City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, NOVEMBER 21, 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 Keyrouze Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney EXECUTIVE SESSION Mayor Valerie Keehn called the meeting to order and adjourned to executive session at 6:15 p.m. for discussions on proposed acquisition open space properties and legal representation in DPS. Council members returned at 6:50 p.m. PUBLIC HEARINGS Capital Budget Amendment Commissioner Thomas McTygue said this public hearing was for the Church Street parking deck sprinkler system. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Street Naming & Numbers Commissioner Thomas McTygue said this was a proposed amendment to the street naming and numbering ordinance to include several streets – Gatewood Drive, Stonewood Drive and Longwood Drive – and to remove Dyer Lane (Private). Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Varano Zoning Amendment Commissioner John Franck said this was a public hearing on the proposed zoning amendment for 478-515 Crescent Avenue from RR-1 to SR-2. Both the City and the County Planning Boards have issued favorable advisory opinions. He said if there were concerns by Council members, he would be willing to hold this item and vote at the next Council meeting. Mayor Valerie Keehn opened the public hearing. Wilma Koss, 160 Kaydeross Park Road, President of the Saratoga Lake Association, opposed the proposed zoning amendment. She said there are currently no sewer hookups being allowed in this area and the proposed size lot at 1/2 acre was too small for septic systems. She said if septic systems fail in this area, because it is in the watershed area, it could be of great concern. She requested that this matter be tabled and revisited when the County allows sewer hookups and when the City’s master plan is reviewed. 1 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Commissioner Matthew McCabe clarified that this was 11 lots. Lisa Varano said that currently 9 of the 11 lots do not conform to the RR1 zoning. Nearly all are slightly less or slightly over 1/2 acre. Dana Serbalik, 487 Crescent Avenue, said that while she supported this proposed zoning amendment, she asked for clarification on City policy allowing homeowners in this area to tie into the County sewer system. She said her septic system has failed and she has not been able to obtain a building permit from the City to install a new septic system nor has the County allowed her to tie into the county system. She has been trying to resolve this with the City for several months now. Commissioner Thomas McTygue said the county sewer line that runs in this area is undersized. Bill McTygue, Director of Public Works, said he recently met with the County Sewer District Representatives to discuss the status of these types of problems in this area of the City. There are discussions with the County on whether the County will allow any further hookups in this area. At this time the County is reviewing hookups on a case by case basis for individual homeowners. They are not allowing any new subdivisions though. He said the City could assist Dana Serbalik in her quest to tie into the County sewer line if she so desired. The larger issue was though that it comes back to the Council for their decision on a policy relative to new subdivisions in that area. There are various options leading up to a building moratorium. Mayor Valerie Keehn said the letter from the Planning Board offered some recommendations regarding a building moratorium; however, that particular issue was not on the agenda for discussion. She said though that it does deserve attention by the Council. Commissioner Thomas McTygue asked Dana Serbalik if she wanted to be hooked up to the County sewer system and if so, DPW could assist her. He said if she has a faulty septic system, she does need to do something. Dana Serbalik said this particular area of the City is ideal for septic systems. However, when she applied for a permit from the City’s building department, she was told that she would need and engineering study. She said to tie into the County’s system is costly. Commissioner Thomas McTygue said that DPW could assist her if she wanted to tie into the County’s system and she should contact his department. Dana Serbalik said at this time she just wanted the Council to know that she supported this proposal. She pointed out that if this proposal goes through, it could be possible for her to subdivide her parcel. Commissioner Matthew McCabe said this is a nonconforming lot that is grandfathered and suggested that a home could be constructed on this lot without this zoning amendment. Lisa Varano said it was a substandard lot and not buildable. It was agreed to hold the public hearing open. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:55 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the meeting for public comment. David Bronner, 5 Royal Henley Court, said the charter referendum was defeated 40-60. Those numbers show that there was substantial support by the residents. The charter issue should be pursued; however, it should be done over a longer period of time with multiple public hearings and input from the residents. He supports reviewing this again. He suggested that a charter commission be formed. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. EXECUTIVE SESSION 2 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Mayor Valerie Keehn reported that there was no decision made on the open space discussion and the legal representation matter will be added to the DPS agenda. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 1. November 7 & 8, 2006 meeting minutes. 2. Award of Bid – 2007 HVAC Service Contract City Center – Technical Building Service, $8,600 3. Payrolls: Payroll of November 10, 2006 - $376,320 .91 Payroll of Novemb er 17, 2006 - $484,131.60 4. Warrants: Mid MC2NOV06 $ 44,633.06 – posted 11/15/06 General 2NOV06 $584,618.67 -- posted 11/20/06 5. Budget Transfers – Payroll (Attachment A) 6. Budget Transfers – Social Security (Attachment B) 7. Budget Transfers – Hospitalization/vision Insurance (Attachment C) 8. Budget Transfers – Regular (Attachment D) 9. Budget Amendments (Attachment E) Ayes all. MAYOR’S DEPARTMENT Ad Hoc Racing Committee Statement Mayor Valerie Keehn said the NYS Ad Hoc Committee on Racing recently made a recommendation on its proposals. She said it was a pleasure to serve on that committee which has met over the last year with many public hearings and open forums. The committee has recommended that Excelsior Racing replace NYRA at the three tracks. This is a non-binding recommendation. It was their belief though that racing would be better served if their recommendation was followed. There could be many infrastructure improvements that come along with selecting this corporation. The RFPs will be made available to the public as soon as possible. She said she was proud to have served on this committee. Pool Table Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the purchase of a used pool table in the amount of $200 for the recreation department. The funds are within their budget. Ayes all. City Center Code of Ethics Mark Baker submitted to the Council the City Center’s Code of Ethics. He said some time ago, the Council asked the City Center Authority and they agreed to develop a code of ethics. With the finalization of this document, they are now in compliance with the NYS Public Authorities Act of 2005. The City Center Code of Ethics was modeled after the City’s. In addition to this code of ethics, more than half of their Board members have attended the necessary training and the remainder will do so in the near future. That will bring them in compliance with those regulations as well. Mayor Valerie Keehn thanked Mark Baker and the Board for developing this Code of Ethics. Legal Services Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve payment of a bill in the amount of $3,188.55 to Roemer, Wallens and Mineaux in connection with the Castell v. City of Saratoga Springs matter. The money will come from the 2006 Finance budget. Ayes all. 3 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Design Review Commission – Appointment (06-195) Mayor Valerie Keehn announced the appointment of Amanda Hiller to the Design Review Commission replacing Jason Tommell. Her term will expire on April 7, 2008. Planning Board – Reappointment (06-196) Mayor Valerie Keehn announced the reappointment of Jamin Totino to the Planning Board with his term to expire on December 31, 2013. Increase Attorney’s Fees Cap for Dreyer Litigation Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to increase the insurance cap from $5,000 to $8,000 in connection with the Dreyer case and to place a cap on the Article 78 matter in the amount of $3,000 over what will be billed to date in 2006 and is to be paid out of the self insurance fund for 2006. Ayes all. ACCOUNTS DEPARTMENT Varano Zoning Amendment Commissioner John Franck said that pursuant to the Council’s request of September 6, 2006, the Planning Board reviewed the proposed petition submitted by Lisa Varano to change the zoning classification of 6.6 acres involving 11 parcels at 478-515 Crescent Avenue from Rural Residential-1 to Suburban Residential-2. The Planning Board reviewed the proposed map amendment at their October 4, 2006, meeting. Following the discussion, the Planning Board voted 4-3 to issue a “favorable” advisory opinion on the proposed SR-2 zoning map amendment. 1. The Planning Board believed 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 2.0 units per acre. The Comprehensive Plan designation for this Saratoga plateau/Crescent Avenue area is MDR-1 which permits densities of 1.0 to 3.5 units per acre. Therefore, the proposed SR-2 zoning (which permits 2.0 units per acre) is compatible with the MDR-1 designation. 2. The revised proposed SR-2 designation for this site is in accord with the existing zoning ordinance because the SR-2 zoning designation already exists in the zoning ordinance. As part of its review, the Planning Board reviewed the characteristics of the parcels proposed for the rezoning at: 478, 490, 494, 498, 504, 502, 504, 506, 508, 510 & 516 Crescent Avenue. If rezoning is adopted, new residential buildings or additions would not likely need approvals from the City’s land use board. The zoning change would make 7 of the 11 properties conforming. Two of the 4 non-conforming lots would not be buildable under any zoning. There are 7 existing single family homes in the area affected by the zoning. The zoning change would in theory allow for the subdivision of 2 of the existing 11 lots, which might result in the construction of 2 additional single family homes. These lots on Crescent Avenue have access to City water. These lots may have access of the sanitary sewer force main that runs along Crescent Avenue. However, the current policy of the County Sewer District is not to allow any new connections. The soils are sandy in this area and suitable for on-site septic systems. In the past years, there have been four applications to the Zoning Board of Appeals for area variances. The Board examined alternative zoning solutions for these properties. One option would be to keep the RR-1 zoning which requires all lots to be 2.0 acres in size. Under this motion, 10 of the 11 lots would remain non-conforming. The Board also looked at the alternatives of changing the zoning to SR-1 which would require all lots to be 1.0 acres in size. Under this motion 9 of the 11 lots would remain non-conforming. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and to amend the zoning classification from Rural Residential-1 to Suburban Residential-2. 4 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Commissioner Ron Kim said he was concerned that the Planning Board voted 4-3 on this matter. He said he would like more documentation from the Planning Board explaining that decision. Mayor Valerie Keehn agreed that there were some questionable areas. Unfortunately Geoff Bornemann was not able to attend the meeting this evening to address these matters. Given the questions on the sewer hook up, moratorium, and review of the comprehensive plan she suggested that the Council not take action this evening. Commissioner Ron Kim said because this project had already appeared before the Zoning Board of Appeals, it appeared that it would need a zoning variance as well. Commissioner Thomas McTygue suggested the Council members who had questions, should contact Geoff Bornemann for clarification. Commissioner Matthew McCabe said the applicant had appeared before the Zoning Board of Appeals on February 27, 2006, and did not receive an approval to move ahead with the project. Commissioner John Franck said the Planning Board had questions with this project. He said if Council members did not want to vote this evening, the matter could be tabled. Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to table the motion. Ayes all. Authorization to engage Christopher Watt for Professional Services Commissioner John Franck moved and Commissioner Ron Kim seconded to retain Christopher Watt for labor related matters in the amount of $140/hour not to exceed $500 with the funds to come from the Finance Department. Ayes all. FINANCE DEPARTMENT Budget Transfers – General Fund Contingency Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers – general fund contingency in the amount of $146,960 for the recent settlement in the police contracts. This leaves $332 remaining in the contingency fund (Attachment F) . Ayes all. Communication Consulting Contract Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Communication Consulting Services for an audit of the City ’s telephone bills. Commissioner Matthew McCabe said the City had an audit of telephone bills about five years ago and savings of $10,000 was found. Under this contract, the firm will retain 50 percent of the savings with the remaining 50 percent to go to the City. All future savings will go to the City. Ayes all. NYRA Contract regarding perimeter parking lot for use during Victorian Streetwalk Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract with NYRA for the use of their parking lot during the Victorian Streetwalk, contingent upon the review of the City Attorney. He said the insurance requirements had been met. He noted that there was no money involved in this contract. Commissioner Ron Kim said now that NYRA is in bankruptcy, this contract would need to be run through the bankruptcy courts. Commissioner Matthew McCabe moved and Commissioner John Franck seconded to amend the motion to include the review by the bankruptcy courts. Ayes all on amendment . Ayes all. Software Support Agreement with Xonitek Systems 5 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Xonitek Systems for maintenance and support of software. The contract will run from January 1, 2007, through December 31, 2007. The contract is contingent upon the review the City Attorney. He noted that if the contract was paid by the end of November the City will receive a discount. The funds are within the Finance Department budget. Ayes all. DEPARTMENTOF PUBLIC WORKS Official Street List Commissioner Thomas McTygue withdrew this item from discussion. Transfer Money into Capital Account and hire LeChase Construction to install sprinkler system Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the following: 1) 2006 capital budget amendment to the Church Street parking deck project in the amount of $55,000 to install a sprinkler system; 2) approve to use interest on the bond proceeds account to fund this amendment and 3) approve change order #9 for the LeChase Construction company to install the sprinkler in parking garage in the amount of $67,754. Ayes all. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the following: 1) hire Boyce and Drake in connection with the installation of the sprinkler, 2) hire Glen Davis for work in connection with the installation of the sprinkler, 3) waive the bid for Boyce and Drake not to exceed $4,900 and 4) waive the bid for Glen Davis work not to exceed $2,000. Ayes all. Labor Attorney services Commissioner Thomas McTygue withdrew this item from discussion. DEPARTMENT OF PUBLIC SAFETY Independent Contract to provide care for Police Mounted Patrol Commissioner Ron Kim withdrew this item from discussion. Legal Representation Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to add to the agenda, the approval of Chris Watt to provide legal representation for DPS. Roll call vote: ayes all. Commissioner Ron Kim moved and Mayor Valerie Keehn seconded that Chris Watt be retained for DPS services to include the firefighter contract and other labor related matters for 2006 in an amount not to exceed $5,400. Ayes all. NIMS Training Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to add the NIMS Training item to the agenda. Ayes all. Commissioner Ron Kim said he had previously brought this matter before the Council. Homeland Security has required municipalities to complete the training by December 31, 2006. The City is ahead of other municipalities. Some employees have completed the training. His department is setting up training for the first few weeks in December at the Lake Avenue School. For most employees, there will be two classes that will last between three and four hours on the computer. Supervisors and other management staff will require an additional two courses. Marcy Brydges will be contacting departments to make arrangements for this training. He said that for those employees who are fluent on computers, they may choose to take the class on their own time. He said it was his desire that all employees be trained by the end of December. Commissioner Thomas McTygue said that everyone in his department was trained. 6 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 SUPERVISORS Joanne Yepsen County 2007 Budget: The County budget public hearing is set for November 29. Some of the highlights of their budget include funding for many not-for-profit agencies in the City such as – Literacy Volunteers, SPAC, Cornell Cooperative Extension, SCAC, Friends of the Kaydeross, etc. She also noted that the County will repeal their ordinance on the gas tax that was put into effect in June. Those savings will fold into the property tax relief for homeowners. Property Tax Relief for Land Conservation and Comprehensive Planning: There will be a land conservation workshop meeting on November 28 from 12:00 to 1:00 p.m. at Saratoga Plan. Water Project Financial Services: The County Water Authority reviewed four RFPs and has recommended hiring Environmental Capital, LLC, from New York City. This firm will offer financial advice to the Board of Supervisors on the water project. She said she hoped that there could be a way to avoid the $15 million loan to the fund. County Green Infrastructure Plan: The County’s Green Infrastructure Plan was approved by the Board of Supervisors today. It is the culmination of a year long project which encourages the protection of green space. Now the plan needs to be funded and she hoped that would be done through the $34 million surplus. Saratoga Springs Deceased Veterans: There was a very nice ceremony held at the County complex honoring two City of Saratoga Springs residents Arthur and Elizabeth Armstrong. Cheryl Keyrouze Saratoga County Economic Opportunity Council: Cheryl Keyrouze reported that she had been appointed to the EOC Board. Saratoga County Deceased Veterans Honors: Cheryl Keyrouze said that she recently visited with the children of Arthur & Elizabeth Armstrong. They both served in the Army. Arthur was injured and Elizabeth nursed him back to health and they were then married. Arthur received the bronze star and the Purple Heart. Both were well known and well liked throughout City hall. She thanked Skip Sirocco for nominating this couple. County Budget: The County will hold their public hearing on the budget on November 29 at 5:30. This is a $225 million budget. There are grants for many not-for-profit agencies within the City including the Red Cross, Universal Preservation Hall, Saratoga Plan, Planned Parenthood, the History Museum, etc. The County will repeal the gas tax program that was instituted during the summer. The savings amounts to $10 per homeowner based on a $200,000 home. She said that savings could have had a better use than reducing taxes. She reminded everyone that the County as a $36 million surplus. Charter Revision: Cheryl Keyrouze said whenever commissions such as the Charter Review Commissioner meets, there are notes that then become part of history. It is easy to learn from our mistakes and she wondered why we are seeing the same mistakes made again and again. She did not support the recent charter revision. She suggested that officials look at where we have been before moving forward on this project again. Storm Water Management: She asked that a presentation on storm water management be held at the January 16, 2007, Council meeting. Commissioner Thomas McTygue said before doing this presentation perhaps it should be discussed elsewhere. Cheryl Keyrouze said they were considering doing a presentation at the library. However, she wanted to make Council members aware of this matter. American Red Cross: The American Red Cross will hold a presentation at the library in the near future at which she will be a part of. 7 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 21, 2006 Route 50 meeting: The meeting scheduled for Monday with Assemblyman Roy McDonald has been cancelled. When it has been rescheduled, she will inform all parties. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 8:10 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 8:10 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 8 of 8