City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL WORKSHOP MEETING CITY COUNCIL ROOM TUESDAY, MAY 2, 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 (arrived 5:50 p.m.) SUPERVISORS: Joanne Yepsen IZOD MEMBERS: Amy Durland Monte Franke, Chair Vilma Hermaia Sonny Bonacio Brad Birge, staff STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Nancy Ohlin, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Inclusionary Zoning Ordinance Mayor Valerie Keehn said this workshop was to discuss the financial impacts of the proposed Inclusionary Zoning Ordinance. There will be no questions from the public during this workshop. Monte Franke said the draft is the culmination of 14 months of work. They are looking for input and advice from the Council on this document. They worked hard at making this ordinance work for the City and they believe they have included enough circuit breakers within the ordinance. There needs to be more discussion on the administrative costs though. Sonny Bonacio said the existing zoning ordinance and this zoning ordinance clouds the density bonus matter a little bit more though. He said the existing zoning ordinance is not set up for this type of density bonus, so there would need to be a little more thought on that matter. Monte Franke said this ordinance is designed on incremental units. There are no public subsidies. If the City is not in the position to allow for incremental units, this model will not work. Under this ordinance, the Planning Board would have the opportunity to waive the requirements. Incremental units are the additional units that would not normally be approved in a project. If a project can build 20 units per zoning, the incremental units would be those additional units above the 20 that the inclusionary zoning ordinance would permit. Those units would have no additional land costs, thereby making the cost to construct those units less than the other market rate units. They are bonus units with not associated land costs. Commissioner Matthew McCabe asked what types of units are the bonus units. Monte Franke said the design of the bonus unit is left to the developer and architects. However, it could be a 1 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 duplex or carriage house or something smaller than the market rate units.. The exterior finish of the bonus units must match the market rate units. Sonny Bonacio said row houses may have a unit below the traditional row house unit. Mayor Valerie Keehn asked about the density bonus for a single family and what that unit may look like. Monte Franke said a single family unit could be turned into a duplex, the parcel could be reconfigured, lot lines could be changed or a carriage house could be added in the rear. He said it was up to the developer and architect to determine the best design. The bonus units must remain affordable. John Franck said he met with Brad Birge and Monte Franke and many of his questions had been answered. He asked if the salary of mid $40s for the administrative individual had included benefits. Brad Birge said yes. The mid $40s range looked at the range of skills (clerical, administrative and professional) and blended the rate to about $30/hour plus $11 for benefits. John Franck said the home value of $277,1125 in 2004 was at 100 percent assessed value. The rate has now dropped to 84 percent. Based on that numbers, he did not believe that $238,000 was a good number. Monte Franke said they used the data from NYS Office of Real Property Services. The median assessed value as of 2005 was $210,000. He said that admittedly, homes being sold are generally not typical of the market. More importantly, the issue was the assessed value of these bonus units relative to other properties. They wanted to be sure that people moving into these units do not have an unfair tax burden. John Franck said that in the projections it was noted that when bonus units reach 300, it would require another administrative person. Monte Franke said what requires that additional person is the amount of turnovers that will happen. He said they estimate a ten percent turnover rate. The City could consider charging a transfer fee to cover the cost of handling these transfers. John Franck said when we get to 300 bonus units and if there are not turnovers, the City could still likely have one administrative person. Monte Franke said that if there are no resales that would be true. He further clarified that senior staff at the City would handle review of the contracts and the administrative person would handle everything else. Sonny Bonacio said he spent a lot of time looking at the administrative costs. He said that transactions per real estate agent per year vary among companies, however, they are generally between 11 and 13. Real estate firms generally have a half time administrative person for each 25 transactions. He said the types of individuals who will purchase these bonus homes, will require more hand holding that experienced buyers. Other cities that have inclusionary zoning programs such as Yonkers, has a staff of 13 with 3 focused on just tracking the program. He said the City will also need to think about enforcement of this ordinance. He did not believe what was proposed was adequate staffing for this program. Commissioner Matthew McCabe asked about generating revenues through the transaction fees and other sources. Monte Franke said that revenue could be generated through selling a bonus unit at market value, the net proceeds then being recaptured and brought into the program and used for the administration of the ordinance. If there is a real concern with administrative costs, the City could keep one bonus unit to be sold at market rate each year to maintain that revenue source. The developer would be held harmless in these transactions. Commissioner Matthew McCabe said he wanted to be sure that there is no additional tax burden to current homeowners. Commissioner Matthew McCabe asked if there were any funds available from New York State for these types of programs. Brad Birge said yes, however, the City would then lose some control on the guidelines of the program. Brad Birge said there are programs available for people who are at 80 percent or below income guidelines. This program, however, focuses on those people who fall between 80 and 100 percent. Monte Franke said there are ways to include commercial development through linkage fees, however, the committee chose not to pursue that avenue. The City of Boston has the linkage fee to assist in lowering the costs to the 2 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 homeowners. Commissioner Matthew McCabe said he was somewhat concerned with these homeowners getting into the new home and then finding they could not pay the taxes. He pointed out that the largest portion of the tax bill is the school taxes. Brad Birge said their financial models take into account all of the local taxes and it still works for those individuals. Commissioner John Franck asked about releasing the bonus units for the market rate. Monte Franke said the bonus units could be released to the builder if an eligible buyer under this program is not identified within six months. He said if the unit is released to the developer for market rate the net proceeds would come back to the City for the program. Commissioner Matthew McCabe asked if there was discussion on homeowners renting their home. Monte Franke said they talked about monitoring renting, however, they were not anxious to monitor peoples lives. It is not the intent of this ordinance to allow for long term rentals. Commissioner John Franck asked specifically what was the City’s function in the transaction. Monte Franke said the homebuyer normally relies on the realtor. The City will not be acting as a realtor. The administrative person will develop a waiting list, maintain the list, certify income (using a three year average), residency, and work status; ensure that the new homeowners go through the homeownership counseling/training, etc. Commissioner Ron Kim asked how long someone stays on the list, noting that income could change. Monte Franke said the income certification will not be done until the unit is available. Potentially, someone could be on the list for a number of years. They will contact people periodically though to ensure their interest in staying on the list. Commissioner Ron Kim said he was more concerned with who is on the list and how the list is maintained. He said that there are many cases, where an individual may make little money at the beginning of their career, however, after a short period of time their salary could increase substantially. He asked how those types of instances would be monitored. There are many cases of rent control in New York City where the individuals living in the apartment make a lot of money, however, initially did not. Monte Franke said they did not review this by profession. He said it would likely take care of itself. When the salaries of these individual increase, they will likely want to move on to a larger home. Commissioner John Franck said he did not see too many people in the “workforce” housing level making this kind of money to be able to afford this kind of home. Monte Franke said it was unlikely that workforce housing individuals will be served through this program. Mayor Valerie Keehn said there are a lot of waiters/waitresses who would not be able to afford this much for a home. She said there are also a lot of school teachers, firefighters and city employees who would be able to fit the criteria for affordable housing according to the IZOD ordinance. Monte Franke reviewed the process. He said individuals will be taken from the top of list when units become available. They will be income certified, residency verified, mortgage qualified, take the classes and then offered a unit as they become available. At that point, the developer will meet with the individuals to determine if the unit meets their needs and then the sale would be made. City staff will prepare and review the legal documents, secure the City’s interest and coordinate closing. There are attorneys and lenders in the City who have expressed an interest in assisting these homebuyers. These individuals will be assisted throughout this entire process. He said though, that the individuals must also step up and take responsibility. He said they are becoming homeowners and should not require a lot of hand holding. 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Mayor Valerie Keehn thanked the IZOD committee for their presentation. She said that it might be possible that the Council and the Committee could get together again for further discussions. CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 2, 2006 6:00 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 Frank Dudla, Deputy Commissioner, DPS 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 6:00 p.m. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn to executive session at 6:00 p.m. to discuss litigation. Ayes all. Council members returned at 6:25 p.m. and reported that no action was taken. PUBLIC HEARING Congress Street Parking Commissioner Ron Kim said this is a proposed change to the City ordinance to allow for two hour parking on the south side of Congress Street. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Ethier Zoning Amendment – 303 Jefferson Street Mayor Valerie Keehn said this was a public hearing on a petition from Stephen Ethier for a zoning map amendment at 303 Jefferson Street. The proposal is to change the classification of a .22 acre parcel of land at 303 Jefferson Street from Urban Residential-2 (single family) to Urban Residential-4 (multi-family). This site is adjacent to the applicant’s property at 285 Jefferson Street, which the Council rezoned on September 20, 2005, from UR-2 to UR-4. The City Planning Board issued a favorable advisory opinion. Also on file is the required proof of notification. Mayor Valerie Keehn opened the public hearing. 4 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 John Carusone, attorney for the applicant, said Stephen Ethier just acquired this parcel in November. He said the applicant is preparing an offering plan to be presented to the Attorney General’s office is the very near future. Commissioner Matthew McCabe clarified that there will not be another separate building located on this parcel. John Carusone said the addition of this parcel simply gives the applicant a little more flexibility with the design of the project. Geoff Bornemann, City Planner, clarified said the addition of this parcel could allow the applicant to have three additional units. The existing deed restriction would require that one of those three be affordable. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Capital Budget Amendment Mayor Valerie Keehn opened the public hearing on the capital budget amendment. Bill McTygue said this was for the South Broadway project. He said it would be funded through federal, state and city funds. Commissioner Matthew McCabe said there needs to be some conversation between his office and DPW on this amendment. He said there are costs attached to amending the City bond. Bill McTygue clarified that this is for the 2006 capital budget. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Wilma Koss, 160 Kaydeross Park Road, said on October 18 the Council approved to proceed with making applications to the appropriate agencies for the Saratoga Lake Water Source project. That approval noted that the archaeological investigation had not yet been completed, however, it would be done before construction. Unfortunately, the City has notified the Spencers and Waters Edge that the City intends to conduct those archaeological investigations, prepare maps and do appraisals on their parcels before obtaining rights to the property. She said the city should not be taking private land that has not yet been determined there is a public need for. It should not have been done without discussing it with the Council. The Council should wait until all the facts are in before proceeding with the permitting process. The City should call for a moratorium on all further actions until the applications have been filed and acted upon. There should also be some comparisons to the county plan. David Bronner, 5 Royal Henley Court, said at the last meeting there was discussion on whether to forward the IZOD ordinance to the Planning Board. He said there were comments made attacking the opponents of this ordinance and it was unnecessary. He said he hoped those types of personal comments would be curtailed. David Bronner said yesterday the County put forth their proposed financial package for the County water project and hoped the County would forward that information to the City. There should also be some financial information on the City’s proposal. David Bronner said yesterday, the work that DPW was doing on Arrowhead Road was halted do to archaeological issues. He did not disagree that the digging needed to be done, however, it needed to be done correctly. There are archaeological procedures that needs to be followed. Mayor Valerie Keehn clarified that at the last public comment period the discussions on the IZOD ordinance went on for nearly an hour. She said her comments were in connection with the information on a web site that she believed was spreading misinformation. 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner Thomas McTygue said there are already existing utilities in Arrowhead Road. However, he agreed to stop the digging until the investigation could be done. Mark Lawton, 209 Nelson Avenue, Citizens for Affordable Taxes and Concerned Citizens for the Implementation of the Charter, acknowledged the hard work that had been done on the budget, but said there was still some way to go. It will take additional resources and personnel to develop the budget as directed by the charter. He appreciated the information distributed at the last Council meeting, however, it was difficult to read. The citizens need an understandable version of the budget. The citizens cannot understand the GAP or accrual methods. The report should be done on a cash basis. He had specific questions that he would submit in writing. Kyle York, 59 Railroad Place, said the County is proposing to set aside $15 million of it’s surplus for an interest free loan to the water project. They do not have an FEIS done yet. He said he was glad to see the City’s supervisors speak out against this proposal. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. DEPARTMENT OF PUBLIC WORKS Water – Barton & Loguidice Presentation Doug Ward, attorney, said the City has met with DEC, DOH and the Army Corps of Engineers on the Saratoga Lake water project. Because the City did not have access to some of the parcels, there were a few small gaps in the materials submitted for the permitting process. The agencies have asked for those gaps to be filled and the City is now doing so. The City is not looking to acquire this property at this time, they are just looking to get onto the parcel to do the archaeological work for the permitting process. Rich Straut, Barton & Loguidice, said late last year, the previous administration authorized DPW to continue with the permitting process for the Saratoga Lake water project. They are now working towards getting access to the parcels that they did not previously have access to. They need to do some soil borings along the proposed pipe line for the project. The City is now in the advance design stage with permit applications being submitted to DEC, DOH and the Army Corps of Engineers. Most of the existing applications revolve around the wetlands issues. The City will need to submit supplemental information on where the pipe lines will be constructed and how the wetlands will be restored. How the construction takes places near the intake is also being reviewed. The City has had productive meetings with the Army Corps of Engineers and DEC and he hoped that the permits would be secured within the next few months. Mayor Valerie Keehn said she would like to be kept apprised of the meetings between the City and the permitting agencies. Commissioner Thomas McTygue said he would do so. Rich Straut said the City’s financial package had been developed. The County’s financial package did have some holes in it though. The most recent material from the County increases the price by an additional 10 cents. He said the numbers in the County plan do not add up. There had been concerns expressed that the City’s numbers may be outdated. He said that inflation impacts all the numbers and they would all be adjusted accordingly. Commissioner Thomas McTygue said when appearing before the County, the public is not allowed to ask questions. The County has no business plan on how to pay or fund their water project. They are now proposing to use the County’s surplus. 6 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner Matthew McCabe said he was glad for the clarification this evening on the access to the private property matter. He said he read the letter to the property owners and it is for temporary access. He voted to move forward with the permitting process, however, the actual vote on whether to use Saratoga Lake was another vote. Commissioner Thomas McTygue said that he recently met with the sailing club on the water project. There was a lot of good discussion at that meeting. He said his office was willing to meet with any group on this matter. He would also meet with groups from other towns. Commissioner Ron Kim said the Council owes it to the residents of this City to condemn the proposal by the County to use the surplus for their water project. He said that those funds should be used for property tax relief. He said that it is clear based on some of the comments by some of the supervisors, that there is not solidarity on this matter. The county surplus should come back to the residents. He said the Council should consider a resolution this evening condemning the County for this proposal. Commissioner Matthew McCabe said that the County’s proposal was still at committee level and had not yet made it to the full Board for a vote. He said perhaps the Council should wait until it reaches the full Board before developing a resolution. Bill McTygue thanked the Council for the opportunity to update them on the water project. He said the good news is that the City is making process and is on track for a long term viable water solution. MAYOR’S OFFICE Board of Ethics Appointments - Announce Mayor Valerie Keehn said the Council adopted a new Code of Ethics at the April 11 meeting. City employees and officers will soon receive a copy of the code and it is also available on line. Mayor Valerie Keehn then announced the appointments of Al Serling, A.C. Riley, Christine Gillmett-Brown, Nicole Clark and Rick Fenton to the Ethics Board. Board of Ethics Appointments – Vote (06-79) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to appoint the following individuals to the Board of Ethics: Al Serling (term to expire on December 31, 2006) A.C. Riley (term to expire on December 31, 2007) Christine Gillmett-Brown (term to expire on December 31, 2008) Nicole Clark (term to expire on December 31, 2009) Rick Fenton (term to expire on December 31, 2010) Ayes all. Proclamation – Waveland, Mississippi (06-80) Mayor Valerie Keehn proposed that Waveland, Mississippi, be a sister city to Saratoga Springs. This will allow the good work of the citizens of this community to continue to be carried out. Ron Deutsch, Bruce Thompson and Sue Johnson appeared before the Council. Ron Deutsch, Board of Directors of the Giving Circle, said this about a community helping another community. Initially the efforts were lead by Mark Bertrand under the Cajun Christmas program. Under that program, gifts were sent to the Katrina ravaged area to ensure that children had a good Christmas. He said there is still a lot of devastation in this area and there is 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 still a lot more to be done. He said Waveland is a community of about 8,000 residents. Only about 40 percent of the residents have returned. Many are living in FEMA campers. Bruce Thompson said this is about networking. This proclamation will mobilize this community to help Waveland get through this devastation. He said people have been very generous in giving and supporting their efforts. Sue Johnson said she spent Easter break in Waveland and nothing prepared her for the devastation. The destruction of the area is unimaginable. The people who live there though are incredible. They are still living in FEMA trailers. They are barely surviving and not really living. People are living in their tents and cars and many are just plain homeless. FEMA is now trying to take the trailers away. She said that Saratoga Springs adopting Waveland will make a difference and she thanked the Mayor and Council members. Mark Bertrand said they need to construct homes and get these people out of the FEMA trailers. They need carpenters, electricians and plumbers. If anyone is interested in volunteering, they will be provided a place to stay and food. Waveland is about 50 miles from New Orleans. Mayor Valerie Keehn then read the following proclamation: Whereas, last year millions of our fellow Americans experienced the anguish and devastation of a hurricane season unlike any in recent history, and Whereas, throughout the turmoil, stories of tremendous heroism, generosity and compassion were heard each and every day, so many Saratogians were among those who rushed to give comfort and support to those in need, and Whereas, The Giving Circle, a local not for profit corporation whose members are dedicated to providing assistance to victims of disasters, has taken its operations to Waveland, Mississippi, a City recently devastated by Hurricane Katrina. Several volunteers from our City traveled to Waveland and initiated efforts ranging from rebuilding and clean-up to Easter Egg hunts for Waveland’s children. Of course, much remains to be done. To increase awareness of Waveland’s many current needs, the Giving Circle has proposed that our City recognize Waveland as a Sister City for the year 2006. Now, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join with my fellow Council members in declaring the City of Waveland, Mississippi, as a Sister City for 2006, and to urge our citizens to support the citizens of Waveland during the difficult months ahead. July Chamber Music Series – Donations Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept the donations from Geoffrey Ovington Violins for $100 and Dr. Ronald Winnie for $100 for the July Chamber Music Series. Ayes all. Design Review Commission Members – Length of Terms – City Code Amendment Mayor Valerie Keehn said that she was proposing that the City Code be amended to extend the terms from three to seven years for Design review Commissioner members. She said that she had hear from a number of people that the terms of those members should be consistent with the terms of the Planning Board and the Zoning Board of Appeals. She said that often it take a few years for Board members be get up to speed in their roles as Board members. She said that she was proposing that the terms be staggered as they are with the other Boards. 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 A public hearing was set for May 16 at 6:45 p.m. Waterfront Property Grant Application (06-81) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following 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, NOW, THEREFORE, the City Council of Saratoga Springs resolves that Valerie Keehn, as Mayor of the City of Saratoga Springs, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to Saratoga Springs for acquisition of the Waterfront Restaurant Property and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. The council further authorizes that the application forms be prepared and submitted by its consultant, Behan Planning Associates, LLC. Ayes all. Commissioner Matthew McCabe clarified that Behan Associates will apply for this grant for an amount not to exceed $3,500 which is covered under their existing contract. It was also noted that if the City is successful in obtaining this grant, there could be some restrictions on the use of the land. Geyser Park Playground Equipment – Donations Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the $3,500 donation from Stewart’s Shop for the playground equipment at Geyser Park. Ayes all. Fair Housing MOU Mayor Valerie Keehn said the City of Schenectady is applying to HUD for funding for a 2006 Capital Region Fair Housing Education and Outreach Initiative. If the funding is approved, the City of Schenectady Office of Community Development will assist the City’s Office of Community Development to enhance our fair housing education and outreach. She said she was requesting Council authorization to sign the MOU supporting this effort. There will be no cost to the City. Brad Birge said this is a regional application. 9 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner Ron Kim asked if the City had participated in this before. Brad Birge said no. Mayor Valerie Keehn said the City will provide satellite workspace for the Schenectady Office of Fair Housing within the City and the City will coordinate with the Schenectady Fair Housing Office to support outreach efforts and will participate in regional events through this initiative. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the MOU. Ayes all. Town Hall Meeting Mayor Valerie Keehn announced the next Town Hall meeting would be held on Saturday, June 3 from 9:30 a.m. to 11:00 a.m. at the Senior Center at 5 Williams Street. Recreation – School Bus Contract Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with the school district for bus transportation for Camp Saradac participants for their field trips and various activities throughout the summer. The contract has been reviewed by the City Attorney and the Risk & Safety Manager. Ayes all. ACCOUNTS DEPARTMENT Approval of minutes – April 11, 2006 Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the April 11 meeting minutes. Ayes all. Approval of Minutes – April 12, 2006 Commissioner John Franck moved and Mayor Valerie Keehn seconded to approve the April 12 meeting minutes with the correction of changing Tuesday to Wednesday on page one. Ayes all. Award of Bid – Commercial Duty Utility Service Body Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the commercial duty utility service body to T&T Sales, Inc., of Latham for $9,061 second low bidder (low bidder – Arrowhead Equipment – withdrew their bid). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid – Street Sweeper Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the street sweeper to William Clark Municipal Equipment Company of Rensselaer, for $137,960 (only bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. There is a trade in value of $12,000 on the existing piece street sweeper. The City will sell the old street sweep to the City of Amsterdam 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 for $12,000 rather than trade it in. The $12,000 will go into the account to offset the cost of the new street sweeper. Ayes all. Award of Precast Manholes, Catchbasins, etc. Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the precast manholes, catchbasins, drywells, frames and covers to both Pallette Stone and The Fort Miller Company, Inc. per their bids (based on product availability). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid – Granite Curbs Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for granite curbs to Williams Stone Company for $7,342 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid – Water & Sewer Pipe Fittings Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for water & sewer pipe fittings to Vellano Bros. of Latham for various prices (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. It was noted that the other company bidding on this material did not bid on all items. Ayes all. Award of Bid – Precast Curbing Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for precast curbing to The Fort Miller Company of Schuylerville for various prices (only bidder). This bid has been reviewed by the Purchasing Department and meetings Purchasing Guidelines. Ayes all. Catchbasin Riser Extension Rings Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the catch basin riser extension rings to East Jordan Iron Works of Michigan for $18,808 (only bidder). This bid was reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Printed Poly Bags Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Mayor Valerie Keehn seconded to award the bid for the printed poly bags to All American Poly of New Jersey for $140.17 per thousand (low bidder). This bid was reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Ethier Zoning Amendment – 303 Jefferson Street (06-82) 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner John Franck said that pursuant to the Council’s request of March 22, the Planning Board reviewed the proposed petition submitted by Stephen Ethier to change the zoning classification of a .22 acre parcel of land at 303 Jefferson Street from Urban Residential-2 to Urban Residential-4. The Planing Board reviewed the proposed map amendment at their April 4 meeting. Following that discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning UR-4 map amendment. 1. The Board believes that the proposed change in density is in accord with the Comprehensive Plan designation of this area of the community. The proposed zoning amendment would allow the density on this parcel to increase from approximately 1 home (6.6 units per acre) up to 3 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 compatible with an area designated on the Development Plan as High Density Residential-2 (HDR-2). This HDR-2 district permits a density of 10.0-15.0 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 intends to merge this parcel with the adjacent project which has a commitment to have a substantial portion of the units to be affordable. The Planning Board also encouraged the Council to proceed with the revisions to the City’s Comprehensive Plan so that these individual requests for zoning map amendments can be reviewed in a broader and more comprehensive context. In addition, the Planning Board supports this rezoning because the applicant intends to merge this parcel with the adjacent project which has a commitment to having a substantial portion of the units to be affordable. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to issue a negative SEQR determination and to approve the zoning map amendment to rezone the parcel from UR-2 to UR-4 as presented. Ayes all. Norstar Development – 46 Union Avenue Commissioner John Franck said that pursuant to the Council’s request of April 5, the Planning Board reviewed the proposed petition submitted by Norstar Development, LP, to change the zoning classification of a .95 acre parcel of land at 46 Union Avenue from Institutional- Educational to Urban Residential-4. The Planning Board reviewed the proposed map amendment at their April 26 meeting. Following the discussion the Planning Board voted 7-0 to issue a “favorable” advisory opinion on the proposed zoning UR-4 map amendment. 1. The Planning 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 of approximately 14 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 designation on the “Development Plan” as High Density Residential-2 (HDR-2). This HDR-2 district permits a density of a 10.0 – 15.0 units per acre. 2. The revised proposed UR-4 designation of this site is in accord with the existing zoning ordinance because the UR-4 zoning designation already exists in the zoning ordinance. 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Therefore, Commissioner John Franck requested a public hearing be set for Tuesday, June 6, at 6:50 p.m. on this zoning amendment application. Grievance Process Commissioner John Franck said this year, in an effort to improve openness in the assessment process, he said that a class would be scheduled to inform the public on how to grieve their assessment. Based on feedback, he is working with the public to make the process of filing a grievance open and easy to navigate. Our office will be conducting a class on how to grieve your assessment. This class will take place on Thursday May 11 from 7-9pm in the Community Room of the Public Library. There will be an overview of the grievance process, review of the grievance form, collateral materials, and how to use the on-line program to research your property. Other important information for the public includes:  2006 Tentative roll was filed on May 1, 2006  Grievance applications are available in the assessors office  Grievance Day is May 23rd  BAR hours are; 10am-12 PM, 1-4:30 PM, 7-9 PM  Grievance instructions are available in the assessor’s office or on-line through a link on the City’s website  The Assessor or a Designee will be in attendance with the assessment roll 5/4 12-4pm 5/6 (Saturday) 12-4pm 5/9 9am to 1pm 5/18 5pm to 9pm Loughberry Lake Dam Safety Initiative Commissioner John Franck said the Safety Committee members recently completed the Loughberry Lake Dam Safety Plan. More specifically, Sgt. Jack King, Paul Male – City Engineer, Tom Kirkpatrick – Chief Water Treatment Operator, Bill McTygue and Marilyn Rivers utilized inundation studies provided by Barton & Loguidice and topographical survey information provided by Scott Palmer to develop comprehensive community outreach. A copy of the plan will be on file for public viewing in the Accounts Department and Public Works Department. The Safety Committee will sponsor a Community Outreach educational session at the library in the coming weeks to further outline and discuss the plan. Marilyn Rivers said the Safety Committee began talking about dam safety last year. She said Sgt. Jack King works with many outside agencies and he brings that knowledge to the Safety Committee each month. The dam safety program is part of a larger safety plan. They plan to hold the first public outreach meeting with affected property owners on May 17 in the Music Hall. Additional meetings will be held as necessary. There will be an information packet going out these the 93 property owners in this area. Sgt. Jack King said on July 2, 2005, the Hadlock Pond dam failed. Insurance companies then expressed an interest in dam safety. There are eight dams in the City and the City owns two of them. Loughberry Lake holds approximately 260 mg of water. To top the dam it would take 385 mg. He then displayed a map of the areas that would be impacted should the dam break. He said DPW paid the $2,000 required for the mapping for this plan. The water would pool in the Spring Valley area should the dam totally fail. At this point, there is no indication that there is a problem with the dam. The dam was inspected in May 2005 and they found it to be in good shape and dry. He said this dam safety program was an informational program so that property owners can learn how they could be impacted should the dam fail. 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Mayor Valerie Keehn thanked the Safety Committee and the subcommittee for all of their work on this matter. Sgt. Jack King said this area of the City has changed over the years and there are now residences in this area. Those people need to be protected. Commissioner Thomas McTygue said he was glad to see that the City has individuals inside of City Hall that could do this type of work. FINANCE OFFICE Payrolls – Approval Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: April 14, 2006 - $354,581.10; April 21, 2006 - $375,955.80 and April 28, 2006 - $354,327.70. Ayes all. Warrants – Approval Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2006 Regular Warrant 5/2/06 1MAY06 $ 911,328.54 2006 Mini Warrant 4/19/06 MC1APR06 $ 210,260.25 2006 Mini Warrant 4/26/06 MC2APR06 $ 34,961.74 Ayes all. Transfers – Payroll – Approval 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. Transfers – Regular – Approval Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers regular as presented (Attachment B). These transfers have met the transfer guidelines. Ayes all. Amendments – Approval Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as presented (Attachment C). These amendments have met the amendment guidelines. Ayes all. First Quarter 2006 Report Commissioner Matthew McCabe said the first quarter financial report was submitted to the City Clerk’s Office on May 2. It is also available in the Finance Department for review. Revenues and expenditures are on target. He would not be looking to hire additional staff. He had faith that existing staff could handle the work load in meeting the charter requirements. He also noted that he was using the numbers from Albany and not the newspapers on the VLT revenues. He said the dollar amount was closer to $2.5 million and not the $3 and $4 as shown in the newspapers. 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Sales Tax Exemption (06-83) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to add the sales tax exemption matter to his agenda. Ayes all. Commissioner Matthew McCabe said he recently received a letter from the state concerning the year round sales tax exemption for items under $100. He said the Council needs to adopt a resolution by May 15 on whether the City wants to participate in the round exemption. He said the one week exemption program is no longer available. The program is now a year round exemption. He recommended that the City not participate in the year round exemption. Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to not participate in the year round sales tax exemption program at this time. Ayes all. Commissioner Ron Kim said at some point there needs to be some consideration as to what surrounding municipalities are doing with their sales tax. He said it needs to be continually monitored. He said if the other counties choose to opt into this exemption, then we may need to consider doing so. Commissioner Matthew McCabe agreed that we need to monitor this exemption. Commissioner John Franck said that he was somewhat concerned on what might happen if Saratoga County chooses to opt into this exemption. Commissioner Matthew McCabe said the City will have the ability to consider this exemption again in the fall. Supervisors Joanne Yepsen and Cheryl Keyrouse said there have been no discussions at the County on opting into this sales tax exemption. DEPARTMENT OF PUBLIC WORKS Water – Barton & Loguidice Previously discussed. Supervisor Cheryl Keyrouse said that the County Water Committee recently voted to approve $86,525 for the preparation of easement documents for their county want plan. There is also a plan to approve the loan of $15 million from the County surplus to this project with a 40 year term at zero percent interest. She said the County will receive $10 million from Congressman John Sweeney, $10 million from Senator Joseph Bruno and another $10 million from another source. All of the contracts must be signed before the water authority will be loaned the $15 million. The proposal is for the users to pay the debt, however, there are not yet enough users to do so. She also noted that Clifton Park is requesting four of the seven appointments to the Water Authority. Supervisor Joanne Yepsen said there are many unanswered questions. She encouraged everyone to attend these meetings. She said City residents will not benefit from this loan to the water authority. She reminded everyone that this $15 million loan is half of the County’s surplus. The vote on this matter will come to the full board at their May 16 meeting. She said she suspected that both she and Cheryl Keyrouse would be the only supervisors to vote against this proposal. Commissioner Ron Kim said that his earlier suggestion of offering a resolution condemning this proposal was still an option. He said these funds should be used for property tax relief or contingency matters. He said it’s important for the City to make a statement that we do not support the lending of this money to the authority. 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner Matthew McCabe agreed but said he would rather not craft a document at the table condemning this action. He suggested that it be brought back to the Council. Commissioner Thomas McTygue said the City’s supervisors should be congratulated on speaking out against this water project. He said it’s unfortunate that the public is not able to speak out at the County meetings. He said though that there is a crack in the Supervisors. The Town of Clifton Park Supervisors want control of the authority. He said that would be just great for City residents reminding them that the Town of Clifton Park users pay six times the rate that City residents pay for water. He said this is not a political issue. City residents do not want the County controlling their water. He said the Supervisors should not allow the lending of this money in an interest fee loan and he would ask Doug Ward to look into that proposal. Water Treatment Plant Tours Commissioner Thomas McTygue said that the Water Treatment Plant has hosted many tours of the plant in the past year. Groups requesting tours have ranged from scouts, to college students to senior citizens. He said any group wishing a tour should contact Tom Kirkpatrick. They are currently installing a state of the art ultra violet disinfection system. He encouraged groups to take a tour. Sale of Street Sweeper Commissioner Thomas McTygue said earlier tonight there was an award of bid for a new street sweeper. He said they had originally thought they would trade in the old sweeper and there was an offer of $12,000 for a trade in allowance. However, the City of Amsterdam has requested to purchase the old sweeper. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve selling the old sweeper to the City of Amsterdam for $12,000. Ayes all. Compost Fee Change (06-84) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded the fee change for compost as follows: price of 2 yards for pick up $25.50, 7 yards delivered in the City to $96.25 and out of town delivered to $124.25. Ayes all. Commissioner Thomas McTygue said that the City just recently sold 1,600 cubic yards of compost to the Town of Moreau. Wind Energy Certificate Commissioner Thomas McTygue said that the City recently received a nice certificate from Community Energy for participation in the Wind Energy Program. During 2005, the City purchased 2,900 million kilowatts of wind generated electricity. This program benefits the environment. The City’s contribution combined with 15,000 other New York businesses has the estimated environmental benefit of not driving 47 million miles or planting more than 3.5 million trees. Campion Lane Curbing Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract with the homeowners on Campion Lane for curbing around the cul-de-sac at a cost of $3,500. DPW crews will do the work. Ayes all. 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Benches – Donations Commissioner Thomas McTygue moved and Commission John Franck seconded to accept the donation of benches in memory of Broadway Betty, Ralph Deuel, John Natale and Marlene Gasser. The cost of the benches is approximately $1,200 and once purchased they become the property of the City. Ayes all. DEPARTMENT OF PUBLIC SAFETY Clinton and Vermont Streets – Stop Sign Commissioner Ron Kim requested a public hearing be set for May 16 at 6:40 p.m. on a stop sign at the intersection of Clinton and Vermont Streets. Address Changes - 911 Commissioner Ron Kim requested that a public hearing be set for May 16 at 6:25 p.m. on 911 address changes. Noise Barrier Wedgewood Drive/Roberts Lane Neighborhood Commissioner Ron Kim withdrew this item from discussion. Congress Street – Two Hour Parking (06-85) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded the following: An Ordinance to Amend Chapter 225 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. Section 225 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic” is hereby amended to read: Section 225-87 is amended to add the following to Schedule XXII: TIME LIMIT PARKING: Time Limit Name of Street Side Hours/Days Location Congress Street south 2 hours Between Congress Place and Hamilton Street SECTION 3. 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. Parking Amnesty Program 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 Commissioner Ron Kim said the parking amnesty program brought in $13,550 in parking ticket revenue. He said he was now ready to move to the bidding phase of this process whereby a debt collector will be hired to collect on the remaining parking tickets. Live Scan Fingerprint System Grant Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the grant extension for the Livescan Store and Forward Expansion through September 30,2006. There is no cost to the City. Ayes all. Saratoga Kennel Club Donation Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to accept the donation from the Saratoga NY Kennel Club in the amount of $1,500 for the K-9 Unit. Ayes all. Avian Flu Committee Commissioner Ron Kim announced the formation of a pandemic flu committee to address the possibility of a pandemic flu virus. He said this will be incorporated into the City’s Emergency Preparedness Plan. Members of the committee will include the police department, fire department, Saratoga EMS, Saratoga Hospital and the Saratoga County Public Health Nurses. The charge to the committee is to review the emergency plan and update it in connection with a pandemic flu. There will then be public presentations on this matter. He will report back to the Council on their progress. He asked that if Commissioners had names of other individuals who may be interested in participating in this committee to forward him the names. Police Officer Recognition Commissioner Ron Kim said through normal police patrols, Police Officer Rich Arpey identified drug sales taking place on Broadway during the day. Both he and Police Officer Sean Briscoe continued with an undercover investigation which resulted in the arrest of the suspects. He said this type of police surveillance and action shows the police department’s dedication to the City. He publicly thanked them for their excellent police work. SUPERVISORS Cheryl Keyrouse Water committee: Previously discussed. Avian Flu: Cheryl Keyrouse asked that information on the pandemic flu be shared with her so that she could share with the County. Other: Cheryl Keyrouse reviewed with Council members some of the recently adopted resolutions by the County including: National Nursing Home Week, authorizing insurance coverage and amending the budget, local law on regulating the residency of sex offenders, and auction sale of county owned lands. She said that she would continue to keep the Council updated on items such as these. Joanne Yepsen 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 2, 2006 County Directory: Supervisor Joanne Yepsen said the Saratoga County Directory is now available. Cheryl Keyrouse noted that her phone number was incorrect in the directory. Emergency Preparedness Committee: Joanne Yepsen said the County has an Emergency Preparedness Committee that meets monthly and they deal with things such as the Avian Flu. There are 30 members on this committee including public health, sheriff’s department, Skidmore, etc. She said the Avian Flu is not the same as a pandemic flu. She said this was an opportunity for both the City and the County to work together. Grant Program: Joanne Yepsen said there will be a formal training program offered on researching and writing grants. It will be a ten hour class offered on May 12 and 13. There will be about 20 attendees. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:15 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:15 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 19