City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING & WORKSHOP CITY COUNCIL ROOM TUESDAY, FEBRUARY 7, 2006 6:15 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW 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 CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:15 p.m. EXECUTIVE SESSION Commissioner John Franck moved and Commissioner Matthew McCabe seconded adjourned to executive session at 6:15 p.m. to discuss personnel matters. Ayes all. Council members returned at 6:45 p.m. Mayor Valerie Keehn reported that no action was taken. PUBLIC HEARING Railroad Place Handicapped Parking Space Mayor Valerie Keehn said this was a public hearing on the Railroad Place handicapped parking space to allow for a handicapped parking space on the west side of Railroad Place between Washington and Division Streets. Mayor Valerie Keehn opened the public hearing. No one spoke. Mayor Valerie Keehn closed the public hearing. Lockrow Zoning Amendment Mayor Valerie Keehn said this is a public hearing on a petition from Debra Lockrow to change the classification of approximately .31 acres of land at 131 Hamilton Street from Urban Residential-2, which allows single family homes on 6,700 square foot lots, to Urban Residential- 4A, which allows single family or two family homes on multi-family structures with one unit for each 2,000 square feet of land. The City Planning Board on a vote of 5-1, issued a favorable advisory opinion on the proposed map amendment. On file is the required proof of notification to the adjacent property owners. Page 1 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Mayor Valerie Keehn opened the public hearing. No one spoke. Mayor Valerie Keehn closed the public hearing. Public Assemblage Ordinance Tony Izzo explained that this was a public hearing to repeal the old Public Assemblage Ordinance and it was just a technicality. Mayor Valerie Keehn opened the public hearing. No one spoke. Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Charles Morrison, 88 Court Street, commended the Council for centralizing legal services. This is a step forward. It has been costly and inefficient to have the legal services spread around departments. Human Resources has now been centralized. He was glad to see the Administrator of Parks & Recreation position on the agenda. The establishment of that position is long overdue. It should be filled as soon as possible with a well qualified, experienced professional at a competitive salary and in accordance with Civil Service regulations. It is good that the Council is looking at the land use issues. It is good for the City to get free parking/driveway and an inexpensive site, but the Council needs to consider the benefits to the community and perhaps it’s not the best location. Building behind City Hall is good for mixed uses and it might be the last opportunity for the City to accommodate such things as more meeting rooms for City Hall staff and police/fire/EMS uses. Mary Beth DeLarm requested that the Council consider their request to rezone the parcel at 98 Geyser Road to RR-1. Their petition now has 1,003 signature and continues to climb. She submitted additional material in connection with this request. Mark Lawton said there needs to be funding for the new positions. The Administrator of Parks & Administration position is long overdue. The Finance Department needs to get the books closed at the end quarter so there can be a true picture of the City’s finances. Ken Klotz, 3 Tamarack Trail, said the recreation facility is something that everyone supports. There are various building designs, different approaches, various locations and it was likely that any site selected would be somewhat objectionable. The Council has an opportunity though to make something happen. Daniel Russo, Whitman, Osterman & Hannah representing the property owners of 98 Geyser Road, said he was here this evening to address the zoning amendment request by the nearby property owners. He said that the type of request submitted by those neighbors is not the type of petition that the Council normal considers. He noted that the City’s code states that a formal petition must be submitted along with the fee. He asked if the fee had been submitted. He said that more importantly this was simply an interference in the process that the applicant has been going through for the last two years. He said the Planning Board is the lead agency, scoping sessions have been scheduled, the Council recently authorized the hiring of consultants, traffic studies are in the process of being done, etc. The applicant has spent hundreds of thousands of dollars on this project to date. There will be more than 110 acres remaining undisturbed at this Page 2 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 location. He suggested that the Council consider this request, but not advance it at this point. Commissioner Thomas McTygue asked for an opinion from the City Attorney. He asked that if the City has collected fees, authorized contracts, etc., why have we not been honest with the applicant up front. He asked for the City Attorney’s opinion on defending the City should the applicant bring forth a law suit. Michael Englert said a petition had been received. Commissioner Ron Kim asked if a fee had been paid. Michael Englert said he was not sure. Geoff Bornemann said that other City Boards have advanced applications to the Planning Board seeking advisory opinions without the benefit of paying a fee. He said though, that a zoning amendment application requires a fee and the person filing can only be the property owner. He said if the Council forwards this request to the Planning Board, the Board is required to respond within 30 days. Commissioner Ron Kim asked if the Council was considering sending this application to the Planning Board or was it simply acknowledging the petition. He said it seems as though a fee should be attached. Geoff Bornemann said any Council member could bring forth a petition for zoning amendment. Commissioner Ron Kim asked if there was any concern with the way the signatures had been collected. Michael Englert said that the way the signatures were collected in terms of the request should be reviewed. He said though and any single citizen can come forward with a request that zoning be changed. Commissioner Thomas McTygue asked for Michael Englert’s recommendation. Michael Englert said this was a policy decision and it was the Council’s prerogative. He said if the Council believes the comprehensive plan is up to date, then the Council can stop the process. Commissioner Thomas McTygue asked Daniel Russo if the applicant might sue the City. Daniel Russo said he could not answer that question at this time. He said though that whatever the consistent practice of the City and Planning Board staff has been, it should be followed. This is labeled as a petition and it does not appear to be a petition. It has been stated that there are 1,000 signatures in support of this zoning petition, when in fact, the petition with the signatures was addressed to the Planning Board. The City’s Code states that a fee is required and a fee has not been attached. They are asking for fairness. They have already agreed to the DEIS which is a $100,000 process. He asked why the City would place itself in such a position. The principals of the code should be applied universally. Commissioner Ron Kim said there seemed to be an inconsistency if the Council acts prior to receiving a fee. Mayor Valerie Keehn asked if there were examples of other zoning amendment petitions being acted on without paying the fee. Geoff Bornemann said that in all of the time that he has been employed by the City, this is the first time in his recollection that a group of nonproperty owners has requested such a change. He said zoning amendment requests by non property owners has been done indirectly through a Council member or another City Board without paying a fee. Commissioner Thomas McTygue asked if this request was different from others. Geoff Bornemann said there were some similarities to the Anderson case. Geoff Bornemann said there is a process for property owners to follow. The neighbors cannot follow that process because they are not the property owners. Michael Englert said the request was made by a group of citizens for the Council to make a legislative decision. Commissioner Thomas McTygue said the petition does not ask for rezoning. Page 3 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Mary Beth Delarm said there were two documents, a petition with 1,000 signatures and a separate document requesting the rezoning of this parcel. She said the petition had been submitted last fall and they continue to add names to it. In regards to the 110 acres that the applicant’s attorney references, it is all wetlands. She said the comprehensive plan could be amended at any time. Devon Dalpos, 20 Karner Drive and Westside Neighborhood Association member, said the Council is bordering on dangerous precedent. This is not the normal process. The applicant has spent significant amounts of money. There is a comprehensive plan and a zoning ordinance that should be followed. He said that with all due respect these are not the owners of the parcel. The Council should not try to stop the process in this manner and it will likely expose itself to a lawsuit. As a taxpayer he does not want to pay for any more lawsuits. Larry Bruno, 119 Geyser Road, said he was not very knowledgeable about this project but he could not understand why the residents of this area did not want this project to move forward. He said that from an investment standpoint it would be good for homeowners. During this development process, there should be consideration given to trails, beautification, etc. This will not decrease the value of homes. Lynn Goodness, Arapaho Path, said that anyone who wanted additional information should attend a Planning Board meeting. There are more than 1,000 signatures for a reason. There will be some open space, but most of it is wetlands. Someone should pay attention to what the neighbors want. Jim Lambalot, Joseph Street resident and former Casino Drive resident, said that several years ago there was a request by Casino Drive residents to change the zoning from 1/4 acre to 2 acres. He said he believed that it was the intent of the neighbors at that time that all of the parcels in question under this application should have been zoned the same. There were concerns with spot zoning and there were some agreements that there should not be extensive development of the area. He said that the project at that time was similar to cluster projects. He believed it was a petition from people who did not own the land. Kate Maynard, Saratoga Plan, said she was glad to see that the Council was going to address the Administrator of the Parks & Recreation position. She said that this was an important matter that needs to be addressed. She encouraged the Council to fill the position. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. SUPERVISORS Cheryl Keyrouse Cheryl Keyrouse said she has attended many workshops and meetings at the county on subjects such as cyber security and public sector labor issues. She said the Committee for Safety and Financially Feasible County Water System will meet on February 28 in Wilton, March 8 in Ballston Spa, on March 15 in Burnt Hills and on March 23 in Clifton Park. She recently attended the Social Services Program committee meeting as well. She is attempting to work with Senator Bruno’s office on a child care program which could bring $1.1 million to the County. Page 4 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Joanne Yepsen said she holds regular meetings before Council meetings for those interested in talking to her about county issues. She said the County has decided to provide a consultant for the Office for the Aging to assist the elderly with medicare D program. She recently attended two days of open forums on racing. There was good representation from the City and County all stating that they want to preserve the quality of life in the City. There was also a public hearing in New York City on January 25 on the same subject. The state committee will begin drafting an RFP on this matter. The County’s water committee will hold a meeting on Friday, February 10 at 3:30 p.m., which is open to the public. That committee has a draft EIS that will be discussed. MAYOR=S OFFICE Westside Celebration Mayor Valerie Keehn said there is a group in the City that is planning a new festival to honor the history and heritage of the west side. The event is scheduled for September 8 and 9. Lee Signor thanked the Council for allowing her the opportunity to discuss this event. She said this will be a great celebration that, with the City’s permission, will close some streets, and allow for dancing, vendors, bands, display of arts, etc. This event will celebrate the west side heritage. Administrator of Parks, Open Lands and Historic Preservation Mayor Valerie Keehn said she wanted to update the Council and the public on the status of the position of the Administrator of Parks and Open Lands position. She said the charter became effective on January 1, 2004, and calls for this position. The person who will fill this position will be responsible for the planning, management development and administration of parks and open lands program within the City. That person will also integrate the activities of the Heritage Area Program, the City Historian and policies and programs of the City dealing with historic preservation. This position has not yet been filled, however, she is committed to making that happen. She will return to the Council to discuss funding for the position and the civil service requirements. Commissioner Matthew McCabe said this position was set at the low $40,000s and there was some funding included in last year’s budget. He asked if she planned to fill what had been established or to reestablish the position. Mayor Valerie Keehn said it was her understanding that there was only about $8,000 included in the budget this year for this position. Her proposal is to fully fund the position as an administrative managerial position. She planned to look for $70,000 rather than $40,000, however, there was no guarantee that this could be accomplished this year. The person filling this position must be highly qualified. Commissioner Matthew McCabe asked if there should be some conversation with Civil Service on their rules. Mayor Valerie Keehn said she had talked to Civil Service on this matter and it may have to go back to the state for review based on the higher salary requirements. There is agreement that if the salary is increased, the position description should also be modified so that the parameters of the exam can be changed. Code of Ethics Mayor Valerie Keehn said that in February 2005, Michael Lenz appointed an Ethics Board naming A.C. Riley, Christine Gillmett-Brown and Albert Serling. That committee was asked to update the Code of Ethics for the City. Their proposed revised Code of Ethics was scheduled for a Page 5 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 discussion and vote at the December 20 Council meeting, however, it was withdrawn from the agenda. She recently met with the joint boards of the City and there was agreement at that meeting that the Ethics Board would meet with each of the City’s boards. Once the Ethics Board has met with each of the boards, she will return to the Council with an update. Saratoga Gaming and Raceway Exemption Mayor Valerie Keen said there has been a lot of speculation on the proposed expansion of the Saratoga Gaming and Racing. They have apparently submitted plans to the New York State Lottery Division for a proposal that may include a 150 room hotel and 2,300 seat venue. The Saratoga Gaming and Raceway has not let the City know what those plans are. They have further suggested that they are exempt from local approvals, which is unacceptable. She said that she would do everything in her power to make sure that the City is part of those conversations. She will meet next week with executives from Saratoga Gaming and Raceway along with Commissioner McCabe. She has also asked the City Attorney to study the matter on the City’s review authority over any development projects at the Raceway. She will report back to the Council. NYS Proposed VLT State Aid Legislation Mayor Valerie Keehn said that as part of the state’s proposed budget, there is a legislative proposal for new video lottery state aid program. This bill would allow for eligible municipalities housing video lottery gaming facilities to receive state. That state aid should be used by the municipalities to increase support for public schools, defray local costs associated with video lottery gaming facilities and minimize or reduce real property tax. Unfortunately the bill includes a definition of eligible municipalities that would exclude Saratoga Springs. According to the bill, a municipality is only eligible for the aid if 30 percent or more of its students qualifies for the free and reduced price lunch program. As of 2003-2004, only 1.5 percent of the Saratoga Springs School district students qualified for this program. The City must be included in this bill. She will lobby the state legislature regarding this bill to make sure that the City is not left out. She will also reach out to other communities such as Buffalo, the Finger Lake, Batavia and Monticello that have video lottery facilities. She will keep the Council updated on this matter. NYS Ad Hoc Committee on the Future of Racing Mayor Valerie Keehn announced that today, Speaker Sheldon Silver announced that he appointed her to the Ad Hoc Committee on the Future of Racing. His other two appointments were Assembly Racing and Wagering Committee Chair Gary Pretlow and Assembly Consumer Affairs and Protection Committee Chair Audrey Pfeffer. This committee is charged with determining who will get the franchise to run the Saratoga Racecourse, Belmont and Aqueduct after the NYRA contract expires. The City needs to have a voice on this matter. She said she would everything in her power to make sure that fiscal responsibility is restored to racing in New York State, that the City maintains its exclusive meet dates and that horse racing in the City remains historic and special. Geyser Crest Zoning Proposal Mayor Valerie Keehn said that because of the discussions earlier this evening and conflicting information, she will withdraw this matter from discussion. She said that she wants to be sure that all items are addressed by both Planning and the City Attorney before the Council votes. Page 6 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Commissioner Ron Kim asked if this matter was referred to the Planning Board when would the Council hear back from the Planning Board. Geoff Bornemann said it would be within 30 days. He said the Planning Board would review whether the request was in accord with the comprehensive plan and the zoning ordinance. Declarations for 166 & 284 Jefferson Street (06-28) Mayor Valerie Keehn said this is a resolution regarding the rezoning of two parcels on Jefferson Street from UR-2 to UR-4 the rezoning of 285 Jefferson Street on September 20, 2005 and the rezoning of 166 Jefferson Street on January 17, 2007. She thanked Stephen Ethier for working with the City on this matter. She said that Stephen Ethier went the extra mile in making 30 percent of the units affordable for working families. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following resolution: WHEREAS, the City Council of the City of Saratoga Springs approved the rezoning of specific parcels from UR-2 to UR-4 at 285 Jefferson Street on September 20, 2005 and at 166 Jefferson Street on January 17, 2006; and WHEREAS, the City of Saratoga Springs has determined it to be in the best interests of the people of the city to amend the Declaration of Covenants and Restrictions of Stephen Ethier, filed respectively on September 19, 2005 and on January 17, 2006, to provide greater specificity and assurance in carrying out the City’s desire to encourage the development of housing affordable to a broad range of households with varying income levels and to mitigate the market forces excluding housing that meets the needs of all economic groups within the City; and WHEREAS, the property owner supports the City’s endeavor in this area; NOW, THEREFORE, BE IT RESOLVED, that the Amendment and Restated Declaration of Covenants and Restrictions of Stephen Ethier included herewith are hereby approved for execution by the Mayor; and BE IT FURTHER RESOLVED, that the aforesaid rezoning of January 17, 2006, is hereby confirmed and that the Zoning Map be conformed to the ordinance as adopted. Ayes all. Monroe Title Insurance Mayor Valerie Keehn pulled this item from discussion. Open Space City-County Agreement - Loughberry Lake (06-29) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with Saratoga County for this project. She said the City will spend approximately $150,000 and the County will spend $100,000. This is in connection with the project on Loughberry Lake. Ayes all. Bill McTygue said that the City’s share will be paid for from the water fund. The City applied for Page 7 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 open space grant money from the County. This is the old Congress Gas & Oil site. The City is purchasing the land from Bill Dake. The City will make interest free payments over the next five years for this parcel. He also noted that all of the mitigation on the site will be done before the City takes possession. Shelters of Saratoga (06-30) Brad Birge said the City approved CDBG funding of $14,000 in 2002 to the Shelters of Saratoga which leveraged their project into $400,000 from the NYS Division of Housing and Community Renewal. Funding delays from NYS DHCR has prolonged the program, therefore, SOS is requesting a six month extension to their contract. He noted that 15 homes had been completed and there are five more to go. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the six month extension of the Shelters of Saratoga 2002 owner-occupied Rehabilitation program. Ayes all. Subordination Agreement Brad Birge said a recipient of the City’s rehabilitation grant program is seeking to refinance a mortgage with the same financial institution to capture a lower interest rate. Citifinancial is requesting that the City confirm the subordination of its existing UCC-1 Security Agreement. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to confirm the subordination agreement in that Citifinancial retains its first position and the City retains its second position. Ayes all. Lead Based Paint Hazard Reduction (06-31) Brad Birge explained that the City’s rehabilitation grant program currently provides grants of up to $10,000 to eligible households for home repairs. The implementation of the residential lead base paint hazard reduction act required by the federal government now mandates that all lead base paint hazards be addressed as a priority in houses that receive more than $5,000 in federal assistance. This mandate increases substantially the scope of work and as a result diminishes the amount of funding available for other critical needs such as windows, insulation, roof repairs, heating and electrical upgrades, etc. Therefore, they are requesting that the maximum grant amount be increased to $15,000 to cover those other improvements. Mayor Valerie Keehn moved and Commissioner John Franck seconded to increase the maximum grant under the City’s Rehabilitation Grant Program from $10,000 to $15,000. Ayes all. Brad Birge said there is quite a bit of work available for lead-based paint hazard reduction contractors and there are programs that offer funding for training. He said that this training can be funded through the Community Development Office. Urban Heritage Area Advisory Council Board Members (06-32) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to appoint Mike Page 8 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Messinger and Brian Rodems to the Heritage Area Advisory Council for a term of three years. Their terms will end on August 31, 2009. Ayes all. Executive Assistant to the Mayor Mayor Valerie Keehn withdrew this item from discussion. Legal Procedures Mayor Valerie Keehn said new legal procedures and protocols were distributed to Council members. She understood that there had not been time for everyone to review those protocols. She proposed that these protocols be the plan for the City to handle legal matters. There needs to be coordination and cooperation. She hoped that Council members would review this material and she would bring it back at another meeting for closure. ACCOUNTS DEPARTMENT Approval of January 17, 2006, meeting minutes This item was withdrawn from discussion. Approval of January 30, 2006, meeting minutes Commissioner John Franck moved and Commissioner Thomas McTygue seconded to approve the January 30 meeting minutes. Ayes all. Award of bid - Sale of Used Truck Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the sale of the used truck to Frank Daloia & Sons of Stillwater for $3,712 (high bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Snow Plow for Front End Loader Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the snow plow for front end loader to Southworth Milton - Cat of Clifton Park for $13,035 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Extension of Bid - Motor Vehicle Filters Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to extend the bid for Motor Vehicle Filters to Spa Automotive for one year under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Extension of Bid - Motor Oil Page 9 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to extend the bid for Motor Oil to Farrell Oil for one year under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Extension of Bid: Truck Tarping System Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to extend the bid for the Truck Tarping System to T&T Body King, Inc., for one year under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Extension of Bid: Port-a-John Rentals Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to extend the bid for Port-A-John Rentals to Portable Restroom Rentals for one year under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Commissioners of Deeds Commissioner John Franck moved and Commissioner Ron Kim seconded to appoint the following individuals as Commissioners of Deeds with a term of two years: John Carey, Joseph Carey, John Kelly, Scott Johnson, Dan Noeker, Thomas Sartin, Sean O’Leary, Anthony Strauss, Greg Santos, Mike Rayburn, Glen Vidnansky and Mark Leffler (all from the Police Department). Ayes all. Subregistrars (06-33) Commissioner John Franck moved and Commissioner Ron Kim seconded to appoint the following individuals as subregistrars for Vital Records: Captain Michael Biss, Lt. Gary Forward, Lt. Christopher Cole, Lt. Gary Perkins, Lt. Michael Salisbury, Sgt. Daniel Mullan, Sgt. John King, Sgt. Michael Welch, Sgt. Michael Chowske, Sgt. Linda Quattrini, Sgt. William Crandall, Sgt. Warren Wildy, Sgt. Daniel Noeker. Ayes all. Commissioner John Franck said that the appointment of these individuals as subregistrars is being done for the convenience of the residents of this City. This will allow for death certificates to be issued on an emergency basis in the evenings and on the weekends. He also thanked the Police Department and in particular Chief Moore and Asst. Chief Cornick for their cooperation in this matter. Repeal Public Assemblage Ordinance (06-34) Commissioner John Franck moved and Commissioner Ron Kim seconded to repeal Chapter 69 of the City Code entitled Assemblies, Public. Page 10 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Commissioner John Franck said 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. Ayes all. Lockrow Zoning Amendment (06-35) Commissioner John Franck said that pursuant to the Council’s request of December 21, 2005, the Planning Board has 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 the meeting and she concurred with the revised proposal. Following the discussion, the Planning Board voted 5-1 to issue a favorable advisory opinion on the revised proposed zoning map UR-4A map amendment. 1. The Board believes 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. Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and adopt the zoning map amendment as presented. Ayes all. Article 7 Cases - Authorization for Mayor to sign contract (06-36) Commissioner John Franck moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with firm of Flink Smith, LLC as special counsel for the following article 7 matters: Bank of America, Don Greene Enterprises, JB Realty, Old Saratoga Square, Pravda, Sherwood Terrace Apartments, Rose Tait, Wardlaw & Bristol and Whitmore Court Apartments. Counsel representing the City in these matters is Jeffrey Wait. The terms of the contract are $135 per hour for the principal’s time and associated expenses. Ayes all. Commissioner John Franck said the funding was within his budget. He further noted that the legal procedures and protocols will be followed when finalized. He said he would keep the Council updated on the cases. Page 11 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Loughberry Lake Dam Safety Marilyn Rivers said that in recent months, the Safety Committee established a subcommittee to review dams in the City limits. This was done in response to the Hadlock Pond dam collapse and as a proactive measure by the City. She said that upon completion of the report, they intend to conduct a community outreach program. The document will be on file in various departments when it is in final form. This dam safety program also creates a further cost savings to the City in insurance premiums. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: January 20, 2006 - $365,892.22; January 27, 2006 - $500,657.41 and February 3, 2006 - $381,249.86. Ayes all. Warrants Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2005 Regular Warrant 2/7/06 5DEC05 $ 216,678.07 2006 Regular Warrant 2/7/06 1FEB06 $ 166,692.44 2005 Mini Warrant 1/26/06 MC4DEC05 $ 29,801.01 2006 Mini Warrant 1/26/06 MC2JAN06 $ 424,520.35 2005 Mini Warrant 2/1/06 MC5DEC05 $ 49,268.65 2006 Mini Warrant 2/1/06 MC1FEB06 $ 14,081.96 2006 Mini Warrant 2/2/06 MC2FEB06 $ 2,772.90 Ayes all. Budget Transfer - Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers from or to payroll accounts as distributed (Attachment A). Ayes all. Page 12 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Budget Transfers - Regular Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget transfers regular as follows: lines 1-2 from the City Center, no explanation necessary and lines 3-4 from the Accounts Department, transfer from the E-Government grant equipment line to contract services line to cover the cost of the credit card monthly maintenance fees (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as presented (Attachment C). Ayes all. Fiscal Advisory & Marketing, Inc. Contract(06-37) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Fiscal Advisors & Marketing to provide financial advisory services to the City for the proposed bond issue. The contract amount will not exceed $9,500 and is in the 2006 budget. Ayes all. Bond Resolution (06-38) Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the bond resolution in the amount of $3,789,000 as presented (Attachment D). Roll call vote. Ayes all. It was noted that once the bond is issued, there are three years to expend the funds. Annual Tax Resolution (06-39) Commissioner Matthew McCabe moved and Commissioner John Franck seconded the following resolution: RESOLVED, that the City of Saratoga Springs, New York on this 7th day of February 2006 at 7:00 p.m. adopt and confirm the 2006 tax roll carrying a levy on the inside district of $7,279,971.86 for the City and $4,059,422.29 for the County; total inside district levy $11,339,394.15. Levy on the Outside District of $5,872,876.64 for the City and $3,288,935.45 for the County: total Outside District levy of $9,161,812.09 making a total tax levy of $20,501,206.24 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rates per one thousand dollars of assessed valuation. Inside District Rates City $4.7311 County $2.614660 Outside District Rates City $4.7058 County $2.614660 Page 13 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the relevy of the 2005 Utility Tax in the amount of $310,963.78. FURTHER RESOLED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2006 Saratoga Lake Special Improvement Tax for the Saratoga Lake Improvement District in the amount of $99,806.17 FURTHER RESOLVED, that the CITY Council of the City of Saratoga Springs, New York adopt and confirm the 2006 Special Assessment Tax for the Saratoga Springs Special Assessment district in the amount of $73,999.73 Ayes all. Fourth Quarter Financial Report Commissioner Matthew McCabe said that the Finance Department is required to submit to the Council each quarter a written financial report within 45 days after the end of each quarter. The fourth quarter does not end until the end of February. The report will be made available as soon as possible after that date. Marketing Committee Commissioner Matthew McCabe said the Marketing Committee will have a public input meeting on February 23 at 7:00 p.m. at City Hall. This committee is charged with identifying all commercial properties in the City, establish a list of businesses and organizations that would compliment the City and recommend short term and long term ideas. The committee is creating a questionnaire. The committee has an information page on the City Hall’s web site. Munis System Commissioner Matthew McCabe said that on Wednesday, January 25 the City experienced its first serious computer problem with Munis. Kevin Kling the City’s Information Technology System Manager contacted Munis and after hours of investigation Munis believed that the City had corrupt data within Munis. Kevin Kling did not believe that was the problem and continued to research the issue. He was able to determine that the problem was actually corrupt data in the Informix software that runs Munis. Kevin Kling contacted Informix support in Australia and was able to have the City up and running by the next morning with no loss of Munis data. This is a job well done by Kevin Kling. Commissioner Matthew McCabe commended Kevin Kling for his tenacity in finding and fixing the problem. The City is fortunate to have Kevin Kling on staff. DPS Deputy Commissioner (06-40) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to add the Deputy Commissioner of Public Safety item to the agenda. Ayes all. Commissioner Ron Kim announced the appointment of Frank Dudla as Deputy Commissioner of Public Safety until December 31, 2006. DEPARTMENT OF PUBLIC WORKS Page 14 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Fees for Emergency Water Service Repair Commissioner Thomas McTygue requested that a public hearing be set for February 21 at 6:45 p.m. for emergency water service repair fees. He said they are proposing to add $1/per quarter to the fee which would then allow the City to take over emergency repairs on laterals. He said plumbers who normally make these repairs support this proposal. This is for emergency repairs only. Labor Attorney Contract - Poklemba & Hobbs, LLC. Commissioner Thomas McTygue proposed that the firm of Poklemba & Hobbs be hired for labor relations matters for DPW at $90/hour. He said the contract had been distributed to Council members. Commissioner Thomas McTygue said he understood that the Council was considering other methods on legal matters, however, this firm has worked with his department on a number of disciplinary actions. At $90/hour this will not be a budget matter. Most attorneys charge $120/hour or more for their services. These attorneys will talk only to Bill McTygue or him on legal matters, therefore, the costs will be controlled. Labor contracts specifically delegate the duty of responding to grievances to the Commissioner of the department. There is very specific language in labor contracts on grievance procedures. When getting to step three of the grievance process, attorneys are necessary. Bill McTygue said labor contracts do not give Commissioners the ability to transfer the responsibility of grievances. There is specific language in the contract. Commissioners are charged with the administration of their department and grievances fall under that responsibility. Commissioner Ron Kim asked how much time is spent on grievances. Bill McTygue said that it varies depending on the issue. He said the grievance first goes through the informal process then to the more formal process of step three. Sometimes grievances take a considerable amount of time. He tries to minimize the process though by solving the matter at step one or step two. Mayor Valerie Keehn asked how many cases were pending. Bill McTygue said two. Commissioner Thomas McTygue said there needs to be a comfort level with attorneys and he needs to have the ability to be able to pick up the phone and talk to an attorney. He said he has that comfort level with this firm. He suggested that next year each department add lines to their respective budgets for attorneys fees. Commissioner Matthew McCabe said he was sympathetic to Commissioners’ desires for comfort levels, however, there needs to be a communication process. Valerie Keehn asked at what point is Human Resources involved in the grievance process. Bill McTygue said Human Resources is involved in the beginning and he works closely with Human Resources. However, that responsibility cannot be transferred to Human Resources. Human Resources does not know the intricacies of the departments, the day to day policies, etc. He does consult with her and keep her informed though. Commissioner Matthew McCabe said in the past the budget has been drafted as a package deal with a particular firm for labor matters. He said he needs more time to think about this matter. Page 15 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 The best financial approach needs to be found. He wants to dictate the budget, but does not want to dictate who is being hired. Commissioner Thomas McTygue said that was all well and good, however, his department was not consulted on the legal portion of the budget when Finance drafted the budget. There is not enough money in the budget to cover legal expenses. That is the Finance Department’s mistake. He said Finance can make any argument they want about the budget, but there are two pending cases where attorneys are necessary and they need to be hired and paid form. He said he did not anticipate high costs associated with these cases. If it goes higher than he anticipated though, he would bring it back to the Council. Commissioner Matthew McCabe said this contract seemed a bit broad. Commissioner Ron Kim agreed saying that it could be construed as this firm representing all labor matters. He said he may want a separate labor contract for his department. Commissioner Thomas McTygue suggested that Council members review the contract and forward their suggested changes to him. Commissioner McCabe said he did not support a two year contract. Commissioner Thomas McTygue said the Council approved the hiring of an attorney for the Planning Board at the last Council meeting, voting unanimously, and there were no questions asked. He asked what is different this time. He proposed to pay this firm $90/hour and asked what other firm could be hired at that cost. He said it seemed to him that the present City Attorney simply has a problem with Poklemba & Hobbs. He is not asking that the City Attorney act as the coordinator with this firm but rather that Tony Izzo, Assistant City Attorney, be the coordinator Mayor Valerie Keehn said it seemed to her that the Council had already hired this firm for these two cases. Commissioner Thomas McTygue said this motion was to bring this firm on board to deal with labor related issues in his department. Bill McTygue suggested that Council members come to a grievance hearing and watch how it plays out. He said it is much like a trial. Both he and the attorney need to represent the City. The City has certain obligations to fulfill and he needs professional assistance that he is comfortable with. Commissioner John Franck said that according to the charter, the City Attorney is the “general legal advisor” and the “Council may from time to time engage legal professionals”. He asked for Tony Izzo’s interpretation of what the Charter Commission meant when this document was drafted. Tony Izzo said the City Attorney was viewed as a general practitioner as opposed to a specific practitioner. The Charter Commission meant for the City Attorney to manage and be kept apprised of the cases so that any Council members could be able to ask the City Attorney on the status of any particular case. Mark Lawton, former member of the Charter Commission and member of the audience, said the Charter Commission did not change the form of government. The City Attorney needs to be kept apprised of cases so that the City Attorney can keep the Council updated. He needs to know what is going on. This is common sense. Legal matters need to be discussed at the Council table. The Charter states that the Mayor is responsible not department heads. The Mayor is responsible for negotiating contracts unless otherwise delegated. He said that the charter “trumps” any contract, including labor contacts. Bill McTygue disagreed, stating that labor contracts are quite specific on grievance procedures noting that Commissioners are identified and are responsible. He said those labor contracts are signed by the City and CSEA Page 16 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 and there are rules to follow in those contracts. Those contracts are adopted by the Council. Mark Lawton again said that the charter “trumps” any contract. Bill McTygue said he disagreed. Commissioner Thomas McTygue questioned Mark Lawton’s representation of the Charter Commission’s intentions when drafting the charter. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to table this matter. Ayes: three (Commissioner Matthew McCabe, Commissioner Ron Kim and Mayor Valerie Keehn); nays: two (Commissioner Thomas McTygue and Commissioner John Franck.) Motion carried. Interactive Water Play Fountains Bill McTygue said that the Department of Health closed the City’s wading pools in late 2004. The Council, not wanting to miss the summer season last year, constructed four interactive play fountains. Those fountains were constructed with water recirculation systems. He was here tonight to inform the Council that DOH now has new regulations on interactive play fountains and the City may need to meet these new requirements by installing additional disinfection equipment. He said they continue to try to work with DOH, however, it could require more equipment at an additional cost for the City. Commissioner Matthew McCabe asked if the play fountains could be “grandfathered”. Bill McTygue said no. Indoor Multi-Use Recreational Facility Feasibility Study (06-41) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that the City hire the firm of SD Atelier LLC of Saratoga Springs to perform an investigation and feasibility study for this project at a cost of $28,980. The money is in the capital account for this project. Mayor Valerie Keehn said it was her understanding that Bill McTygue would pursue the long SEQR form with the architect. Bill McTygue said he was working on that matter and the firm would follow the SEQR process. Commissioner John Franck asked if a SEQR was required. Bill McTygue said the short form could meet the requirements. Mayor Valerie Keehn said the Planning Board should be the lead agency. Peter Loyola, SD Atelier, said their proposal was for the feasibility study only. The SEQR process is outside of the scope of their proposal. They are looking at plans and alternatives. The majority of their scope of this project is to develop alternative conceptual plans, programs, design alternatives, shared parking, etc. He said the proposed site has a great advantage of already having some infrastructure at the location. The City needs a clear concept before SEQR is initiated and his firm will generate a number of alternatives. Mayor Valerie Keehn asked what would be the cost of a long SEQR. Peter Loyola said it could be about $2,500. His firm could assist in the coordination of a long SEQR but it was not included in their price. He said, though, that the feasibility study will get the City to the point of what type of SEQR process should be initiated. Mayor Valerie Keen said she would like to see the SEQR process initiated and then to come back to the Council with their recommendations. Commissioner Thomas McTygue said there was a motion on the floor and he would like the Council to vote. Page 17 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Ayes: four (Commissioners John Franck, Matthew McCabe, Ron Kim and Thomas McTygue); nays: one: (Mayor Valerie Keehn). Motion carried. Donations Mayor Thomas McTygue moved and Commissioner Matthew McCabe seconded to accept the donations from David Silipigno Foundation for $20,000 to be used for the Italian Gardens renovation and for $7,000 to be used towards the July 4th fireworks celebration. Ayes all. DEPARTMENT OF PUBLIC SAFETY Deputy Commissioner Position - set a public hearing Commissioner Ron Kim said he is considering a second deputy commissioner position in his department. He would like to set a public hearing for the next Council meeting at 6:30 p.m. to discuss this matter. He explained that there are a number of programs in his department that need a lot of attention at the management level. In addition, there are a number of programs that he wants to initiate. He proposed that one of the deputies would be in charge the police, fire, budget administration and the reconstruction committee, while the second deputy would be in charge of planning and code enforcement. He said he wanted to turn the overdue parking tickets over to collection agencies, stronger enforcement the code by forcing property owners to bring properties up to code, start an apartment safety inspection program, review demolition by neglect, truck enforcement, etc. He said he wanted the public’s comments on this matter. Commissioner John Franck asked about simply hiring additional code enforcement officers. Commissioner Ron Kim said a deputy commissioner is not a permanent position. Commissioner John Franck asked if Commissioner Ron Kim might hire additional code enforcement officers. Commissioner Ron Kim said that was a possibility. Alternative Street Parking for Washington Street Commissioner Ron Kim requested a public hearing be set for February 21 at 6:25 p.m. on alternative side parking on Washington Street. Handicapped parking space on Railroad Place (06-42) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the following ordinance: An Ordinance to Amend Chapter 228 of the Code of the City of Saratoga Springs New York entitled, “Vehicle and Traffic” BE IT ORDAINED, by the City Council of the City of Saratoga Springs, New York as follows: Section 1. Chapter 225 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic” is hereby amended as follows: A. Section 225-93, is amended to add the following to Schedule XXVII: Handicapped Parking Zones. Name of Street Side Location Railroad Place West Between Washington Street and Division Street Page 18 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all. Donation Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to accept the donation from Robert Tulin for $100 for the K-9 fund. Ayes all. Commissioner Ron Kim moved and Valerie Keehn seconded to accept the donation from Stewarts for $1,000 for the K-9 fund. Ayes all. Attorney Commissioner Ron Kim withdrew this item from discussion. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Kyle York, 59 Railroad Place, said the display by the Council members earlier this evening was somewhat surreal. He then informed Council members that at a recent Town of Ballston meeting, the chair instructed a resident to speak at the County level on his concerns about water. He said though that at the County level there is no public comment period. Mark Lawton said there are many intricacies in the charter and perhaps some of these discussions should be held in executive session. The charter states that it expects professionalism. It also expected that the “five headed monster” would be gone. The charter has not yet been fully implemented. The personnel matters are not fully implemented. The legal matters have not been fully implemented. The charter is important and it is a new way of thinking. The charter is written from the citizens’ point of view. The legal matters are important issues. There are policies and procedures that need to be developed. The Commissioners cannot have their own little kingdoms. This is a legislative body. The Council will need to hire attorneys on an occasion. Sony Bonacio, Bonacio Construction, said he would like to donate a second kennel to the K-9 unit. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 10:10 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:10 p.m. Respectfully submitted, Kathy Moran Page 19 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 7, 2006 Clerk Approved: Page 20 of 20