City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING & WORKSHOP CITY COUNCIL ROOM TUESDAY, JANUARY 17, 2006 5:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW ALSO PRESENT: Cheryl Keyrouse, Supervisor Joanne Yepsen, Supervisor Lew Benton, Chair, Planning Board Lou Schneider, Planning Board Michael Perkins, Planning Board Jamin Totino, Planning Board Bob Israel, Planning Board Rich Straut, Barton & Loguidice Bill McTygue, Director, Public Works STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Patrick Design, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Nancy Ohlin, Deputy Mayor Michael Englert, City Attorney JOINT WORKSHOP WITH THE PLANNING BOARD WATER MONITORING PROGRAM Mayor Valerie Keehn said this is a joint workshop between the City Council and the Planning Board on the Planning Board’s water monitoring program. Lew Benton, Chair of the Planning Board, said that in 2002, the Planning Board became concerned with water consumption and decided they should monitor the water consumption rates in connection with development and future demands. They developed a model, which was not particularly sophisticated, determining the safe sustaining yield. They relied on the executive summary from the City’s draft EIS for the Saratoga Lake water project which was developed by Barton & Loguidice. They determined the safe sustaining yield was 6 mgpd which included the Geyser Crest well fields, Loughberry Lake and Bog Meadow water supplies. They then netted out 500,000 gpd as a safety net. The numbers were then reduced based on development activity that was approved but yet to be constructed and that was the remaining number they had to work with. The water monitoring report was then developed and submitted to the Council in December 2002, 2003, 2004 and 2005. There was no response from the Council. He noted that some of the values such as the daily demand had been changed. He explained that with the new building codes the water rate per residential unit had been slightly decreased. In September 2005, Barton & Loguidice made a presentation to the Planning Board. During those discussions, Barton & Loguidice suggested that it might not be good policy to continue to incorporate the 500,000 gallon from the Geyser Crest well field because of the fragile aquifer. That aquifer now serves more development throughout the Town of Milton and Page 1 of 20 there is evidence of its depletion. If the 500,000 from Geyser Crest is netted out that drops the safe sustaining yield to 5 1/2 mgpd which puts the City on the threshold. Lew Benton said that now is the time for the Council and the Planning Board to discuss where the City is with water consumption and where it should be going. Timing is very important. When they began the process in 2002, they did not believe that they would still be talking about this in 2006 without a new water system coming on line in the very near future. By this time the Planning Board thought it would be galvanized. The County has been talking about a water source since 1968 and again in the 1990s. There is a concern that Loughberry Lake could become compromised and Geyser Crest is fragile. The Planning Board would like to have a basic time line of the water permitting process and information on the County’s water proposal. Apparently, the County is now preparing the final scoping document. Lew Benton said the City Council received a letter from Ray Callanan, Chair of the County’s Water Committee, stating that the County anticipates bringing their water source on line by December 2007. That dates seems a bit unrealistic because of the EIS process. The Planning Board needs to know if the Council basically agrees with the process that the Planning Board is using to monitor the water. If the Council agrees, the Planning Board will make some recommendations on where to go from here. Bill McTygue, Director DPW, said he is quite familiar with the Planning Board’s monitoring plan and their latest modification to that plan. The numbers have been adjusted to best reflect the numbers in the DEIS. He said the bottom line is that the reserve amount in Loughberry Lake is becoming smaller and smaller. He has continued to express concern at Planning Board meetings and to the general public that without a solution, the City is fast using up its allocation. He said moving forward on the permitting process for Saratoga Lake will provide a good level of comfort. This evening they are prepared to suggest some modifications to the chart that will allow the City the ability to continue to move forward, knowing that the City is on a path for a solution to this matter. The numbers included in this information are somewhat subjective, however, they believe that the City is on a reasonable path to manage the water source. Rich Straut reviewed the revised allocation plan. He said that first the City, Planning Board and DPW should recognize that it is an important step to have this plan and to discuss it whether they agree or not. Barton & Loguidice is comfortable with the documents. The 5 1/2 mgpd is a number that was developed by Barton & Loguidice in the 1990s as the safety sustaining yield. The number comes from the drought of record in 1964. If the City was to continue to draw 5 1/2 mgpd during a drought of record such as 1964, Loughberry Lake would be depleted. The safety net of 500,000 gpd is an important number. He said during drought periods, the City should not rely on Geyser Crest. Eliminating the 500,000 gpd from the Geyser Crest wells was a prudent measure. He said though that when development occurs in Geyser Crest, though, the Geyser Crest well fields should be used for the calculations. Bill McTygue said that there has been a moratorium for about three years on new connections to the Geyser Crest system. He said that development in that area are using the inner City water system. Rich Straut said the water pressure in Geyser Crest is higher than in the City, so it is likely that a pump station would be necessary in Geyser Crest. Commissioner Thomas McTygue reminded everyone that there is a small section in the Town of Milton that purchases water from the City. They pay 2 1/2 times the rate of City residents. He also noted that some have refused to pay their water bills and that has become an issue. Rich Straut said the City has done a good job in repairing leaks and conservation. He said the amount reserved for existing water users of 4.32 mgpd would likely not decrease. He suggested, though, taking out .32 mgpd for the Geyser Crest wells bringing the amount down to 4 mgpd. The average daily consumption during the summer is 5.69 mgpd with a peak daily Page 2 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 demand of 8.61 mgpd. There needs to be some direction from the Council though on whether the Planning Board should be using the 4 mgpd or 5.68 mgpd number. Mayor Valerie Keehn said the Council needs to move on this matter. Rich Straut reminded everyone that the City recently purchased the Interlaken Water system and there are some necessary upgrades to the system. He said the City should pick up about 320,000 gpd which will likely supply the entire ridge area. That will free up some water for the City. As for the permitting process, the documents are being prepared and they will be submitted to DEC in the near future. At this point they are still assembling the material and nothing has yet been submitted. Mayor Valerie Keehn asked to which agencies are the documents being submitted. Rich Straut said at this time it would be DEC and the Army Corp. of Engineers. He said if all goes well, they will be ready to go on line with the project by the end of 2007. He suggested that they will go out to bid by the end of the year with construction taking place next year. Cheryl Keyrouse said the County has completed their scoping document and it is available on line. She noted though that within that document, the County simply dismissed many of the issues. Their document states that there are no Pcb concerns in the Hudson. They estimate that their DEIS will be completed by March. The City needs to make comments during that public comment period. David Wickerham, County representative, is developing a financial package showing what the County has spent to date on this project. Bill McTygue said the City submitted a comprehensive list of statements for the County to consider in their scoping document, however, everything that was submitted was dismissed. The City on the other hand did a very comprehensive job on its EIS. He said he was not sure how receptive the County would be in entertaining comments from the general public on this matter or whether they too would be dismissed. Commissioner Matthew McCabe asked if the summer season usage was looked at after NYRA made their improvements and conservation measures. Lew Benton said the City’s report was developed after those changes. He also noted that both Quadgraphics and Ball Metal have made significant conservation measures. Lew Benton said it was important for the Planning Board to know whether it was on the right path with this monitoring report. He said it was their expectation that the City would galvanize a public policy on water. Mayor Valerie Keehn said that there were some recommendations on the last page of the report. Commissioner Thomas McTygue said a new rate structure was just adopted by the Council. Mayor Valerie Keehn asked where the Council wanted to go from here. Geoff Bornemann said that based on the recommendations which included the changes, the City has about three years at its current development rate. He said the Planning Board can continue to monitor and report to the Council. As the City gets closer to the numbers and has less breathing room, then the Council could look at prioritizing projects, i.e., industry over residential or vice versa. Commissioner Matthew McCabe said the City can play with the numbers all it wants, but how does the Council go about prioritizing and how does the City address conservation measures. Lew Benton said the Council is the only authority that can prioritize development projects. He said there could be a moratorium, projects could be prioritized, etc. Geoff Bornemann said there are many communities throughout the United States that have far worse problems with water than this City. He said those cities could be contacted and their models reviewed. Page 3 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Commissioner Matthew McCabe said that developers need to be able to make reasonable financial decisions based on the City’s policies. Bill McTygue said there are many projects already approved on the Planning Board’s list, that are not on the radar screen for development. He said at some point, those projects could be pulled off of the list. It was noted that the High Rock Bowling alley project is currently off of the table. The hotel behind City Hall is approved, allocated and reserved. Lew Benton asked what happens when a water intensive project applies to the City and that project can create many real jobs. He said that was a question that would need to be addressed at some point. Bob Israel said that lead time for the Saratoga Lake option is important. He said it may be on line by 2007 and that is important information for the Planning Board. He reminded everyone that there is really only a problem during a substantial drought. It appears to be manageable if there is an end game. Mayor Valerie Keehn said this discussion has been most helpful and suggested that it may occur again. The workshop portion of the meeting was adjourned at 6:00 p.m. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:05 p.m. EXECUTIVE SESSION Commissioner John Franck moved and Commissioner Matthew McCabe seconded adjourned to executive session at 6:05 p.m. to discuss the Dreyer litigation, labor counsel and two certiorari matters. Council members returned at 7:15 p.m. and reported that no action was taken, however, the certiorari matter will be discussed on the Accounts Department agenda. PUBLIC HEARING Ethier Zoning Amendment - 166 Jefferson Street Mayor Valerie Keehn said this is a continuation of the public hearing on a petition from Stephen Either to change the classification of approximately .75 acres of land at 166 Jefferson Street from Urban Residential-2 (single-family homes on 6,600 square foot lots) to Urban Residential-4 (single family or two family homes or multi-family structures with one unit for each 3,000 square feet of land). The City Planning Board on a vote of 4-1 issued a favorable advisory opinion on the proposed map amendments. Also on file is the required proof of notification to the adjacent property owners. Mayor Valerie Keehn opened the public hearing. John Carusone, attorney representing the applicant, said there could be a few additional changes to the declaration, i.e., up to 30 years in sales. The applicant is amenable to that modification. Page 4 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Phil Diamond, 29 Waterview Drive, said workforce housing is important. He asked the Council to vote favorably on this project. This is an opportunity for the City to get workforce housing at 80 percent of the median income. The regular price for this housing would be about $200,000 while under this proposal it will be about $160,000. Kristine Healy, 70 Jefferson Street and member of the Jefferson Street Neighborhood Association, said the Jefferson Street Neighborhood Association supported this project. She said there are distinct differences between Crescent Street and Crescent Avenue. They support this project, but are unsure of the other project. She appreciated the conversation between Stephen Ethier and the neighborhood and they support this project. Don Stread, 285 Jefferson Street, said he lives directly across the street from this project. The two neighborhoods (Crescent Street & Crescent Avenue) are very different from one another. It makes sense for mixed units in this area and he supported this project. The improved lighting and street drainage are also needed. He appreciated Stephen Ethier’s efforts in developing this project. Dennis Brunelle, 3 Holly Drive and EOC Director, said that few workforce housing families will be able to afford units at $160,000, however, many of those low income families are moving toward that point. The low income families are within reach of becoming self-sufficient. This is a project that will reach the average family in this City. He said there has been some protest from people at the IZOD meetings, however, Saratoga Springs is about giving people opportunity. He encouraged the Council to do the right thing and support this project. Commissioner Matthew McCabe asked if the applicant was applying for any federal loans. John Carusone said no. Commissioner Matthew McCabe clarified that the applicant will amend the declaration so that the housing remains affordable for a certain period of time and that they will not be turned over rapidly for a profit. He asked that once the zoning change was in place, what prevents that from not occurring. John Carusone said once the zoning amendment is approved, the restrictions are fully enforceable. It is the intention of the applicant that the units remain affordable for 30 years. Commissioner Matthew McCabe asked where it was stated that these are legally binding agreements. John Carusone said once the restrictions are recorded, the title is encumbered for future owners. Commissioner Thomas McTygue asked if the applicant has filed the deed restrictions. John Carusone said the applicant cannot unilaterally change the deed restrictions. Commissioner Ron Kim said each time the unit is sold, the buyer must be found eligible. He asked how that would happen and where was the enforcement. John Carusone said EOC maintains a list of eligible people as first time home buyers. For future sales, Community Development or some other City department could ensure that buyers are eligible. Mayor Valerie Keehn asked if future Councils would be bound to this resolution. Commissioner Matthew McCabe said he was in favor of this resolution, however, wanted to work out the details. John Carusone said the City needs to avoid contract zoning. The declaration will become effective when the zoning amendment becomes effective. Mayor Valerie Keehn clarified that the applicant was willing to amend the declaration to make it as binding as possible. Michael Englert, City Attorney, said that there is a concern with contract zoning, i.e., spot zoning. With the applicant preparing and unilaterally filing the declaration it imposes an affirmative obligation on the City that the City has not yet accepted. It will require the City to accept the obligation to monitor the declaration to be sure that potential buyers are eligible. If they City has not formally accepted the declaration, then the restriction is not enforceable. This Page 5 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 needs to be structured in such a way that the Council accepts this declaration and its interest in the property and that the City will undertake this responsibility. The City is lacking in the acceptance. He said the City is struggling with this unique structure and the property documentation needed to be put together. The motion, though, should not be made contingent upon this documentation. There being no one else wishing to speak, Mayor Valerie Keen closed the public hearing. CALL TO ORDER Mayor Valerie Keehn reconvened the meeting at 7:40 p.m. MAYOR=S DEPARTMENT Proclamation - Kathleen Kauth (06-12) Mayor Valerie Keehn read the following proclamation and presented it to Kathleen Kauth’s mother: A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS WHEREAS, few events in sports are more compelling, more dramatic, and more human than the Olympic Games. Olympians come from all nations, cultures and backgrounds, speak different languages and hold different opinions and values. Still, they remain remarkably alike in their zest for competition and their overwhelming desire to be the best at what they do, and WHEREAS, Kathleen Kauth, an outstanding young athlete and a native of our City, was recently selected as a member of the 2006 U.S. Olympic Women’s Hockey Team. This was great news for those of us in Saratoga Springs who know of Kathleen’s athletic skill and her drive to excel, and we rightly believe that soon all of our fellow Americans will share our enthusiasm. Kathleen is a wonderful example of the Olympic spirit. Despite tragedy in her family and a serious injury, she fought back bravely and successfully to win silver and gold medals in World Championships. She remains as dedicated as ever to her sport, and she is looking forward to Olympic play with her usual discipline, enthusiasm, and humility. NOW, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join with all Saratogians in congratulating Kathleen Kauth on her tremendous achievement, and to wish her the very best of health and success in Olympic competition. Ms. Kauth thanked the Council and the City for their support. She said it was inspiring to see the genuine support for her daughter. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Page 6 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Charlie Morrison, 88 Court Street, member of the Charter Implementation Committee, said he was glad to see that charter implementation was on the agenda. The Council needs a fresh start on this matter. The voters in 2001 wanted to see the government more accountable, more transparent and better managed. Unfortunately, there was no mechanism put into place to ensure that the charter was implemented. January 1, 2004, was the deadline for it to be implemented. Some departments have complied while others have not. There has been some good progress but there is still a lot of resistence. They are counting on the Mayor and the Council to get the job done. John Kraus, 227 Grand Avenue, Citizens for Affordable Taxes, said there needs to be more education and openness on the budget process. He hoped that items on the agenda would be discussed in detail so that the public can be aware of what actions the Council is taking, i.e., purposes of contracts, funding for projects, cable franchise renewal details, explanation on why a TAN is needed, objectives of the marketing committee, etc. He said later this year, this committee will begin discussing with City officials the assessment issue and tax rates and revenues. They hope to continue to work with the City in a positive and constructive manner. Wilma Koss, 160 Kaydeross Park Road, said the City’s supervisors to the County should ask the County what has been spent on the water project since October 18 including how much has been spent from the general fund in their pursuit of this proposed water system. Mary Beth DeLarm, 96 Quevic Drive, said on November 5, she submitted a petition to the Council which opposes the new development on Geyser Road. The parcel is heavily wooded wetlands. There will be significant adverse environmental impacts on the greenbelt area. The character of this area is more rural and not as dense as UR-1. The developers are considering this area as one project, therefore, they believed that it should be considered one parcel with one type of zone. She requested that the Council vote on this matter at the next meeting. Doug Niles, Loughberry Road, said as a City resident, he was not made aware of the Saratoga Lake proposal. Had he known, he would have become involved. The City has allowed the outsiders to speak on this matter. He said there are new owners of the dam on Saratoga Lake and he owns the land on both the north and south sides of the dam. That company now has no access to this dam. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. DEPARTMENT OF PUBLIC WORKS Water Presentation - Barton & Loguidice Rich Straut said that Commissioner Thomas McTygue asked him to appear this evening to address some misinformation on the water matter. There had been comments on toxic spills and how that impacts Saratoga Lake. Those comments were vague with no specific issues to address. Bill McTygue said the comments were made during the public comment period at one of the December meetings. Therefore, DPW felt the need to bring the City’s engineering firm of record to address those statements in relation to water quality. Rich Straut said they were not really specific but rather vague comments. He said all of the issues on water quality and threat to water quality have been addressed. Barton & Loguidice brought together a team of engineers, scientists and outside experts, including the RPI Freshwater Institute. The RPI Freshwater Institute assisted in design and implementation of the water quality testing program Page 7 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 for the EIS. Dr. Frederick Hart is also the foremost expert on the health of the lake. The lake is a Class A water body. All of the data, including threats, have been identified and presented to DOH and DEC. Neither of those entities found anything of concern. He said Saratoga Lake is a safe water source supply. SUPERVISORS Joanne Yepsen Joanne Yepsen said she held her first open meeting for constituents to address their concerns with her. She will hold these meetings at 5:30 p.m. preceding Council meetings and encouraged people to stop by. Joanne Yepsen said both she and Cheryl Keyrouse had attended their first official Saratoga County Board of Supervisors meeting and many other meetings as well. She is a member of the County’s Racing Committee and they spent a considerable amount of time discussing the configuration of the committee, the RFP process and the state’s oversight committee. The County hired a consultant at a cost of $40,000 to review the IDA Impact Study. This study impacts other issues such as open space and tourism. On January 24 from 9:30 to 4:30 there will be a racing open forum at the Egg in Albany. The Board approved 20 resolutions at its meeting including a grant for the Family/Children Services program. There was discussion on the County’s 911 wireless system. Empire Zones were discussed. She said the County Board of Supervisors has nine standing committees and several ad hoc committees. All of those meetings are open to the public. The County’s Water Committee will meet on February 6 at 3:00 p.m. There will also be some discussion at the next Board meeting on the vote machines. The Board of Supervisors will sponsor the Vietnam Moving Wall and it will be located near Saratoga Springs from June 7 -12. Joanne Yepsen will cosponsor events during Open Government Week, March 15, with the League of Women Voters. There will be discussions on transparency of government and open government. The green infrastructure plan committee will meet on January 23 at 2:00 p.m. On January 25 there will be an all day planning and zoning conference at the City Center. She continues her meetings with other County Supervisors. Cheryl Keyrouse said she too would continue to meet with the supervisors from other communities. She sits on the Public Works committee. They discussed repairing six county bridges none of which are in Saratoga Springs. She will discuss the Geyser Road bridge with that committee. The recycling plant made $545,610 last year, $292,094 of which came from the City. The next County property auction will be held on March 21. The water committee has had several meetings recently and they are now ready to discuss the impact of this proposed system. There will be public meetings of this committee in Clifton Park, Wilton, Ballston Spa and Saratoga Springs. MAYOR=S DEPARTMENT Jaycee Week Proclamation (06-13) A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS Page 8 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 WHEREAS, for 86 years the members of the United States Junior Chamber of Commerce, known to us as the Jaycees, have worked vigorously to provide lessons in community service and leadership to young persons throughout our country, and WHEREAS, our own Saratoga Springs Junior Chamber has served us for 41 years, and has inspired many young Saratogians to give generously of their time and talent for the benefit of our city, and WHEREAS, our Jaycees continue to contribute every year to our quality of life through programs that range from Easter Egg Hunts and porch decorating contests to the recognition of outstanding Saratogians, NOW THEREFORE, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to honor the good works and achievements of Jaycees past and present, and to proclaim the week of January 15, 2006 to January 21, 2006 as Stephanie Kingsley, Jaycee representative, thanked the Council for declaring January 15 - 21 as Jaycee week. DBA Gift Certificate Mayor Valerie Keehn said that she would like to encourage everyone, when looking for a gift, to purchase the Downtown Gift Certificates. Andrew Brindisi, member of the DBA, said that there is a drive to increase the sales of these certificates. Since the inception of the program in 1991, sales have grown from $13,000 to more than $225,000. Council members agreed this was a good program for the City. Commissioner Matthew McCabe said the Adirondack Trust Company deserves credit as well for administering the program. Muscular Dystrophy Association Mayor Valerie Keehn said the Muscular Dystrophy Association will hold their annual “lock up” on February 9. She said she will be arrested, taken to a maximum security location and there is a minimum bail of $600 to release her. She suggested that Commissioner Thomas McTygue join her. State of the City Mayor Valerie Keehn said that the annual State of the City Address would be held on Sunday, January 22 at 1:00 p.m. at the City Center. Town Hall Meetings Mayor Valerie Keehn said that Town Hall meetings are scheduled for January 28, 10:00 a.m. at the Ford Community Center. The second meeting would be held on March 4, 10:00 a.m. at the Water’s Edge Community Room. More dates and locations will be announced. Committee of Future of Racing Hearings Mayor Valerie Keehn said she would attend the racing hearings on January 24 in Albany. She noted that Commissioners John Franck and Matthew McCabe would also attend. Page 9 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Saratoga County Raceway and Gaming Foundation Board Mayor Valerie Keehn announced the appointment of Joanne Yepsen to the Raceway and Gaming Foundation Board. Charter Implementation initiative Mayor Valerie Keehn said the recently adopted charter became effective on January 1, 2004. Unfortunately, there was no mechanism put into place to carry out the implementation of the charter. As a result, progress has been slow in some areas. There is still much work to be done though. Full implementation of the charter is a priority and it must be done with quality. As a part of that implementation, Deputy Mayor Nancy Ohlin will organize a committee, which could be an extension of the Deputy Commissioner’s meetings to work on implementation. Commissioner Thomas McTygue said that Deputy Commissioner Patrick Design is too busy to attend all of these meetings and asked if there could be another designee. Mayor Valerie Keehn said yes. Mayor Valerie Keen said that Michael Englert and Tony Izzo will also be part of that committee. Mark Lawton, member of the Charter Commission and Co-Chair of the Committee on Implementation of the Charter, said they have joined with the League of Women voters to continue to report on the progress of implementation. He said he was glad to see that the Mayor had appointed a committee to pursue implementation. It is long overdue. There were past discussions on changing the form of government in order to solve the City’s problems and that may come at some point, however, the City needs to modernize this government. There are major pieces missing. Implementation of the charter must be a priority. The implementation of the charter is not optional, it is the law. Commissioner Thomas McTygue asked for the list of 80 items that Mark Lawton has showing what needs to be done. Mark Lawton said he would get that to Council members. Open Space City/County Contract (06-14) Mayor Valerie Keehn said that as part of the Saratoga County Farm Land Open Space Preservation Program, the County Board of Supervisors awarded the City $76,400 towards the purchase of 15 plus acres in Ten Springs Woods with the condition that the City provide a match. The purchase will be a total of $152,800. The City’s match was transferred from the Open Space bond act fund into the Mayor’s budget by Mayor Lenz. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a contract for the Open Space County program contingent upon checking to make sure that the funds are available. Ayes all. School District Fields Contract Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the contract with the Saratoga Springs School District, contingent upon the review of the City Attorney and the Risk & Safety Manager. Commissioner Matthew McCabe said that perhaps this was a good time to have discussions with the school board on the maintenance costs of these recreation fields. He said the City should be Page 10 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 pursuing gaining additional funds from the school district. There are many people from outside of the City using the wading pools and the fields. The City does not want to be exclusive, but there needs to be some revenue enhancements. Commissioner Thomas McTygue said the maintenance fee has not increased in more than 20 years and the fields are becoming more expensive to maintain. Ayes all. Miller, Mannix, Schachner & Hafner, LLC - Planning Board Services (06-15) Mayor Valerie Keehn said the Planning Board is requesting that the Council approve the annual contract with Miller, Mannix, Schacher, & Hafner, LLC for legal services to the Planning Board. In late 2004 the Council set aside $10,000 in the 2005 operating budget for the Planning Board to retain its own legal counsel. Th early 2005, the Accounts Office distributed request for proposals for these professional services. The Planning Board reviewed the responses and selected the firm of Miller, Mannix, Schacher & Hafner, LLC and their contract was approved by the Council. The Planning Board has been pleased with the services it has received and would like to have the contract renewed for another year. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with Miller, Mannix, Schachner & Hafner, LLC for legal services for the Planning Board contingent upon the review of the City Attorney and the Risk & Safety Manager. This contract is on an hourly basis in an amount not to exceed $10,000. There is $10,000 in the budget to cover the cost of this contract. Commissioner McCabe asked how much of the $10,000 was used last year. Geoff Bornemann, City Planner, said the firm was hired in April 2005 and approximately $7,000 was used. Ayes all. Miller, Mannix, Schachner & Hafner - Beaver Pond Village (06-16) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a contract with Miller, Mannix, Schachner & Hafner, LLC, for legal services on the Beaver Pond project at a cost not to exceed $25,000 contingent upon the review of the City Attorney and the Risk & Safety Manager. This will be funded through an escrow account set up by the applicant and there will be no impact on the City’s budget. Ayes all. City Historian Grant Application (06-17) Maryann Fitzgerald said there is an endowment for the preservation of records and she and Nancy Wagner had been working on a grant request. The City’s archives were established in 1978 through a grant program. The City’s archives were the first established outside of New York City following the adoption the state guidelines. As a result of the 1978 grant a vault was made available. The main purpose of the grant though was to provide City owned records for informational purposes in a central location. Another grant was received in 1992 from LGMRIF to update the archives. Now they are interested in applying for a preservation plan grant. She now needs to focus on conservation and preservation and she needs a consultant to make recommendations on the best course of action. Commissioner Matthew McCabe asked if there Page 11 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 were any matching funds required. Maryann Fitzgerald said that there is $350 required at a later date. Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the grant application noting that $350 will be made available at a later date. Ayes all. 2005-2006 WGY Christmas Wish Funds (06-18) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Recreation Department to submit an application to the 2005-06 WGY Christmas Wish Fund to be used for the upgrading of the Geyser Park playground. Ayes all. Uniroyal Donation - Saratoga Youth Soccer League (06-19) Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the donation from Uniroyal Tire Company in the amount of $462 for the fall soccer program. Ayes all. Zoning Ordinance Regarding Variance Extension Mayor Valerie Keehn explained that the ZBA has identified the need to clarify the process for approving extensions for previously granted area and use variances. The current ordinance does not define the process to grant an extension. Therefore, the Board has requested clarification. They have submitted to the Council zoning text amendments and asked that the Council accept the amendments for review and forward them to the Planning Board for an advisory opinion. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the text amendments for study and it send it to the Planning Board for an advisory opinion. Ayes all. ACCOUNTS DEPARTMENT Approval of January 1, 2006, meeting minutes Commissioner John Franck moved and Mayor Valerie Keehn seconded to approve the January 1, 2006, meeting minutes. Ayes all. Approval of January 3, 2006, meeting minutes Commissioner John Franck moved and Commissioner Ron Kim seconded to approve the January 3, 2006, meeting minutes. Ayes all. Approval of January 11, 2006, meeting minutes Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the January 11, 2006, meeting minutes. Page 12 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Commissioner Matthew McCabe said he wanted to clarify the matter on page 4 concerning the hiring of Poklemba and Hobbs to continue to represent the City on the two outstanding cases in DPW with a cap of $3,500. Council members said they were clear on that matter. Commissioner Thomas McTygue said that if more funds were necessary, it would be brought back to the Council. Mayor Valerie Keehn suggested that a letter would be sent to the firm requesting further clarification on the dollar amounts. Ayes all. Repeal Public Assemblage Ordinance - Set Public Hearing Commissioner John Franck explained that under the previous administration a committee was established to review the Public Assemblage ordinance. After many months of review, the ordinances developed by that committee B Demonstration, Special Event, Parade, Noise and Temporary Structures were adopted at the December 20, 2005, Council meeting. When those ordinances were adopted, the old Public Assemblage ordinance should have been repealed. Unfortunately, that did not happen. Therefore, he set a public hearing at 6:55 p.m. on Tuesday, February 7 to repeal the Public Assemblage ordinance. Ethier Zoning Amendment - 166 Jefferson Street (06-20) Commissioner John Franck said that pursuant to the Council’s request of November 16, 2005, the Planning Board reviewed the proposed zoning map amendment submitted by Stephen Ethier to change the classification of approximately .75 acres of land at 166 Jefferson Street from Urban Residential-1 (single - family homes on 6,600 square foot lots) to Urban Residential-4 (single family or two family homes or multi-family structures with one unit for each 3,000 square feet of land). The Planning Board discussed the request at their December 7, 2005, meeting. Following the discussion the Planning Board voted 4-1 to issue a “favorable” advisory opinion in the revised proposed zoning UR-4 map amendment. 1. The Board believes that the proposed change in density is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the density on this parcel to increase from approximately 4 homes (6.6 units per acre) up to 11 residential units (approximately 14.5 units per acre). The boundaries of the different land use categories on the “Development Plan” map in the Comprehensive Plan are, by design, flexible and non-precise. The Planning Board interprets that the proposed site is reasonably close and, therefore, compatible with an area designated on the Development Plan as High Density Residential-2 (HDR-2). This HDR-2 district permits a density of 10 - 15 units per acre. 2. The revised proposed UR-4 designation for this site is in accord with the existing zoning ordinance because the UR-4 zoning designation already exists in the zoning ordinance. In addition, the Planning Board supported this rezoning because the applicant made a commitment to have a substantial portion of the units in any development on this site to be affordable. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and approve the zoning amendment as presented. Mayor Valerie Keehn said she would like the motion contingent upon the declaration being amended to make it as binding and as tight as possible and that this is contingent upon the review of the City Attorney and the attorney representing the applicant. Commissioner John Franck and Ron Kim agreed to include that contingency Page 13 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 in the motion. Commissioner Ron Kim said that a lot of credit should be given to Stephen Ethier for making this offer. This developer could make much more money on this project. Ayes all. Lockrow Zoning Amendment - 131 Hamilton Street Commissioner John Franck said that pursuant to the Council’s request of December 21, 2005, the Planning Board reviewed the proposed zoning map amendment submitted by Debra Lockrow to change the classification of approximately .31 acres of land at 131 Hamilton Street from Urban Residential-2 (single-family homes on 6,600 square foot lots) to Transect 5 - Neighborhood Center District (mixed uses). The Planning Board discussed the Council’s request at their January 11, 2006, meeting. The Board reviewed the proposed zoning as well as some alternative zoning for this site. The Board decided that it would be best to preserve the residential character of this area and concluded that the Urban Residential - 4A District offered the best solution. The applicant was present at that meeting and she concurred with the revised proposal. Following the discussion, the Planning Board voted 5-1-1 to issue a favorable advisory opinion on the revised proposed zoning map UR-4A map amendment. 1. The Board believed that the proposed revised zoning map amendment is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the density on this parcel to increase from approximately 2 homes (6.6 units per acre) up to 6 residential units (approximately 21.8 units per acre). The boundaries of the different land use categories on the Development Plan map in the Comprehensive Plan are, by design, flexible and non-precise. The Planning Board interprets that the proposed site is reasonably close and, therefore, compatible with an area designated on the Development Plan as Special Development Area. 2. The revised proposed UR-4A designation for this site is in accord with the existing zoning ordinance because the UR-4A zoning designation already exists in the zoning ordinance. Therefore, Commissioner John Franck set a public hearing at 6:45p.m. on Tuesday, February 7. Committee on Revenue Enhancement Commissioner John Franck said that at the last Council meeting, he mentioned that one of his platforms when running for Commissioner of Accounts was to find ways to increase revenues for the City to help alleviate the property tax burden to the residents of this City. He then announced the formation of the Revenue Enhancement Committee with the following members: Gordon Boyd, Bonnie Barr, David Morency and Michele Boxley. This committee will be charged with examining revenue opportunities, presenting those findings to the Council, developing an RFP and implementation the programs. He said it was his intention that this committee would work together with the Marketing Committee established by Commissioner Matthew McCabe. E-Government Committee Commissioner John Franck said that on May 17, 2005, former Commissioner Stephen Towne formed the E-Government Committee. At this time, he reactivated that committee with the following members: Kevin Kling, Nancy Wagner, Brad Birge and Kathy Lanfear. This committee Page 14 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 will be charged with implementation of the goals of the grant, drive the continuation of the improvement in the appearance and functionality of the City’s web site and plan & implement collateral projects and grant applications. Risk & Safety Management Marilyn Rivers reviewed the workers’ compensation cases for the year. There were 18 cases with 290.5 days lost from work (95 for Fire, 182 for Police, 2 for Recreation and 11 for DPW). Of the 92 incidents and litigation cases 50 were closed. There is currently $220,000 necessary for deductibles B four for public officials, five for general liability and Article 7 cases. She recently met with the Southwest Neighborhood Association on sidewalk and snowplowing issues. She also met with the Post Office Safety Committee on their safety issues. The dam safety plan will be reviewed and submitted to the insurance carrier in the near future and the City should see a credit on its policy for that plan. McNeary Certiorari - Hire Poklemba Hobbs (06-21) Commissioner John Franck moved and Commissioner Ron Kim seconded to engage the firm of Poklemba and Hobbs to continue working on the McNeary certiorari matters known as 2005-1819 and 2005-1820 at a cost not to exceed $2,000. He noted that the money was within his budget. Ayes all. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following payrolls: January 6, 2006 - $332,877.22 and January 13, 2006 - $374,194.58. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following warrants: 2005 Regular Warrant 1/17/06 4DEC05 $ 216,079.80 2005 Regular Warrant 1/17/06 1JAN06 $ 2,660,497.00 2005 Mini Warrant 1/1/06 MC3DEC05 $ 168,607.75 2006 Mini Warrant 1/11/06 MC1JAN06 $ 26,216.58 Commissioner Matthew McCabe said the warrant was so high because of the retirement payment. He said he was also talking to the assemblymen on the retirement system payment in hopes that with the state surplus something could be worked out. He said that the City’s payment at the end of this year will be more than $2 million. Ayes all. Budget Transfer - Payroll, Regular, Other Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers as presented (Attachment A). Ayes all. Page 15 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget amendments as presented (Attachment B). Ayes all. Tax Anticipation Note (06-11) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded the following resolution: TAX ANTICIPATION NOTE RESOLUTION OF JANUARY 2006 FOR THE ISSUANCE OF A NOTE FOR THE CITY OF SARATOGA SPRINGS, NEW YORK, NOT TO EXCEED $1,000,000.00 IN ANTICIPATION OF THE COLLECTION OF 2006 PROPERTY TAX FOR THE FISCAL YEAR 2006. BE IT RESOLVED, this 17th day of January, 2006, by the City Council of the City of Saratoga Springs, New York: 1. The City of Saratoga Springs, New York, in anticipation of receiving Property Taxes for the fiscal year commencing on the 1st day of January, 2006 and pursuant to the Local Finance Law of the State of New York, shall issue and sell a tax anticipation note in an amount not to exceed $1,000,000.00 to mature in ninety (90) days from issuance of said note. The date of maturity of said note shall not and does not extend beyond the applicable period provided by Section 24 of the Local Finance Law for maturity of such notes, to wit, beyond one year from the date of issuance. 2. The amount of revenue anticipated for the fiscal year commencing on the 1st day of January, 2006, and against which note is authorized to be issued, is as of the date hereof, the sum of $11,836,632.00. 3. The note shall be sold at private sale by the City of Saratoga Springs. Except as herein specifically prescribed, the note shall be of the date, terms, form, contents and place of payments as may be determined by the Commissioner of Finance of the City of Saratoga Springs, consistent with the provisions of the Local Finance Law of the State of New York. 4. Upon the due execution and sale of the note, the same shall be delivered to the purchaser upon payment by the purchaser of the purchase price in cash to the Commissioner of Finance of the City of Saratoga Springs. The receipt of the treasurer shall be a full acquittance of such purchase but shall not be obliged to see to the application of the purchase money. 5. The full faith and credit of the City of Saratoga Springs, New York, is pledged to the punctual payment of principle and of interest of the note. Interest on this note shall be calculated at the prevailing rate with no penalty for prepayment of the note during the ninety (90) day period of anticipated borrowing. 6. This resolution shall take effect immediately. Ayes all. Page 16 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Grant Acceptance (06-22) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to accept the $40,000 Community Projects grant. There is no match required. Commissioner Matthew McCabe said the Mayor’s Office received notification in January 2005 of a Community Project Grant from Senator Bruno’s office. There has been some uncertainty regarding the status and whereabouts of this grant. It has been determined that the grant remains available and may be used for office equipment, supplies and computer items. Ayes all. Internal Audit - Accounts Department Commissioner Matthew McCabe reported that an internal audit of the Accounts Department was conducted and distributed to Council members. A copy is available for the public in the City Clerks Office. Marketing Committee Commissioner Matthew McCabe said that the Accounts Department requested that Thilo Ullman serve on the Marketing Committee. He said if other departments wished to make an appointment to please contact him. He will seek input from the school, residents, businesses, etc. on this matter. Comments can be sent to www.teamsaratoga-springs.org. DEPARTMENT OF PUBLIC WORKS DPS Capital Reconstruction Committee Commissioner Thomas McTygue requested that John Kraus be added the DPS Capital Reconstruction Committee. Commissioner Ron Kim said yes. Presentation - Barton & Loguidice Previously done. Johnson Controls for Energy Savings (06-23) Chris Kalwara, Johnson Controls, said improved energy savings infrastructure throughout the City could reduce energy costs. Public entities are allowed to enter into such energy saving reduction agreements. The cost of the improvements are paid for through the savings generated. Legislation allows municipalities to make capital improvements through tax exempt leasing. Typically the type of improvements that could be done are lighting retrofits, HVAC systems, new boiler, traffic signals, windows, roofs, etc. Projects such as these are generally done in phases. The City has the MOU that would authorize the City to enter into the first phase of this project. There is no cost associated with the first phase. The first phase is a preliminary assessment. The second phase would be a detailed energy audit. Benefits include: infrastructure improvements, reduced energy bills, guaranteed savings, etc. Page 17 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the MOU for this project. Chris Kalwara said the first phase would begin soon and would be completed by mid-March. Ayes all. Casino Stove Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to sell the casino stove to the highest bidder - Mama Mia’s Restaurant, for $800. He said that three bids had been received. Ayes all. Michael Lender - Step Change (06-24) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the upgrade of the City Electrician, Michael Lander, from a grade 13, step 3 to a Grade 13, step 6. The union has approved this upgrade. This is effective next pay period and the money is within the DPW budget. Commissioner Thomas McTygue said when Michael Lander was appointed as the City Electrician, his duties increased significantly. His former title was maintenance mechanic II. However, with the upgrade it amounted to only six cents per hour. Ayes all. July 4th Fireworks Commissioner Thomas McTygue said traditionally the Accounts Department had handled the fireworks for the July 4th Family Fun Day. However, he had been discussing this with some people and he believed he could put together the funding for the entire fireworks display. He also said he would like to expand the programs for the children during the day and provide entertainment. He said there also needs to be some thought given to getting emergency vehicles in/out of the park. He said he would bring this back for further discussion. Donation - Principessa Elena Men’s Society (06-25) Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to accept the donation of $500 from the Principessa Elena Men’s Society for the Italian Garden’s. He noted that they had previously donated $200. Ayes all. Indoor Recreation Facility Commissioner Thomas McTygue said the previous Council had been discussing the indoor recreation facility for quite some time and there was discussion for the facility to be constructed at the PBA range using the PBA road which would be turned into a boulevard type road. He said the City has three proposals. He asked that the Mayor set up interviews with the three firms to discuss their proposals. He said it was his intention to reduce the size of the facility to allow for Page 18 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 a facility on the west side and another on the east side. The City now needs to hire a firm to design the facility. Commissioner Matthew McCabe said the Council needs to choose a location. Bill McTygue said the consultant can walk the Council through this, then go out to bid. There is money in the budget. Mayor Valerie Keehn asked if the City had formally accepted the parcel near the PBA range. Commissioner Thomas McTygue said the previous Council did not object to this site. He noted that it is a City owned parcel. Commissioner Matthew McCabe suggested that when DPW moves from Division Street to Weibel Avenue, it opens up some City owned land in that part of the City. Commissioner Thomas McTygue said that it was unlikely that space would be freed up. Garage Attendants’ Salary (06-26) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the increase of the garage attendant salary to reflect the new DPW laborer rate of Laborer 1, Laborer 2 and Laborer 3 with an effective date of January 15, 2006. The money is within the DPW budget. Commissioner Thomas McTygue said these four garage attendants are part time and not part of the CSEA contract and they do not receive benefits. Ayes all. Utility Bills Commissioner Thomas McTygue said when the budget was adopted there was a 10 percent increase for utilities built in. However, the increase is significantly higher. They had originally estimated an $80,000 shortfall, however, he now believed that it would be closer to $200,000. He said that he would be reviewing all of the lines in his budget. He wanted to alert the Council that there could be a problem at the end of the year. Street Acceptance - Snowplowing Commissioner Thomas McTygue said that DPW was accepting Liz Ann Drive up to house #11 for snow plowing only. He also noted that in addition to the existing snow plowing services provided by the City to Azalea Drive, and Magnolia Drive, he was including snowplowing from lots 24 and 39 Magnolia Drive to the end, including the cul-de-sac. DEPARTMENT OF PUBLIC SAFETY Handicapped Parking on Railroad Place Commissioner Ron Kim requested that a public hearing be set for 6:45 on February 7 for the handicapped parking space on Railroad Place. Capital District Drug Enforcement Task Force (06-27) Page 19 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 17, 2006 Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to authorize the Mayor to accept the grant from the Division of Criminal Justice Services and the Saratoga County Sheriffs Department for the Capital District Regional Drug Enforcement Task Force program. Ayes all. Joki’s Passing Commissioner Ron Kim offered condolences to Officer Leffler and his family on the passing of Joki from the City’s K-9 unit. ADJOURNMENT Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:15 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:15 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 20 of 20