City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM MONDAY, NOVEMBER 10, 2008 7:20 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Johnson called the meeting to order at 7:22 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Johnson opened the public comment period at 7:22 p.m. Phil Diamond of 29 Waterview Drive stated he had general comments regarding the budget, costs and income for 2009. We are probably not going to get the VLT money. We can talk about providing services such as fire, police, and roads to try to get some money. We need to try to keep the tax increase at 2.7%. People are hurting and might lose their jobs. Also, in regard to the RFPs for the High Rock Lots development, we can tell the vendors what we want and expect. We can proposed some of the benefits we want to see such as income and working with them on what we want to build. We could combine the recreation center with the development of the High Rock lots. He believes the builders would work with us. The property is worth a good amount of money. Also, the recreation center is important and shouldn’t balance the budget on the back of the kids. The kids should have a place to go, play and enjoy themselves. Bill Mirabile of 14 Vanderbilt Avenue understands there has been approval to purchase property on Vanderbilt Avenue. He understands that the Mayor and other people have said this is to increase the greens space for the recreation center. The proposal is to pave over 2 acres of parkland and you are spending $150,000 on .25 acre parcel. The logic escapes him. He said he is really here to talk about the City Council Meeting 11/10/08 FOIL (Freedom of Information Law). He is part of a group called Friends of Southside Park and are against the recreation center at the proposed location. The motivation for this location is to save money. His attorney sent a letter to Mr. Scala, City Attorney on 10/14/08 with a list of documents requested. (a copy of the letter was entered into the record) State law requires acknowledgement of receipt of request in 5 days. Another letter was sent to him 14 days later with a quote from the FOIL and he quoted: “…within five business days of the receipt of a written request for a record reasonably described shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgment of the receipt of such request and a stated of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied…“. They have nothing. He is wondering where their response is and when they will see a response. Mayor Johnson closed the public comment period at 7:26 p.m. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda . Commissioner Franck listed the following individuals as being appointed as Commissioner of Deeds: Jason Tetu, Robert Wilson, Edward Braim, Richard Arpei, Marilyn Rivers, Margaret Brydges, Michael Chouske, John Barney, Christopher Kuznia, Linda Quattrini, John Catone, Edward Lewis, Lisa Ribis, Stephani Voigt, and Michael Biss. This is done quarterly and expires in 2 years. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: City Council as Lead Agency and Planning Board as Involved Agency for SEQRA on Indoor Recreation Facility (08-214) Mayor Johnson moved and Commissioner Ivins seconded the City Council as lead agency and the Planning Board as an involved agency for SEQRA on the indoor recreation facility. Mayor Johnson stated this is a clarification regarding lead agency status. On the project known as the Indoor Recreation Facility, this City Council was previously designated the lead agency for State Environmental Quality Review (known for short as SEQRA) purposes and review. At the City Council meeting of October 21, 2008, this Council voted to send this project to the Planning Board for site plan review, thereby making the Planning Board an involved agency for SEQRA purposes. This project’s classification under SEQRA may be a Type 1 action. The classification of a project determines the scope of review undertaken, whether it need be a coordinated review and what form, be it short or long form, should be utilized for the Environmental Assessment by the lead agency. The actual classification of this project is less important since we have already invoked coordinated review by sending this to the Planning Board and have already undertaken and committed to environmental assessment utilizing the Full Environmental Assessment form, otherwise known as the long form. For the purposes of tonight’s meeting and to clarify SEQRA status, I move the Council to adopt the following resolution: 1. The City Council will seek to retain its status as lead agency for the SEQRA determination; 2. The Planning Board is identified as and designated an involved agency for SEQRA purposes; 3. The City Council will notify the Planning Board of its status as an involved agency; and Page 2 of 4 City Council Meeting 11/10/08 4. The classification of this project may be a Type 1 action, thereby committing the project to coordinated review by the Planning Board and utilization by the lead agency of the Full Environmental Assessment form, known as the long form, in the ultimate determination of a negative or positive declaration. Commissioner Kim clarified that he thought we designated ourselves as lead agency. Then other agencies could come in and say they want to be and come up with some agreement. Mayor Johnson stated Commissioner Kim is correct. Prior to the involvement of the Planning Board, the City Council was lead agency by default. By sending this to the Planning Board, they become an involved agency. At the Planning Boards meeting, they need to decline or defer lead agency back to City Council unless they want to be lead agency. It is their option to defer it back to us. Commissioner Kim confirmed that by this motion we are not precluding the Planning Board from becoming a lead agency. Mayor Johnson stated by this resolution we are identifying them as an involved agency. They are not lead agency yet; they can seek that if they wish. Right now they have properly been identified under SEQRA as an involved agency. Commissioner Scirocco asked if any other agency is going to be involved. Mayor Johnson said no. Ayes – 4 Nays – 1 (Commissioner K im) ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT Nothing at this time. PUBLIC WORKS DEPARMENT Nothing at this time. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorize Mayor Johnson to Sign Hold Harmless Agreement with Schenectady County and SSPD (08-215) Commissioner Kim moved and Commissioner Ivins seconded to authorize Mayor Johnson to sign a hold harmless agreement with Schenectady County and the Saratoga Springs Police Department . This agreement is to supersede the previous agreement with the NYS Police. Commissioner Kim advised this agreement is for the use of Schenectady Municipal Airport for the EVOC (emergency vehicle operation c ) training. The original site for EVOC training was to be through the NYS Troopers, but they couldn’t do it; Schenectady agreed to the use of their facility. Commissioner Ivins asked if it was necessary to rescind the old motion. Page 3 of 4 City Council Meeting 11/10/08 Tony Izzo, Assistant City Attorney stated you only have to talk about superseding when this motion in some way replaces or supersedes the one you made. Mayor Johnson stated the previous motion allowed him to enter into contract, which he will not be doing based upon this. Commissioner Ivins stated that technically the Mayor could sign the other contract unless they do some sort of action. Commissioner Kim amended his motion to add this is superseding the previous agreement. Ayes – All ADJOURNMENT Mayor Johnson moved and Commissioner Scirocco seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 7:40 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 12/2/08 5-0 Page 4 of 4