City Council

December 4, 2018 CITY OF SARATOGA SPRINGS City Council Meeting City Center Broadway 7:00 PM 6:55 PM P.H. – Amend Chapter 118 of the City Code – Inspection of Parking Structures 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATIONS 1. Saratoga Springs Preservation Foundation: Historic District Economic Impact Study 2. Complete Streets CONSENT AGENDA 1. Approval of 11/13/18 City Council Meeting Minutes 2. Approval of 11/19/18 Pre-Agenda Meeting Minutes 3. Approve Budget Amendment – Regular (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 11/23/18 $544,974.84 6. Approve Payroll 11/30/18 $541,255.74 7. Approve Warrant – 2018 18MWNOV3 $4,439.74 8. Approve Warrant – 2018 18DEC1 $239,378.50 9. Authorization to Pay Invoice #58850 to CPL MAYOR’S DEPARTMENT 1. Announcement: Saratoga Solar for All Program (NYSERDA) 2. Proclamation: Cliff Van Wagner, City Planning Board 3. Discussion and Vote: Accept Grant Award – Capital District Smart Communities Program 4. Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Goldberger and Kremer to Increase the Cap 5. Discussion and Vote: Authorization for Mayor to Sign Addendum #2 with Northern Broadcasting, Inc. aka LookTV to Increase Cap 6. Discussion and Vote: Resolution – Authorizing Exemption and Payment In Lieu of Taxes Agreement for Promenade Saratoga Springs Affordable Housing Project 7. Discussion and Vote: Initiate SEQRA Review and Seek Lead Agency Status – Flat Rock Centre Project 8. Discussion and Vote: 2018 Saratoga Springs Housing Authority Salaries City Council Meeting 12/4/18 ACCOUNTS DEPARTMENT 1. Set Public Hearing: Liberty Affordable Housing Project, Crescent Avenue Zoning, and Comp Plan Amendment FINANCE DEPARTMENT 1. Discussion and Vote: 2019 Tax Rate Approvals 2. Discussion and Vote: Authorization for Mayor to Sign Corrected Health Care Plan Rate Renewal 3. Discussion and Vote: Budget Transfers – Insurance 4. Discussion and Vote: Budget Amendment – Payroll 5. Discussion and Vote: Budget Transfers - Payroll PUBLIC WORKS DEPARTMENT 1. Announcement: Accept Street for Snowplowing Only – Chloe’s Way 2. Discussion and Vote: Authorization for Mayor to Sign Change Order with The Architectural Collaborative for the DPW Dispatch Building 3. Discussion and Vote: Authorization for Mayor to Sign Agreement Addendum Three with Fitzgerald, Morris, Baker & Firth, PC for the City’s Public Works Landfill Weibel Avenue PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Art Breault for EMS Emergency Concept Training 2. Announcement: Appointment to Climate Smart Task Force 3. Announcement: Update – Citizen’s Advisory Board First Meeting 4. Set Public Hearing: To Amend Chapter 225 of the City Code, Vehicles and Traffic, with Respect to Alternate Side Parking on Hyde Street Between Its Intersection with Grand Avenue and Its Intersection with Ash Street 5. Discussion and Vote: Accept Donation of a New Police K-9 Kennel from the Saratoga Builders Association 6. Announcement: Retirement SUPERVISORS Matt Veitch 1. Law Library Update 2. Economic Development Committee Update Tara Gaston 1. 2019 Proposed Budget – Public Hearing 2. December 2019 Board of Supervisors Schedule ADJOURN Page 2 of 10 City Council Meeting 12/4/18 December 4, 2018 CITY OF SARATOGA SPRINGS City Council Meeting City Center Broadway 7:00 PM PRESENT: Meg Kelly, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Peter Martin, Commissioner of DPS STAFF PRESENT: Lisa Shields, Deputy Mayor Mike Sharp, Deputy Commissioner, Finance Maire Masterson, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner, DPW John Daley, Deputy Commissioner, DPS Vincent DeLeonardis Matthew Veitch, Supervisor Tara Gaston, 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 Amend Chapter 118 of the City Code – Inspection of Parking Structures Mayor Kelly opened the public hearing at 6:56 p.m. Commissioner Martin stated the Secretary of State mandated new rule requiring owners submit an engineer’s report with a new or renewal application. No one spoke. Mayor Kelly concluded the public hearing at 6:57 p.m. and left it open. CALL TO ORDER Mayor Kelly called the meeting to order at 7:00 p.m. Page 3 of 10 City Council Meeting 12/4/18 PUBLIC COMENT Mayor Kelly said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes. Mayor Kelly opened the public comment period at 7:01 p.m. John McMahon of Saratoga Springs stated he is concerned about the air quality during the construction process and after it. The number of parking places will increase the amount of carbon monoxide. Since the Council will assume the role of lead agency he urged them to address his concerns by making provisions for establishing a baseline for air quality. (copy of letter attached). Matt Jones of Saratoga Springs stated he is happy to see the resolution on the agenda for Cliff Van Wagner. He appeared before Cliff on many occasions and found him very helpful. Cliff also served on many other boards within the community and for the City. Dave Bronner of Saratoga Springs stated he supports and commends the Council regarding the security in the schools. In regards to the Charter change defeat on Election Day; he was not surprised. After the election there was comment that the voters didn’t know what they are doing. Also, he has not seen or heard anything this year regarding an EMS station on the east ridge. Darlene McGraw of Saratoga Springs stated she has been going around the county talking about complete streets. Streets need to be accessible and safe for all. Sam Brewer of Saratoga Springs stated he attended the budget vote last week. He was looking for a clarification of the $3 million dollar bond expense mentioned. Also, he felt more graphs that show the year to year changes would be helpful. Mayor Kelly closed the public comment period at 7:11 p.m. PRESENTATIONS Complete Streets Ted Orison of the Complete Streets Advisory Board presented the update. Roads have historically been built for cars; pedestrians also use these streets. The vision is to get where you want to go by any method you choose. They would like to promote a ‘vision zero’ concept where there are no pedestrian accidents and fatalities. The path on the Avenue of the Pines is a good example of what the Geyser Road Trail will look like. Ken Gray, chair of the board, introduced other members of the board. They have diverse expertise on the board. Completes is designed for all users. They are looking for ADA access for the sidewalks; working on identifying the priority intersections; and working on curb cuts. By the beginning of next year they are hoping to establish a preliminary bike route that will connect within each community. They are going to start working on metrics to hopefully get more grant money and only tear up the streets once. Tina Carton advised North Broadway now has bike lanes. There is also a new connection from Aletta Street to Railroad Run that was created by the Department of Public Works. The lane will be named Doug Haller Lane. The City has put in grants for neighborhoods throughout the City to get sidewalk connections completed. Mr. Gray advised the next steps include updating the Complete Streets Policy; introducing complete streets to developers when working on new projects; and just communicating better. They plan to have pop This is an investment in ourselves and our community. (copy of presentation attached) Page 4 of 10 City Council Meeting 12/4/18 Saratoga Springs Preservation Foundation: Historic District Economic Impact Study Matt Veitch provided an introduction to the economics of the historic district. The Preservation Foundation was established in 1977. He thanked the Council for their continued support. The City applied for a local government grant and was successful in obtaining the grant. Samantha Bosshart, director of the Preservation Foundation, stated historic preservation takes effort and hours. No study of a small community had ever been done; so she was determined to have the economic study done for Saratoga Springs. She provided the Council with a copy of the final report. Donovan Rypkema, president of Heritage Strategies International stated he has never been in a town of this size that is more beautiful than Saratoga Springs. “The long-term commitment by the City and citizens of Saratoga Springs to historic preservation has paid measurable fiscal, economic, and quality of life benefits”. The assessed value per acre of the historic district is almost 3 times what it is in the City. There is a state tax credit available for homeowners who restore a home in the historic district up to $50,000. (copy of presentation attached) CONSENT AGENDA Mayor Kelly moved and Commissioner Martin seconded to accept the consent agenda as follows: 1. Approval of 11/13/18 City Council Meeting Minutes 2. Approval of 11/19/18 Pre-Agenda Meeting Minutes 3. Approve Budget Amendment – Regular (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 11/23/18 $544,974.84 6. Approve Payroll 11/30/18 $541,255.74 7. Approve Warrant – 2018 18MWNOV3 $4,439.74 8. Approve Warrant – 2018 18DEC1 $239,378.50 9. Authorization to Pay Invoice #58850 to CPL Ayes – All MAYOR’S DEPARTMENT Announcement: Saratoga Solar for All Program (NYSERDA) Mayor Kelly announced an application via NYSERDA has been uploaded to the agenda. Proclamation: Cliff Van Wagner, City Planning Board Mayor Kelly read the following proclamation into the record: A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, Cliff Van Wagner is an esteemed and well-respected member of our community; and WHEREAS, Mr. Van Wagner represents an outstanding example of a Saratogian , who gives generously and unselfishly of his time and talent in civic and government service. Mr. Van Wagner was originally appointed to the City Zoning Board of Appeals by Mayor Ellsworth Jones in 1988 and was reappointed in 1996. Throughout his nearly fourteen year tenure with the ZBA, Cliff served with distinction including nearly a decade in leadership positions as Secretary, and, later, as Vice-Chairman of the Zoning Board of Appeals. Mr. Van Wagner continues his public service to the City and Community with his appointment to the Planning Board in 2005 by Mayor Mike Lenz and reappointed in 2011. He devoted his time and attention for another fourteen years on the Planning Board, and, again demonstrated his leadership serving six years as Planning Board Chairman. Page 5 of 10 City Council Meeting 12/4/18 NOW, THEREFORE, I, Meg Kelly, Mayor of the City of Saratoga Springs, in recognition of nearly three decades of dedication and service to the City’s land use boards and community, am pleased to join with Cliff’s colleagues, fellow board members, family, and many friends, in expressing our thanks and appreciation for his invaluable service to Saratoga Springs, and to extend to him the very best wishes for good health, happiness, and success in all his future endeavors. Discussion and Vote: Accept Grant Award – Capital District Smart Communities Program (18-385) Mayor Kelly advised the City is a recipient of the grant in the amount of $15,000 plus a $5,000 match to create a municipal smart city street light conversion and evolving technology guidebook. The grant is for the planning of conversion of street lights to LED. Mayor Kelly moved and Commissioner Madigan seconded to accept the grant award – Capital District Smart Cities Program as included with this agenda. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Goldberger and Kremer to Increase the Cap (18-386) Mayor Kelly stated Goldberger & Kremer is outside counsel for labor and employment issues. The addendum is to increase in the cap by $15,000 to $30,000. Mayor Kelly moved and Commissioner Franck seconded to authorize the mayor to sign addendum #1 with Goldberger and Kremer as included with this agenda. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Addendum #2 with Northern Broadcasting, Inc. aka LookTV to Increase Cap (18-387) Mayor Kelly advised LookTV has been providing the City with legally required recordings of meetings. The increase in the cap is $4,999 to bring the cap to $19,999. Mayor Kelly moved and Commissioner Franck seconded to authorize the mayor to sign addendum #2 with Northern Broadcasting, Inc. aka LookTV as included with this agenda. Ayes – All Discussion and Vote: Resolution – Authorizing Exemption and Payment In Lieu of Taxes Agreement for Promenade Saratoga Springs Affordable Housing Project (18-388) Mayor Kelly moved and Commissioner Franck seconded to approve the resolution authorizing the exemption and payment in lieu of taxes agreement for Promenade Saratoga Springs Affordable Housing Project as included with this agenda. The resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Authorizing Exemption and Payment-in-Lieu of Taxes Agreement for Promenade Saratoga Springs Affordable Housing Project WHEREAS, the City of Saratoga Springs (the "City") encourages a sufficient supply of adequate, safe and sanitary dwelling accommodations properly planned for residents having household incomes less than or equal to eighty percent (80%) of area median income ("AMI") for Saratoga County, adjusted for family size; and WHEREAS, the Saratoga Springs Housing Authority (“Authority”) is the legal and record owner of certain real property located at South Federal Street, City of Saratoga Springs, County of Saratoga, State of New York, identified as tax parcel 165.74-3-4; and WHEREAS, Promenade Housing Development Fund Company, Inc, (“HDFC”) is, or will be, the nominal leasehold owner, and Promenade Development LLC (“Company”) will be the beneficial and equitable owner, of a portion of the real property owned by the Authority, to be Page 6 of 10 City Council Meeting 12/4/18 identified as tax parcel #165.74-3-4.-1, and as more particularly depicted in the survey and description attached hereto as Exhibit “A”, (the “Land”), and is proposing to construct sixty-three (63) affordable multi-family rental units and related improvements (the “Improvements”) on the Land (the Land and the Improvements collectively being the “Project”); and WHEREAS, the Project will include up to eighteen (18) units which shall be for citizens having household incomes less than or equal to forty percent (40%) of AMI, up to twenty-seven (27) units which shall be for citizens having household incomes less than or equal to sixty percent (60%) of AMI, and up to eighteen (18) units which shall be for citizens having household incomes less than or equal to eighty percent (80%) of AMI; and WHEREAS, the HDFC and/or the Company has made application to the New York State Division of Housing and Community Renewal (“DHCR”) and/or New York State Housing Finance Agency (“HFA”) for an allocation of Housing Trust Fund permanent loan financing, Federal Low Income Housing Tax Credits and New York State Low Income Housing Tax Credits to finance the Project; and WHEREAS, in order to facilitate the leasehold acquisition and construction of the Project and creation of affordability covenants for the Project, the Company is willing to transfer legal ownership of the Project to the HDFC as nominee, with the Company to remain as equitable and beneficial owner, and the Company will then construct the Project and commit it to affordable housing by agreeing to the New York State Homes and Community Renewal affordability covenants to be imposed by DHCR and/or HFA, as applicable, with assistance from the City in the form of a PILOT Agreement which is anticipated to be for a term of thirty (30) years with payments to be in substantially the same amount as follows: Year 1: $5,000.00 Years 10 – 16: $22,500.00 Year 2: $10,000.00 Years 17 – 23: $24,500.00 Years 3 – 9: $20,500.00 Years 24 – 30: $26,500.00; and WHEREAS, the HDFC’s and the Company's plan for the use of the Project constitutes a "housing project" as that term is defined in the PHFL; and WHEREAS, the HDFC is a "housing development fund company" as the term is defined in Section 572 of the PHFL, and Section 577 of the PHFL authorizes the City Council to exempt the Project from real property taxes, and to agree to a payment of lieu of taxes on the Project; and WHEREAS, the Authority, the Company and the HDFC will be willing to enter into a PILOT Agreement whereby the Company will make annual payments in lieu of taxes to the City in substantially the same manner and amount as set forth herein and to be incorporated in a PILOT Agreement which will be presented to the City Council for approval; NOW THEREFORE, BE IT RESOLVED, that upon the leasehold acquisition of the Land by the HDFC and Company, and subject to same, the City Council will consider an exemption of the Project from real property taxes to the extent authorized by Section 577 and any other applicable provisions of the PHFL, and negotiate a PILOT Agreement by and among the City of Saratoga Springs, the Authority, the Company, and the HDFC, providing for annual payments in substantially the form and manner as set forth herein, subject to Council review and approval. Ayes - All Discussion and Vote: Initiate SEQRA Review and Seek Lead Agency Status – Flat Rock Centre Project (18-389) Mayor Kelly moved and Commissioner Madigan seconded to initiate the required SEQRA environmental review to identify this project as a Type I action and to seek lead agent status for this review and environmental significance. Ayes – All Discussion and Vote: 2018 Saratoga Springs Housing Authority Salaries (18-390) Mayor Kelly stated the City Council is required to approve the salaries of the Housing Authority. The Saratoga Housing Authority has supplied the City Council with a list of salaries. Mayor Kelly moved and Commissioner Martin seconded to approve the 2018 Saratoga Springs Housing Authority salaries as included with this agenda. Ayes - All ACCOUNTS DEPARTMENT Set Public Hearing: Liberty Affordable Housing Project, Crescent Avenue Zoning, and Comp Plan Amendment Commissioner Franck set a public hearing for Tuesday, January 15, 2019 at 6:30 p.m. Page 7 of 10 City Council Meeting 12/4/18 FINANCE DEPARTMENT Discussion and Vote: 2019 Tax Rate Approvals (18-391) Commissioner Madigan stated she has corrected 2019 tax rates and will be asking for the Council’s approval. The presentation last week did not contain a late change in the debt service budget. The rate increases are 0.35% for the inside district and 0.42% for the outside district. There is no budgetary change with this correction. Commissioner Madigan moved and Commissioner Franck seconded to approve the 2019 tax rates as distributed and uploaded with the agenda. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Corrected Health Care Plan Rate Renewal (18-392) Commissioner Madigan stated one of the rate renewal sheets approved in November had an incorrect contract period. The corrected renewal sheet is attached to the agenda. Commissioner Madigan moved and Commissioner Franck seconded to approve the corrected rate renewal sheet for MVP as previously distributed with the agenda and authorization for the mayor to sign the rate renewal sheet. Ayes – All Discussion and Vote: Budget Transfers – Insurance (18-393) Commissioner Madigan moved and Commissioner Franck seconded to approve the budget amendment – insurance as previously distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendment – Payroll (18-394) Commissioner Madigan moved and Commissioner Franck seconded to approve the budget amendment – payroll as previously distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (18-395) Commissioner Madigan moved and Commissioner Franck seconded to approve the budget transfers – payroll as previously distributed with the agenda. Ayes - All PUBLIC WORKS DEPARTMENT Announcement: Accept Street for Snowplowing Only – Chloe’s Way Commissioner Scirocco announced the DPW will be accepting Chloe’s Way for snowplowing only. Discussion and Vote: Authorization for Mayor to Sign Change Order with The Architectural Collaborative for the DPW Dispatch Building (18-396) Page 8 of 10 City Council Meeting 12/4/18 Commissioner Scirocco stated this change order is to change the directive. The value is $38,500 and has been approved by the City’s insurance company. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign the change order 1 with The Architectural Collaborative for the DPW Dispatch Building in the amount of $38,500. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement Addendum Three with Fitzgerald, Morris, Baker & Firth, PC for the City’s Public Works Landfill Weibel Avenue (18-397) Commissioner Scirocco provided history of the sale of City land. Tonight’s addendum #3 is in the amount of $35,000 for a total contract amount not to exceed of $89,498. The City has exhausted all options to work with the property owner and must start the process of eminent domain. Vince DeLeonardis, city attorney, stated the City does not take eminent domain lightly and only do so when ultimately necessary. The property owner is listed on the DEC order with the City. The City has exhausted every good faith and reasonable effort to work with the property owner. Vince advised the City will have to obtain an appraisal and have a public hearing before the commencement of eminent domain. Commissioner Scirocco moved and Commissioner Martin seconded to authorize the mayor to sign agreement addendum #3 with Fitzgerald, Morris, Baker & Firth, for the City’s public works landfill at Weibel Avenue in the amount of $35,000. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Contract with Art Breault for EMS Emergency Concept Training (18-398) Commissioner Martin explained this is an annual agreement. The fee for 2019 will remain the same as 2018 at $26,750. Commissioner Martin moved and Commissioner Madigan seconded to authorize the mayor to sign a contract with Art Breault for EMS training services in the amount of $26,750 in the form attached to the agenda. Ayes – All Announcement: Appointment to Climate Smart Task Force Commissioner Martin announced the appointment of Michael Horn to the Climate Smart Task Force. Announcement: Update – Citizen’s Advisory Board First Meeting th Commissioner Martin announced the first Citizen’s Advisory Board meeting was held November 27 . The board discussed a wide variety of issues. The board was provided an overview of the Police Department’s structure, staffing, and policies. The next meeting will be in January 2019. Set Public Hearing: To Amend Chapter 225 of the City Code, Vehicles and Traffic, with Respect to Alternate Side Parking on Hyde Street Between Its Intersection with Grand Avenue and Its Intersection with Ash Street Page 9 of 10 City Council Meeting 12/4/18 Commissioner Martin set a public hearing for Tuesday, December 18, 2018 at 6:55 p.m. Discussion and Vote: Accept Donation of a New Police K-9 Kennel from the Saratoga Builders Association (18-399) Commissioner Martin stated this is a donation of labor and materials valued at $12,000. Commissioner Martin moved and Commissioner Franck seconded to accept the donation of labor and materials for the construction of a new police K-9 kennel from the Saratoga Builders Association. Ayes – All Announcement: Retirement Commissioner Martin announced Bob Williams, chief of the Fire Department will be retiring effective February 28, 2019. Bob started with the department June 1984 and worked his way through the ranks. He is a third generation Saratoga Springs Firefighter. SUPERVISORS Matt Veitch Law Library Update Supervisor Veitch reported the law library will be relocated to the Saratoga County Complex in building 3. Until this building is ready, the books will be housed at the Lincoln Baths. Economic Development Committee Update Supervisor Veitch pulled this item from his agenda. Tara Gaston 2019 Proposed Budget – Public Hearing Supervisor Gaston reported the public hearing for the County’s 2019 proposed budget is Wednesday, December 5th at 4:30 p.m. at 40 McMaster Street. December 2019 Board of Supervisors Schedule Supervisor Gaston reported all committee meetings for the Board of Supervisors has been adjusted due to the holidays. ADJOURNMENT There being no further business, Mayor Kelly adjourned the meeting at 8:25 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 12/18/18 Vote: 5 - 0 Page 10 of 10