City Council

September 15, 2015 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 7:00 PM 6:45 PM – P.H. – Zoning Text Amendment for Saratoga National Golf Course 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. Revenue Study CONSENT AGENDA 1. Approval of 8/31/15 Pre Agenda Meeting Minutes 2. Approval of 9/1/15 City Council Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Revenue 5. Approve Budget Transfers – Regular 6. Approve Payroll 09/04/15 $527,956.50 7. Approve Payroll 09/11/15 $493,732.23 8. Approve Warrant: 2015 Mid – 15MWSEP1: $83,883.17 9. Approve Warrant: 2015 Mid – 15MWSEP2: $50.10 10. Approve Warrant: 2015 REG – 15SEP2: $944,421.53 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval of the Saratoga Springs Recreation Department Cards 2. Discussion and Vote: Approve the Saratoga Springs Recreation Department Computer Lab Rules of Conduct 3. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Time Warner Cable 4. Announcement: Saratoga Springs Recreation Department Announcements, Programs & Registration 5. Discussion and Vote: Approval of Resolution on Apprenticeship Program 6. Discussion: Golf Resort Definition 7. Discussion and Vote: Consideration of SEQRA Lead Agency Status of Golf Resort Zoning Text Amendment 8. Approval for Easement for 2 N. Circular – Bazaar 9. Discussion and Vote: Approval for Easement for 26 Washington Street - Bethesda Church 10. Discussion and Vote: Approval of Sale of City Owned Land to Timothy Yates 11. Announcement: Grants 2 U ACCOUNTS DEPARTMENT City Council Meeting 9/15/15 1. Award of Bid: Pinewood Avenue Sewer Improvements to Jablonski Excavating, Inc. 2. Award of Bid: Vernon Rink Lower Roof Replacement to AMZ Construction Services, Inc. FINANCE DEPARTMENT 1. Discussion and Vote: “Next Century Cities” 2. Set Public Hearing: 2016 Comprehensive Budget 3. Discussion and Vote: Budget Transfers – Payroll 4. Discussion and Vote: Budget Amendments – Benefits 5. Discussion and Vote: Budget Amendment – Assignment for Centennial PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Annual Renewal Letter and 2015 – 2016 Court Cleaning Contract 2. Discussion and Vote: Authorization for the Mayor to Sign Agreement with AMZ Construction Services, Inc. for Vernon Rink Lower Roof Replacement 3. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Jablonski Excavating for Pinewood Avenue Sewer Improvements 4. Discussion: Department of Public Works Updates PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Accept Donation from NYRA 2. Announcement: Public Safety Forum on September 30, 2015 in the City Council Room at 7:00 PM 3. Discussion: Executive Session SUPERVISORS Matthew Veitch 1. Saratoga County Sewer District Director 2. Saratoga County Animal Shelter 3. Citizen Preparedness Training – 9/26 4. Workforce Development Board Peter Martin 1. Runaway Youth Safe Harbour Grant 2. County Delinquent Tax Property Auction 3. Deceased Veteran’s Ceremony 4. Freedom from Workplace Bullies Week ADJOURN Page 2 of 16 City Council Meeting 9/15/15 September 15, 2015 PRESENT: Joanne Yepsen, Mayor CITY OF SARATOGA SPRINGS John Franck, Commissioner of Accounts City Council Meeting Michele City Council Room Madigan, Commissioner of 7:00 PM Finance Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS STAFF PRESENT: Joe Ogden, Deputy Mayor Maire Masterson, Deputy Commissioner, Accounts Lynn Bachner, Deputy Commissioner, Finance Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Vincent DeLeonardis Matthew Veitch, Supervisor Peter Martin, Supervisor 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 HEARINGS Zoning Text Amendment for Saratoga National Golf Course Mayor Yepsen opened the public hearing at 6:47 p.m. Commissioner Franck stated the applicant, Saratoga National, has requested a modification in legislation that will go back to the Planning Board for an advisory opinion. We will have additional public hearings on this prior to a City Council vote. Updates to the legislation were received as recent as today. Mike Toohey, attorney for the applicant, stated what is before the Council has nothing to do specifically with Saratoga National Golf Course; it is a general modification to the Zoning Code of the City of Saratoga Springs. They are introducing the concept of ‘golf resort’. Anything that would be done, if passed, would continue to have SEQRA review and review of the City Planning Board. Any golf resort has to be on 300 contiguous acres of land. Within any development, buildings would have to be clustered and in a permeable area; and be at least 3,000 feet from the primary road entrance. They are hearing the community say there would be too much acreage for development purpose. Saratoga PLAN has agreed they will use their not-for-profit status to monitor and control the conservation easements that will be given. They are proposing the greenest possible project the City has ever seen. There will not be any vistas, there will be no homes clustered or on 2 acre parcels. Bonnie Sellers of Fifth Avenue stated the idea of a golf course complex on the land where Saratoga National is has been talked about for almost 70 years. If we don’t continue the open door policy we won’t be here. We need to put things in perspective. Others have cleared land to build their homes. Page 3 of 16 City Council Meeting 9/15/15 Bob Jordan of 43 York Avenue stated he found Saratoga in 1969. We were fortunate to have people like Ed Lewi who saw what Saratoga could be. Compromise has brought Saratoga to where it is today. The city in the country gives us a great quality of life that can only get better. This proposal appeals to him. He feels this compromise should be accepted. Phil Kline of 29 Walter Drive stated he served on the City Planning Board twice. They have seen some many developments come in during his time on the Planning Board; especially in the outer district. We need to do this to be able to compete. This will draw people to this community and they will still go downtown to shop and eat. Sam Palazzole of Campion Lane stated he urges the Council to approve this. If you approve this, it looks like revenue going to the City for taxes and not a burden on the Fire Department and school system. Tim Provost of 16 Longwood Drive stated he is a strong supporter of this project. It is already a beautiful sight and entry into our City from that direction. When he and his wife like to do destination golfing and they go into the communities of those resorts. Valerie Muratori of 288 Caroline Street stated she agrees with the previous speakers regarding this project. They are willing to partner with the City. Bob Manz of Crescent Avenue stated he has enjoyed the sights and sounds of Saratoga National for many years. As a tourist town, you look positively towards a 5 star resort. The resort can only be put where the zoning allows a golf club. Mike Bellack of 132 Nelson Avenue stated he is here to speak in favor of this proposal. The decision tonight is between a ‘no’ and a ‘maybe’. Joe Geiger of Waterview Drive stated he supports the change that has been proposed. Lisa Barber of 9 Emerald Lane stated the Saratoga National property is the most beautiful property. The Council should listen to more people. Mike Okby of 79 Fifth Avenue stated one of the first Council meetings he attended was a discussion about the Pyramid Mall and how that was going to put downtown out of business. He urged the Council to vote for the proposal. Theresa Capozzola of Gilbert Road stated it has been said people have to build bigger and more dense in the downtown and leave the outside rural. We have had a lot of development and no one’s taxes have gone down. Saratoga National has already given 130 acres in a conservation easement and everyone is acting like they are giving this as a brand new gift; they gave everything to get their golf course. No one is remembering the restriction of no hotels in the greenbelt. The Comprehensive Plan was just passed and it states destination resorts in the rural areas will be discouraged and the rural areas will remain green. How can the City Council do the opposite? She asked if the Council favors a resort hotel and all that comes with it in a rural residential area. Denise Graminski of 22 Conver Drive stated the rural greenbelt is already threatened without any additional structure, services, or traffic. Gilbert Road has become a convenient mini highway. In addition to all the pleasure people will have there will be tragedy. Marcus Fuller of 75 Arrowhead Road stated the town needs to remember its past. He strongly asks the Council to amend this. Matthew Dalton of Saratoga Springs stated he is here to show his support of Saratoga National. Rich Flaherty of 9 Saddle Brook Drive stated he is fully for this. They have been great neighbors. Page 4 of 16 City Council Meeting 9/15/15 David Normoyle of 1 Webster Street stated Saratoga Springs is comfortable to use its past as a guide. The first intended golf course was intended to be a year round resort on Lake Lonely. Lisa Kosek of 3104 Rt. 9N stated a lot of things haven’t been mentioned. How close are we to watersheds over there? She is not seeing that residential usage would be any better. If watersheds are altered it is going to cost a lot more. John Veitch of 1 Springwood Drive stated he is in support of this. They just want to add a little diversity to bring in the people who don’t come to Saratoga now. Jack Wallace of 32 Maple Dell stated it is hard to take the zoning seriously when immediately an exception is made to the zoning. The folks who are promoting it say the people who oppose it don’t want any development. The group that is promoting this (PAC) is a group of developers, lawyers of the developers, and banks of the developers. The idea of a small group of people with loads of money dominating the politics of a city’s residents to get the officials who support them elected throws democracy out the window. He hopes the Council would maintain consistency with the plan and not start making exceptions. John Munter of 515 Sodeman Road in Middle Grove stated he is in favor of this plan. They are business people that do business here and are heavily invested in this City. He sees a well organized minority who has carried a lot of voice; which isn’t fair for our democratic system. We need to have respect for people who have established themselves in this community and have done a respectable job. Russ Pittenger of George Street stated he is confused about the proposal in front of the Council and the project. He is afraid the language opens up possibilities for more development in the greenbelt. Harry Moran, chair of Sustainable Saratoga, stated they submitted comments to the Council last week regarding this. They published their positions and concerns on the website. They say no to this as it would permit high density land uses in the greenbelt where only low intensity is allowed. The uses in the proposal are not in conformance with the 2015 Comprehensive Plan. Michael Gentile of Echo Ridge Drive stated he has watched developments go up in his backyard. He has seen Lake Lonely change due to the chemical run off of the golf course. Now they want to eat up the greenbelt one project at a time. Cyndi Hollowood of 144 Fifth Avenue stated she is involved in Saratoga PAC but not here as a PAC member. She has general concern about over building of hotel rooms in Saratoga Springs but the proposed expansion of Saratoga National is unique. It is supported as studies have shown overnight business is being lost to the Otesaga, the Equinox, and the Sagamore. This is business our local hotels are not going to get because we don’t have a 5 start hotel. Dan Fortier of Queensbury, stated he is here in support of Saratoga National. He has opened 2 hotels here as general manager. The City has had demands and reasons to hotels become successes. The concerns people have about traffic did not all come from Saratoga National; it is so far off the road in a great location. Patrick Pipino of 28 Lexington Road stated he rose in support of this issue in the past. He is here to continue to support this proposal. He thinks this is a win/win for the City. John Kaufmann of 44 White Street stated Saratoga National was supposed to do an easement that involved a nature trail. The west trail doesn’t exist. Saratoga National assured this community there would be minimal impact as they would only be 3 major events per season. No one is monitoring the number of events they are having. Robert McTague 296 Nelson Ave stated he doesn’t think this golf course is going to draw business for downtown. He doesn’t trust these people with Saratoga PAC supporting them. Page 5 of 16 City Council Meeting 9/15/15 Suzanne Kwazniewski of White Street stated Cooperstown has been mentioned tonight. The reason Cooperstown is beautiful is because they don’t mess with their comprehensive plan. Comprehensive Plan and zoning exist for a reason. Saratoga National exists because a special use permit was granted. When does the interest of average working people come first? Steve Samuel of Wedgewood Drive stated he has been involved in the Comprehensive Plan over the past year. He encouraged the Council to reject the proposal. David Collins of Greenfield was born and raised in Saratoga Springs. This is a logical solution for something that already exists. Todd Garafano, president of Saratoga Convention and Tourism Bureau encouraged the Council to vote in favor of this. David Bronner of 5 Royal Henley Court stated he strongly encourages the Council to approve this change. We need a 5 star hotel in this town. This City Council is in favor of a fire house in the greenbelt on the east side. Roger Goldsmith, downtown business owner and Lake Lonely resident, stated if this goes through it would be a premier establishment. His question is why a 5 star resort needed. He has not heard of any hardship. Jeanette Kado-Marino of Jackson Street thanked the Council for holding to the Comprehensive Plan. She asked the Council to not allow a change to that area. Oksana Ludd of 4 Blueberry Way stated this is a change forever. She is not supportive of this as it does not fit with the Comprehensive Plan. Clem Marino of 35 Jackson Street stated he is not in favor of this. Peter Lee of 7 Mystic Lane stated traffic is not going to get better with a 5 star hotel. John Safford of 49 Sutton Street asked why is this taking so long to get to this point. It is something to think about for the Council making decisions. Mike Gentile of 11 Echo Ridge Drive stated he is skeptical of this proposal. Saratoga is unique and should be kept that way. Darlene McGraw of Saratoga Springs stated there are more important things in Saratoga than Saratoga National. Jane Weihe of 44 White Street stated there is a proposal that claims not to violate our comp plan yet there is a comp plan change needed for it. She doesn’t believe there is a compromise that is going to work. Peter Travares of Saratoga National Golf Club reminded everyone of how many relationships they forged. They want to continue with their vision. Kim Fonda of 4 Peck Avenue stated when the golf course project originally came about they knew this was a greenbelt area. She doesn’t believe all the ethics are on the table. Marilyn Miller of Crescent Avenue stated she is against the project. There are no new issues; it’s the same project. Colin Klepetar of Waterbury Street stated he is against this project. You are losing the young people in this community. You know we don’t need this as the studies say we do. Page 6 of 16 City Council Meeting 9/15/15 Mayor Yepsen concluded public hearing at 8:26 p.m. and left it open. Mayor Yepsen stated she has received a number of e-mails and has submitted them into the record. Commissioner Mathiesen stated they already have the ability to put in a year round golf academy. Saratoga National is a compromise as it exists today. There are lots of ways to cash in on our greenbelt but it is better for the City overall to maintain the standards that we have. CALL TO ORDER Mayor Yepsen called the meeting to order at 8:37 p.m. PUBLIC COMENT Mayor Yepsen said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each. Mayor Yepsen opened the public comment period at 8:38 p.m. Colin Klepetar of Waterbury Street stated Save Saratoga wanted to thank this group of elected officials for supporting the citizens of this community regarding the casino. He submitted copies of over 5,000 signatures against the casino. David Bronner of 5 Royal Henley Court stated everyone agrees we need to do something for emergency response on the east side. We are no safer today that when all this started. There is no water line there or sewer line; they will have to be run to build a fire station. Also, there are street signs that are missing out there. Mark Mincher of 186 Geyser Road stated he is here in support of the apprenticeship program in the City. Pat Gill of Saratoga Springs is in support of the apprenticeship program. Dave Krusky is in support of the apprenticeship program. Vince Vay of Saratoga Springs is in favor of the apprenticeship program. John Sullivan of Saratoga Springs stated he is in support of the apprenticeship program. Mike Lyons of 3 Troon Court Saratoga Springs stated he is in support of the apprenticeship program. Phil Doby of Malta Avenue and retire business agent is in favor of the apprenticeship program. Darlene McGraw of Saratoga Springs stated we don’t need any more hotels, condos, or parking lots. Lou Schneider of Saratoga Springs asked the Council if the City has looked into any competitive cable companies like Verizon. Phil Stingline of Milton and an agent for the sheet metal workers Local 83 stated he supports the apprenticeship program. Theresa Capazzola of Gilbert Road thanked Sustainable Saratoga for their hard work. Mayor Yepsen closed the public comment period at 8:54 p.m. Page 7 of 16 City Council Meeting 9/15/15 Commissioner Mathiesen stated the east side station was done due to a need. Their number 1 priority is public safety. He would like to hear proposals for interim proposals are for fire/EMS. The Council took a break at 8:57 p.m. The Council returned at 9:04 p.m. PRESENTATION Revenue Study Commissioner Madigan introduced Dan Stevens and Michael N’dolo of Camoin Associates. They are here to present a revenue study for the City of Saratoga Springs. The research is for the Council to consider and use to make decisions for the City and are recommendations only. (copy of powerpoint attached) Michael N’dolo stated they were asked to identify revenue sources for the City other than raising taxes. This study is about what the Council could do; not what should the Council do. They are presenting facts to base their decisions on. There are a number of major revenue sources; some new to the City and other existing. The City could do things like - on street paid parking; paid parking in garages; stormwater usage fees; fee in-lieu of parking; a second ambulance; and ad sales. Dan Stevens reviewed the minor revenue options. They include things such as yard waste fee; engineering inspection fees; rental of Canfield Casino for 2 events per day; advertising on non-emergency vehicles; parking ticket collections; rentals at Waterfront Park; and rate schedules for police officers at special events. Commissioner Franck stated advertising on vehicles was discussed in years past. Mayor Yepsen asked if it is known what the estimated cost is to implement some of these ideas. Commissioner Madigan advised that was not a piece that was included in the analysis. If the Council is interested in any of these ideas, they can take it to the next step. Commissioner Franck suggested giving this study to the Revenue Committee that Commissioner Madigan mentioned in the past and have them look into this. Commissioner Mathiesen stated our tax payers are bearing the cost to maintain the parking garages. CONSENT AGENDA Mayor Yepsen moved and Commissioner Madigan seconded to accept the consent agenda as follows: 1. Approval of 8/31/15 Pre Agenda Meeting Minutes 2. Approval of 9/1/15 City Council Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Revenue 5. Approve Budget Transfers – Regular 6. Approve Payroll 09/04/15 $527,956.50 7. Approve Payroll 09/11/15 $493,732.23 8. Approve Warrant: 2015 Mid – 15MWSEP1: $83,883.17 Page 8 of 16 City Council Meeting 9/15/15 9. Approve Warrant: 2015 Mid – 15MWSEP2: $50.10 10. Approve Warrant: 2015 REG – 15SEP2: $944,421.53 Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Approval of the Saratoga Springs Recreation Department Cards (15-325) John Hirliman of the Recreation Department advised there are multiple cards being used for City resident, school district resident, or out of the school district. This application will provide one source for the people to complete. It helps the staff to identify the appropriate fee for the user. They are looking to implement November 4, 2015. Mayor Yepsen moved and Commissioner Mathiesen seconded to approved the application form for the Recreation Department resident cards which was distributed with the agenda. Ayes – All Discussion and Vote: Approve the Saratoga Springs Recreation Department Computer Lab Rules of Conduct (15-326) John Hirliman advised they are going to open their computer lab this fall. There will be 10 stations in their computer room. Mayor Yepsen moved and Commissioner Franck seconded to adopt the Recreation Department’s computer lab rules of conduct as distributed with the agenda. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Time Warner Cable (15-327) John Hirliman stated this is for additional internet service – Wi-Fi hot spot. This is a separate internet service and not on the City’s server. The cost is $59.99 per month for 36 months plus free Wi-Fi for 1 hour use. Mayor Yepsen moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Time Warner for additional internet service at the Recreation Center as distributed with the agenda. Ayes – All Announcement: Saratoga Springs Recreation Department Announcements, Programs & Registration John Hirliman stated they are registering for volley ball, field hockey, bitty basketball, and ice skating. Discussion and Vote: Approval of Resolution on Apprenticeship Program (15-328) Mayor Yepsen stated this has been under discussion for a while. The resolution has been modified based upon comments from various departments, unions, and our community. The final resolution is up for vote. The resolution is as follows: REQUIRING CONTRACTORS AND SUBCONTRACTORS ON CITY OF SARATOGA SPRINGS CONSTRUCITON PROJECTS OF $500,000 OR MORE TO PROVIDE APPRENTICESIP TRAINING PROGRAMS Page 9 of 16 City Council Meeting 9/15/15 WHEREAS, Current New York State Law does not compel any governmental entity that is party to a construction contract to require that any contractors or sub-contractors participate in apprenticeship training programs approved by the State Commissioner of Labor; and WHEREAS, the New York State Legislature adopted Article 23 of the New York State Labor Law in 1961, to authorize the State Commissioner of Labor to develop standards for apprenticeship training and a process for certifying programs which meet said standards; and WHEREAS, the promotion of apprenticeship training programs expands the pool of skilled workers by providing many residents the means to earn a decent living and creates opportunities for local residents, thereby fostering the local and regional economy; and WHEREAS, legislation has been offered and signed into law in the State Senate (S.5355-A) and the State Assembly (A.8612-A) to amend the labor law which grants governmental entities the authority to require contractors and sub-contractors, parties to construction contracts within the City of Saratoga Springs, to have an Approved New York State Apprenticeship Program; and WHEREAS, it is the belief of this Council that these apprenticeship programs are a valuable tool to provide training opportunities for young people in the skilled construction trades and help them secure a promising future; and WHEREAS, it is in the best interest of the City of Saratoga Springs to afford opportunities for training in the appropriate building trades on City of Saratoga Springs construction projects and more under the provisions of Section 816-b of New York State Labor Law; and WHEREAS, the City of Saratoga Springs desires to implement the aforementioned labor law addition, new Section 816-b, which further provides authority to governmental entities to require that before entering into a construction contract with a contractor or sub- contractor, the contractors must have an Approved New York State Apprenticeship Program by the New York State Commissioner of Labor; Now Therefore Be It: RESOLVED, that the City of Saratoga Springs hereby establishes its policy to promote apprenticeship training as authorized by Section 816-b of the New York State Labor Law; and be it further RESOLVED, the term “construction contract” shall mean any contract which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility or physical structure except for any infrastructure and/or site improvements; and be it further RESOLVED, the terms “contractor or sub-contractor” shall mean a contractor or sub-contractor of any tier which directly employs labor under a construction contract for which an apprenticeship program has been approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law; and be it further RESOLVED, that the City of Saratoga Springs hereby requires any contractor on a project in excess of $500,000.00 aggregate, at the time of bid date and prior to entering into a construction contract with the City of Saratoga Springs, or any sub-contractor on such a project with a sub-contract in excess of $100,000.00 aggregate, at the time of bid date and prior to entering into a sub-contract with a contractor who has a construction contract with the city of Saratoga Springs on a project in excess of $500,000.00 aggregate, to have apprenticeship agreements traditionally and historically appropriate for the type and scope of work to be performed, which have been registered with, and approved by, the New York State Commissioner of Labor; and be it further RESOLVED, that the City of Saratoga Springs shall promulgate such rules and regulations as necessary and appropriate for the implementation and enforcement of any provisions of this resolution; and be it further RESOLVED, that this Resolution shall apply to construction contracts advertised for bids on or after the effective date of _________________, 2015; and be it further RESOLVED, that this Resolution shall be effective for a period of one( 1) calendar year after its effective date at which time the council may resolve to take action to renew this requirement; and be it further RESOLVED, that if any clause, sentence, paragraph, subdivision, section or part of the resolution or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this resolution, or in its application to the person, Page 10 of 16 City Council Meeting 9/15/15 individual, corporation, firm, partnership, entity or circumstance, directly involved in the controversy in which such judgment or order shall be rendered; and be it further RESOLVED, that the Saratoga Springs City Clerk is directed to forward certified copies of this resolution to the appropriate City Officials. Mayor Yepsen moved and Commissioner Franck seconded to adopt the resolution requiring contractors and sub-contractors doing business with the City of Saratoga Springs to have an approved apprenticeship program subject to certain thresholds as distributed with the agenda. Commissioner Scirocco stated he was glad to see the threshold was raised from $250,000 to $500,000. He will be supporting this. Commissioner Madigan asked how this will be monitored. Vince had mentioned an envelope process. Vince DeLeonardis, city attorney, advised the use of a 2 envelope system would ensure compliance with the apprenticeship program. When the City receives RFPs, they will be received in 2 envelopes with the outer envelope indicating they have met certain criteria. Once they meet the initial criteria; then the second envelope be opened which would contain the actual bid. Ayes – All Discussion: Golf Resort Definition Mayor Yepsen asked Brad Birge of the Planning Department to provide an overview of where the Council is in the process and where they are in the next steps. Commissioner Mathiesen asked if it would be more efficient to get a sense of where the Council stands on this and take a vote before going any further. Mayor Yepsen stated another version of the proposal was received today from the applicant. It is hard to go into establishing lead agency at this point when we haven’t looked at the new language or determined if we want to go forward with the new language. Commissioner Scirocco asked if the Council could vote to say yes or no to this amendment. Brad Birge stated the proposals to amend the zoning ordinance that it is a discretionary legislative act that only the Council has authority to do. To do this the Council first has to determine if a change has merit for review; it if does not there is no need to go any further in the process. Following the merit for review it goes for 2 required advisory opinions – City Planning Board and Saratoga County Planning Board. Following those advisory opinions, the Council is required to hold at least one public hearing, then a SEQRA analysis, and then you take action. The Council was originally presented with an application that had a zoning amendment relating to a golf clubhouse. The Council sent it to the Planning Board after determining it had merit and the Planning Board came up with modified language that describes a golf resort. They found that to be consistent with the City’s Comprehensive Plan. The Council ultimately has to make that distinction. The subject of the public hearings was on the golf resort that came out of the Planning Board discussion. A modification was received to that recently. Now it is up to the Council again to determine if it has merit for review, based upon these changes, to forward for advisory opinion again from the City and County Planning Boards. Commissioner Madigan stated they haven’t looked at the language to determine they want to send it on. Tony Izzo, assistant city attorney, stated any proposed amendment has to follow this procedure. Commissioner Franck stated they should read the recent change before they vote on its merit. He doesn’t think they can vote on this tonight. Page 11 of 16 City Council Meeting 9/15/15 Commissioner Mathiesen stated they have the option to have this die right here. He is being told there is considerable change with the most recent amendment submitted. So does the current amendment supersede the amendment that went for advisory opinion? Mayor Yepsen stated per Mark Schactner, if there is a modification that has enough changes it has to go back to the Planning Board. Commissioner Mathiesen stated he is hearing Commissioner Franck say he would like to review the most recent amendment before determining if it has merit to go forward. He is ok with that. Discussion and Vote: Consideration of SEQRA Lead Agency Status of Golf Resort Zoning Text Amendment Mayor Yepsen pulled this item from her agenda as they need to determine if the proposed change received today has merit for review by the City Planning Board. Approval for Easement for 2 N. Circular – Bazaar (15-329) Tony Izzo, assistant city attorney advised this item and the next relate to individuals owning property that encroaches into the City right of way. These encroachments are only a couple feet. Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Allan and Meghan Bazaar that was distributed with the agenda containing the terms and conditions for the granting of an easement at 2 North Circular Street. Ayes – All Discussion and Vote: Approval for Easement for 26 Washington Street - Bethesda Church (15-330) Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with the Bethesda Episcopal Church of Saratoga Springs that was distributed with the agenda containing the terms and conditions for the granting of an easement of 26 Washington Street. Ayes – All Discussion and Vote: Approval of Sale of City Owned Land to Timothy Yates (15-331) Tony Izzo stated a resident approached the City to purchase a piece of land owned by the City. The Real Estate Committee has vetted this proposal. Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor sign an agreement in quick claim deed with Timothy Yates which was distributed with the agenda for the sale of a portion of property known as tax map #192.12-1-48.1. Ayes – All Announcement: Grants 2 U Mayor Yepsen announced the Grants 2 U program is happening later this month at Skidmore College. ACCOUNTS DEPARTMENT Award of Bid: Pinewood Avenue Sewer Improvements to Jablonski Excavating, Inc. (15-332) Page 12 of 16 City Council Meeting 9/15/15 Commissioner Franck moved and Commissioner Madigan seconded to award the bid for the Pinewood Avenue Sewer Improvements to Jablonski Excavating, Inc. for an amount not to exceed $318,000.00. Funding is in lines: H3638122 / 52000 / 1137 and H3638112 / 52000 / 1183. Ayes - All Award of Bid: Vernon Rink Lower Roof Replacement to AMZ Construction Services, Inc. (15-333) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Vernon Rink Lower Roof Replacement to AMZ Construction for an amount not to exceed $106,900. Funding is in lines: H3567182 / 52000 / 1193 and H3031492 / 52000 / 1141. Ayes - All FINANCE DEPARTMENT Discussion and Vote: “Next Century Cities” (15-334) Commissioner Madigan stated this is a non-profit organization. If the Council agrees to the 6 principles, the City will join a membership of about 100 municipalities. There is no cost for this resource. The principles are: high speed internet; internet is non-partisan; communities enjoy self-determination; high- speed internet is a community wide endeavor; meaningful competition drives progress; and collaboration benefits all. Commissioner Madigan moved and Commissioner Franck seconded to approve Next Century Cities 6 principles as distributed with the agenda and thereby joining its membership roster. Ayes - All Set Public Hearing: 2016 Comprehensive Budget Commissioner Madigan set a public hearing for Tuesday, October 20th at 6:45 p.m. Discussion and Vote: Budget Transfers – Payroll (15-335) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2015 budget transfers – payroll which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Benefits (15-336) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2015 budget amendments – benefits which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendment – Assignment for Centennial (15-337) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2015 budget amendment – assignment for Centennial which were distributed with the agenda. Page 13 of 16 City Council Meeting 9/15/15 Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Annual Renewal Letter and 2015 – 2016 Court Cleaning Contract (15-338) Commissioner Scirocco advised this is an annual contract for a period from April 1, 2015 – March 31, 2016. The proposed budget is $28,932. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign the renewal agreement and letter between the Unified Court System and the City of Saratoga Springs for court cleaning and minor repairs. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement with AMZ Construction Services, Inc. for Vernon Rink Lower Roof Replacement (15-339) Commissioner Scirocco advised this agreement is for the replacement of the existing medal roof, replacement of the existing HVAC, and power washing. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with AMZ Construction Services for the Vernon Rink lower roof replacement project in the amount of $106,900. Funding is in lines: H3567182 / 52000 / 1193 and H3031492 / 52000 / 1141. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Agreement with Jablonski Excavating for Pinewood Avenue Sewer Improvements (15-340) Commissioner Scirocco advised this is for the sanitary sewer replacement. The project includes replacing approximately 1,400 linear feet of 6 inch clay sewer pipe and manholes with new 8 inch PVC pipe. DPW will be providing milling and a new top coat to assist with keeping the costs down. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Jablonski Excavating, Incorporated for the Pinewood Avenue sewer improvements project in the amount of $331,872. Funding is in lines: H3638122 / 52000 / 1137 and H3638112 / 52000 / 1183. Ayes - All Discussion: Department of Public Works Updates Commissioner Scirocco pulled this item from his agenda. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Accept Donation from NYRA (15-341) Page 14 of 16 City Council Meeting 9/15/15 Commissioner Mathiesen stated this is an annual donation to offset the cost of the August traffic controllers at the race track. Commissioner Mathiesen moved and Commissioner Franck seconded to accept a donation of from the New York Racing Association in the amount of $16,000. Ayes – All Announcement: Public Safety Forum on September 30, 2015 in the City Council Room at 7:00 PM Commissioner Mathiesen advised the next Public Safety forum will be September 30th at 7 p.m. in the City Council Room. Discussion: Executive Session Commissioner Mathiesen stated there was a recent article in the paper by a candidate for mayor. This person states the Council goes into executive session to keep from being transparent. He read the various reasons permitted to enter into executive session. He expressed the comments made in the article wasnot fair to the mayor, city attorneys, and the Council as a whole. SUPERVISORS Matthew Veitch Saratoga County Sewer District Director Supervisor Veitch reported they hired a new Saratoga County Sewer Director; Dan Rourke. Dan is a professional engineer. Saratoga County Animal Shelter Supervisor Veitch reported a new director has been hired. Jason Hayes is currently the operations director at the Mohawk Hudson Humane Society. Citizen Preparedness Training – 9/26 Supervisor Veitch reported this training program is for the public/volunteers who would like to respond to national disasters. Registration for the class is required. Workforce Development Board Supervisor Veitch reported the Workforce Training and Development Department is now governed by the Workforce Innovation and Opportunity Act. The Workforce Development Board has a slightly new make- up. Supervisor Veitch added one item - Deceased Veteran. He reported they honored James A. Smith, Jr. from the Town of Greenfield. He was highly decorated from WWII. Peter Martin Runaway Youth Safe Harbour Grant Page 15 of 16 City Council Meeting 9/15/15 Supervisor Martin reported the County received a $35,000 grant for Runaway Youth Safe Harbour. They will be conducting outreach training. County Delinquent Tax Property Auction Supervisor Martin reported the County held its auction for property taxes today. Deceased Veteran’s Ceremony Supervisor Martin reported Supervisor Veitch covered this. The ceremony in November will be special to Saratoga Springs as the recipient is Gene Corsale. Freedom from Workplace Bullies Week Supervisor Martin reported the County set the week of Oct 18-24 to heighten awareness. It affects women more than men. Supervisor Martin also mentioned they received from the Warren County Tourism Office maps of the Upper Hudson Riverfront. ADJOURNMENT There being no further business, Mayor Yepsen adjourned the meeting at 11:16 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 10/6/15 Vote: 5 - 0 Page 16 of 16