City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 19, 2005 5:15 P.M. PRESENT: Commissioner Thomas Curley, DPS Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Pat Design, Deputy Commissioner, DPW Alicia Farone, Deputy Mayor Debbie Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney PUBLIC HEARINGS Excelsior Avenue Culvert - Amend 2005 Capital Budget Mayor Michael Lenz opened the public hearing: David Waerthim, 17 Excelsior Spring Avenue, said he was concerned with safety along Excelsior Spring Avenue, in particular the infrastructure. He said this road is a popular short cut for drivers. There are no sidewalks or curbs and there are many pedestrians. There will be increased traffic because of Excelsior Park. He was concerned with safety in this area. Paul Robbins, 13 Patricia Lane, said he was not sure who is saying that they don’t want to see Excelsior Springs Avenue reopened but that was not the case. It is a major inconvenience. He said that he did not have a petition from neighbors but could get one. He said he called DPW and talked to City staff about getting the road reopened. He also suggested a four way stop sign at the top of the hill. Commissioner Thomas McTygue said that because of the new charter, funding for projects has become an issue. He said that they have been trying to get an engineer on board for design of the project and then it needs to go out to bid. This project could cost more than $200,000. The financing mechanism needs to be put into place first. He planned to request that it be added to the 2006 capital budget. However, he would like to see the project completed by the fall. Debra Waerthim, 17 Excelsior Spring Avenue suggested that when Excelsior Spring Avenue is reopened that speeding be addressed. She said there should be additional signage. She also suggested more enforcement. Commissioner Thomas Curley said that could be reviewed. She asked for speed limit signs and curve signs. Commissioner Matthew McCabe said his office has been studying the charter for some time now and there will be many more discussions on appropriation and emergency repairs. He said that there needs to be a system in place for funding. There are options to consider though, however, his department needs projected dollar amounts for projects like these. Commissioner Thomas McTygue said he was prepared to hire a firm in the amount of $22,233 for the engineering services to design this project. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Page 1 of 18 Interlaken Water System & Engineering Services of Barton & Loguidice - Amend 2005 Capital Budget Mayor Michael Lenz opened the public hearing. Commissioner Thomas McTygue said this is a public hearing to discuss the engineering services for Barton & Loguidice for the Interlaken Water System and to amend the 2005 capital budget for this cost. Martha Stroll, President, Interlaken HOA, said the HOA supported this proposal. She strongly encouraged the Council to purchase this water system. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Water Treatment Plant Ultraviolet system - Amend the 2005 Capital Budget Mayor Michael Lenz opened the public hearing on amending the 2005 capital budget for the water treatment plant disinfection system. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Alternate Board Members Mayor Michael Lenz said this was a public hearing on proposed Local Law #5 to provide for alternate members of the Planning Board, Zoning Board of Appeals and the Design Review Commission. He said in 1998 the state passed legislation allowing alternate board members. His proposal is for two alternate members for each board and they are to be used when there is a recusal or absenteeism. He said in January 2005 the Ethics Committee, comprised of the chairs of the boards, recommended that the Mayor initiate the alternate board member matter. This proposal was sent to each of the boards for their review. He said there have been some minor revisions to the proposals including the rotation of alternate board members, alternate board members will not participate at agenda meetings and the clause that retired board members were to be used was removed. He said there are 11 municipalities in the county that currently use the alternate board member legislation and it was time for the City to do so. The City’s comprehensive plan also calls for this. He said he has altered the appointment effective dates so they will now expire on December 31, 2006 & 2007 rather than 2007 & 2008. If adopted, he would, therefore, appoint a total of six alternate board members. Mayor Michael Lenz opened the public hearing. Charlie Morrison, 88 Court Street, said he forwarded correspondence to Council members this morning expressing his concern about this proposal, however, since that time he had spoken to the Mayor and he now supports this legislation. Valerie Keehn, 41 Benedict Street, said she appreciated the service that Board members provide for the City, however, she opposed this legislation. She believed it would create significant problems. There has not historically been an absenteeism problem. Only very recently on two of the Boards was this an issue. The Mayor should address the absenteeism issue rather than appointing alternate Board members. There is no compelling reason to have alternate Board members. Not all Board members support this proposal. Carol Maguire said a few years ago she requested that professional biographies of board members be posted on the web site. That has not yet been done. She has attended many meetings over the last three years and questioned the reasons for making this proposal. When applicants appear before these Boards they are requesting a change to the fabric of the City. The City seems to transitioning to the “Manhattan off the Northway”. She again questioned the reasons for making this proposal. Absenteeism is not a problem. It is up to the applicant when appearing before the Board to request a postponement or withdrawal of their application. She asked the Council to reconsider this proposal. Chris Mathiesen, 28 Friar Tuck Way, chair of the ZBA, said there is a need for alternate Board members. There have been nights when there is not a full board. It puts the applicant at a disadvantage. Applicants need to have four positive votes; if they don’t get four, it becomes a denial. He suggested that the alternates’ terms be Page 2 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 for one year rather than two. He agreed with the changes that the Mayor had suggested. He said that Board should be operating at full strength. He would have appreciated the opportunity to participate in the crafting of this legislation, however, he did support the proposal. Eileen Fineran, ZBA member, opposed the legislation. She has served on the board for 18 months and only occasionally has there been five or six members. Many of the other communities have only five member boards and that makes a difference. There should have been the opportunity for the Boards to meet jointly on this matter. The boards requested that opportunity and were not granted that request. Peter Tulin, 40 Sarazen Street, said this idea has been floated for many years. This is a slippery slope and arbitrarily changes the rules of the game. Applicants know the rules when they appear before the Boards and they know whether they have a good case or not. He was concerned that alternate Board members may not be as fully engaged in the process as regular Board members. This will set the City up for litigation. It takes a long time for Board members to get up to speed when reviewing cases. He said perhaps the issue was the seven year length of term for regular Board members. Valerie Keehn, 41 Benedict Street, said she differed with Chris Mathiesen on whether there have been four Board members at meetings. She said according to the City’s web site that is not true. Chris Mathiesen said in fact it did happen when a meeting was started late because there were not four members present. He said this proposal would enable the boards to fill a position when there is an absence or recusal. He said he would like to see previous Board members used though. Teresa Capazolla, 57 Gilbert Road, said she did not see the reason for this proposal. The current system has been working. Developers should not be rewarded by having an alternate step in. There are benefits to this proposal, however, she was very concerned that with all of the good intentions of this proposal, there could be bad results. She suggested that if a Board member is going to be absent or recused, it should be done so in writing. She was also concerned that there could be recusals that may not normally have happened. Anthony Scirocco, 27 Pinewood Avenue, said this was a good proposal. He said alternate Board members could be brought up to speed. It is becoming harder to find people to serve on board and alternates would help on that matter. Matthew Jones, 2 Victoria Lane said these arguments were reviewed under the comprehensive plan and ultimately the Council made the decision to include the matter in the comprehensive plan. The applicant is required to obtain four affirmative votes. He said as a matter of fairness, all applicants have the right to seek relief from these boards. He said applicant keep close watch on whether there will be a full board and they do have the opportunity to postpone their application until there is a full board. He also reminded everyone that during a recent forum in March 2004, there were many discussions on ethics of exposure and recusal. He said for a Board member who feels that it may be a close call as to recusal, currently that Board member may not recuse himself/herself without penalizing the applicant. Pat Kane, Chair DRC, said that attendance at the DRC has not been an issue, however, he supported this proposal. He said that DRC members serve three years terms and for consistency, perhaps they should have seven year terms. He said he believed that alternates should be required to come to meetings. It would be unfair to an applicant to have to bring an alternate up to speed. Alternates should be required to attend the workshops. Mayor Michael Lenz said the seven year term was a matter for another day. He said that alternates will attend workshops and meetings. They will be required to abide by the bylaws of these boards. Bob Bristol, Chair Planning Board, said the underlaying concept of this proposal was to be fair to applicants and to have the Boards operate a full strength. He said there have been several times when there have been less than seven Board members and it is uncomfortable. The comprehensive plan calls for this proposal and the time was right. He encouraged the Council to enact this legislation. Page 3 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Chris Mathiesen, said it could be difficult to fill these alternate positions by requiring them to attend every workshop and meeting only to do nothing. He urged that the previous board members be used. Pat Kane said he supported this proposal, however, suggested that it be tabled for two weeks to work out the details. Mayor Michael Lenz said he was comfortable in voting on this matter this evening. Eileen Fineran agreed that it should be tabled to give everyone more time to review the material. She said recusals should be for financial related issues and conflicts of interest. Lou Schneider, 5 Valerie Road, Planning Board member, said he opposed the alternate board member proposal. He said that applicants know when they have a good application. He agreed that the matter should be tabled this evening. This should be discussed at the Board’s quarterly meetings. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz reconvened the meeting at 7:25 p.m. Mayor Michael Lenz reported that the meeting was called to order at 5:20 p.m. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 5:20 p.m. for the purpose of discussing CSEA Contract, land acquisition and Article 7 Litigation - GBR. Ayes all. Council members returned at 6:10 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Fred Whipple, 11 Moore Avenue, President of the Firefighters union, read into the record a letter signed by the presidents of the PBA, CSEA City Hall Unit, CSEA DPW Unit and the Firefighters unions requesting additional time for the four unions to review the proposed Employee handbook. Mayor Michael Lenz said it was not his intention to vote on the matter this evening. Dan Horowitz, 176 Regent Street, said he was reviewing his cable bill and saw that there is a local franchise fee. He said it made him think about the $289,000 that the cable company recently sent to the City. He said the City needs the PEG programming. During the budget cycle, the Council should be thinking about this. Jacki Pardon, 11 Ten Springs Drive, field organizer for the cable contract, said she planned to make a formal presentation at the next Council meeting on this matter. There is a bill pending before the US Senate on cable franchise fees and she is trying to obtain more information on this matter. She said it could impact the City in that it could prohibit the City from negotiating with the cable company. She said that during the budget cycle the Council will need to consider the request of approximately $150,000 to fund this negotiation process. She also said that she knows of some individuals who are interested in speaking to the Council on video taping the meetings. David Bronner, 5 Royal Henly Court, said in December 2004, the Council passed a resolution to pursue the county water option. He said the City needs to solidify its desire to participate in the County plan. The City should take whatever steps are necessary to purchase supplemental water from the Council and lock in on that deal. It is time for the City to make a commitment. Page 4 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Kyle York, 15 Railroad Place, said that Queensbury, DEC and Nimo are still charged with cleaning of the site near the Queensbury intake. He said he recently got a letter from NYS stating that DEC and Nimo have been working on this matter. The material is still in draft so is not subject to FOIL laws. He said though that it could result in a clean up of the site and when could then impact the County’s proposal. Peter Tulin, 40 Sarazen Street, complimented the Council and the public on the good discussion on the alternate board member proposal. Mayor Michael Lenz closed the public comment period. EXECUTIVE SESSION Executive Session - Land Acquisition Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to hire Monroe Title Insurance by Behan Planning Associates in the amount of $2,900 for a title search and title insurance on the Brust parcel. The funds are available from the City’s open space line. Ayes all. Executive Session - Article 7 - GBR (05-142) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to establish the assessed value for GBR at $13,500,000 for 2003, $13,750,000 for 2004 and $13,750,000 for 2005. Ayes all. MAYOR=S OFFICE Local Law #5 - Alternate Board Member Legislation (05-143) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adopt Local Law #5 of 2005, to provide for alternate members of the Planning Board, Zoning Board of Appeals and the Design Review Commission, noting that the initial alternate Board members terms will expire on December 31, 2006 and December 31, 2007. Mayor Michael Lenz said this topic has been discussed for many years and was recommended by the Ethics Committee. He appreciated the input from the boards and the public, however, he wanted to vote on this matter this evening. Commissioner Matthew McCabe said he appreciated the comments this evening. He believed there was some consensus that alternate board members could serve a purpose, however, their roles needed to be more clearly defined. He agreed there should be a workshop among the boards to work out the details. He said he was close to supporting this proposal. Mayor Michael Lenz said the last line of the legislation specifically governs all three boards and it mimics the existing legislation in that alternate Board members will be required to adhere to the legislation as regular Board members do. Commissioner Thomas Curley agreed that the alternate board member roles need more definition. He said they should be required to attend all of the meetings. They need to be fully informed. He suggested that some consideration be given to having nine member boards with only seven voting. Mayor Michael Lenz said he did not want to limit the City’s option by only using previous Board members. He said this legislation did not preclude the use of previous board members but also did not limit the use to them. Page 5 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Commissioner Matthew McCabe agreed there are many qualified individuals throughout this community who could serve on these boards. He said though that this is important legislation and the details need to be worked out. Commissioner Stephen Towne said this proposal has been around for some time. The legislation itself has been available for more than a month. There have been comments from the Boards, the Mayor and the public. The Council is now considering those comments. He said though that sometimes there is an honest difference of opinion and delaying the matter may not help. This is a complex issue. This could be good training ground for alternate Board members and perhaps they could step into a full board member position when there is a vacancy. The boards need to be at full strength. He said he would support the legislation. Commissioner Stephen Towne: aye Commissioner Matthew McCabe: nay Commissioner Thomas McTygue nay Commissioner Thomas Curley nay Mayor Michael Lenz aye Motion denied. ACCOUNTS DEPARTMENT Resolution - County Distribution of Surplus (05-144) Phil Klein and Anthony Scirocco said recently the Saratoga County Law & Finance Committee met and a resolution was passed to distribute more than $5,000,000 to the municipalities in the County. He said it was his preference that the City use these funds by giving it back to residents. He said each town will get a distribution based on population and the City will end up with $791,664. He said he had talked to many City residents on this proposal and they would like to see the tax levy reduced. Therefore, he encouraged the Council to reduce the tax levy Commissioner Thomas McTygue asked when the City would see the check. Phil Klein said between 60 and 90 days. Commissioner Stephen Towne said he supported the request to use the revenue to provide tax relief. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded the following resolution: Surplus Fund Resolution WHEREAS, the Saratoga County Board of Supervisors has passed a resolution approving the payment of $791,664 out of County of Saratoga surplus funds to the City of Saratoga Springs; and, WHEREAS, the citizens of the City of Saratoga Springs have seen steady increases in their property tax burden over recent years; and, WHEREAS, the City Council of the City of Saratoga Springs desires to take steps to plan for the control of property taxes for the 2006 budget year; NOW, THEREFORE, BE IT RESOLVED, that upon receipt of the $791,664 payment of surplus funds from the Saratoga County Board of Supervisors, that the City Council of the City of Saratoga Springs shall not make said funds available for any expenditure during the 2005 budget year, except in the case of an emergency; and, BE IT FURTHER RESOLVED, that said surplus funds received from the Saratoga County Board of Supervisors shall only be used for expenditures in the 2006 budget year; and BE IT FURTHER RESOLVED, that said surplus funds received from the Saratoga County Board of Supervisors shall, to the extent practicable, be used for property tax relief for the citizens of Saratoga Springs during the 2006 budget Page 6 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 year. Commissioner Matthew McCabe said he had spoken to Matthew Dorsey on this matter and this was different from what was originally proposed. He said this money from the County should not impact the City’s thoughts on revisiting the OTB and Admissions Tax revenue. He said this was a good step though. He said he was happy to support this proposal and appreciated the efforts of the supervisors. Commissioner Thomas McTygue said this is a good gesture on the County’s part but it should be more. He said they collect more than $18 million in taxes and the City should have a bigger share. Mayor Michael Lenz also thanked the supervisors. He reminded everyone that the City recently received funding from the County for the parking deck and with this distribution of funds the City now will have received about $2 million. Ayes all. DEPARTMENT OF PUBLIC WORKS Interlaken Water System (05-145) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the purchase of the Interlaken Water System, land and infrastructure from the Saratoga County Water Authority for $70,000. The money is in the water budget. Ayes all. Barton Loguidice - Amend 2005 Capital Budget (05-146) Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to amend the 2005 capital budget to include the engineering contract with Barton & Loguidice to improve the Interlaken Water System in the amount of $78,600. The bonding for this project will be paid for from the water budget. Ayes all. DEPARTMENT OF PUBLIC SAFETY West Avenue Fire House Chief Robert Cogan made a power point presentation on the structural problems at the West Avenue Fire Station. Marilyn Rivers said the building had been identified through NYMIR inspections with structural deficiencies during 2003. She explained that there had been leakage from the flashing over the last ten years which has created a deterioration in the integrity of the structure. With the thawing and freezing the blocks begin to bulge, break and then fall. She said SEMS had reported this to OSHA and the City had been put on notice by OSHA. If the damage is not repaired, the City may be subject to fines by OSHA. She said NYMIR identified this as a critical issue. Commissioner Thomas Curley said that Paul Male, City Engineer and Debbie LaBreche, Assistant City Engineer have been working for quite some time on this matter. He said he needed some direction from the Council. Commissioner Thomas McTygue asked what was the projected cost of the project. Chief Robert Cogan said the estimate from the engineering firm is between $140,000 and $160,000. He said they proposed two types of material to cover the facade - EIFS or brick. The EIFS material would cover the building at a cost of between $80,000 and $90,000. Using brick, the cost goes to about $160,000. The brick is a more sturdy material though. The life span and durability of the EIFS material is not long. He said they have also included new overhead doors in the estimate. Page 7 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Commissioner Thomas Curley said they currently have $50,000 in the capital budget. He was hoping to transfer the $50,000 allotted to the Lake Avenue capital budget, however, that cannot be done. He said there are some misc. accounts with funds that could be transferred to this line item amounting to about $7,300. Chief Robert Cogan said the engineer on board will prepare the specifications as part of his cost. DPS has about $50,000 and will require an additional $100,000. Matthew Dorsey said there is a provision in the charter for emergency expenditures. He said if this is a capital project, the capital budget will need to be amended which will require a public hearing. Council members agreed that this should not be delayed. It was agreed that a special meeting would be set for Tuesday, July 26, at 9:00 a.m. with a public hearing on this matter. MAYOR=S OFFICE CLG Grant (05-147) Mayor Michael Lenz said the City has an opportunity to submit a grant under the Local Certified Government Program with a due date of July 18, 2005, for updating and republishing the “Guidelines for the Preservation of the Saratoga Historic District” handbook. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to submit the grant application in an amount not to exceed $16,000. He noted that $4,000 had already been budgeted by the Council toward the printing costs associated with the handbook which should serve as the 40 percent local match. Ayes all. Capital Budget Public Hearings Mayor Michael Lenz set public hearings on August 2 and August 16 on the capital budget. Six Year Capital Program Mayor Michael Lenz said the six year capital program will be implemented during this budget cycle. He said the capital program committee had been meeting on a regular basis. He planned to present the six year capital plan at the first meeting in September per the charter. Both the six year capital program and the capital budget will be transmitted to the Finance Department at that time. He noted that he had spoken to several Commissioners on the infrastructure inventory. He said DPW and DPS are working on those inventories, however, they will not be done in time for the capital program discussions. The capital program committee will move forward with the material that they have in hand. Clown Week Proclamation (05-148) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs WHEREAS the personality of the clown holds a special place in our national folklore. Clowns have been immortalized in great literature, have been the subject of scores of psychological treatises, have served as fashion icons and have completely dominated every form of American popular entertainment from vaudeville to video. It is no exaggeration to say that any list of the most beloved, famous and celebrated Americans would include those who make us laugh, and Page 8 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 WHEREAS, in our complicated world laughter is an asset beyond price, and the talented men and women who practice the act of clowning in its many forms are among our national treasures. They bring us closer together, relieve our stress and anxiety, combat violence, prejudice and hatred, and provoke us to think, and WHEREAS, this week in Saratoga Springs members of Clowns of America International will join with the Electric City Clowns Alley of Schenectady, the Happy Valley Clowns Ally of Loudonville, and our own Carefree Clowns Class of the Saratoga Springs Senior Center in presenting their joyous and uplifting activity to the public, NOW, THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to proclaim the week of July 24, 2005 as CLOWN WEEK in the City of Saratoga Springs, and to join with my fellow Saratogians in celebrating the showmanship, the heart, and the genius of America's clowns. Briansky Saratoga Ballet Center Proclamation (05-149) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs WHEREAS, the City of Saratoga Springs has long been a destination for gifted and celebrated dancers and choreography. Saratogians have always been proud and honored to host such talented and dedicated artists, and WHEREAS, four decades ago Oleg Briansky and Mireille Briane founded the Briansky Saratoga Ballet Center at Skidmore College. It is no exaggeration to say that their work has made history. The center has been a training ground, a forum, and a resource for dance students and professionals from around the world. It has been an indispensable asset to Skidmore and to the Saratoga Springs community, and it has provided audiences with countless memorable performances, NOW, THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to join with my fellow Saratogians in congratulating the founders, staff and students of the Briansky Saratoga Ballet Center on the occasion of the Center's first 40 years of excellence. Excelsior Avenue Corridor Plan & Church Street Corridor Plan (05-150) Mayor Michael Lenz said at the Planning Board June 21, 2005, meeting there was a presentation on the proposed Excelsior Avenue Corridor Plan. The plan identifies approximately $41 million in needed transportation improvements for the corridor and proposes a fair share plan for new development projects to pay for these improvements. On June 1, 2005, the Planning Board voted 7-0 to adopt this plan as a policy guide. They have requested that the City Council also endorse this plan as a policy guide. Adopting this plan as a policy guide does not necessarily commit the Council to every one of the improvements identified in the report. The Council will have to give the final financial authorization for each improvement. There were several questions raised at the June 21 meeting. He had hoped to have a workshop to explore those questions in more detail, however, due to vacations and scheduling problems it was not possible. On June 30, the City Planner did send out some additional information which should have clarified the issues raised. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to add both the Excelsior Avenue Corridor and Church Street Corridor items to the agenda for discussion and vote. Ayes all. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded that the Council endorse the Excelsior Avenue Corridor plan as a policy guide and that the City defer SEQR lead agency status to the Planning Board for the development of the fair share implementation program with the preparation of a generic environmental impact statement. It was also noted that the supplemental material would be included within the policy guide as part of the packet. Commissioner Matthew McCabe noted that the text on round-abouts and three way stops were used Page 9 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 interchangeably in this document. He requested that the study be amended to include the supplemental materials. Commissioner Stephen Towne asked about the timing of the recommendations. Geoff Bornemann said these are long range plans for traffic improvements to be paid for by future projects. The Planning Board will collect fees from the developers and the Council will administer those fees. He said much of the timing is dependent upon when the project makes an application to the Planning Board. He said if the Council adopts this document as a policy guide, it will be used as a reference point for the Planning Board. He said the projected costs were done over a ten year period and not today’s numbers. He said the City will not be obligating itself to funding any of the unfunded costs of these projects. He said he was confident that the projected $1 million was an accurate figure. Commissioner Stephen Towne said he did not want to see the City paying for these improvements. Commissioner Matthew McCabe clarified that the City would not be locking itself into any financial position by adopting this policy guide. He again said that he wanted to see the supplemental materials included in the guide. Commissioner Thomas Curley said these policy guides were a step in the right direction. He said this was a good, fair way to get projects completed and he would support adopting them as guides. Ayes all. Church Street Corridor Plan (05-151) Mayor Michael Lenz said that at the Planning Board’s June 21 meeting was also a presentation on the Outer Church Street Corridor Plan. The Planning Board voted 7-0 to adopt this plan as a policy guide. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Council endorse the Outer Church Street Corridor plan as a policy guide. Geoff Bornemann said this study was for the outer Church Street corridor out to Buff Road. He said it includes a traffic light at Kirby Road & Church Street (the state will pay for that traffic light). Commissioner Thomas McTygue asked abut water connections and extension. Geoff Bornemann said this plan was a traffic mitigation plan. He said it is for the area from the railroad tracks to Buff Road. Commissioner Thomas McTygue said he would like some assistance in getting the street lights at One West Avenue repaired. Ayes all. Quit Claim Deeds - Streets in Joseph Street Subdivision (05-152) Matthew Jones, attorney, said this quit claim deed is for two streets within the Joseph Street subdivision. The streets are known as Fowler Street and South Street. Neither of these streets was ever used as a Street. The Real Estate Committee met and moved to recommend that the City take steps to allow the property owner to comply with the Planning Board recommendations. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the recommendation of the Planning Board and the Real Estate Committee to allow the property owner to develop Fowler Street as a City Street and to further accept the recommendation of the Planning Board and the Real Estate committee to issue a quit claim deed to the property owner for South Street. Ayes all. Human Resource Policy/Procedure Manual Page 10 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Mayor Michael Lenz said that the Human Resource Policy/Procedure Manual was distributed on June 22. His office received input and suggestions from various departments and those comments have been incorporated into the document. He noted that the unions have asked for more time to review the material and he would hold off voting on the matter until the next Council meeting. Brust Purchase SEQRA Determination Mayor Michael Lenz removed this item from discussion. Corcoran Purchase SEQRA Determination (05-153) Matthew Dorsey, City Attorney, said that the City proposed to purchase the Corcoran parcel for $275,000. There needs to be a SEQR determination before the purchase can be made. He said that the information had been distributed to Council members along with the long form of the EAF which was prepared by Behan Associates Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, the City of Saratoga Springs is under a purchase contract for the acquisition of a primarily upland, wooded site with a pond and several streams (tributaries of the Kayaderosseras Creek) of approximately 46.11+/- acres, and 640 feet of frontage located at the southwest side of Route 50 for the public lands to be acquired and used for the strict purposes set forth under the City of Saratoga Springs Environmental, Parks and Open Areas Program; and WHEREAS, the proposed lands to be acquired are: a significant contributing element of the Route 50 South Signature gateway identified in the City of Saratoga Springs 2001 Open Space Plan Update; are specifically identified in the City’s open space mapping and resource analysis; and meet several criteria for the City’s program (signature gateway and highly publicly visible parcel, wetland/watershed/stream corridor; open land/natural area preservation; green way/trail potential; habitat area; passive park potential; potential for public access; adjacency to existing open space area -Wood Hollow Nature Preserve; and, WHEREAS, a Phase 1 Environmental Site Assessment of the project site was conducted in July 2005 by C.A. Smith on behalf of the City of Saratoga Springs with the results indicating no significant environmental concerns; and NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Saratoga Springs identifies the project action to be a Type 1 Action under SEQR with the city as the sole agency directly undertaking or approving of the action, and that the project as described is subject to the State Environmental Quality Review Act (SEQR) and requires that the preparation of a full Environmental Assessment form; and utilizing a full Environmental Assessment Form prepared by its consultants, Behan Planning Associates, has conducted a review of the proposed action utilizing said SEQR; and BE IT FURTHER RESOLVED that the City Council of the City of Saratoga Springs has reviewed and analyzed Parts 1 and 2 of the full EAF, and hereby determines that the project will not result in any large or important impacts and therefore is one which will not have a significant impact on the environment and further that a draft Environmental Impact Statement will not be prepared. A negative declaration will be prepared, be reviewed by the City Attorney and filing and notification will be conducted as required. Ayes all. Page 11 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Visitor Center Donations Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to accept the following donations: for the Spa City Band Concerts: Price Chopper $300; Downtown Business Association $300, Ben & Jerry’s $250, Redhedz Design $275; Schenectady Gazette $2,331.75; Chamber Music Series: Saratoga Guitar $75; Lyrical Ballad Bookstore $75 and The Shoppe $25; for the Multicultural Music Series: Bob & Josie Pasciullo $50, Ben & Jerry’s $250 and Shannon Rose Design $552.50. Ayes all. Subordination Agreement - Seymour (05-154) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the subordination agreement for Scott Seymour at 6 Fern Drive noting that the City will maintain its second position as originally designed. Ayes all. Camp Saradac Announcement Mayor Michael Lenz announced that the drop of area for the Camp Saradac program will be changed from Lake Avenue to Caroline Street. Commissioner Thomas Curley said that a school crossing guard will also be used. Batcheller Mansion Easement Mayor Michael Lenz removed this item from discussion. Joseph Street Quit Claim Deeds Previously discussed. Ice Rink Leases Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the lease between the City and the Youth Hockey. Ayes all. ACCOUNTS DEPARTMENT Approval of July 5, 2005, meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the July 5 meeting minutes with a few minor corrections. Ayes all. City Center - Change Order Request Main Hall Floor Renovation Mark Baker said this is a change order to an existing contract which was previously approve by the Council. He said they discovered a significant moisture problem when the project was begun. They contacted 14 firms and prices were sought to address the matter. Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the change order to the previously approved contract (April 5, 2005 in the amount of $159,500) for the Main Hall Floor Renovation with SLR Contract Service Company, Inc., in the amount of $100,817. This change order has been reviewed by the Purchasing Department and meets purchasing guidelines. The required certification of funds was also approved by the Finance Department. The City’s Risk & Safety Manager has reviewed the material, however, the City Attorney has not yet reviewed the material. Ayes all. Page 12 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 County Distribution of Surplus Previously discussed. Risk & Safety Management Quarterly Update Marilyn Rivers reported that recently there was CPR education for DPW and Recreation staff held at the Weibel Avenue rink. She thanked Tom Knight for volunteering his time in conducting that education program. She said the blood borne pathogen program is now in compliance for Camp Saradac. NYMIR recently completed their property surveys which will assist the capital program committee in developing that program. Risk & Safety Management currently has 44 open case files. Both she and NYMIR continue to work with the Hub Parking Committee. Election Process Regarding Voting Machines Commissioner Stephen Towne said as part of the HAVA act, New York State has received more than $220 million to upgrade its election system. The State Board of Elections is still undergoing a process to determine which machines will be used in New York State. It is expected that the City will be expected to house, repair and maintain the voting machines that we own and to continue to pay the machine custodians and inspectors through the 2005 election. After the election, it is expected that Saratoga County Board of Elections will take over ownership, machine responsibilities and expenses, machine custodian and Election inspector expenses at that time. Maintenance of Fixed Asset Inventory Commissioner Stephen Towne said that presently the maintenance of departments fixed asset inventory is being done by the Risk & Safety Manager. Debbie Harper, Deputy Commissioner Accounts, said each department has some responsibility in maintaining the fixed asset inventory. She said according to the City charter, the purchasing agent shall annually maintain and update all inventories prepared by the City departments and entities. She said currently Marilyn Rivers spends between 16 and 20 hours per month inputting the data into the fixed asset inventory. Those hours increase significantly at the end of the year for year end reports. She said decentralization of the monthly input is now necessary. Each department should arrange for access in the Munis program so that each department can maintain their own fixed asset inventory. Each month a hard copy should be forwarded to Marilyn for filing. She said that the fixed asset inventory must be a true reflection of what the City owns. Commissioner Stephen Towne said the decentralization of the maintenance of the fixed asset program is not a significant change. He was just simply asking departments to maintain their own inventory. Jelenik Zoning Amendment, 41-45 Jefferson Street Commissioner Stephen Towne requested that the public hearing for the Jelenik Zoning Amendment for 41-45 Jefferson Street be set for September 6 at 6:50 p.m. and for the comprehensive plan amendment for the Jelenik application for September 6 at 6:45 p.m. Ethier Zoning Amendment 30 East Broadway Commissioner Stephen Towne requested that a public hearing on the Ethier Zoning Amendment for 30 East Broadway be set for August 19 at 6:55 p.m. Ethier Zoning Amendment, 289 Jefferson Street Commissioner Stephen Towne requested that a public hearing on the Ethier Zoning Amendment for 289 Jefferson Street be set for August 19 at 6:50 p.m. Page 13 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: July 15, 2005 - $373,360.51 and July 8, 2005 - $418,747.95. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 7/19/05 2JUL05 $372,641.69 2005 mini warrant 7/13/05 MC1JULO5 $ 77,772.48 Ayes all. Budget Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payroll transfers as previously distributed (Attachment A). Ayes all. Budget Transfer - Regular Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the regular transfers as previously distributed (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget amendments as previously distributed (Attachment C). Ayes all. CSEA - DPW Unit Collective Bargaining Agreement Budget Impacts Commissioner Matthew McCabe said that at the May 3 Council meeting the Council approved the Memorandum of Understanding between the City and CSEA DPW contingent upon the Finance Department returning to the Council with the budget impact. He said this is a four year contract and the impacts are as follows: 2005 - $138,000; 2006 - $137,000; 2007 - $247,000 and 2008 - $152,000. He said that it was important that Council members are aware of the impacts to the budget when approving contracts. Open Space Expense Report Commissioner Matthew McCabe updated the Council on the open space expenses. He said that to date the City has spent approximately $1 million. He said 90 percent of the expenditures were for land and 10 percent was for other misc. costs. Parking Alternatives Commissioner Matthew McCabe said he had been working with Mark Benequista on parking. Commissioner Thomas Curley said that there was the concern about the weekend parking in the loading zone areas. He said those parking spaces will have new signage so that they will be tied to the two hour restrictions. This will eliminate cars from parking in one spot for the entire weekend. Page 14 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Data Networking Commissioner Matthew McCabe said that last week there was an article in one of the newspapers about Clifton Park going on line and accepting payments via credit cards. He said there is still progress to be made here in the City. He said staff is looking at all of these technological aspects and he will continue to report to the Council on this matter. Budget - 2006 Commissioner Matthew McCabe said that topic had been covered in the many discussions this evening. Insurance Broker (05-155) Commissioner Matthew McCabe reported that it was his plan to use Adirondack Trust Company as the broker of record for health insurance. He said the existing broker of record, Bruce Morrow, will be displaced by this new arrangement. Bruce Morrow requested that the City postpone changing the broker of record. He said he would like the opportunity to present some new ideas and options. Commissioner Matthew McCabe said he was willing to talk to Bruce Morrow, however, he would continue to proceed with Adirondack Trust Company. Commissioner Thomas Curley clarified that there would be no changes to the existing health insurance coverage. Commissioner Matthew McCabe agreed. He said the broker of record simply transfers who is representing the City. There will be no changes in health insurance coverage. He explained that as it currently stands the City has two brokers representing four carriers. With this change where will be one broker. He said this will streamline some of the activity. Commissioner Thomas Curley said it was important to offer the same benefits to employees. He said he did not want this to become a union issue. DEPARTMENT OF PUBLIC WORKS Water Treatment Plant - Amend Capital Budget (05-156) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to amend the 2005 capital budget to include the ultraviolet radiation disinfection and settling basis improvement project at the water treatment plant in the amount of $1.3 million. This project had been previously approved by the Council on April 15, 2003, and then amended on February 15, 2005 to include the setting basin. Commissioner Thomas McTygue said the cost of the bond and payment of the bond will be borne by the water budget. Ayes all. Interlaken Water System Purchase Contract Previously discussed. Interlaken Water System Engineering Service Previously discussed. Excelsior Avenue Culvert - Amend Capital Budget (05-157) Page 15 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Commissioner Thomas McTygue said that the City had received two proposals from engineers on this project. Paul Male said that the least expensive proposal at $22,333 was received from Earth Tech. He said the inspections of the project could be handled by City staff. Both the City Attorney and the Risk & Safety Manager need to review the material. Commissioner Thomas McTygue said the construction work would be requested in the 2006 capital budget. There was a question if the construction would be done this year or next. Commissioner Thomas McTygue said he would like to have the work done this fall. Commissioner Matthew McCabe said if the construction work is going to be done this year, then the 2005 capital budget would need to be amended for that dollar amount. Commissioner Stephen Towne mentioned the cost of the bond and the time constraints in getting the bonding completed. He suggested that amendments to the 2005 capital budget be packaged so that time and money could be saved. There was some discussion on funding the engineering services from contingency or surplus. Mayor Michael Lenz suggested doing a BAN for the $22,333. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to authorize an amendment to the 2005 capital budget for $22,333 for the engineering services from Earth Tech of Latham for the Excelsior Springs Avenue culvert contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. CSEA DPW Contract Amendment (05-158) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to add a new line to the current DPW CSEA contract entitled cleaner at the rate of $12.75 per hour. There is union approval for this and it is pending Civil Service approval. Ayes all. Sick Bank Request Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to approve the sick bank request for John Hopkins for two days. Ayes all. LeChase Construction - Change Order Paul Male reported that this is change order #3 to modify the west wall closest to the Adirondack Trust Company’s project in the amount of $19,110. He said this has been reviewed and approved by the parking garage committee as well as the City Attorney and the Risk & Safety Manager. He also has the certification of funds. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve change order #3 to LeChase Construction in the amount of $19,110 contingent upon the budget amendment. Ayes all. Donations Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to accept the donation from the Saratoga Foundation in the amount of $10,000 for the Interactive Play Fountains. Mayor Michael Lenz informed the Council that the correct amount was $15,000. Ayes all. Italian Gardens Page 16 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 Commissioner Thomas McTygue said because the City may not host fundraisers, he as an individual citizen would do so. He asked for permission to use the Casino rent free. The money raised from this event will go into a special account for the redevelopment of the Italian Gardens. He will report back to the Council with more details at a later date. Commissioner Stephen Towne asked how much Commissioner Thomas McTygue would be looking for from the City. Commissioner Thomas McTygue said about $20,000 during 2006. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to allow the use of the Casino, rent free, for Thomas McTygue for a fund-raising event for the redevelopment of the Italian Gardens. Ayes all. High Rock Avenue Parking Lot Commissioner Thomas McTygue reported that the draft RFP for the development of the High Rock Avenue parking lot had been distributed. He said he would like to get this out by the end of the week and asked that comments be forwarded to him. DEPARTMENT OF PUBLIC SAFETY NYRA Fire Contract Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract between the City and NYRA for fire protection services during the racing meeting in the amount of $58,432. He said this money pays the cost of the firefighters and equipment during the meet. Ayes all. West Avenue Fire House Previously discussed. SUPERVISORS Nothing at this time. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Ed Dweck said at the last Council meeting Commissioner Thomas McTygue requested information on their budget. He noted that the professional fees line in 2003 was $9,275 and in 2004 it was $12,017 (most of that amount was for Chazen Engineering). He said the amount included in the 2006 budget for professional fees is zero. Kyle York, 59 Railroad Place, said he believed that Commissioner Thomas Curley had taken several cheap shots over the last several months. He said the DEC Pcb plan has been shrouded in secrecy. He said that everyone should take a drive to Fort Edward to view the logistical nightmare of the clean up that is about to take place. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. Page 17 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 19, 2005 ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:40 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 18 of 18