document, the Reimbursement for Authorized Travel Expenses Policy, will follow the adoption of this resolution. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the resolution as presented Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 pertaining to the establishment of policies, procedures and guidelines for officers and employees to attend seminars, classes, conference and other similar events during the conduct of City business. Commissioner Thomas McTygue asked Tony Izzo for explanation. Tony Izzo said this resolution is based on General Municipal Law 77b. This resolution will allow officers and employees of the City to attend conferences, seminars and classes on City related business. It also gives each Council member the authority to approve such attendance. The resolution further delegates the authority to establish the Reimbursement for Authorized Travel Expenses policy. Ayes all. Reimbursement for Authorized Travel Expenses Policy Commissioner Stephen Towne said that the Reimbursement for Authorized Travel Expenses Policy was distributed with Friday’s agenda. This policy is a companion document to the resolution just adopted for attending conferences, seminars, classes and other similar events. This policy outlines reimbursement methods and limitations for authorized travel related expenses while on City related business. It provides links to resources such as OGS, NYS Comptroller’s office and GSA that provide the necessary guidance on allowable rates for actual and necessary expenses for fees, travel, meals, lodging and tuition. Officers and employees will need to reference these links with before expending funds for which they will seek reimbursement. This policy has been reviewed by the City’s labor attorney and the Finance Department. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the Reimbursement for Authorized Travel Expenses Policy as presented. Commissioner Matthew McCabe said he had some concern that lunch was not a reimbursable item. Commissioner Stephen Towne said in some cases, lunch is provided when attending conferences. He said the idea behind this is that expenses that would ordinarily be incurred during the day are not to be reimbursed. He said lunch would be an expense whether at the regular place of business or at a conference. Commissioner Thomas Curley asked if the Unions had reviewed this material. Commissioner Stephen Towne said this policy allows each Council member to act within their department on this matter. It is also noted within the resolution it notes that the policy does not supercede union contracts. Ayes all. Zoning Ordinance - Walls & Fences 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. When this section of the ordinance was last amended on June 15, 2004, a paragraph relating to fence obstructions near intersections was inadvertently left out. This amendment restores that paragraph. The Planning 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. The Planning Board also noted that there is a need 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 moved and Commissioner Thomas McTygue seconded to adopt Article 240-12.7 of the Code of the City of Saratoga Springs, entitled, “Zoning Walls and Fences” as presented. Ayes all. Special Livery Ordinance Commissioner Stephen Towne said over the last several months the Special Livery Ordinance Review Committee, Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Chaired by Gavin Landry, has met. This ordinance was previously updated in the summer of 2003 and had a trigger date of 2005 for review. The focus of this review was on pedicabs. The Committee spent the last few months reviewing the ordinance and has produced a revised document that will be distributed within the next few days for your review. Please review the ordinance and contact Deputy Commissioner Debbie Harper with your comments. He then set a public hearing for the next Council meeting, Tuesday, May 17 at 6:45 p.m. Congress Park Centre - PUD Amendments Commissioner Stephen Towne said that pursuant to the Council’s request of December 17, 2003, the Planning Board reviewed the proposed PUD zoning amendments to the Congress Park Centre Planned Unit Development District. The Planning Board reviewed the proposal at their January 7, 2004, January 21, 2004, February 4, 2004, October 20, 2004, and April 6, 2005 meetings. In addition they assembled a subcommittee that has met numerous times with the applicant, the neighboring property owners and members of the City’s Zoning Board of appeals and Design Review Commission. At their April 6, 2005, meeting the Planning Board voted 7-0 to issue a “favorable” advisory opinion on the revised proposed amendment for the following reasons: 1) The proposal meets the intent and objectives of planned unit development as expressed in Article 240-3.5; It meets all the general requirements of Article 240-3.5; 2) The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another; and there are adequate services and utilities available or proposed to be made available in the construction of the development. The Planning Board also agreed to defer lead agency to the City Council for the environmental review of the proposed amendments. Commissioner Stephen Towne then set a public hearing for Tuesday, June 7, 2005, at 6:50 p.m. on this matter. Taxi Ordinance Commissioner Stephen Towne said that per the existing taxi ordinance (Local Law #1 of 2004), a taxicab owner may request a gasoline surcharge not to exceed 10 percent of the fare for each increase of $.25 in the average price per gallon of regular unleaded gasoline in the City of Saratoga Springs over $1.75 that are sustainable for a minimum of thirty days. However, any such surcharge must be approved by the Council. A request to invoke such surcharge has been received in my office. I will be forwarding to the Council a suggested level of increase for their review and approval. Because the proposed increase in the fares could be structured within the parameters of the existing ordinance, a public hearing is not required. However, I would like to give the public, and those in the taxi industry, the opportunity to express their thoughts and/or concerns on this matter. Commissioner Stephen Towne then set a public hearing for the next Council meeting, Tuesday, May 17 at 6:55 p.m. FINANCE OFFICE Approval - Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the following payrolls: April 22, 2005 - $321,530.19 and April 29, 2005 - $333,389.39. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 Regular Warrant 5/3/05 1MAY05 $ 451,730.92 2005 Mini Warrant 4/27/05 MC2APR05 $ 338,421.25 Ayes all. Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Transfers - Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget transfers as follows (Attachment A): Lines 1&2 B From the Finance Department B this moves funds from the hardware budget to the software budget to purchase additional licenses for back-up software. These will be shared in use and expense by Public Safety; Lines 3&4 B From the Mayor’s Office, to cover an unbudgeted increase in DBA dues; Lines 5&6 B From the Mayor’s Office, no explanation necessary; Lines 7&8 B From the Public Safety Department B this is to properly record returned funds from a voiced check. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 budget amendments (Attachment B) as follows: Lines 1-4 B From the Dept. of Public Safety, for funds received from the County of Saratoga for overtime incurred on DWI Patrols (Grant) and Lines 5&6 - From the Accounts Dept., this is the second installment of an award from the NYS Archives Local Government Record Management Improvement Fund for an historical records project in the City Clerk’s Vault. Ayes all. Bond Rating Commissioner Matthew McCabe said that Moody’s Investors Services awarded the City and A1 bond rating. The City’s rating has held steady from last year which is good news. The Adirondack Trust Company will hold the bond at 3.85 percent. Moody’s cautioned the City to rebuild its fund balance though. He said he would commit to doing so. All of the good work done by the City with it’s thorough budgeting and planning has paid off. Recreation Commissioner Matthew McCabe said his office has recently been in touch with John MacFadden, Superintendent of Schools about the use of their facilities as a walking area for seniors. John MacFadden has been very helpful and responsive. Last week he, John MacFadden and Frank Crowley walked the area and he was grateful for their assistance in this pilot program. He said once the details are finalized, he will bring the information back to the Council. Spring Street Parking Lot Commissioner Matthew McCabe said the Spring Street parking deck upper level is currently free all day parking. He said there should be some thought given to changing the all day free use of this area. Perhaps there could be a seasonal fee attached. He asked that Council members contact him with their thoughts and he would bring this back to the Council at a later date for further discussion. Open Space/Spring Run Trail Commissioner Matthew McCabe said in 2001 the residents voted to allow the City to borrow up to $5 million for the open space project. To date, the City has committed approximately $400,000 through appraisals, land studies, etc. Actual expenditures to date are at $99,000. The Spring Run Trail system has been an ongoing issue for quite some time. He asked Matthew Dorsey to report on the matter. Matthew Dorsey said there are five parcels near the Quality Hardware Store/Excelsior Avenue corridor that the City will acquire which will then enable the City to finalize the Spring Run Trail system. He said they do not anticipate any problems acquiring the Quality Hardware parcel, the parcel owned by Saratoga Plan (they will donate the parcel to the City) and the parcel owned by Wallace Allerdice (he will donate to the City). He said the fourth parcel is owned by Eger/Baker at about 3.8 acres. The Council has entered into a contract to purchase that parcel for $38,500. There are some issues with title insurance and a survey that still needs to be worked out. The fifth parcel is owned by Excelsior Park and as part of their approval process they were required to separate off a 2.5 acre parcel that will be donated to the City. He said he anticipated closing on the Eger/Baker parcel within the next three weeks and then the remaining parcels will fall into place. Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 Commissioner Matthew McCabe said that the Director of Finance has been analyzing the bond act and the use of the funds and perhaps a workshop for Council members was in order. He said it might also be a good time to allow the public to express their thoughts to the Council on the use of the bond act funds. Mayor Michael Lenz suggested a workshop before a Council meeting. DEPARTMENT OF PUBLIC WORKS NYSERDA & Climate Protection Presentation Rayna Caldwell, Chair Climate Protection Committee, said that there have been some good meetings recently concerning the opportunity for an energy audit of City owned buildings. Ed Smythe said that small energy business audits are available through NYSERDA. He explained that NYSERDA is a not for profit public corporation funded through everyone’s utility bill. Part of their program is to provide energy efficiency programs. He said the only requirement to participate in this program is that there is one meter and less than $100,000 annually for the utility bill. The City would need to fill out an application, send it to NYSERDA, NYSERDA would then send an auditor to the appropriate City building to look at the lighting, heating, cooling, insulation, etc. Calculations would then be done by NYSERDA with the results being sent back to the City. He said they look for simple improvements in lighting (changing to floursent bulbs), heating/insulation, replacing hot water heaters, etc. He said there is no risk for the City. He then distributed a sample survey from another municipality for the Council members’ review. He said it would be likely that similar savings could be identified here in the City. He said the three buildings that they would look at are the Casino, City Hall and the City Garage. The returnable fees are based on the annual electricity bills. He said the City would need to provide $400 for the Casino, $400 for the garage and $600 for City Hall before the survey begins, however, the money is totally refundable if the Council enacts one of the proposed recommendations from the survey. Commissioner Stephen Towne asked if it was one implementation per location in order to have the funds returned. Ed Smythe said yes. He said three separate surveys would be returned to the Council, therefore, there would need to be three separate recommendations implemented. Commissioner Stephen Towne asked how comprehensive was this survey. Ed Smythe said they review somewhere between five and eight items such as lighting, single pane windows, insulation levels, hot water heating systems, heating/air conditioning, etc., and then determine the payback. Commissioner Stephen Towne asked how long the survey would take to complete. Ed Smythe said it would take about five weeks to do the analysis and then they would make a presentation to the Council. Commissioner Thomas McTygue said he could make the funds available from within his budget for the up front cost. Supplemental Agreement - Barton & Loguidice - South Broadway Paul Male, City Engineer, said this item still had some issues that needed to be worked out. Therefore, Commissioner Thomas McTygue withdrew the item from discussion. Storm Water - MS4 Program - Barton & Loguidice Don Fletcher, Barton & Loguidice reported on the MS4 storm water program. He said in 2003, phase 2 of the storm water regulations were put into place. The first part regulates construction sites to minimize erosion control. The second part of the program is the small storm water system. The storm water management plans have six steps including implementation, education, public participation, construction site management, post construction management and pollution prevention. The City must complete the storm water management plan by March 2008. He said all public comments as of June 1 of this year will be included in the report. This is the completion of year two of the program. Some of the second year activities included: the hiring of a storm water education coordinator, illicit discharge detection and elimination was reviewed, construction site storm water runoff control measures were advanced, post construction storm water management is being developed and pollution prevention is being reviewed. He said next year’s activities Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 include building on all of year two activities by continuing inspections, continuing education, conducting at least one training session at the garage and water treatment plan and continued pollution prevention. Major activities include the development of three local laws. The public comment period on the MS4 program remains open until May 24. Comments may be submitted in writing to the Department of Public Works and they will be incorporated into the report. Equipment Rental Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to rent the following equipment from Pallette: cold planer plus operator at $4,150 per day and paver with operator at $1,298 per day. Ayes all. Paving Schedule Commissioner Thomas McTygue announced the following paving schedule: Monday May 16 East Avenue (Middle Avenue to Bingham Street) milling Schuyler Drive (Lake Avenue to Caroline Street) milling Tuesday, May 17 East Avenue and Schuyler Drive preparation work Wednesday, May 18 East Avenue (Middle Avenue to Bingham) paving Thursday, May 19 Schuyler Drive (Lake Avenue to Caroline street) paving Downtown Pedestrian Improvement Project Paul Male said he was looking for some direction from the Council on where they wanted to go with this project. He said this is a $600,000 project with the bulk of it ($400,000) to be at Woodlawn Avenue. The project has been designed and a bid package is ready to go out. He said because of the recent RFP for the Woodlawn Avenue parking garage, the City has held off on this project. Paul Male said if this project goes out to bid, the work would not commence until the Hub lot is finished. He asked the Council what they would like to do. Mayor Michael Lenz said he is proceeding with the RFP on the Woodlawn Avenue Parking garage, but suggested that in the interim, that it made sense to let the Downtown Pedestrian Improvement Project go out to bid. Council members agreed. Washington Street Drainage Project - Change Orders Paul Male said that a memo had been distributed to Council members on change orders 3 through 10 for the Washington Street project. The total amount is for $430,830. The funding is available and the project will not go over budget with these change orders. Commissioner Matthew McCabe said that the funds are in place. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve changes orders 3 through 10 for the Washington Street project, noting that the funding is in place for this work. Ayes all. Interactive Water Play Fountains Commissioner Thomas McTygue said that there are some additional costs associated with this project. Bill McTygue said DPW has done some of the preliminary work. DPW is requesting funding for the material costs only and not the labor. Commissioner Thomas McTygue said DPW has saved the City a considerable amount of money through their preparation of the site but they need funds to purchase the material items. Bill McTygue said Concord Pools is on site and the work is being done. Commissioner Thomas McTygue reminded Council members that the City is providing a water recirculation system which conserves water but is slightly more expensive. He said they need funds for the material items. Commissioner Matthew McCabe said funding for this project had been previously established. He said he believed there would be enough funds to cover all expenses. The project will continue to move forward and he will bring any issues back to the Council. Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 DPW Annual Report Bill McTygue said the annual report will be distributed to Council members. Other - Flags Commissioner Thomas McTygue displayed the Saratoga Hospital fundraiser flag with will be hung throughout the downtown business district. DEPARTMENT OF PUBLIC SAFETY Waive of Bid - Vehicles Previously discussed. Grand Avenue & Beekman Street - Set Public Hearing Commissioner Thomas Curley requested that a public hearing be set for Tuesday, May 17 at 6:35 for stop signs at Grand Avenue and Beekman Street. McTygue/Starks Agreement - Fill Commissioner Thomas McTygue recused himself due to a potential conflict of interest. Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to add the McTygue/Starks agreement to the Council agenda. Ayes all. Tony Izzo said this agreement would allow the City to dispose of clean fill on the McTygue/Starts land with no compensation to McTygue/Starks. He said there was an issue with paragraph eight in the insurance in that the City cannot provide that type of insurance, therefore, that clause will be deleted. He said the City will need to keep the McTygue/Starks parcel in the same condition as the City found it as part of the agreement. Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the agreement between the City and McTygue/Starks to dispose of clean fill on their property with no compensation to McTygue/Starks. Ayes all. Commissioner Thomas McTygue resumed his seat on the Council. SUPERVISORS Phil Klein said that May is National Senior Citizen month and reviewed some of the Office for the Aging programs. He said they provide nutrition programs at 15 sites throughout the County including the Senior Citizens Center in Saratoga Springs, they provide home care, care giver support, comprehensive case management care and administer the HEAP program. They also provide health care screening, assistance in legal services, referral services, meals on wheels, long term care ombudsman program and transportation services. Phil Klein said on Friday, May 6, the County will honor Vietnam War veterans (one from each municipality) at 10:00 a.m. Phil Klein said on May 22, 2:00 p.m., there will be an informational meeting at the Saratoga Springs Public Library, hosted by himself, Anthony Scirocco and Mayor Michael Lenz on Medicare Part D and prescription insurance. Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 3, 2005 PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Ed Dweck, Town of Saratoga, congratulated the Mayor on the decorum of the meeting. He reminded Council members that Commissioner Thomas McTygue had previously stated that there is coliform in Saratoga Lake but that it could be treated. He said Pcbs could also be treated. Queensbury has not had Pcbs in their raw water. He questioned Kyle York’s credentials noting that he was an investigative reporter. Much of Kyle York’s presentation was material that was gained from the internet. Lee Nelson, 29 Underwood Drive, member of the Citizens Charter Implementation Committee, said their committee has had several meetings with public participation. Included in the charter were 78 items to be implemented. To date, 20 have been implemented, 22 initiated and 36 left unattended. The only department that has completed its mandates is the Accounts Department. Both Finance and the Mayor’s Office have the toughest items to implement. This charter was written for a cooperative whole and not five separate entities. She said after a year and a half, the implementation should have been completed. Kyle York, 59 Railroad Place, said much of his information did come from the internet but it was from the DEC Web site. He said that much of this matter comes down to perception. He said the Pcb issue is not just one farmer dumping some material, but rather it was done for over 30years. He said he believed that Ray Callanan, Supervisor, County Water subcommittee, was confusing the superfund site with this location. In a DEC report of April 2003, they characterize this area as a hazardous site rated at level 2 (level 1 is the highest). Level 2 is a significant threat and action is required. He said the thing to do was to continue to write to the DEC noting that Niagara Mohawk had completed only half of the clean up. He said if there is no response from the DEC then the Supervisors should take up the fight through legal action. 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 9:55 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:55 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 14 of 14