City Council

October 1, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:00 P.M. – Workshop: NYS ORPS Re: Basic STAR Registration 6:45 P.M. – P.H. – Amend Capital Budget Water Treatment Plant Emergency Generator 6:55 P.M. – P.H. – Amend Capital Budget – Safe Routes to School 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. 2014 Comprehensive Budget 2. Water Treatment Plant Emergency Generator 3. Vietnam 50th Commemoration Partnership Program EXECUTIVE SESSION: None. CONSENT AGENDA 1. Approval of 9/16/13 Pre-Agenda Meeting Minutes 2. Approval of 9/17/13 City Council Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 09/20/13 $405,253.14 6. Approve Payroll 09/27/13 $432,888.32 7. Approve Warrant: 2013 Mid – 13MWSEP2 $3,192,135.26 8. Approve Warrant: 2013 REG – 13OCT1 $448,461.30 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with National Landscaping and Lawn Care for East Side Big Baseball Diamond Sod 2. Discussion and Vote: Assuming Lead Agency Status on Saratoga Hospital PUD amendments 3. Discussion and Vote: Determination of Significance Under SEQRA for Proposed Saratoga Hospital PUD Amendment 4. Discussion and Vote: Approval of Zoning Map and Text Amendments for Saratoga Hospital PUD Amendment 5. Discussion and Vote: Amend the Capital Program and 2013 Capital Budget – Safe Routes to School 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with NYS DOT for Safe Routes to School Grant City Council Meeting 10/1/13 7. Discussion and Set Public Hearing: Proposed Adoption of the Master Plan and Phase 1 – Waterfront Park 8. Discussion and Vote: Accept donation for the Visitor Center 9. Appointment: Heritage Advisory Board 10. Discussion: Update on Proposed and Estimated Revenue Sharing Under the NYS Full Gaming Proposal ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Direct Energy for Natural Gas 2. Discussion and Vote: Merit for Review of Beekman Street Art District Zoning and Map Amendment Referral for Concurrent Advisory Opinions to City Planning Board and County Planning Board 3. Appointment: Commissioner of Deeds 4. Award of Bid: City Hall Annex Roof and Masonry Repairs to Mid-State Industries, Ltd. 5. Award of Bid: West Avenue fire Station Roof Replacement to Titan Roofing 6. Announcement: Updated Voting District Locations 7. Discussion: Enhanced and Senior STAR Exemptions FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign SIEBA Agreement 2. Discussion and Vote: Capital Budget Amendment – Safe Routes to School Grant 3. Discussion and Vote: Capital Budget Amendment – Water Treatment Plant Emergency Generator 4. Discussion and Vote: Bond Resolution - Water Treatment Plant Emergency Generator 5. Discussion and Vote: Budget Transfers – City Center Contingency 6. Discussion and Vote: Budget Transfers – Payroll 7. Discussion and Vote: Budget Transfers – Insurance 8. Discussion and Vote: Budget Transfers - Interfund 9. Discussion and Vote: Budget Amendments - Interfund 10. Announcement: 2014 Comprehensive Budget Workshops PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Accept Donation – Bench 2. Discussion and Vote: Amend Capital Program and the 2013 Capital Budget for the Water Treatment Plant Emergency Generator 3. Discussion and Vote: Authorization for the Mayor to Sign a Curbing Contract with Saint Peter’s Church 4. Discussion and Vote: Authorization for the Mayor to Sign a Sidewalk Contract – Devra Cohen-Tigor 5. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Mid-State Industries, Ltd. 6. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Precision Environmental Solutions, Inc. – Water Treatment Plant PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Commemoration of the 50th Anniversary of the Vietnam War 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Titan Roofing for the West Avenue Fire House Roof Replacement 3. Set Public Hearing: Amend City Code Chapter 225 Article 9, Section 225-77, Schedule XII; Stop Intersections 4. Set Public Hearing: Amend City Code Chapter 225-94, Schedule XXIX; Alternate Side of the Street Parking to Everyday During the Saratoga Thoroughbred Racing Meet 5. Announcement: Public Safety Forum on Late Night Noise and Other Public Safety Issues on October 24th at 7 p.m. in the City Council Room 6. Discussion: Resolution to Accept Purchase Offer of 500 Broadway (Collamer Parking Lot) from The Algonquin Building LLC & for the City to Purchase Tax Parcel 179-3-1 on Union Avenue 7. Discussion: State Liquor Authority Approval for Last Call Change for Essex and Warren Counties Page 2 of 21 City Council Meeting 10/1/13 SUPERVISORS Joanne Yepsen 1. NYSAC Conference Report 2. Sports Tourism 3. Vietnam Commemorative Committee 4. October County Meetings Matthew Veitch 1. Update: NYSAC Conference 2. Update: Saratoga County Long-Range Capital Program 3. Announcement: Saratoga County Office for the Aging Public Hearing ADJOURN Page 3 of 21 City Council Meeting 10/1/13 October 1, 2013 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor Matt Dorsey, City Attorney EXCUSED: Christian Mathiesen, Commissioner of DPS 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 Amend Capital Budget Water Treatment Plant Emergency Generator Commissioner Madigan opened the public hearing at 6:49 p.m. Commissioner Scirocco advised the emergency generator has to be installed by the end of 2013. The cost estimate for this generator is approximately $1.2 million. There will be a presentation tonight on this topic. Charlie Morrison of 88 Court Street read the following into the record: Soon after Commissioner Scirocco came into office 6 years ago the State Department of Health (DOH) told him that he would have to install an electric generator to run the City’s water treatment plant during prolonged electric outages. In the DOH’s biannual Sanitary Surveys in 2008 and 2010 he was told again to get the generator. At that time the Department also said the City should find a new source of drinking water because the City was short of capacity. Page 4 of 21 City Council Meeting 10/1/13 The Mayor signed the agreement as required by the Charter - to have the generator installed. A year later the City was way behind on both projects and asked DOH for a new agreement and extended the agreement for the water. Commissioner Scirocco signed the new agreement; which is a violation of the City Charter which requires that the Mayor sign. He has never initiated SEQRA for the source water project either. The generator project was put in the Six-year Capital Program by Commissioner Scirocco in 2011 for funding in 2013; he skipped 2012. It was set back even though it was an urgent project. The same thing happened again in 2012. On February 25, 2013 and again on July 1, 2013 DOH wrote the City to say that there would be no more extensions. That should have been a signal to order and install the generator, immediately, not wait until a few months before the deadline to obtain a budget amendment. It is the erratic planning and management that he is concerned about. He doesn’t object to the generator just the erratic management. Commissioner Madigan closed the public hearing at 6:55 p.m. Amend Capital Budget – Safe Routes to School Mayor Johnson opened the public hearing at 6:55 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT 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 7:01 p.m. Patty Jackson of 130 Arrowwood Place, Malta, mother of Darryl Mount asked for an outside investigation. She takes care of the residents of the City of Saratoga Springs as a public health nurse. She is not trying to blame anyone. If she makes a mistake she is not only investigated by her company but New York steps in. They will continue to rally until the outside investigation is done. Charlie Morrison of 88 Court Street read the following into the record: He encouraged the Council to approve the Revised Master Plan for the Waterfront Park which was prepared by the LA Group. However, some discussion is needed by the Council before implementation of the plan. There are questions about costs, not only for park development but also about future staffing and maintenance, including about liability insurance costs for the Phase I swimming area. There are 58 regular parking spaces in the plan and 18 overflow spaces. That’s a lot of people to safely accommodate. Swimming will be a big attraction. Page 5 of 21 City Council Meeting 10/1/13 There is graffiti on the dilapidated building on the upper level should be removed immediately and a use should be found for the building, or demolish it. Deputy Mayor Sutton spoke in the Saratogian about being “full speed ahead” with this park early this summer, but then nothing happened. Very few people are using it. This land was purchased in 2006 for $2.0 million during the administration of Mayor Valerie Keehn. Everybody was excited. A highly professional advisory committee soon completed a multi-phased plan. Later the LA Group plan was prepared – but it has taken 4 years to have it revised. In the past the recession was the excuse for not doing anything. The money was really there all along. There were two state grants, one early for $200,000 and one recently for $325,000 plus $200,000 set aside from the original bond funds. Also, the City has more than $700,000 in the Recreation Fund, which could have been used towards the development. Money is not the problem. The former restaurant on the site was demolished in 2011. The road to the lower level was rebuilt in 2012 and a 20-foot long dock for car-top boat launching and some picnic tables were installed the same year. Nothing significant was done this year. The SEQRA needs to be done before moving ahead. Don Snyder of 6 Oakbrook Boulevard stated he is here to comment on the proposed EMS facility on the east side. He expressed his support of Commissioner Mathiesen and Chief Williams efforts and leadership roles to seriously address this issue. He hoped to thank them personally tonight. Their proposal to have a third ALS engine on the east side fits the need to a tee. Their proposal addresses the overall problem of addressing the entire city. He stated he attended a meet and greet in 2009 where Mayor Johnson acknowledged the problem of not having adequate service. Now he asks him and the commissioners to support Commissioner Mathiesen and Chief Williams. Kay Watkins of 35 Vista Drive and member of the East Side Safety Committee and president of the Water’s Edge Homeowner’s Association stated she see members of all 5 HOAs in the audience. She asked the Council if they think it is ok that the response time falls outside of the National Association Fire Protection standards. Where are your priorities? Commissioner Madigan asked for creative financing; you got creative financing and property tax back on the tax roll. Peoples homes and lives depend on you making the right decision and voting for this proposal. Rita Manley of 11 Sicada Street stated it is difficult to understand why EMS and protection of property has not become a priority in the last 10 years. What should be more important than saving lives and propertyof all taxpayers regardless of where they live in Saratoga Springs. Brian Finneran of 32 Sicada Street and board member of the Interlaken stated it is a matter of lives. He appreciates the money fact and the trade offs that need to be made in that regard. Chief Williams’ presentation was wonderful and he will keep track on how each of you vote. He is sure each of the other communities will also keep track of how each Council member votes. Mike Phinney of the Beekman Street Association stated he is here to ask the Council to consider the proposal that is on the agenda tonight. They are asking the Council to consider the content of the proposal. They would like to make the permitting process less intimidating. They would also like the area to be broadened enough to encompass some of the properties that are interested in participating but can’t right now. Amejo Amyot of Woodlawn Avenue thanked the Council for their past support and help in preparing this document before them. In the best of all circumstances it would be best to wait for the comprehensive plan, but is now estimated to be completed in 2015/2016. The art district can’t wait that long. Page 6 of 21 City Council Meeting 10/1/13 MaryEllen Lee of 123 Ash Street stated she is a member of the Beekman Street Association. She is lucky her business has not declined, but over the past 9 months her patients have said it is a cute neighborhood but why isn’t anything open. Something needs to be done to bring the street back to life. Richard Lockwood of 143 Grand Avenue stated he would like to underscore the need for whatever support can be extended to their community. Their time is limited unless they get some support from the Council. Jonathan Haynes of 152 Grand Avenue stated they started the zoning process in 2011. In 2012 they held a large neighborhood meeting and modified the plan from that meeting. They met with the mayor in 2013 and received recommendations. At this point they feel they have a well vetted plan. This will be a great measure for the Comprehensive Plan Committee as they can watch and see if they are working and use them to strengthen the Comprehensive Plan if they are working. Patty Saunders stated she is here on behalf of her nephew Darryl Mount. She called Chief Veitch last week to ask how long her nephew went without oxygen. He stated he had nothing to say to her unless she had a lawyer. Does it seem right that an officer beat someone last year on Caroline Street and was only suspended for 30 days. Chief Veitch released different stories to the press; which one are we to believe. How could the stories change so rapidly? If they didn’t do anything wrong, she will be the first one to stand up there and apologize. Dave Kubikian of 7 Sultana Street stated he supports his colleagues regarding the EMS on the east side. The fact that more lives haven’t been lost is pure luck. He implored the Council to act in a way that will improve the response time. David Bronner of 5 Royal Henley Court stated he is in favor of increasing the safety of people and doing it fiscally responsibly. He would like to suggest putting a high speed vehicle on the east side. This concept is done in other places. Another suggesting is a roving ambulance. The idea of going to 3 firemen on a truck is a bad idea. He also suggested starting with a one bay ambulance station. Hiring additional firefighters is when the expenses really go up. John Willson of 3 Waterview Drive and member of the East Side Safety Committee thanked Chief Williams for the excellent presentation of the east side facility. He recently was in Troy and stopped in their fire station to ask how many firemen man a truck; they have 3. This is the same being recommended by Chief Williams. He is encouraged to see the discussion of the transfer of property is on the agenda tonight. He hopes this matter is placed on the next agenda for vote so each persons position on the matter will be known before November. Mayor Johnson closed the public comment period at 7:41 p.m. PRESENTATIONS 2014 Comprehensive Budget Commissioner Madigan advised all the materials will be on the website, in the Accounts Department, Finance Department and at the library. The budget describes our City’s current needs and the vision for the future. The 2014 Comprehensive Budget is defined by essential City services and sustainable City government. Our challenge is to continue to rebuild essential services in a manner that can be sustained into the future. City government must meet the citizens’ needs as well as their means. Commissioner Madigan explained the City has a combined tax rate. Revenue raised by property tax is used to balance both the general fund budget and the debt service fund budget. The general fund is the City’s operating budget and the debt service fund supports capital projects. The total proposed 2014 comprehensive general fund budget is $40,327,021.29; up by $460,385.80 from 2013. The increase in the general fund from last year to this year is from a combination of factors such as mandated expenditures, essential services, and equipment. The mandates expenditures account for 89% of the 2014 budget and Page 7 of 21 City Council Meeting 10/1/13 include contract updates for outdated employee contracts; health insurance; retirement contribution; liability insurance; disabled police and firefighters; and sick leave. Essential services include public safety personnel; human resource administrator; and a new IT Department help desk technician. Equipment purchases proposed include a GIS system for the Planning and Building Departments; city-wide computer replacements of obsolete equipment; a pick-up truck for DPW; and a copier for the Recreation Department. Commissioner Madigan advised spending cuts were required across all departments to balance mandated increases with a reasonable property tax levy. A couple examples of spending cuts are as follows: the Accounts Department was able to decrease the refund to prior year taxes line by $100,000 as numerous cases were successfully addressed and the Planning Department professional services was decreased by $30,000 as a consultant was hired to assist with the review of the Comprehensive Plan. Commissioner Madigan advised the main revenue sources for the City’s general fund budget is supported by sales tax, state aid, mortgage tax, VLT aid, and real property tax. It is important to use the resources that are available to the City and return to the taxpayer surplus funds. Decreasing the amount of fund balance used in the operating budget is an equally important step towards sustainable government. Establishing reserves helps smooth these transitions. The recommendations for 2012 excess fund balance will accomplish all these goals. Commissioner Madigan advised of other revenue sources that have increased such as the ambulance program; Planning Board fees; and compost sales. Other revenue sources that have decreased include parking ticket revenue; transfer station bags, rental of West Avenue Fire Station; and hazardous waste revenue. Commissioner Madigan explained the projects included in the 2014 comprehensive budget include the top ranked capital budget priorities. The project included have a total cost of $9,047,386 of which $2,639,686 will be bonded through the debt service fund; $950,000 will be bonded through the water fund; and $200,000 will be bonded through the sewer fund. The police evidence and records management facility has been removed because the project needs further planning and design. A dump truck with plow has also been removed from the budget. Commissioner Madigan advised the debt service budget reflects principal and interest payments on all the City’s outstanding bonds for capital projects except those included in the Water and Sewer Funds. Revenue used to support the debt service budget’s expenditures include property tax, as well as other Council approved sources, such as the Recreation Trust Fund, various reserves, and Planning Board fees. The total proposed 2014 debt service budget is $3,287,409. The main revenue source supporting these expenditures is property tax in the amount of $2,624,189. This is an increase over 2013 of $486,233. This, in addition to our general fund increase of $460,386, must be balanced with revenues sufficient to accommodate the property tax cap and a reasonable tax rate. Under the City’s self imposed 2% debt limit, subtracting amounts already bonded and not excludable, the amount available to bond in 2014 is an estimated $43,322,393. Commissioner Madigan advised in the case of an excess (or deficiency) in fund balance based on year end audited figures; she is tasked with making recommendations. There is an excess fund balance for the 2012 fiscal year of $1,178,576. She recommended saving and investing funds for the tax payers as follows: o Designation for costs associated with the settlement of City employment contracts will be available until all expired contracts have been settled or until the year end 2014, whichever comes first. At that time, all amounts remaining under this designation shall go to a reserve fund for the payment of bonded indebtedness. Commissioner Madigan advised that she has grave concerns about the City’s unsettled union contracts. Contracts that have been unsettled for 2, 4, or 6 years become nearly impossible to accommodate under a 2% property tax cap. The City has no combination of revenues that can keep pace with multiple years of wages, and little way of anticipating when and how much to be prepared. Funds must be available in the event of re-negotiation and settlement, and they must be Page 8 of 21 City Council Meeting 10/1/13 available for the abrupt budget re-alignment this will generate. This year alone the budget jumped over a half million dollars for only two contracts, outdated for up to five years. o Contribute $200,000 to the tax stabilization reserve. o Make equipment purchases in the amount of $198,000. o Establish a reserve fund for the payment of bonded indebtedness in the amount of $175,000. o Establish an insurance reserve in the amount of $130,000. o Contribute $100,000 to the debt service fund revenue budget. Commissioner Madigan’s recommendations defray the property tax levy and save fund for future needs. Two new reserves will be established, used and carried forward – activities that benefit the taxpayer today and into the future. The City has adopted a new fund balance policy that raises the standard and may lower the amount available as “excess”. Commissioner Madigan reminded everyone that this year marks the third year of the New York State Property Tax Cap. The New York State property tax cap formula allows a combined property tax levy of $19,188,266. The City’s tax levies, including the general fund, the debt service fund, and the special assessment districts total $18,775,161. This is allowable under the property tax cap and may result in a carry-over to 2015. Commissioner Madigan advised the proposed combined tax rates for the 2014 comprehensive budget is $6.0654 for the inside district and $5.9873 for the Outside District; a 0.68% increase over 2013. The affect on property tax is about $14 per year on a $350,000 home. She believes this budget offers the citizens of Saratoga Springs essential city services, essential capital investments, and an affordable tax rate. Commissioner Madigan asked the Council to consider essential City services, sustainable city government, and our citizens’ needs and means as they debate the budget. She also thanked each of the Council members. Commissioner Madigan announced the budget workshop meetings as follows: Tuesday, October 8th at 1:00 p.m. for the Mayor’s Department and Recreation; Thursday, October 10th at 6:00 p.m. for DPW and the capital budget; Thursday, October 17th at noon for the Accounts and Finance Departments; Wednesday, October 23rd at 5:30 p.m. for the Department of Public Safety; Tuesday, October 29th at 6:30 p.m.; and Thursday, October 31 at 1:00 p.m. Water Treatment Plant Emergency Generator Commissioner Scirocco stated the Department of Health has mandated an emergency generator be installed at the Water Treatment Plant. Tim Wales will provide a brief presentation about the generator and its size. Tim Wales, city engineer, advised this project was mandated by the Department of Health. We currently have emergency generators at the Geyser Crest and Interlaken facilities. The Bog Meadow pump station does not have a generator at this time. The NYS DOH requires emergency power at the Water Treatment Plant by December 31, 2013. They asked the NYS DOH to move their deadlines twice as they had a lot of projects going on at one time; but they were denied. They looked at new and used generators as well as funding sources. It was determined that a 1500 kw generator is necessary and can be placed at the rear of the Water Treatment Plant. A used generator of this size is not cost effective and not recommended. The delivery time of this generator is 6 months for one of this size and will cost $1.2 million for purchase and construction. Tim Wales explained the advantages of this project include: complete operation of City Water plant during extended power outages or natural disasters; provide potable water to residents during such outages; flexibility with system operation and maintenance by not having to keep the Woodlawn storage tank full at Page 9 of 21 City Council Meeting 10/1/13 all times. The project timeline is to complete design, obtain NYSDOH review and approval by end of October, 2013; order and sign contract by end of November, 2013. Commissioner Franck confirmed the generator runs on fuel. Tim advised the generator is a diesel generator. Commissioner Scirocco read the letter from the DOH from May 17, 2013 into the record as follows: Commissioner Madigan confirmed that he believes the City will be fine with the installation of the generator in 2014 when the letter states the end of 2013. Vietnam 50th Commemorative Partnership Program This presentation was removed from the agenda as Commissioner Mathiesen was not able to make this meeting. CONSENT AGENDA Mayor Johnson moved and Commissioner Scirocco seconded to approve the consent agenda as follows: 1. Approval of 9/16/13 Pre-Agenda Meeting Minutes 2. Approval of 9/17/13 City Council Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 09/20/13 $405,253.14 6. Approve Payroll 09/27/13 $432,888.32 7. Approve Warrant: 2013 Mid – 13MWSEP2 $3,192,135.26 8. Approve Warrant: 2013 REG – 13OCT1 $448,461.30 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with National Landscaping and Lawn Care for East Side Big Baseball Diamond Sod (13-327) Mayor Johnson explained this project totals $8,516 and includes the removal of existing turf and installation of sod to the infield. The project has been approved by the school board as a 2012 capital project. Funds are from line H3657142 / 52000 / 1008. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement as listed and described. Ayes - All Discussion and Vote: Assuming Lead Agency Status on Saratoga Hospital PUD Amendments (13-328) Mayor Johnson stated the Council sent their intent to the other boards regarding that they wish to take lead agency status. Responses have been received from the City Planning Board, County Planning Board, and Design Review Commission that they do not wish to assume lead agency status. Page 10 of 21 City Council Meeting 10/1/13 Mayor Johnson moved and Commissioner Madigan seconded for the City to assume lead agency status in the SEQRA determination of the Saratoga Hospital PUD amendment. Ayes - All Discussion and Vote: Determination of Significance Under SEQRA for Proposed Saratoga Hospital PUD Amendment (13-329) Mayor Johnson advised Part 1 has been completed and is part of the record. The Council agreed to waive the reading of Part 1. Kate Maynard of the Planning Department suggested changes to Part 1 as follows: page 8, question 25 should have architectural review and site plan review added; question C1 should have architectural review added here again. This should be added by the applicant for Part 1 and resubmitted by the applicant. Mayor Johnson confirmed it should be added as final submission and acceptance by the Council. Kate advised that is correct. Mayor Johnson read the proposed responses for Part 2 of SEQRA into the record as follows: Impact on Land: 1. Will the Proposed Action result in a physical change to the project site? Yes o Construction that will continue for more than 1 year or involve more than one phase or stage. Small to Moderate Impact  Can Impact Be Mitigated by Project Change? No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO 3. Will Proposed Action affect any water body designated as protected? (under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NO 4. Will Proposed Action affect any non-protected existing or new body of water? NO 5. Will Proposed Action affect surface or groundwater quality or quantity? NO o Other impacts: Full storm water analysis and protection be required. All storm water will be mitigated to DEC and City standards. 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? NO o Other impacts: Full storm water analysis and protection be required. All storm water will be mitigated to DEC and City standards. 7. Will Proposed Action affect air quality? NO 8. Will Proposed Action affect any threatened or endangered species? NO 9. Will Proposed Action substantially affect non-threatened or non-endangered species? NO Impact on Agricultural Land Resources: 10. Will Proposed Action affect agricultural land resources? NO Impact on Aesthetic Resources: 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B) NO o Other impacts: Identified as a City gateway location therefore DRC review is required. 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? YES Page 11 of 21 City Council Meeting 10/1/13 o Proposed action occurring wholly or partially within or substantially contiguous to any facility of site listed on the State or National Register of historic places. Small to Moderate Impact  Can Impact Be Mitigated by Project Change? No o Other impacts: DRC issued a favorable advisory opinion for proposed action and DRC architectural review will be required. Impact on Open Space and Recreation: 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14. Will Proposed Action impact the exception or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.4(g)? NO Impact on Transportation: 15. Will there be an effect to existing transportation systems? NO Impact on Energy: 16. Will Proposed Action affect the community’s sources of fuel or energy supply? NO Noise and Odor Impact: 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO Impact on Public Health: 18. Will Proposed Action affect public health and safety? NO Impact on Growth and Character of Community or Neighborhood: 19. Will Proposed Action affect the character of the existing community? Yes o Proposed action occurring wholly or partially within or substantially contiguous to any facility of site listed on the State or National Register of historic places. Small to Moderate Impact  Can Impact be Mitigated by Project Change? No o Other impacts: Planning Board issued a favorable advisory opinion for proposed action. Jobs will be created as a result of the action. 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO Mayor Johnson advised the Council does not need to proceed to Part III. Mayor Johnson stated it is reasonably determined that the project will not result in any large and important impact and therefore is one that will not have a significant impact on the environment; therefore a negative declaration will be prepared. Mayor Johnson moved and Commissioner Franck seconded to adopt the proposed recommendations, responses, as well as the issuance of a negative declaration under purposes of determination of significance under SEQRA. Ayes - All Discussion and Vote: Approval of Zoning Map and Text Amendments for Saratoga Hospital PUD Amendment (13-330) Page 12 of 21 City Council Meeting 10/1/13 Mayor Johnson advised the proposed amendment consists of the following: demolition of the Cramer House; construction of a 33,900 square foot surgical suite addition and modification of the PUD boundary to remove the property at 238 Church Street from the PUD. Steps need to be taken to classify the zoning of this parcel. Matt Jones of the Jones Law Firm and attorney for the applicant advised OMBD-2 is the preferred zoning for that location. Mayor Johnson stated he thinks it would be appropriate for that dedication. Mayor Johnson moved and Commissioner Madigan seconded for the City Council to adopt the proposed amendment to the Saratoga Hospital medical/professional PUD of the City of Saratoga Springs Code in a form next hereto and will direct the local law to be filed with the New York State Secretary of State forthwith. Ayes - All Discussion and Vote: Amend the Capital Program and 2013 Capital Budget – Safe Routes to School (13- 331) Mayor Johnson moved and Commissioner Franck seconded to amend the capital program and the 2013 capital budget for the Safe Routes to School item, which is 100% reimbursable grant from New York State in the amount of $246,617 under line item H3015112 / 52021 / 75959. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with NYS DOT for Safe Routes to School Grant (13-332) Mayor Johnson stated this grant is 100% reimbursable. The City will put the money out but will receive the full amount back from New York State. The amount is $246,617. This was in collaboration with the school district to allow people in the Geyser Crest community along Geyser Road to get from their homes to Geyser Road Elementary school. Mayor Johnson stated above is the motion and Commissioner Madigan seconded. Ayes - All Discussion and Set Public Hearing: Proposed Adoption of the Master Plan and Phase 1 – Waterfront Park Mayor Johnson stated this is to roll this matter out and set a public hearing. The City took up this project in late 2008. They were looking for a way to develop the parcel. They took members from the original committee and added to it. The result was a proposed master plan that was unveiled in 2009. Due to the economy, there wasn’t much that could be done back then and was put on hold. Efforts were taken to open the park and pave the road. The first match grant received was a $200,000 matching grant and a then we received a second matching grant of $325,000. We need to go through a SEQRA of the site and go through a master plan. New York State wants to know what our vision is for the parcel. Two conceptual drawings have been attached to the agenda. Phase I provides us with what the state needs to move forward. Brad Birge of the Planning Department explained the site is 3 tiered. The master plan is long term multi- year, multi-stage. The top area is envisioned to be a parking lot and scenic overlook; the middle stage is smaller and envisioned to be a passive lawn area and potential amphitheater; and the lower tier is by the lake with short term parking and beach front access for swimming. Mayor Johnson set a public hearing for Monday, November 4, 2013 at 6:50 p.m. Page 13 of 21 City Council Meeting 10/1/13 Discussion and Vote: Accept donation for the Visitor Center (13-333) Mayor Johnson moved and Commissioner Madigan seconded to accept the donation for the Visitor Center by Bob Ewell for $100. Ayes - All Appointment: Heritage Advisory Board Mayor Johnson re-appointed Roger Cauklins for another 3 years. Discussion: Update on Proposed and Estimated Revenue Sharing Under the NYS Full Gaming Proposal Mayor Johnson advised New York State has advised how they see revenue stream that could be produced by casino gambling and how it would be distributed. The numbers are significant. If Saratoga Springs was to have a full casino here, the projection is the City would receive about $5 million dollars per year. ACCOUNTS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Direct Energy for Natural Gas (13-334) Commissioner Franck advised the rate isn’t in the contract as it is determined on a day to day basis, like the utility rate contract. The rate for the natural gas contract if signed today is $5.1666/DTH. Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement with Direct Energy for natural gas rates as described. Ayes - All Discussion and Vote: Merit for Review of Beekman Street Art District Zoning and Map Amendment Referral for Concurrent Advisory Opinions to City Planning Board and County Planning Board (13-335) Commissioner Franck advised he is sponsoring this amendment to increase the size of the Beekman Street Arts District to attract a greater cluster of art establishments. He is also asking the Council to waive the fee with his sponsorship. Commissioner Franck moved and Commissioner Madigan seconded to refer the Beekman Street Art District zoning and map amendment for concurrent advisory opinions to the Design Review Commission, and the City and County Planning Boards. Commissioner Madigan asked if there is any other area in the City that would be affected by this change. Kate Maynard advised there is another parcel outside the Beekman Street corridor (Excelsior Spring Avenue) that exceeds the boundary. Mayor Johnson stated he has concern over the proposal in regard to how consistent it is with our current zoning that is in effect. Kate advised there has been little time for staff to review this latest iteration but there have been ongoing discussion with the Beekman Street Association for over the past year. The change contemplates the physical extension of the NCUD-1 designation as it almost doubles the size and requires substantive changes to the requirements of that district. She put forward to the Council that the Comprehensive Plan revision is underway. The City is looking to move forward more in the vain of form based zoning. This proposed amendment is increasing the area and a more traditional sense of zoning. Is this in concert with what they have called out for? Page 14 of 21 City Council Meeting 10/1/13 Commissioner Franck stated he met with Kate yesterday and she brought these issues up yesterday, so this isn’t new. Additionally, this is for opinion only; there is no vote being taken tonight to change zoning. It is unknown when the comprehensive plan will be completed. This is a minor tweak and all pre-existing properties. There was no problem to vote for a movie theatre with no parking; that was ok because it was a public benefit. This too is a public benefit. We have met the criteria to move this forward and hear what the professionals have to say. Commissioner Scirocco stated before the Arts District was developed, you couldn’t walk the streets over there. After the inception, the area improved 100%. This is definitely worth a look and he doesn’t want to see it go back to where it was. He believes it is a good idea to have this looked at. Commissioner Madigan stated they are only asking for an advisory opinion. This area is looking for a little help and to forward for an advisory opinion is acceptable at this point. Mayor Johnson stated he doesn’t disagree the area needs some assistance. His concern is the process that has taken them to this point. He is concerned with the waiver of the fee, it is a bad precedent. He also believes this is better handled through the comprehensive review. He recommended to the association that they take it to the Comprehensive Plan Committee. Commissioner Franck stated the fees the Mayor Johnson mentioned pale in comparison to what they have waived for many developers throughout the City. We are not making a decision tonight nor are we excluding the boards. Matt Dorsey, city attorney, advised upon reading of the Zoning Ordinance, if the action or application is brought by a Council member, there need not be a vote in regard to the merit for review. The vote would be to refer. Commissioner Franck stated merit was used in the title but he did not use it in his motion. Matt Dorsey also stated since the Commissioner is brining it forward be do not have to worry about a waiver for fees as a Council member he would not be charged fees. Commissioner Franck stated that too was not in his motion, he was just describing it before his motion. He restated the motion he previously said. Mayor Johnson stated he thought the motion was to waive the fee. Ayes - All Appointment: Commissioner of Deeds Commissioner Franck reported he is appointing Robert Holzman and Thomas Rinaldi, both firefighters, as commissioner of deeds. Award of Bid: City Hall Annex Roof and Masonry Repairs to Mid-State Industries, Ltd. (13-336) Commissioner Franck moved and Commissioner Madigan seconded to award the bid for the City Hall Annex Roof and Masonry Repairs to Mid-State Industries, Ltd. in the amount of $159,511. They were the lowest qualified bidder. Funding is in line H3031492 / 52000 / 1141. Ayes - All Award of Bid: West Avenue fire Station Roof Replacement to Titan Roofing (13-337) Page 15 of 21 City Council Meeting 10/1/13 Commissioner Franck moved and Commissioner Madigan seconded to award the bid for the West Avenue Fire Station Roof Replacement to Titan Roofing in the amount of $61,000. They were the lowest qualified bidder. Funding is in line H3146952 / 52000 / 1133. Ayes - All Announcement: Updated Voting District Locations Commissioner Franck advised that earlier this year, the City Council recommended and the Board of Elections approved the moving of polling districts. District 14 has been moved from the William H. Ford Center to the City’s recreation center on Vanderbilt Avenue; and districts 3, 4, 8, 9, and 25 have been moved from the Lincoln Baths back to the City Center. The Board of Elections will be sending out post cards to voters in these districts approximately 2 weeks before Election Day to remind them where their polling place is now located. Discussion: Enhanced and Senior STAR Exemptions Commissioner Franck advised that Senior citizens receiving Enhanced STAR benefits are not affected by the new registration requirement. In order for seniors to continue to receive Enhanced START benefits, they must: 1. apply annually or 2. participate in the income verification program. If there are any questions, please contact Margaret LoPresti in our Assessment Office at 587-3550 ext. 2552. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign SIEBA Agreement (13-338) Commissioner Madigan stated this agreement covers certain HIPPA laws and allows SIEBA to administer our accounts. Commissioner Madigan moved and Commissioner Scirocco seconded to authorize the mayor to sign the SIEBA agreement as distributed with the agenda. Ayes - All Discussion and Vote: Capital Budget Amendment – Safe Routes to School Grant (13-339) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 capital budget amendment for Safe Routes to School project which was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Mayor Johnson - Aye Discussion and Vote: Capital Budget Amendment – Water Treatment Plant Emergency Generator (13- 340) Commissioner Madigan advised this project has a time limit per the Department of Health. The City may be subject to fines if it does not comply. Page 16 of 21 City Council Meeting 10/1/13 Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 capital budget amendments for the Water Treatment Plant emergency generator, which was distributed with the agenda. Commissioner Scirocco stated it was in the 2013 capital budget. Roll Call: Commissioner Franck - Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Mayor Johnson - Aye Discussion and Vote: Bond Resolution - Water Treatment Plant Emergency Generator (13-341) Commissioner Madigan advised the amount is for $1.2 million dollars. The Council is being asked to approve the resolution that authorizes the Commissioner of Finance to finance the project as needed. Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 bond resolution for the emergency generator at the Water Treatment Plant as distributed with the agenda. Roll Call: Commissioner Franck - Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Mayor Johnson - Aye Discussion and Vote: Budget Transfers – City Center Contingency (13-342) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget transfers – City Center contingency, that were made available with the agenda materials. The current balance in the contingency line is $4,211.02; the remaining balance after this transfer will be $3,011.02. Ayes - All Discussion and Vote: Budget Transfers – Payroll (13-343) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Insurance (13-344) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget transfers – insurance which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Interfund (13-345) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – interfund which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendments – Interfund (13-346) Page 17 of 21 City Council Meeting 10/1/13 Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget amendments – interfund transfer, which were distributed with the agenda. Ayes – All Announcement: 2014 Comprehensive Budget Workshops Commissioner Madigan announced the following dates as times for the 2014 comprehensive budget workshops: Tuesday, October 8th at 1 p.m. to discuss the Mayor and Recreation Departments; Thursday, October 10th at 6:00 p.m. to discuss DPW and capital budget; Thursday, October 17th at noon to discuss the Accounts and Finance Departments; Wednesday, October 23rd at 5:30 p.m. to discuss the Department of Public Safety. There are additional workshops on Tuesday, October 29th at 6:30 p.m. and Thursday, October 31st at 1:00 p.m. Additional workshops will be scheduled as needed. The first public hearing is October 15th at 6:45 p.m. PUBLIC WORKS DEPARTMENT Discussion and Vote: Accept Donation – Bench (13-347) Commissioner Scirocco moved and Commissioner Madigan seconded to accept the donation of a bench from Jonathan and Michele Sperber in memory of Logan Sperber in the amount of $535. Ayes - All Discussion and Vote: Amend Capital Program and the 2013 Capital Budget for the Water Treatment Plant Emergency Generator (13-348) Commissioner Scirocco stated NYS DOH has mandated the City install an emergency generator at the Water Treatment Plant by December 31, 2013. Commissioner Scirocco moved and Commissioner Franck seconded to amend the capital program and the 2013 capital budget to add the Water Treatment Plant emergency generator to the capital program and amend the 2013 capital budget in the amount of $1.2 million for the Water Treatment Plant emergency generator. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Curbing Contract with Saint Peter’s Church (13-349) Commissioner Scirocco advised this is for the City to install 54’ of precast curbing at $20 per linear foot at 88 Regent Street. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a curbing contract with ST. Peter’s Church in the amount of $1,080. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Sidewalk Contract – Devra Cohen-Tigor (13- 350) Commissioner Scirocco advised this is for the City to install 150 square feet of sidewalk at $7 per square foot at 252 Caroline Street. Page 18 of 21 City Council Meeting 10/1/13 Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign a sidewalk contract with Devra Cohen-Tigor in the amount of $1,050. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Mid-State Industries, Ltd. (13-351) Commissioner Scirocco stated this project will provide a long term solution to the ongoing water damage to the City Hall annex. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Mid State Industries, Ltd. for the City Hall annex roof and masonry repairs in the amount of $159,511. Funding is in line H3031492 / 52000 / 1141. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Precision Environmental Solutions, Inc. – Water Treatment Plant (13-352) Commissioner Scirocco stated this agreement is for the removal of lead based paint in the remaining 2 filters at the Water Treatment Plant and to repaint them. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Precision Environmental Solutions, Inc. for the Water Treatment Plant in the amount of $29,325. Funding is in line H3638332 / 52000 / 1184. Ayes - All PUBLIC SAFETY DEPARTMENT Commissioner Mathiesen is not able to be here due to the death of a family member. Discussion and Vote: Commemoration of the 50th Anniversary of the Vietnam War This item was withdrawn from the agenda. Discussion and Vote: Authorization for Mayor to Sign Contract with Titan Roofing for the West Avenue Fire House Roof Replacement (13-353) Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Titan Roofing for the West Avenue Fire House roof replacement in the amount of $66,000. Funding is in line H3146952 / 52000 / 1133. Ayes - All Set Public Hearing: Amend City Code Chapter 225 Article 9, Section 225-77, Schedule XII; Stop Intersections Page 19 of 21 City Council Meeting 10/1/13 This item was withdrawn from the agenda. Set Public Hearing: Amend City Code Chapter 225-94, Schedule XXIX; Alternate Side of the Street Parking to Everyday During the Saratoga Thoroughbred Racing Meet This item was withdrawn from the agenda. Announcement: Public Safety Forum on Late Night Noise and Other Public Safety Issues on October 24th at 7 p.m. in the City Council Room Mayor Johnson announced that the next Public Safety forum will be held on October 24th at 7 p.m. in the City Council Room. Discussion: Resolution to Accept Purchase Offer of 500 Broadway (Collamer Parking Lot) from The Algonquin Building LLC & for the City to Purchase Tax Parcel 179-3-1 on Union Avenue This item was withdrawn from the agenda. Discussion: State Liquor Authority Approval for Last Call Change for Essex and Warren Counties This item was withdrawn from the agenda. SUPERVISORS Joanne Yepsen NYSAC Conference Report Supervisor Yepsen reported the NYSAC Conference was held in Saratoga last week. They drafted a 7 point legislative program that will go before the NYSAC program. The last session, by Howard Glaser, the governor’s operation manager, presented information on the Casino bill and how it would impact the counties. One full casino will be located in the Capital Region if the referendum passes in November. If Saratoga is chosen as the host county, that would include $11.4 million of which $5.7 goes to the City on top of what we are already receiving. If Saratoga County was not selected and become a surrounding county, we would get a minimum of $4.6 million for the county. Sports Tourism Supervisor Yepsen reported she attended the I Love New York Sports Tourism session. We have the potential for even more of an economic impact. Vietnam Commemorative Committee Supervisor Yepsen withdrew this item from her agenda. October County Meetings Supervisor Yepsen reported County Board meetings are always open to the public. Matthew Veitch Update: NYSAC Conference Page 20 of 21 City Council Meeting 10/1/13 Supervisor Veitch reported he attend the NYSAC Conference. They asked the State to amend the SAFE Act; asked the state to support marine patrols by county sheriff offices; and they asked for a revamp of the 911 surcharge for cell phones. Update: Saratoga County Long-Range Capital Program Supervisor Veitch reported they were given $13,646,593 in requests and approved $11,414,093. The technology and infrastructure committee has approved the re-wiring of the County so IT infrastructure will meet the needs of growth. Announcement: Saratoga County Office for the Aging Public Hearing Supervisor Veitch reported a public hearing will be held on Oct 30th from 1 – 3 pm on all of its programs. ADJOURNMENT Mayor Johnson moved and Commissioner Madigan seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:28 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 11/4/13 Vote: 5 - 0 Page 21 of 21