City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 2, 2009 7:00 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 PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Patrick Design, Deputy Commissioner, DPW 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. PUBLIC HEARING Moratorium on Demolitions Mayor Johnson opened the public hearing period at 6:45 p.m. Linda LeTendre of 34 Greenfield Avenue showed a copy of the book Saratoga Lost and stated that is what Saratoga has lost in terms of architecture. Part of her wants to say how can you let this happen? How could you let an historic building in good shape in part of an historic district be demolished. This is an issue that can be turned around and the house can be restored to its former glory. Imagine what this town would like if every historical building was torn down. Please pass the moratorium. A couple of letters have been entered into the record – one to the council and one to the Riggi’s. If that house is gone, all of them in the neighborhood are going to be listening to 28 barking Chihuahua at midnight. It’s a good thing you don’t cut the police as they will not be calling the guard shack, they will be calling the police for disturbance of the peace. Sam Aldrich of Granite Street stated he has lived in Saratoga since 1971 and is a retired state park commissioner, former state historic preservation officer, etc. He formerly lived on Union Avenue in the historic home. He objects to the demolition of the house at 23 Greenfield Ave. The best public service they could do is demolish the house they now live in and put a lawn in. Anything you can do to stop the demolition of that house would be greatly appreciated. Samantha Bosshart, the Executive Director of Saratoga Springs Preservation Foundation, thanked the Council for their past support of historic preservation in the community. It was built in 1958 and is associated with several prominent residents. This building is a contributing building but not protected by the historic district. Saratoga is a thriving upstate city because of its architecture. She asked the Council Page 1 of 15 City Council Meeting 6/2/09 to consider an administrative hold on all applications until the moratorium request is considered. This would include language for demolition and demolition by neglect. Carol Obloy of 203 Woodlawn Avenue stated she has lived there for 22 years. She urged the Council to consider demolition legislation so something like this never happens again. What would motivate high profile citizens to thumb their nose to what is near and dear to the people in this community? She wants the Council and 23 Greenfield LLC to know that this place matters. Trudy Smith of 200 Woodlawn Avenue stated she supports the moratorium. She moved here because of the beauty and architecture of Saratoga. She respectfully reminded the Council of the 1978 US Supreme Court decision, Pen Central v. New York. This case established the right for cities to hold property owners of historic properties responsible for the preservation of such property. She urged the council to support the moratorium. Judy Harrigan of 649 North Broadway stated the destruction of this house is a want and act of disregard. She moved here to be near family and friends. Saratoga held beyond family and friends the architecture and culture. She joined the preservation society. She questions the wisdom of the decision of returning to Saratoga if magnificent buildings are being torn down. What is the quality of life of the surrounding homes? What are the laws about the decibels of barking dogs? She doesn’t want to be part of a community that destroys its culture and history. She urged the support of the moratorium. Mary Ann Fitzgerald, the City Historian, stated based upon her experience; she wants to lend support in effort of maintaining the physical history and heritage as advocated by our preservation foundation. A moratorium is critical if we are to continue the tradition of safeguarding the City’s culture and character. Preservation efforts make us unique. James Kettlewell was chair of the preservation committee and member of DRC. He feels we need moratorium because of the way the historic districts are drawn is a license to destroy. The districts must be redrawn more rationally and less in term of political purposes. Barb Trypaluk of 211 Circular Street stated the City Council should impose a temporary moratorium. She is familiar with the building being discussed and it is a beautiful building. There is no excuse for the loss of this building. Barb Glaser of 108 Spring Street stated she has renovated historic buildings. There are new lives for old buildings. We should use the crisis of this house to look at the current plan and develop an expanded plan. We shouldn’t lose important buildings. Amejo Amyot of 219 Woodlawn Avenue stated she wanted to understand the spirit of historic preservation so she looked at the original laws. Looking at earlier laws, the National Park Serve Act was established to preserve scenery, wildlife, etc. to leave them unimpaired for the enjoyment of future generations. That is why Saratoga is a special place and brings people here. Economic growth and cultural tourism is essential to us in Saratoga. We need to do everything we can do to preserve them. The Riggis should be made to put back everything they destroyed and pay a $5 million dollar fine to be put towards a new police station. Pat Friesen of 36 Thoroughbred Drive read the following letter written to Ms. Bosshart, Executive Director of Saratoga Springs Preservation Foundation by Cecilia and Richard Lockwood of 143 Grand Avenue. Dear Ms. Bosshart, I would like to express my appreciation for the important job you are doing in your efforts to save our rich Saratoga architectural treasures….We are Cecilia and Richard Lockwood, owners of 143 Grand Avenue at Beekman Street. We have been working the past 2 years on renovating what was once a condemned building into a resorted structure to house our weaving studio and gallery space. Even though the cost to renovate this once dilapidated structure fare exceeded our expectations, we feel it has been a worthy project to transform this classic federal style home built in the 1850’s back to its former elegant state. We are of very limited means making our living as Page 2 of 15 City Council Meeting 6/2/09 small artisan business owners. Even so we never considered the option of demolishing such a historically significant building and we fully support the proposed moratorium on demolition in the city of Saratoga Springs. Thank you for your efforts. Ms. Friesen stated she personally supports our fire and police departments and hopes they will be fully funded. Cynthia Sodher of 2 Carriage House Lane (formerly 36 Clement Avenue) read the following from a letter she received in 1994 from David Gillespie, Director of Historic Preservation for the New York State Office of Parks, Recreation and Historic Preservation. Dear Mr. & Mrs. Sodher: I am pleased to inform you that the above referenced property has been listed on the National Register of Historic Places. As you may know, the National Register is the nation’s official list of properties worthy of preservation. Listing on the National Register recognizes the importance of these properties to the history of our county and provides them with a measure of protection. Mrs. Sodher also stated that all the houses in the area are on the list. Bob Israel of 2 Franklin Square stated this is going to be an easy vote for the Council. He has been restoring buildings since 1977. He is the current stewart of a couple dozen buildings. We are going to pass these houses on to future generations. These buildings can be preserved in a sufficient and sustainable way. He has never taken on a project without considering the community. He urged the Council to show common cause and preserve these buildings. Christine Carsky of 23 Horizon Drive stated she was drawn to this community because of its special qualities. She implored the Council to think of where were are and what has lead us to where we are. Other communities are scrambling to create downtowns. Douglas Kerr of 60 State Street and President of the Saratoga Preservation Foundation stated this legislation is a temporary moratorium. The reason this is temporary is the city has a grant and opportunity to rewrite its historic zoning ordinance. If it is not a landmark building it is not affected by this legislation – this legislation would have no affect on the construction of the City Center. If the building is dangerous, the building can be torn down and not affected by this legislation. If the building has been altered so much that its architectural and historic value is gone; it’s not affected. Mr. Kerr submitted a proposed addition to the demolition moratorium. They want to stop the demolition of historic structures but don’t want to stop people from fixing things up. There is question if the council can act on this. His understanding is the council can. Preservation happens because the people of this community and our elected officials decide it has to happen. He urged the Council to adopt the moratorium. Justin Hine of 71 Phila Street stated in his sustainability classes at RPI, he learned that architecture and infrastructure that already exists embodies more energy than the energy you put in to destroy it. He is opposed to this issue. Matt Jones of Jones Ferradino and attorney for Joe Boff of 66 Franklin Street in Saratoga stated Mr. Boff has an application in front of the DRC seeking demolition. He brings this to the Council’s attention because there is no regulation for outside the historic district. In the historic district, the DRC has a procedure in which they evaluate demolitions. The Council would be in its purview to see if Article 240 needs some changes. He asked that pending applications not be part of moratorium. Mark Baker, President of the City Center Authority stated the City Center Authority takes no official position regarding the moratorium but ask that it takes exemption from it. Approval has already been Page 3 of 15 City Council Meeting 6/2/09 given by the DRC and the City Council on May 19th. He asked that specific language be added to moratorium that the City Center project be excluded from this. Pat Kane of White Street stated the moratorium is on target for them to stop and look at things. He encouraged the Council use the existing land use process. He encouraged senseless demolition to be ceased in the City. Mark Lawton of 209 Nelson Avenue stated that private property is a valuable and essential thing to protect. Properties that are designated in a community by the federal or state government needs to be recognized that it needs special actions or protections. He asked the Council to take whatever action they need to take as they are the guardians to protect the uniqueness of the City. Mayor Johnson asked the Council to keep the public hearing open for this issue. He feels that there may need for some revisions on the moratorium. Commissioner Kim stated since this is on his agenda, he is going to call for a vote on this. He feels the 2 suggestions can easily inserted into Section C for the City Center Authority and the exception of any pending application currently with the DRC. We need to act today. CALL TO ORDER Mayor Johnson called the meeting to order at 7:30 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. Chris Cole, Assistant Chief of Police stated the commissioner of finance was charged with responsibility of a balanced budget and took good faith steps towards a balanced budget. A couple weeks ago each department was given a specified number of dollars to cut from their department. These cuts were based upon respective percentages of the overall budget. There were no attempts by any representative of the finance department to discus cuts with the police department. The finance commissioner is right that he did not propose employee cuts, but he left them with no choice. In just a few short months the city faces a harder task of working on the 2010 budget. This is about priorities and that may mean smaller departments may have to bear a disproportional amount of cuts. Dave Bronner of 5 Royal Henly Court stated this is supposed to be a public comment period and it is not appropriate for the assistant chief of police to speak. This is becoming rule by the mob; this is not good. He never called for any cuts of police or fire and doesn’t feel cuts should be made. For the commissioner of public safety to say he never discussed dispatchers at a City Council meeting is incorrect. There is a new fire department being built across the 9P bridge - we need to think outside the box. Maybe we can get some kind of agreement with them. Marybeth Delarm of 96 Quievic Drive is here to support DPW and DPS. Letters to state and local officials don’t always make a difference. The current staff of public safety is not adequate for either manmade or natural disaster to sustain simultaneous local emergency calls. Residents on the southwest side are worried about budget cuts causing periodic closing of the West Avenue station. It is time for this City to increase protection and public safety positions including fire, police, and EMS. They are upset these cuts were even suggested. Blair Dominick of 52 Michael Drive stated he works as a doorman in downtown Saratoga. If it weren’t for the policemen, he probably would have been killed. Two policemen were badly assaulted. To even suggest the reduction of the DPS staff you are endangering the city. Page 4 of 15 City Council Meeting 6/2/09 Daniel DeFedericis stated he is the president of the NYS Troopers PBA and resident of the City. His fellow troopers are here to support the police and firefighters of the city. The fact that the possibility of a cut was out there is a concern. The repercussion and negative affects will roll into the future. You cannot short change the city residents. City dispatchers have local knowledge that could be life saving. There are other ways to balance the budget. Bob Rigano of North Creek Road, Greenfield stated he has properties in town. Commissioner Ivins is correct saying cuts are not popular – and someone will always be unhappy. He would rather be unhappy than unsafe. These guys don’t let the criminals get their feet dug in. Andy Brindisi of Brindisi’s Restaurant of 390 Broadway and president of the Downtown Business Association stated they can see through the grandstanding. We need to work together. The things that help his business are the safety of this community and the access of downtown. We are putting the community against each other. We have to have a compromise – please do not politically grandstand. Kristi Keegan of 99 Church Street stated she works for Domestic Violence and Rape Crisis Services. She is happy to hear the cuts may not come and urge not to cut any essential services. Resident of 182 Lake Avenue and crossing guard stated she gives up a lot as a crossing guard. They don’t get paid for summer break. It is hard to find crossing guards to pay so how can you find volunteers. Maryann Mason of Old Gick Road stated she is a crossing guard and traffic control person. She is a crossing guard because she loves children. It is great to know you are helping the children; that is the only thing that should matter. Evan Downey of 25 Schuyler Drive and Saratoga High student stated he read the D.A.R.E. program and the school resource officer program may be cut. We have a drug problem and fights. Officer Kelly does a great job to try to control fights. If you don’t have a D.A.R.E. program it says the community doesn’t care. Andrea Hyde Rogers of Raymond Watkins Apartments stated it seems like the police have a lot more to do with the racino. She doesn’t want to see any of them laid off. Roger Goldsmith of 10 Poe Road and owner of Crafters Gallery stated unfortunately the Council does have to bear the burden of their predecessors with regards to the contracts that were signed with labor force. Signs appear saying don’t make it politics but it seems DPS has made it politics. The grandstanding and politics at the table does a disservice. Ask the guys in the blue shirts where the fat is and where cuts can be made. They are the ones that can give you the best answers. Regarding parking – anything you do that deters or hinders downtown is shooting yourselves in the foot. When you hamper the ability to bring business downtown, you hurt your pockets. Jason Gross of 1 South Federal Street works for DPW. He stated he has been going crazy looking at the budget. Commissioner Ivins has driven him insane. He changed the budget 4 times and never gives them the right amount of money. Suzanne Wittemore of Old Gick Road is a crossing guard. After taking out taxes and gas money, she makes $3 a day; she is a volunteer. Remija Foy of 95 Oak Street stated she had the honor of sitting as a council member thru 6 budgets. She commended the Council for wanting to serve this community thru the economic collapse of the country. There are no simple solutions. She has heard strong support for uniform services – we have great respect for the uniform services. You have the power of controlling expenditures – it is a test of your managerial skills. The chiefs know where they can cut without affecting services. We are a consolidated school district and the school is enjoying the crossing guards at the city’s tax dollar. It is time to address the source of revenue. Pay fee for service to help maintain the services we are accustomed to. We pay the county; some towns don’t have a county tax and enjoy services from the county. The county should share Page 5 of 15 City Council Meeting 6/2/09 some of the expenses the city has had to bear. They should also share the admissions tax from the track. Stop the political posturing and get real. Kevin Genier of 51 Hathorne Boulevard and union president for the fire department stated the dispatchers are the link between them and the public. He suggested reconsidering taking the dispatchers out of the city. Other items listed such as police uniforms, ammunition, weapons, vests, vehicles, fire vehicles, repair and maintenance of vehicles, fire equipment, etc. are not just line items on a piece of paper. You need to consider what that line item represents. There has been no discussion of how to increase revenue. There are a lot of ways to increase revenues without touching essential services. Ed Lewis, Weibel Avenue and president of PBA thanked all the other agencies that came out to support them and the employees. He believes they got their message across. They have solidarity between the 3 unions, we know a lot of people who vote, and they are going to watch what the council is doing. When you guys are gone, there will be more people in your spot. Let’s see what happens in November. Al Colucci of 9 Lexington Road stated revenues from property taxes from 2004 – 2008 went up $5.9 million or 52%. During that period we also received over $9 million in VLT money. What you do with the revenues is what seems to be the problem. The issue being faced is where did that money go? Joe Brady of 95 Fifth Avenue stated being on the Council is a tough job. He will not hold you up and threaten you as some have done tonight. Keep an open mind and don’t let people bully you around. Public comment period was closed at 8:58 p.m. PRESENTATION – 2009 MID – YEAR BUDGET Commissioner Ivins stated the reason they are here is because of the governor and the folks in Albany. They cut $3.8 million of our revenues. The council fought against it and so did some residents. He stated he would like everyone to start working together and solve their issues. He asked every to send an email to the governor, Sheldon Silver and Malcolm Smith to let them know how this affected us. The presentation is on the City website. The process is ongoing, with proposed recommendations. These recommendations are not going into effect; these are open for public discussion. There will be time today and the next Council meeting for public comment. People may have other cuts or revenue ideas. Commissioner Ivins stated they’ve been criticized for not having a tax increase last fall. He had received at least 50 e-mails stating in these hard economic times the residents should be given a break and not have a tax increase. Some departments are above the 2008 spending levels and others have gone down. He is asking more for public safety because people went to him and asked that public safety give a little more. This City does place a high priority on public safety. Commissioner Ivins stated he asked each department for information and suggestions. The mayor came up with a list of items for a total of $97,000 in cuts. The finance department is one of the smaller departments. It is tough to find cuts but found $66,000. DPW is the second largest budget in the city. He worked closely with Commissioner Scirocco and tried to find things that wouldn’t affect the services that they do, so that it would not get rid of a single DPW worker. They are looking to eliminate the public works director and city engineer. The total cuts are $361,000. Commissioner Ivins met last Friday with Commissioner Kim and his staff. DPS did some work and came up with $287,000 in cuts. The items with stars next to them represents the items that were added to the list since then, such as the administrative assistant, police uniforms, fire vehicles, etc. Not a single firefighter or policeman is loosing their position with these proposed cuts. The accounts department is the smallest one in the City and does some pretty important things. They have found $42,000 to cut. The recreation budget – he believes in recreation is important – it builds moral character, and gives kids a place to go and things for them to do. Over $77,000 has been cut in the recreation department. Commissioner Ivins stated other things to consider include: the telephone operator as we have a new phone system; the HR administrator position that is open and not sure when that will be filled, a part time Page 6 of 15 City Council Meeting 6/2/09 police cleaner position can be handled by DPW, dispatch positions can be turned over to the county - Ballston Spa took the lead on this Other things mentioned by the public are as follows: – Pick up lawn debris only once or twice a week. – Declare winter storm warning that require parking on only one side of the street. – Turn down air conditioning at casino when no events at the casino. – Use august traffic personnel to block off roads for parades and fun runs. – Reassign the duties of the open space director and cut that position. – Let the county handle civil service. – Get volunteers to plant flowers. – Get volunteers to be crossing guards. The net results of these cuts is $1.44 million – as a result we will have to take $1.55 million of one time money to hit the $3 million mark. Increase in salaries and health benefits for 2009 were built into the budget and will increase next year. We are looking at tax increases for next year; he will not allow 0%. The people he worries about the most is the people on fixed incomes. The next steps are: pubic hearing at next Council meeting, vote to make changes after the public hearing or make other changes and continue the process and then implement changes. We still have to look at other revenue sources. Commissioner Kim stated it is important that facts be pointed out to the public. It’s been stated that the cut of the police were his numbers and Commissioner Ivins stated they were never his intention. DPS was given numbers to cut. The DPS staff wanted to show what the effects would be on their budget. There is no intent to play politics; there is intent to play good government. He learned for the first time during the meeting with the Commissioner of Finance that he had met with the sheriff’s office regarding dispatchers. If they were to send their dispatchers to the county they would be dumping $150,000 worth of equipment. Another issue is it is all about service. We should not sacrifice the ability to get to the person who needs service. Right now the sheriff is saying he will do this for free but at some point it may not be free for us to have our dispatch center at the county. He will look at it but need to look at it carefully and through open dialogue; not by sneaking off to Ballston Spa. What the DPS numbers raised is a good lesson to the City. We have to look at how they fund the essential city services. Continually leaning on the property owner can’t continue. One time income can get us to the bridge to give us time to absorb this loss. We’ve got problems in the future. If there is money to be saved, they want to do that, but they don’t want to decrease essential city services for a few bucks. Commissioner Ivins stated he did call the sheriff. A lot of people asked him about the dispatchers. For him to consider it as a possibility, he did his own due diligence. He knew the sheriff talks to our public safety department. It was just a phone call, not a meeting. What he suggested is to bring the sheriff in and tell people what he thinks. This is a financial matter of $300,000 - $500,000. He didn’t think he needed permission from Commissioner Kim. Commissioner Kim stated he didn’t know how he knew his opinion on this issue as he has never spoken publicly about this until today. They already know the meeting with the sheriff happened way before because everyone does talk. They know the mayor and the commissioner of finance have had discussions with the sheriff. Commissioner Ivins stated he only had one phone call with the sheriff – last week. Mayor Johnson stated for the record that he has never had a discussion with the sheriff. He doesn’t know where Commissioner Kim got that information. Also, he wanted to correct information in the media regarding cuts in the public safety department – it has been inaccurately stated that he is advocating layoffs in the city and has not advocated layoffs of the police or fire. He was not able to be present at the May 27th meeting. That meeting was set for one item for vote that did not require full attendance of the Page 7 of 15 City Council Meeting 6/2/09 Council. Commissioner Kim amended the agenda to add his presentation that brings everyone here tonight. He is not neglecting his duties by not attending meetings; it was a surprise addition. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda with the revisions stated as follows: 1. Approval of Minutes for 2009 Budget Workshop Minutes 5-18-2009 2. Approval of City Council Minutes 5-19-2009 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 5/22/09 $402,219.94 6. Approve Payroll 5/29/09 $416,811.77 7. Approve Warrant 2009 Mid MC2MAY09 $25,548.65 8. Approve Warrant 2009 Regular 1JUN09 $651,295.88 9. Appointment of Stefanie Richards as Commissioner of Deeds 10. Award of Bid: Chemicals to Slack Chemical Co., Surpass Chemical Co., Thatcher Co., Faesy and Besthoff, and Holland Co. 11. Award of Bid: Heavy Equipment Rental Standby to Abele Tractor and Equipment, Robert H. Finke and Sons, and Park East Sales Ayes - All Mayor’s Department Discussion and Vote: Authorization for Mayor to Sign A Sale Contract for Lillian’s Lot (09-159) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign a sale contract for the purchase of the Lillian ’s lot subjec t to review by risk and safety . Commissioner Franck asked if the parking will be left open through the summer. Mayor Johnson stated he believes that is in there. They can’t begin anything until they have their site approval. There is no exact term for the parking but can make it part of the contract. Commissioner Ivins stated the contract indicates 31 parking spots at 19 Railroad Place which is the Price Chopper lot. Ayes – All Discussion and Vote: Extension of City School District Maintenance Contract for East and West Side Recreation Fields (09-160) Mayor Johnson moved and Commissioner Ivins seconded to approve the mayor to sign an extension of the City School District maintenance contract for the east and west side recreation fields . Mayor Johnson said this is the same agreement that has been in place for a number of years. This agreement is up to and including September 1, 2009. Between now and then they will be negotiating a more comprehensive agreement for the balance of the year and something more than 1 year terms. Commissioner Franck asked that this contract be made subject to risk and safety approval. Mayor Johnson accepted that amendment to the motion – seconded by Commissioner Ivins. Page 8 of 15 City Council Meeting 6/2/09 Mayor Johnson moved and Commissioner Ivins seconded to approve the mayor to sign an extension of the City School District maintenance contract for the east and west side recreation fields subject to risk and safety approval. Ayes – All Discussion and Vote: Acceptance of Donations for the July Concert Series (09-161) Mayor Johnson moved and Commissioner Scirocco seconded to accept donation from Stewart ’s in the amount of $500 and the Adirondack Trust Company in the amount of $250 for the July concert series. Ayes – All Discussion and Vote: Temporary Suspension by Administrative Hold in the Building Department for Demolition Permits (09-162) Mayor Johnson moved and Commissioner Ivins seconded to add this item to the agenda. Ayes – All Mayor Johnson moved and Commissioner Franck seconded to impose a temporary administrative hold or suspension upon the building department in its ability to issue demolition permits for any structures that are individually listed or listed as contributing structures within the National Registrar of Historic Places within the City of Saratoga Springs for a time period not to exceed a Council Meeting on July 7, 2009 during which they will be in the position to examine a proposed local law that may impose a moratorium of demolition permits on the same criteria and scope. Commissioner Kim stated when he put the motion up suddenly the mayor had issues about standards. What is to prevent the owners of 23 Greenfield Avenue to go to court and say order the City to issue a permit to demolish. There are no standards, just a City Council that doesn’t want them to do something that is legally their right. He will support this because it is the only thin hope to prevent this from happening. He heard Tony say the longer they wait the weaker it gets. Commissioner Ivins stated he is voting for this as well but if at all possible would like to do something for the next council meeting. He would be more comfortable. Mayor Johnson agreed. Franck he would vote in the affirmative but has some of the same concerns that we are leaving ourselves exposed. He would be more comfortable that this come back at the next council meeting. Ayes – All Accounts Department Informational: Grievance Day Commissioner Franck announced grievance day occurred last Tuesday. In 2004, which was the year of reassessments, there were 869 grievances or 8.7%, in 2005 708 grievances for a little over 7%, in 2006, his first year in office they froze assessments and had 131 grievances for 1.31%, in 2007 there were 91 grievances, in 2008 there were 132 grievances, in 2009 there were 138 grievances. The last 4 years he has been in office, there have been about 1.25 % of the properties grieved. The more grievances you Page 9 of 15 City Council Meeting 6/2/09 have the more article 7s you have. We have been able to cut our budget down because the number or grievances have gone down. Finance Department Discussion and Vote: Accept Donations – Saratoga’s All American Celebration (09-163) Commissioner Ivins moved and Mayor Johnson seconded to accept donation s from Impressions of Saratoga in the amount of $100, Brindisi ’s Restaurant in the amount of $100 and Cantina in the amount of $75 for the All American Celebration. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract – Henry Hudson/New Netherland Museum (09-164) Commissioner Ivins moved and Commissioner Franck seconded to authorize the mayor to sign a contract a contract with New Netherland Museum for the Saratoga All American Celebration. Commissioner Ivins stated this is for $1,000 for Henry Hudson. Anyone interested in getting involved can contact his office or go to www.saratogajuly4th.com. Ayes – All Discussion and Vote: Accounts Grant Payroll Transfer (09-165) Commissioner Ivins moved and Commissioner Scirocco seconded the accounts payroll transfer for part time clerk as part of the SARA grant. Franck that is revenue neutral as it relates to the grant. Ayes – All Set Public Hearing: 2009 Mid-Year Budget Commissioner Ivins set a public hearing for Tuesday, June 16th at 6:00 p.m. Discussion: City Finances Commissioner Ivins stated the comptroller has proposed an increase for the 2011 retirement rates. They are estimating our rate will go from 11% per employee retirement fund and 20% for fire; it is now at 7.5%. We could be looking at $1.5 – $2 million that could impact the 2011 budget. The comptroller has proposed legislation to pay annual installments over a 10 year period. Taxpayers are going to be asked to take on the burden. Public Works Department Announcement: Update on the Church Street Re-Construction Project Commissioner Scirocco advised this project will be going out to bid mid July. The government has asked for additional documentation for the stimulus money. Page 10 of 15 City Council Meeting 6/2/09 Announcement: Update on the Nelson Avenue Project Commissioner Scirocco advised they are up to Vanderbilt Avenue and Saratoga Village. They are cleaning up the area and re-seeding. Nelson Avenue is not complete, so they are not going to pave prior to the completion. They are going to pave from Wright Street to Crescent Street before the track season. Public Safety Department Announcement: Meeting with Department of Finance Regarding Essential Budget Cuts Commissioner Kim stated this was discussed previously. Discussion: Labor Negotiations Contract Commissioner Kim pulled this item from his agenda. Discussion and Vote: Demolition Moratorium (09-166) Commissioner Kim stated the exceptions for the City Center and a pending application before the DRC can be addressed under Section 3c after “…any new application…”. They could insert “with the exception of a currently pending application before the DRC at the time that the foregoing has been enacted.” In regards to the City Center, Section 4a would take care of that exclusion by adding “not withstanding the foregoing, none of these provisions would apply to the City Center Authority or its structures.” Council agreed to waive the reading of the entire local law. Commissioner Kim moved and Commissioner Ivins seconded to approve Local Law No. 1, amendment to Chapter 240 of the Code of the City of Saratoga Springs and adds Article 16 to Chapter 240. Mayor Johnson stated he is fully behind preservation. He has concerns that the current format is deficient. A moratorium must be as narrowly drawn as possible because it restricts property rights. That narrow restriction is to the scope and the time frame of the moratorium. This needs to be done to best protect the City. The term is listed as May 1, 2009 to January 1, 2010; that is excessive. It can be more narrowly drawn to 30 day periods of time and can be renewed by the Council at the end of each period. The conditions upon which the City Council is designated as a body to issue a waiver from the moratorium should be more restrictive. Section 4 subparagraph A is a strong standard and should be further researched. It may be inconsistent with other standards the City may now have in place regarding demolition. This is not an ordinance or law seeking to have one of our land use boards to weigh in and issue their opinion on which way it should be granted. There are now exceptions that are be attempting to be carved out of this moratorium. The City Center exemption itself will raise a serious challenge should we ever be challenged legally by a private home owner as to a different standard being applied to the City versus a private landowner. We have only had 1 public hearing on this matter. There are a significant number of homes that could be affected by this. We have an administrative hold in the building department that can be put into affect. He asked assistant city attorney Tony Izzo to address this. Tony Izzo stated a local law must be on their desks 10 days in its final form before it can be voted on. The more substantial an item is the more likely the local law is to be validated by court. If you want to pass what is in front of you this evening, they will do their best. Commissioner Ivins asked if someone challenged this and was successful; where would we be? Tony stated many times the court will grant the relief of the petitioner. Page 11 of 15 City Council Meeting 6/2/09 Commissioner Kim stated this moratorium is supposed to last 9 months. The item is to stop everything so we can address the longer term issue. What they can do is carve out the exceptions to be listed as a category rather than a specific property. Tony stated the more you step outside procedure as established by statute, the more vulnerable you make you law to a judicial challenge. Commissioner Kim stated it will take someone 3 or 4 months to get to the point of challenge. By then, the City will have come up with its own long term way of doing this. In action risks the demolition of an essential property. The draft comprehensive plan that was issued 12/17/07 recommended they expand the historic districts to include all the properties currently listed on the National Register of Historic Places. If we moved on that, we wouldn’t have this problem. Commissioner Franck stated he believes they need to resolve tonight. His concern is they will bulldoze this place over and then all they will get is a penalty for a permit. Pat Kane cautioned that whatever changes are made must wait 10 days. There are properties that need protection now. The call should be made to the Riggis in the morning to say stop. Mayor Johnson stated no permit has been issued for Greenfield Avenue at this time. They also need to be careful not to single this entire action against 23 Greenfield Avenue and its new owners. Pat Kane stated this is an old issue that is of great magnitude. Brad Birge, City Administrator for Planning and Economic Development stated what is being proposed is 2 separate actions. One is to cease the issuance of building permits and the other is the issuance, acceptance, review, and the issuance of any approvals by the DRC or any of the other boards. In order to create an amendment change, county referral is required. Commissioner Kim asked why this wasn’t brought up previously or discussed with his staff prior to now. Mayor Johnson stated Mr. Birge was on vacation and this developed in his absence and he was also out of town. In addition, assistance was not sought by Commissioner Kim’s department. Commissioner Kim stated he attached this local law to the agenda where he set the public hearing. His deputy understood that it was reviewed by legal and the item was on the last City Council agenda. Mayor Johnson stated there were changes made to this since it was first placed on the agenda. Tony Izzo stated the council got this before he saw it. Because of the local law it only gave them a few days to react. He did review and made some procedural changes. Mayor Johnson stated his department is charged with land use issues but Commissioner Kim decided to take a charge on this. Commissioner Kim stated he hasn’t heard anyone say these are substantial changes as these changes can be integrated with a couple sentences. Mayor Johnson stated Commissioner Kim’s department gets involved with demolitions when it relates to public safety and health, but not this kind of issue. He believes he stepped over the line and in doing so presented an ordinance that is not ready to be passed. Commissioner Franck asked if there is anyway to leave it just the way it is and shorten the time so they have time to work on the changes. Page 12 of 15 City Council Meeting 6/2/09 Mayor Johnson stated then they would be passing something that they would have to come back and revise the terms of. They should put an administrative holds on the issuance of demolition permits and take the time to write a good local law. Commissioner Scirocco stated he is confused. He would like to pass something that is bullet proof and not have to come back to the table. He sees no problem with an administrative hold. His department won’t issue disconnects for 2 weeks. It’s a good document that needs to be tweaked for the city. He would like the city attorney to look at it, critique it and work with the preservation foundation. Mayor Johnson stated there is a stop work order at 23 Greenfield Avenue, so by law they can’t do anything. Commissioner Scirocco stated that should send a message to the owner. Commissioner Ivins stated anything we can do to strengthen our case we should do. He would like to see the commissioner or the mayor put it back on the agenda for the next meeting. Tony Izzo stated even if they wanted to come back on the 16th, this will have to be on their desks by Friday. Commissioner Ivins asked Mark Baker how this would affect the City Center. Mark Baker stated he can live with 30 days as long as they will be exempt from it. Their application is on file but not issued yet. He doesn’t feel this should have a negative affect on their project. Commissioner Kim stated he will pull it this time but he is bringing something to the next City Council meeting. He will work on this with anyone. He and Eileen will be full time the next 3 days on this. If he doesn’t hear anything, he will bring the same motion with the 2 corrections. The residents deserve more than waiting 30 days. There is no way they are waiting until July. Commissioner Franck stated he believes they are making a mistake not voting tonight. He is terrified this building is going to be torn down without a permit. Mayor Johnson confirmed that Commissioner Kim is withdrawing this for a vote. Commissioner Kim stated he wanted to put it up for a vote. Ayes – 2 Nays – 3 (Mayor J ohnson, Commissioner I vins, and Commissioner S cirocco ) Announcement: Guidelines for Assistance to Fire Fighters Grant Commissioner Kim announced the federal government has issued guidelines for assistance for fire fighters station construction. They will be reviewing the guidelines and reporting back to the City Council of their next steps. Discussion: Caroline Street Incident Commissioner Kim stated on Saturday evening there were 2 officers injured during an incident on Caroline Street. This further substantiates the need for the staffing of the police department. They do have tapes of the incident if the City Council would like to review. Supervisors Page 13 of 15 City Council Meeting 6/2/09 Joanne Yepsen Sustainable Saratoga Supervisor Yepsen reported the next public meeting will be tomorrow, 7:00 p.m. at Skidmore College. The discussion will focus on how Saratoga as a community and society can move towards true sustainability. Universal Preservation Hall Supervisor Yespsen reported the restoration of the infrastructure continues. They’ve installed a new heating system, a new driveway with snowmelt system, and a new stairway. There are a number of public events planned for the summer at the hall. Frederick Allen Lodge Supervisor Yepsen reported a fundraiser will be held on July 12th. Beekman Street has put in a request for a street closure between Oak and Grand for this event. County Meetings Supervisor Yepsen reminded everyone that each month the County Board of Supervisors hold committee meetings. Most resolutions and work comes up through the committees, go through executive committee and then goes to the full board. If anyone wants input on these items, they need to attend the committee meetings. The committee meetings times and places are on the website. Matt Veitch Green Committee Supervisor Veitch reported that they had a meeting last week with 2 presenters. One presenter, Aloha Energy, has a spray foam insulation that is soy based and sprayed between the rafters in your house. It is extremely energy efficient. The other presenter was RPS Solar Solutions. They talked about solar applications. They also install an electrical meter on the side of homes, if you have a solar application, to determine the amount of solar energy you generate. If you generate more power than you use the meter goes in reverse, so you can save money. The last thing they looked at was possibly refurbishing the solar application they have at 50 West High Street. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Johnson adjourned the meeting at 10:35 p.m. Respectfully submitted, Lisa Ribis Approved: 6-19-09 Page 14 of 15 City Council Meeting 6/2/09 Vote: 5 - 0 Page 15 of 15