City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 4, 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 SUPERVISORS Cheryl Keyrouse Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Patrick Design, Deputy Commissioner, DPW Nancy Ohlin, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:15 p.m. EXECUTIVE SESSION Council members adjourned to executive session at 6:15 p.m. to discuss police litigation, PBA contract consultant and the waterfront property. Council members returned at 7:00 p.m. and reported that no action was taken. PUBLIC HEARING Zoning Text Amendments Mayor Valerie Keehn opened the public hearing on zoning text amendments for the extension of development approvals. There being no one wishing to speak, Mayor Valerie Keehn closed the public comment period. PUBLIC COMMENT PERIOD Mayor Valerie Keehn reviewed the Rules of Conduct and then opened the public comment period. John Kraus, 227 Grand Avenue, Citizens for Affordable Taxes, congratulated Council members on obtaining the VLT revenues from the state. He reminded Council members though that they still have a very full agenda. He asked what was the surplus from 2005 noting that information should be available by now. He asked where the City stood on its assessments, specifically Page 1 of 12 asking for information on new construction, etc. He asked about the old infrastructure that cannot be seen and plans for upgrading that infrastructure. Commissioner Thomas McTygue said that anytime John Kraus wanted to stop by and see him to talk about infrastructure, he was welcomed to do so. Commissioner Matthew McCabe said he would report on 2005 year end figures at the next meeting. Dave Bronner, 4 Royal Henley Court, said the City is having a good year, but the Council still has fiscal responsibilities. He said the charter mandated positions should not be filled. There should be no pay raises except for contractual obligations. The City needs to find new revenue sources. Kyle York, 59 Railroad Place, said there are three days left to comment on the DEIS. He said he was concerned that the County was not testing for the most toxic chemicals. The DEIS only sites those reports which were favorable for the County’s plan. Bill McTygue distributed information concerning the indoor multi-use recreational facility. He said the committee met today. The next meeting will be on Tuesday, April 25 at 11:00 p.m. in the Council room. He noted that the projected numbers are just that B projections. He said this is a work in progress. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. MAYOR’S OFFICE SEQR Declaration for Acquisition of the Waterfront Property (06-64) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded the following resolution: City of Saratoga Springs City Council Resolution SEQRA Negative Declaration for Waterfront Restaurant Property Land Acquisition WHEREAS, the City of Saratoga Springs is under a purchase contract for the acquisition of approximately 4.02 acres, known as The Waterfront Restaurant property, located off of Crescent Avenue for the public lands to be acquired with the intention of being used in the future for the strict purposes set forth under the City of Saratoga Springs Environmental, Parks and Open Areas Program; and, WHEREAS the proposed land to be acquired is a significant contributing element of the City of Saratoga Springs 2001 Open Space Plan Update and is consistent with the land acquisition criteria of City of Saratoga Springs Environmental, Parks and Open Areas Program; and, WHEREAS, in 2005 the City of Saratoga Springs commissioned a Phase I Environmental Site Assessment investigation of the property which was conducted by C.A. Smith, a local environmental engineering firm. The results of the investigation resulted in the potential for environmental concerns due to the presence of an historic gasoline filling station on the property. In 2006 the City of Saratoga Springs commissioned CA Smith to conduct a Phase II subsurface investigation at the property. Based on the investigations performed, C.A. Smith has not indicated the presence of any subsurface environmental conditions relating to hazardous materials or waste; and, Page 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 WHEREAS, the City Council of the City of Saratoga Springs identifies the acquisition of this land to be a Type 1 Action under SEQRA with the City Council as the sole agency directly undertaking or approving of the action, and that the project as described is subject to the State Environmental Quality Review Act (SEQRA) and required the preparation of a full Environmental Assessment Form; and utilizing a full Environmental Assessment Form prepared by its consultant, Behan Planning Associates, has conducted a review of the proposed action utilizing said EAF; that the environmental analysis is for the acquisition only and that a separate SEQRA evaluations will be preformed regarding the use of the property following the City becoming the owner of the property; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs has reviewed and analyzed Parts 1 and 2 of the full EAF, and hereby determines that the acquisition of this land will not result in any large or important impacts and therefore, is one which will not have a significant impact on the environment, and further, that a Draft Environmental Impact Statement will not be prepared, and further that the City Council issues a negative declaration on the proposed land acquisition and instructs to Mayor to distribute the negative declaration in accord with the SEQRA regulations. Ayes all. Acceptance of Phase 2 Environmental report for the Waterfront Property and Authorization for Mayor to executive all closing documents (06-65) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded the following resolution: City of Saratoga Springs City Council Resolution WHEREAS, the City of Saratoga Springs is under a purchase contract for the acquisition of approximately 4.02 acres, known as The Waterfront Restaurant property, located off of Crescent Avenue for the public lands to be acquired and used for the strict purposes set forth under the City of Saratoga Springs Environmental, Parks and Open Areas Program; and, WHEREAS the proposed lands to be acquired are: a significant contributing element of the City of Saratoga Springs 2001 Open Space Plan Update; provide a unique opportunity for public access to Saratoga Lake; and meet several criteria for the city’s program including passive park potential, passive and active recreation opportunities, and potential for public water access; and, WHEREAS, in 2006 the City of Saratoga Springs commissioned a Phase II Environmental Investigation of the property which was conducted by C.A. Smith, a local environmental engineering firm. Based on the investigations performed, C.A. Smith has not indicated the presence of any subsurface environmental conditions relating to hazardous materials or waste; and, WHEREAS, the City Council of the City of Saratoga Springs under SEQR determined that the project will not result in any large or important Page 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 impacts and therefore, is one which will not have a significant impact on the environment; and, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga Springs has reviewed the Phase II environmental investigation report, and hereby accepts the recommendation of no further action at the property. Furthermore, the City Council authorizes Mayor Keehn to sign all documents necessary to complete the closing on the property. Ayes all. VLT Revenue and City Center Expansion Revenue Mayor Valerie Keehn updated Council members on the VLT and City Center expansion revenues. She said she and several Council members had met with Senator Joe Bruno on the VLT matter. The proposed state budget now allows for a 75/25 split with the County (City receiving 75 percent) of the net revenue from the VLTs. Commissioner Thomas McTygue said he too had the opportunity to speak with Senator Bruno about the expenses that the City has in connection with the VLTs. Mayor Valerie Keehn said the City Center will also receive $12 million for their proposed expansion. Commissioner Matthew McCabe said the VLT money will be in perpetuity. It can be used to reduce real property taxes, but the Council needs to remain conservative in its spending. Commissioner Ron Kim said he believed that Senator Bruno and Assemblyman Tedisco were receptive to the City’s requests on these revenues because there was solidarity from the Council members. They also understood the expenses that the City has in connection with the racino. All Council members thanked both Senator Bruno and Assemblyman Tedisco for being receptive to the City’s requests on these matters. Rules of Conduct Mayor Valerie Keehn reviewed the Rules of Conduct. It was agreed there would be some minor changes. The Mayor said that the modified version would be distributed. Celebrate Downtown Saratoga Committee Mayor Valerie Keehn said after she took office she was approached by a downtown business owner on their struggles to remain downtown. Because of that conversation, she formed the Celebrate Downtown Saratoga committee. This committee will work with the Team Saratoga committee. Hilary McClellan, chair of the committee, said the committee will focus on the historic nature of the community, preservation of the authenticity of the historic downtown and support local businesses and tourism as well as the overall economic vitality of the City. They will identify long term strategies to build on the existing sense of community. They will seek input from the public. Mayor Valerie Keehn said she would keep the Council apprised of the workings of this committee. SEQR Declaration for Acquisition of the Waterfront Property Previously discussed. Acceptance of Phase 2 Environmental report for the Waterfront Property and Authorization for Mayor to executive all closing documents Previously discussed. Page 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 46 Union Avenue Zoning Amendment Petition Mayor Valerie Keehn said that the City had received a petition from Norstar Development for a zoning map amendment to change the classification of a .95 acre parcel of land at 46 Union Avenue. Matthew Jones, attorney representing the applicant, said this parcel is currently zoned institutional/educational. When the existing building is demolished, there will be no need for the parcel to remain institutional/educational. He noted that much of the surrounding area is zone UR-4, which is what they are requesting the new zoning be for this parcel. Norstar is under contract to purchase this parcel. He requested that the Council accept the application for study and send it to the Planning Board for an advisory opinion. Commissioner Ron Kim asked if there were other nearby parcels zoned as institutional/educational. Matthew Jones said the Empire State College had parcels zoned as institutional/educational. Mayor Valerie Keehn said at the last Council meeting she stated that the Council should be careful about entertaining zoning amendment requests. However, this particular application is unique because the building on this property is going to be torn down and the existing zoning of institutional/educational will no longer be necessary. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to accept the zoning amendment petition for study and forward it to the Planning Board for an advisory opinion. Commissioner Ron Kim asked when the comprehensive plan committee might be formed and review of that document might begin. Mayor Valerie Keehn said she hoped to have the committee formed within the next couple of weeks and there was no time line for their work. She did not want to rush the review. Commissioner Ron Kim asked if there had been any thought given to applying for a use variance. Matthew Jones said yes, however, the applicant did not believe that it was the appropriate way to go about using this parcel. He reminded everyone that the proposed zoning of UR-4 is consistent with the comprehensive plan. Commissioner Thomas McTygue said sometimes the Council needs to take the common sense approach. He said that this particular zoning amendment petition was appropriate. Ayes all. Ice Rink Leases Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the ice rink leases as presented. Ayes all. Executive Assistant to the Mayor (06-66) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the following resolution: AUTHORIZATION OF 2006 SALARY, FRINGE BENEFITS, AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE EXECUTIVE ASSISTANT TO THE MAYOR Page 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 WHEREAS, the Executive Assistant to the Mayor was classified as an “Exempt” title on December 15, 1997 by resolution of the Saratoga Springs Civil Service Commission, and WHEREAS, the incumbent of that title serves only for and at the pleasure of the Mayor, and WHEREAS, the annual salary, fringe benefits, and conditions of employment of the Executive Assistant to the Mayor are established by recommendation of the Mayor and affirmed by resolution of the City Council, and WHEREAS, the salary of the Executive Assistant has not changed since 2002 when it was set at $30,768.00 and WHEREAS, all other city employees’ salaries have been increased since 2000, and WHEREAS, Linda B. Benton was appointed Executive Assistant to the Mayor on January 1, 2006, NOW THEREFORE BE IT RESOLVED, that the Executive Assistant to the Mayor be afforded the same fringe benefits as the Deputy Commissioners by resolution of December 18, 1989, and as amended by resolution of November 4, 1995, and be it further RESOLVED, that for the calendar year of 2006, the Executive Assistant to the Mayor shall work a standard work week of 33 hours and such additional times as the Mayor may require, and be it further RESOLVED, that for the calendar year of 2006, the salary of the Executive Assistant to the Mayor shall be $34,000.00, effective January 1, 2006. Commissioner Thomas McTygue said this matter was tabled before because of his request to review salary increases as a package rather than for individual employees. He said that had not been done. He then distributed information on individuals who had not received a salary increase and suggested that there be consideration for those individuals to receive an increase of 3.5 percent. He said he would support tonight’s motion, however, he wanted to see these other individuals addressed. He noted that to give these seven other individuals an increase would cost the City $10,171. He said he would add this to his agenda at the next meeting Ayes all. Use of Mayor’s Department Personnel Mayor Valerie Keehn said she would develop a form to be used by departments when requesting the assistance of her staff. She said she would review those requests and prioritize them. Saratoga County Farmland Open Space Preservation Matching Grant Program Mayor Valerie Keehn said the Saratoga County Board of Supervisors has allocated $500,000 for a matching grant program to purchase productive agricultural lands and open space land where preservation is deemed to be of significant public benefit. The grants are for up to 50 percent of the project cost up to a maximum of $100,000. The grants are contingent on matching funds from the municipality. The County will accept grant applications between April 1 and June 30. If the Council is interested in applying for this grant the requirement is that the Council, as a whole, support the application. There is a special Council meeting scheduled for Wednesday, Page 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 April 12 at which time any ideas for grant applications may be discussed. There will also be an open space workshop for Thursday, April 27 at 7:00 p.m. at the library. ACCOUNTS DEPARTMENT Approval of March 21, 2006, meeting minutes Commissioner John Franck moved and Commissioner Ron Kim seconded to approve the March 21, meeting minutes with a few minor corrections. Ayes all. Zoning Text Amendments (06-67) Pursuant to the Council’s request of January 18, 2006, the Planning Board reviewed the proposed zoning text amendment submitted by the Zoning Board of Appeals to change the regulations for granting extensions of variances. The Planning Board reviewed the proposed amendments at their February 1, 2006, meeting. The Board supported the amendment but suggested that the regulations for extension of all development approvals be uniform. Therefore, the Planning Board expanded the original request and proposed the additional amendments for extensions of decisions for the Planning Board, Design Review Commission and the Zoning Board of Appeals. The Planning Board has contacted the chairs of the ZBA and DRC and they support these revised amendments. On a vote of 7-0 the Planning Board recommended a favorable advisory opinion on the previously distributed amendments. The Board found these amendments in accord with the Comprehensive Plan and the general purposes and intent of the zoning ordinance. Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and to adopt the zoning text amendments and subdivision regulations as presented. Ayes all. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: March 24 B $351,486.17 and March 31 - $371,726.50. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following warrants: 2006 Regular Warrant 4/4/06 1APR06 $ 251,631.53 2006 Mini Warrant 3/29/06 MC4MAR06 $2,641,099.36 Ayes all. Transfers - Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the payroll transfers as presented (Attachment A). These transfers have met the transfer guidelines. Ayes all. Page 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 Transfers - Regular Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers from or to payroll accounts as distributed (Attachment B). These transfers have met the transfer guidelines. Ayes all. Transfers - Contingency Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers as presented (Attachment C). These transfers have met the transfer guidelines. He noted that there will remain in the water fund $165,668 and in the sewer fund $521,389. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments as presented (Attachment D). These amendments have met the amendment guidelines. Ayes all. VLT Revenue Previously discussed. DEPARTMENT OF PUBLIC WORKS NYSDOT Agreement and Resolution (06-68) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the City to enter into an agreement with NYSDOT and to authorize the Mayor to execute the agreement and sign all related documents, contingent upon a budget amendment. Commissioner Thomas McTygue said the City received a letter from NYSDOT awarding the City a grant in the amount of $65,000 for the emergency repairs to the Route 50 arterial lights. Commissioner Ron Kim asked what who would be responsible for the lights in the long term. Commissioner Thomas McTygue said the reconstruction of Route 50 north is scheduled for 2010. He said when the lights were initially constructed by DOT they were not constructed to Niagara Mohawk specifications, therefore, Niagara Mohawk would not take them over. He said the City recently got involved and a consensus was reached among all parties. Senator Joe Bruno then made the funds of $65,000 available. The City will pay the utilities and maintenance. Bill McTygue said this resolution is necessary to obtain the funds and the paperwork from the state will follow. Ayes all. Barton & Loguidice Contract Extension for South Broadway (06-69) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the contract extension with Barton & Loguidice for the South Broadway Page 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 project. This is for an extension of time only and will not cost the City any money. Ayes all. Set Public Hearing Supplemental Agreement #3 and Capital Budget Amendment Commissioner Thomas McTygue requested that a public hearing be set for Tuesday, May 2 at 6:50 p.m. on the supplemental agreement and capital budget amendment. He said the City will need to find $6,300 in additional funding for this project. This is for South Broadway from the Getty south to the Adirondack Trust Company. Transfer Station Commissioner Thomas McTygue reminded everyone that the County has a satellite recycling station on Weibel Avenue. He said the City also has a transfer station there that is very busy. He said residents are able to buy bags for $2 and drop their trash and recycling at the same time. He said this is a very busy place and encouraged residents to use it. Saratoga County Open Space Grant Commissioner Thomas McTygue said his office was asking for some assistance from the City Planner in completing the applications for the County open space grant funds. He said he would like to apply for grant money for both the Loughberry Lake area and the Getty Station at the corner of Broadway and Circular Street. He said the Getty Station could be turned into an urban park Commissioner Thomas McTygue moved that the City submit grant applications to the County on both projects. Commissioner Thomas McTygue said the project at Loughberry Lake is going along well. He said the soil is being cleaned and he hoped that someday, if Loughberry Lake is not used at the City’s water source, that the lake could be used for passive recreation. Commissioner Thomas McTygue said he needed the assistance of Geoff Bornemann for an hour or two to complete these applications. Mayor Valerie Keehn said before the Council can submit the grant application, there must be support from the Council. She said she would work with Geoff Bornemann on this matter. Mayor Valerie Keehn said she was concerned with the City submitting two grant applications and whether they would compete against one another. She suggested that the Council determine which had a higher priority. Commissioner Thomas McTygue said it was likely that the lake parcel would have a higher priority, however, the construction of an urban park for the seniors was also a good opportunity. Mayor Valerie Keehn said these were matching grants. Commissioner Thomas McTygue said the City has the money for the lake project and there is money available in the open space bond for the Getty Station. He said this would be a good opportunity for the City to clean up this intersection. Geoff Bornemann said the City would need an agreement between the City and the Getty Station property owner before it could submit a grant application to the County. Commissioner Ron Kim suggested that the Getty Station parcel could somehow be used to keep truck traffic out of the downtown area and move it to exit 13. Page 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 Supervisor Joanne Yepsen said each proposal needs a separate application. She believed the Getty Station was a good proposal because it is the gateway to the City and it would likely be appealing to the Board of Supervisors. Mayor Valerie Keehn said that she would work out a schedule with the City Planner. There was consensus from the Council that applications be made on both projects and the City Planner would assist in completing the applications. Annual Report Commissioner Thomas McTygue said that although it was time for DPW to submit their annual report, they were still working on it. He said that there are several large projects looming throughout the City. He said the report would be submitted as soon as it was done. DEPARTMENT OF PUBLIC SAFETY Kelleher - Hold Harmless Agreement Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to authorize the execution of the hold harmless agreement for the Kelleher property at 246 West Avenue. The Fire Department will use this structure for training. Ayes all. State Police Hold Harmless Agreement Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the Hold Harmless Agreement with the State Police for training at the Schenectady County Airport. Ayes all. Firefighters’ Training Agreement Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the firefighters’ training agreement with Caroll Auto to be used for training with the fire department bus. Ayes all. Commissioner Ron Kim said he would like to develop some type of generic hold harmless for these instances so that they can be signed without obtaining Council approval. Marilyn Rivers, Risk & Safety Manager, that a standardized form, reviewed by the City Attorney, could be developed. BST Valuation Contract Consultant (06-70) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the agreement with BST Valuation subject to the review of the City Attorney, Risk Management and the Accounts Department, for the PBA collective bargaining agreement. The funds will come from the Finance Department professional services line. The dollar amount is specified in the proposal. Ayes all. SUPERVISORS Supervisor Joanne Yepsen Page 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 VLT Revenue: Supervisor Joanne Yepsen reminded everyone that agriculture is the number one industry in the county and tourism is second. She then congratulated everyone on the success in receiving the VLT funds. This creates a lot of opportunity for the City. She said the City needs to look at the services it provides. Commissioner Thomas McTygue said this funding is good news for the City. He said though that it was generated from the harness track and VLTs. He informed everyone that the harness track would host the NYS Sires Stakes on September 16. The purses at the harness track on that evening will be as much as $1,000,000. Veterans Memorial Week: Supervisor Joanne Yepsen said the veterans moving wall will be in Malta from June 8-12. They will be looking for volunteers. Voting Machines/Open Meetings/Open Government: Supervisor Joanne Yepsen said the Saratoga County Board of Elections will sponsor an event at the Glens Falls Civic Center on the voting machines. She also noted that National Crime Victims week is coming up and the County will sponsor events. She will continue to hold her open meetings before the Council meetings. There will also be some green infrastructure workshops in the near future that are open to the public. Supervisor Cheryl Keyrouse Transportation Committee: Supervisor Cheryl Keyrouse said she is in the process of forming a Citizens Advisory Committee. This will be an aggressive committee meeting once a week. This committee will then offer information to the County Board of Supervisors. Child care initiative: Supervisor Cheryl Keyrouse said that Senator Bruno offered $1.1 million in child care aid this year, however the County turned the offer down. The Board of Supervisors believes that there is not a child care problem in the County. Geyser Road Bridge Bike Path: Supervisor Cheryl Keyrouse said this is an important issue. The bridge is now in the design phase. She asked the Council to support this concept. County Water Plan Update: Supervisor Cheryl Keyrouse said that public comment on the DEIS is due in three days. She said the Citizens Advisory Committee is trying to put together a referendum for the ballot in November on this matter. Future for Farms Conference: withdrew from discussion. Food Policy for Senior Citizens: Supervisor Cheryl Keyrouse said it was brought to her attention that seniors are unable to leave the Senior Citizens Center with desserts. She said apparently it is against the law. She spoke to Sandy Cross at the Saratoga County Office for the Aging and found no support from that office to allow seniors to leave the building with desserts. She will bring this matter up with the Board of Supervisors. She said that senior should be able to leave the center with their dessert if they are unable to eat it at meal time. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:10 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:10 p.m. Page 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 4, 2006 Respectfully submitted, Kathy Moran Clerk Approved: Page 12 of 12