The Saratoga Springs City Council did not pass two contentious measures at its Tuesday, June 16, meeting, one by way of tabling and another by a failed vote.
In actuality, the issue of a proposed moratorium on demolition permits for structures within or listed as contributing to the National Register of Historic Places saw both moves. Mayor Scott Johnson tabled the item after concerns were raised about amendments suggested during a public hearing on the law, while Public Safety Commissioner Ron Kim brought the law sans amendments to a 2-3 vote later in the meeting.
Samantha Bosshart of the Saratoga Springs Preservation Foundation suggested that a potential loophole in the law be closed through an amendment. The proposed moratorium defines demolition as the `removal of more that 33 percent floor area` of a structure. Bosshart suggested an owner could demolish a portion of the structure out of `spite.`
To eliminate this possibility, it was suggested that structures built before June 16, 1959, be excluded from the definition. Fifty years is the minimum age for acceptance onto the national register.
It was clear the amendment was supported by a majority of the council, but Johnson tabled the motion on advice of counsel because the change would be significant enough to require another public hearing on the law.
An administrative hold on demolition permits, passed by the council on June 2, protects a building at 23 Greenfield Ave. from demolition until July 7, when the council meets again. Ronald and Michelle Riggi, who live on the neighboring property, recently bought the 1865 home, and when it became clear they sought to demolish it, a public outcry was heard.
The structure is not within a city historic district and is therefore not protected from demolition. It is, however, listed as a `contributing structure` on the National Register of Historic Places.
The proposed demolition moratorium would prevent demolition permits from being issued to any structure in that district until Feb. 10, 2010, to give the city time to re-examine its historic zoning boundaries. Waivers could be sought from the Design Review Commission.
John Carusone, attorney for the Riggis, said during Tuesday’s meeting that the proposed moratorium was a clear violation of his clients’ property rights and, if the law is enacted, the city will likely face a lawsuit.
`My clients have merely done that which the law permits them to do,` said Carusone. `It may not be the popular thing to do, but it is well within their rightsThis moratorium is targeted at one property, and it is bad law.`
The likelihood of a lawsuit was one reason Kim said he moved to pass the moratorium without the amendment later in the meeting.
`Perfection shouldn’t be the enemy of good. This is a good moratorium,` he said. `Perfection may lead to disaster if we don’t act now.`
When the vote came, Accounts Commissioner John Franck voted with Kim, saying he favors a speedy process.
`The way this is going, I’m going to be on the national register before this is done,` he said. `This document is clean.`
Johnson said he plans to bring the moratorium up at the council’s July 7 meeting with the amendment in place.
`This has taken an extremely fast track given the consequences and impact a moratorium can have on property rights within our city boundaries,` he said. `There is no harm to making it right.`
The City Council had planned on making amendments to the 2009 budget at Tuesday’s meeting, but as last-minute changes had been made just earlier that day, it was decided to wait until the next meeting for a vote.
`I’ve been asked to delay these cuts in order to give taxpayers a chance to digest these changes,` said Commissioner of Finance Ken Ivins.
The council will hold a budget workshop on Monday, June 22, at 6 p.m.
The fact that the changes were largely unknown was evident when only one person took advantage of the 40-minute public hearing dedicated to the amendments. When midyear cuts were first proposed, a steady stream of speakers appeared before the council for more than an hour.
The changes remain largely similar to those Ivins proposed earlier in June, except the city is seeking to cut $2.8 million instead of $3 million, as its health care provider will not be enacting an expected midyear rate increase.
In addition, many office cuts at the Department of Public Works will be avoided, including the positions of city engineer, director of public works and a part time engineer technician. Ivins said Commissioner of Public Works Anthony `Skip` Scirocco had already identified other cuts to make up for keeping the jobs.
Another public hearing and a vote will take place on July 7. Ivins also said that he will begin the budget process for 2010 as soon as the midyear adjustments are made, which is much earlier than usual.
`We’ve got to start now, because these cuts don’t even start to come close,` he said.
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