City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, APRIL 4, 2000 CITY COUNCIL ROOM 7:00 P.M. PRESENT: Kenneth Klotz, Mayor Thomas Curley, Commissioner, Public Safety Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts OTHERS PRESENT: Phillip Klein, Saratoga County Board of Supervisors Representative Anthony Scirocco, Saratoga County Board of Supervisors Representative STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts Bob King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney PUBLIC HEARING Community Development Block Grant Mayor Kenneth Klotz opened the public hearing for the Community Development Block Grant. He said the committee had done a lot of work on this matter and had forwarded recommendations to the Council for those funds. Bradley Birge, Community Development Director, said the City has a total of $476,187 beginning July 1, 2000. He said $447,000 is from the 2000 federal entitlement grant and $29,187 from reprogrammed funds. He said the advisory committee made the following recommendations (Attachment A): Catholic Charities $ 26,000 Saratoga Center for the Family $ 14,000 SS Senior Citizen Center $ 6,000 Police Department $ 3,000 City of Saratoga Springs (CD) $120,000 Shelters of Saratoga $ 10,000 Saratoga Springs Preservation Found. $ 60,000 City of Saratoga Springs (DPW) $ 46,177 City of Saratoga Springs (DPW) $ 30,785 City of Saratoga Springs (Mayor $ 46,700 City – Office of CD $ 88,525 City – Office of CD $ 25,000 TOTAL $ 476,187 Bradley Birge said following a vote by the Council, there would be a 30-day public comment period from April 15 to May 15 at which time it will then be forwarded to HUD for their approval. Mayor Kenneth Klotz submitted for the record a letter from District Attorney, James Murphy, supporting the request for funding from CAPTAIN. Commissioner Michael Lenz pointed out that the Council had received a letter this evening from CAPTAIN requesting that their program be funded. Commissioner Michael Lenz asked if CAPTAIN had made a presentation to the committee. Brad Birge said yes. Mayor Kenneth Klotz opened the public hearing. Eileen Reardon, Development Director CAPTAIN, said CAPTAIN had requested $10,049 from the City through the block grant to use for their outreach program in the City. She said this was a new program for Saratoga Springs. She said this program will provide a mobile unit van which will go to where youths congregate. She said this program is to identify the most high risk youth that might be living in dangerous situations. She said they initially received funding through the Diana, Princes of Wales fund. She said CAPTAIN was only 1 of 19 recipients in the United States selected for that funding. She said Saratoga Spring has been identified as an area with a high number of “at risk” youth. She said there are two goals for this program are: 1) to deter youth from running away from home and 2) allow for a safe haven shelter. She said Saratoga Springs has been in third place for the amount of youth placed at this home since it opened. She said Basic necessities will also be distributed to youth (food, clothing, HIV/AIDS education materials, blankets, coats, etc.) She said they have met with both Mayor Kenneth Klotz and Sargent Gary Forward to discuss this program. She said there is an annual budget of $37,000 for this street outreach program at three locations in Saratoga County. She said if funded, through the block grant program, those funds would be used only for the Saratoga Springs program. She said since this program started four weeks ago, there have been 11 referrals for shelter, 3 of which were identified through the street outreach program, and 5 were placed in the youth shelter. She said they work with other agencies so services are not duplicated. She said they work closely with the downtown businesses and the law enforcement community. John Behan, Treasurer, Shelters of Saratoga, informed Council members that they have a new director, Janine Farmer. He thanked the CDBG Advisory Committee for their recommendation on their receiving funding in the amount of $10,000 for the HOME restore program. He said they have done a very detailed study for this project and this program will help homeowners and would be a positive influence for the City and its residents. Nancy Breelamb, Senior Citizens Director, thanked the CDBG Advisory Committee for their recommendation of the teleassurance program. She asked for the Council to support this request. She said this program will allow for daily telephone calls for house bound individuals throughout Saratoga Springs. She said they will work with many agencies through the City. She said there will also be follow up through an advocate. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Local Law #3 Loughberry Lake Building Moratorium Jeffrey Wait, City Attorney, said the Council is recommending a temporary moratorium for building on lands adjacent to Loughberry Lake. He said this would allow the City time to evaluate the zoning ordinance in connection with the Loughberry Lake area and to resolve some inconsistencies. He said the City Planning Board was in favor of this moratorium and the County Planning Board said as far as they were concerned there was no significant countywide impact. He said a petition had been received today from property owners in this area against this proposed moratorium. He said it appears that because of this petition a super majority vote of the Council would be required, but he was still researching that issue. He said he had not yet had time to review that petition, however, after tonight’s vote, if it was needed, he would review that issue. He said it appeared that the petition did not comply with the statute, but again, he would need to do some research. Mayor Kenneth Klotz asked if this moratorium established a mechanism for research and/or investigation of this issue in order for the Council to determine what should be done at the end of the six months. Jeffrey Wait said this ordinance does not set out any procedures, it simply provides time for the City to investigate and address the issues. Jeffrey Wait said presumably during this six-month time period there would be a zoning amendment. Commissioner Michael Lenz asked about connection to the City infrastructure and asked if this moratorium would prohibit the City to connect to any surrounding municipalities. Jeffrey Wait said this moratorium would prohibit the City to connect to any surrounding municipalities. Jeffrey Wait said this only affects parcels in the Loughberry Lake area. Mayor Kenneth Klotz opened the public hearing. Robert Eckhardt asked how many undeveloped parcels in the City of Saratoga Springs would be affected by this moratorium. Commissioner Thomas McTygue said the boundaries of the parcels affected are Route 9, Route 50 and Loughberry Lake. Robert Eckhardt asked if the lands in the Towns of Wilton and Greenfield would be affected. Commissioner Thomas McTygue said this affected City parcels only. Robert Eckhardt asked if the properties on both the east and west sides that are set back less then 300 feet would be affected. Commissioner Thomas McTygue said this affects all construction. Robert Eckhardt said according to his calculations 85 percent of the people in the affected area have signed the petition. Jeffrey Wait said that many of the names are indecipherable. Commissioner Thomas McTygue said the petition had been submitted and accepted by the Council. He said the City Attorney would be review the petition if a super majority vote was not received. Robert Eckhardt asked Commissioner Thomas McTygue how many undeveloped parcels would be affected by this moratorium. Commissioner Thomas McTygue said it was a number of parcels. Robert Eckhardt said he followed the City rules on applying for a building permit and was disappointed to find out that the building permit had been issued last Thursday but given to the Mayor to hold. He asked, since when, did building permits go through the Mayor’s office. He asked the Mayor why he was holding the building permit. Mayor Kenneth Klotz noted that the question had been asked but said the Council was not prepared at this time to be interrogated. Commissioner Thomas McTygue said the building permit had not been issued. Robert Eckardt disagreed saying the Building Inspector had informed him that it had been issued. Commissioner Thomas McTygue asked if any construction had begun. Robert Eckardt said he had done nothing illegal. He said a building permit is not required to dig a hole. Frank Eckhardt pointed out that City Officials had watched them dig the hole. He noted that the City has not had any problems with Loughberry Lake and its surrounding residents over the last many years. He said the only problem recently was with the car driving into the lake a few months ago. There being on one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Public Hearing – Zoning Amendments Geoff Bornemann, City Planner, said a serious of ten minor amendments had been submitted to the Council for approval. He said both the City and County Planning Boards had offered favorable advisory opinions. He said there were ten text amendments and one map amendment all of which were minor. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. MAYOR’S OFFICE Vote – Community Development Block Grant (00-076) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the recommendations of the Community Development Block Grant Advisory Committee as submitted. Commissioner Michael Lenz asked if it might be possible to fund the CAPTAIN proposal. Jeffrey Pfeil, Chair of the Advisory Committee, said although CAPTAIN was a worthwhile cause, it did not receive high enough marks on the criteria list. He said it was a difficult decision for the committee, but there is a limited amount of money to disburse. Mayor Kenneth Klotz agreed that CAPTAIN was a worthwhile organization and noted that he had received a telephone call from William Long in support of this proposal. He said he too supported CAPTAIN, but encouraged them to apply again next year. He said at this point he was somewhat reluctant to tinker with the recommendations. Jeffrey Pfeil said if CAPTAIN was funded at this point it would open the door for other organizations, i.e., Salvation Army, who scored higher on the matrix to come to the Council and request funding. Commissioner Michael Lenz asked how the funding amount is determined. Jeffrey said the guidelines are set by HUD. He said that 15 percent of the total overall budget or $67,000 is available for public service funding. Commissioner Michael Lenz asked if some funds could be reallocated from non public service funds. Jeffrey Pfeil said yes. Commissioner Michael Lenz pointed out that not many of the recommended projects were geared towards the youth of this City. He reminded Council members that youth oriented issues were clearly a campaign issue during the last election. Jeffrey Pfeil said he was concerned that if changes were made at this time, it would open the doors for further review, recommendations, proposals, etc. Commissioner Bernard Mirling said that CAPTAIN is an outstanding organization that offers a broad range of services. He pointed out that the service being offered by CAPTAIN, will not stop because of the absence of this funding. He said he would support the recommendations as presented and hoped that CAPTAIN would apply again next year. Commissioner Thomas Curley asked if there was any possibility of funds being rolled over that could be used for this program. Bradley Birge said any funds being rolled over would be incorporated into the next budget. Jeffrey Pfeil said perhaps some of next year’s allocation could be made available. Bradley Birge said if there are funds available, the Council would need to hold another public hearing. He said the City is allowed to reprogram funds one time per year. He said perhaps at this time next year they would know what funds were available, however, changes could be made at mid year if there are available funds. Commissioner Michael Lenz said he was not requesting that the entire process be reopened but only if there are available funds, those funds be offered to CAPTAIN. Jeffrey Pfeil pointed out that the Salvation Army scored higher in the points system than CAPTAIN. Commissioner Bernard Mirling asked who developed the matrix. Jeffrey Pfeil said it is based on HUDs guidelines using the eight areas from those guidelines. Mayor Kenneth Klotz pointed out that housing and rehabilitation is a priority for HUD. Commissioner Michael Lenz said if funds become available during the year he would like to see some funding made available to CAPTAIN. Commissioner Thomas McTygue said he was somewhat concerned because Salvation Army had scored higher. Commissioner Thomas Curley said he would like to see a report brought back midyear on this issue. Ayes all. Vote – Local Law #3 – Loughberry Lake Building Moratorium (00-077) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve Local Law #3 – Loughberry Lake Building Moratorium as presented. Commissioner Michael Lenz said he would support this local law, however, it was unfortunate that Robert Eckhardt had followed the City’s rules and was not able to get a building permit. He said it was likely this was the only parcel that would be affected by this local law. He reminded Council members that the Watershed Rules and Regulations with the 300-foot setback had been adopted by the Council and it was unfortunate that the City’s zoning ordinance did not reflect that 300-foot setback. He said Robert Eckhardt followed the rules and now the Council was changing the rules. He said the City needs to adopt this local law in order to be consistent but was sorry for the difficult situation that Robert Eckhardt had been placed in. Mayor Kenneth Klotz agreed this was not an easy issue. He said the inconsistencies need to be addressed and this six-month moratorium will provide the City with the time that is necessary to address those inconsistencies. He said he also hoped there would be some discussions with the neighboring towns on this matter. He said Robert Eckhardt’s building permit application had been submitted under the old zoning regulations and these issues should did not come to any surprise to Robert Eckhardt. He said, in his judgement, it was not appropriate to issue the building permit at this time. Commissioner Thomas McTygue said this was no different that the Healy application which was made several years ago for a subdivision. Commissioner Michael Lenz said this is only one lot and the City should have taken action on the setback issue at that time rather than now. Ayes all. Vote – Zoning Amendments (00-078) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for the issuance of a negative SEQR declaration and for the adoption of the ten zoning amendments as recommended by the Planning Board. Ayes all. ACCOUNTS DEPARTMENT Award of RFP – Backhoe/Loader Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the RFP for the rental of a backhoe/loader to Anderson Equipment (lowest bidder meeting specifications). Ayes all. Award of Bid – Athletic Equipment Upon the recommendation of the Recreation Department, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to award the bid for Athletic Equipment to American Soccer Company, Anaconda Sports, Lax World, Scholastic Sports Sales, Ltd., and Sports Supply Group/Passon’s Sports for various prices (lowest bidders meeting specifications). Ayes all. Award of Bid – T-Shirts Upon the recommendation of the Recreation Department, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to award the bid for T-Shirts to Cameo Productions for various prices (lowest overall bidder). Ayes all. Award of Bid – Grub Control Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for Grub Control to United Horticultural Supply per their bid (lowest bidder meeting specifications). Ayes all. Award of Bid – Fertilizer Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for fertilizer to Carolina Eastern-Vail for various prices (lowest bidder meeting specifications). Ayes all. Award of Bid – Equipment Trailers Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for Equipment Trailers to Versatile Trailer for item #1, in the amount of $2,587 (lowest bidder meeting specifications) and item #2 in the amount of $7,296 (only bidder meeting specifications). Ayes all. Contract – Alonzo Fireworks (00-079) Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded for authorization for the Mayor to sign the contract with Alonzo Fireworks, upon the review of the City Attorney, in the amount of $6,000 for a fireworks display to be held in Congress Park on Tuesday, July 4th. Ayes all. Update – James Kettlewell appraisals Commissioner Bernard Mirling reminded Council members that James Kettlewell had volunteered to appraise City owned items at no charge to the City. He said these appraisals will be reviewed and it will then be determined how it will affect the City’s insurance coverage. He then awarded a certificate of appreciation to James Kettlewell for his work. FINANCE DEPARTMENT Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: March 24, 2000 – $290,916.03 and March 31, 2000 – $276,584.24. Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for the approval and payment of the 1APR20 warrant #2 through #30 as follows: General Fund $120,857.21 City Center Authority 4,860.83 Water Fund 32,465.27 Sewer Fund 12,299.08 Capital Projects Fund 41,900.51 Special Assessment District 175.00 Trust Fund -0- Debt Service -0- Community Development 11,580.24 TOTAL $ 224,138.14 and the MC200329 warrant #2 - #5 as follows: General Fund $1,080,117.95 City Center Authority 20,575.66 Water Fund 6,481.34 Sewer Fund 380,390.73 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service 4,223.48 Community Development -0- TOTAL $ 1,491,789.16 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as presented (Attachment B). Ayes all. Budget Transfers Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment C). Ayes all. presented (Attachment C). Ayes all. Confirmation of Approval by Memo – Tax Auction Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to ratify the previous approval by memo for the tax auction to be held on April 8. Mayor Kenneth Klotz asked if any further City owned property could be included at this point. Commissioner Michael Lenz said another auction could be held if there was additional parcels. Commissioner Thomas McTygue asked about the money paid and how it affected the City’s revenues and more specifically if an increase would be shown in revenue lines. Deputy Commissioner Christine Gillmett said this would bring in additional revenue but it is a revenue that has been deferred from previous years. Commissioner Thomas McTygue said this was a line item not shown in the adopted budget and asked how it would be accounted for. Mayor Kenneth Klotz said it would be accounted for the in the 2000 budget. Ayes all. February 29, 2000 Financial Report Commissioner Michael Lenz submitted for Council members review the February 29, 2000 Financial Report. He said to date approximately 14 percent of the budget had been expended and we should be at about 17 percent. Executive Session Commissioner Michael Lenz requested an executive session to discuss the tax auction. Council members agreed. DEPARTMENT OF PUBLIC WORKS Waive of Bid – Weibel Avenue Ice Rink – Technical Building Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to waive the bid to Technical Services for upgrading of the co-gen at the Weibel Avenue Ice Rink in the amount of $1,466. He said this money was within his budget. Commissioner Michael Lenz asked how this project was coming along. Commissioner Thomas McTygue said there were still some kinks to be worked out but it was going well. Commissioner Michael Lenz asked if it was working. Commissioner Thomas McTygue said yes. Ayes all. Waive of Bid – Music Hall Curtain Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Adirondack Scenic in the amount of $4,340 for a new curtain for the City Hall Music Hall. He said this was the only company in this area that provides this item. He said the money was within his budget. Ayes all. Waive of Bid – Equipment Rental Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid for equipment rental to Pallette for equipment used in paving. He said this equipment is not available on state contract. The equipment is as follows: Pavement Profiler – $3,700/day; Trim Machine – $1,400/day; 260 Paver- 10'screen – $1,800/day; 225 Paver-8' screen/$1,600 day and a Roller – $400/day. He said this money is within his budget. Ayes all. Agreement Public/Private Reconstruction of Maple Avenue/High Rock Corridor Agreement Public/Private Reconstruction of Maple Avenue/High Rock Corridor Commissioner Thomas McTygue said a public/private partnership had been developed with Tom Roohan, Bonacio Construction, Steve Sullivan and the City to make some improvements to the north end of High Rock Park. He said these improvements would include additional parking at the north end of the City Center parking lot area (24 additional parking spaces), an overlook to High Rock Park, a stairway from the City Center Parking lot to the Farmer’s Market area, lighting and sidewalk improvements on High Rock Avenue. He said some easements would be required for some of this work and when he had the details, he would return to the Council with more information. He said the private partners in this partnership will pay for the materials and the City will supply the labor. Commissioner Thomas McTygue said he would return to the next Council meeting with the details. He said they hoped to start with the parking lot and then move onto the other items. Discussion – Litigation of Loughberry Lake (00-080) Doug Ward, attorney representing the City, said he wanted to discuss this issue publicly because it is a matter of great public interest. He said in January, litigation began by the City against the Town of Wilton Planning Board and Zoning Board of Appeals regarding the application of the Elks Lodge for construction on the shoreline of Loughberry Lake. He said that proposed project has the potential to degrade the water quality. He said this project also raises other issues on the watershed. He pointed out that the Elks Lodge parcel is located in Wilton and not under the City’s jurisdiction, however, the City is able to comment on this proposal. Doug Ward said the City asked for the Planning Board to consider the City’s policy of using a 300-foot setback and also asked that a full EIS be done on this proposal. He said that the Town of Wilton rejected this request. Doug Ward said the Zoning Board of Appeals then issued a negative SEQR determination in December 1999 and the Planning Board issued a variance for parking to be located at a lesser amount than was required under their statute. He said because of those approvals and the lack of negotiations between Wilton and the City, the Council then instituted a lawsuit. He said the courts, unfortunately, disregarded the law suit. Doug Ward said the papers were filed on time and the City did not miss the 30-day statute of limitation time period. He said the court used a different date, earlier than what is normally used, to begin the 30-day time period. Doug Ward said in all of the cases he has ever tried the starting dates begins with the date of approval. He said the decision by the court on the start date is completely wrong. He said the City asked to present oral arguments twice but was denied on both occasions. He said there were a number of issues not addressed by the court including sewer and storm water issues. He said the lake could be contaminated through the sewer and storm water runoff very quickly. He said there was no explanation of why they would not hook into storm water and there was no discussion on testing of soil. Commissioner Thomas McTygue said the Elks Lodge wanted to use drywells rather than hooking into existing line. He said in his opinion the most important issue was storm water run off. He said the court, the Planning Board nor the Zoning Board of Appeals did not address the issues of storm water runoff and hooking into existing. Doug Ward said the court supported the Town of Wilton in this case. Doug Ward said this particular judge had not reviewed this type of SEQR case before and courts can sometimes make mistakes. He said the judge’s decision was simply wrong. Doug Ward said the Planning Board, at some point, will consider site plan review and their decision would be based on a faulty environmental analysis which simply makes matters worse. He said he was convinced the City’s position on this matter is right. He said he was proposing that he continue this case on contingency, i.e., if he wins, he gets paid, if he loses, he does not paid. He said the City should pay for the records submission (submitting papers to the court). Commissioner Michael Lenz asked what was next. Doug Ward said if this fails, the City could go to the court of appeals. He said the City had to fight to get the facts in front of the court. He said they will file a notice of appeal, (30 days to file that notice), file the record, submit briefs, present first arguments to the appellate division, there is then a decision, then go to the court of appeals if necessary. Mayor Kenneth Klotz said there would be no risk to the City at this time for Doug Wards’ services. Doug Mayor Kenneth Klotz said there would be no risk to the City at this time for Doug Wards’ services. Doug Ward said the only cost would be for the record. He said his fee would be between $12,000 to $20,000. Commissioner Thomas McTygue said the money for the record would come from the water fund. Commissioner Michael Lenz asked what was Jeffrey Wait’s feeling was on this matter. Doug Ward said there are many issues that are part of the legal tactic that he has not discussed this evening. Jeffrey Wait said he had read the judge’s decision and it appeared the decision was not very thorough. He said the court should have taken a better look at competing sides. He pointed out that an Article 78 is difficult to win but there are many issues that were not addressed by the judge. He said at the very least the City should file a notice of appeal. Commissioner Michael Lenz asked if it was the City’s contention that the project should not move forward because it is within 300 feet of the lake or is it the City’s contention it should not move forward because there are problems with the storm water runoff. Doug Ward said it was more the storm water runoff. He said the City does not have jurisdiction to enforce the 300-foot buffer at this time. He said the City really wants an EIS. He said some of the pre-site activities at this location have already violated the law. Commissioner Michael Lenz asked if the Elks had asked to hook into the storm water system. Doug Ward said they had been asked to study that proposal. He asked why the Elks had not been asked to hook into water and sewer. Doug Ward said the City is under a DEC order because of the sewer system problems. He said the City would be ill served, without further study, to allow others to hook into the system. He said they asked that it be studied and alternatives be reviewed. Commissioner Michael Lenz asked if the City got to the point where we pursued every avenue and we continue to lose, at what point would the recommendation be to the Elks Club, to allow them hook into the water & sewer vs. the option of a septic system. He asked for a comparison of hooking into a sewer system vs. a leach field. Commissioner Thomas McTygue said that issue would be discussed later. Commissioner Michael Lenz said the area of contention seems to be the sewer hook up. Doug Ward said an Article 78 is difficult to win. Doug Ward said the City needs to show that the Town of Wilton was arbitrary and capricious in their decision making. Commissioner Michael Lenz asked when does the clock start ticking. Doug Ward said it was 30 days from when the papers are served. Commissioner Michael asked what did Commissioner Thomas McTygue want to say about this issue before voting. Commissioner Thomas Curley said he was concerned with the Watershed Rules and Regulations in connection with neighboring municipalities. He said he was concerned that the issues could not be worked out. He said he was concerned about the homes on Saratoga Lake and how the 300-foot buffer would affect those homes. Commissioner Michael Lenz said Saratoga Lake has homes right up to the edge of the lake and wondered what would be their mitigating factors. Commissioner Thomas Curley said the City might lose the ability to control what we need to control. He said we need to continue a dialogue with the other towns and felt continuing the lawsuit would be counterproductive. Commissioner Thomas McTygue said the City has tried to discuss this issue with the other towns. Joe O’Neill, Director of Public Works, said in 1994 the City started a dialogue with Towns of Greenfield and Wilton on this topic. He said the Town of Greenfield has no property within 300 feet of the lake so they decided not to participate in these discussions. He said in 1994/1995 correspondence was sent to Roy McDonald. He said that correspondence was forwarded to the town engineer and the town engineer responded saying that all further discussions on this issue should go through him. Joe O’Neill said the volume of Saratoga Lake versus the volume of Loughberry Lake is an important factor when discussing the 300-foot buffer. Joe O’Neill said, in connection with septic tanks, that a good percentage of organic material is removed from the system when going through the lands. Commissioner Michael Lenz asked if hooking into the sewer system was a better option than hooking into a septic. Joe O’Neill said that runoff from the parking lot, even with separators, would not pick up the contaminates. He said the septic is equally as important. Commissioner Thomas Curley said he was concerned with the continued type of litigation. He said the City continues to seek help on the bypass as well as the water shed rules and regulations. Commissioner Bernard Mirling said there has not been much success from the towns on these issues. He said by not filing the necessary papers with the court, it reduces the City’s options. He said he was just as concerned about what was not going into the lake which needs to go into it. He said there are some things that get blocked by parking lots that do not go into the lake that need too and he was concerned and that piece of information is being ignored. He said he would be willing to work with Commissioner Thomas Curley on trying to set up discussions with the surrounding communities. Mayor Kenneth Klotz agreed that he is not happy with the litigation. He said we should continue the contact with the towns but he did not want to close out all options. Commissioner Michael Lenz asked why the Council was being asked to vote without hearing all of Commissioner Thomas McTygue’s information. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded that the City proceed with the appeal in reference to the lawsuit and to file a motion. Commissioner Thomas McTygue said he had more information but would discuss it after this item had been voted on. Commissioner Michael Lenz said that was ridiculous and he wanted to hear the rest of the information before the Council votes on this motion. Commissioner Thomas McTygue said he would present it later. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to hold off voting on Commissioner Thomas McTygue’s motion until the Council hears what Commissioner Thomas McTygue has to say about this issue. Roll call vote: Commissioner Bernard Mirling nay Commissioner Michael Lenz aye Commissioner Thomas McTygue nay Commissioner Thomas Curley aye Mayor Kenneth Klotz nay Motion denied. Roll call vote on initial motion: Commissioner Bernard Mirling aye Commissioner Michael Lenz nay Commissioner Thomas McTygue aye Commissioner Thomas Curley nay Mayor Kenneth Klotz aye Motion carried. Commissioner Thomas McTygue said there have been many attempts by the City’s to meet with Roy McDonald with no replies to his requests. He said also requested the street opening issue and sewer connection with the Town of Wilton be addressed and those details worked out. He said the developers paid for the first portion from Loughberry Lake Road to East Avenue and the Town was supposed to pay from East Avenue to Warren Street. He said it has not been done but he understood they were going to bid. He said because of this delay this City is now under a DEC order and that is only one of the reasons the City is withholding connections to City lines. He said we are not required to allow anyone to hook into the lines. Larry Benton, Saratoga County Planning Board, said the county planning board is much like a local planning board. He said projects within 500 feet of boundary lines are forwarded to the County for review. He said in April 1999 the County Planning Board recommended the Town of Wilton forward a plan to the City for their review. Commissioner Thomas McTygue pointed out that the City received that plan in August 1999. Larry Benton said shortly after the Town of Greenfield received the plans, they gave their approval for subdivision of the front portion of the parcel. He said the County recommended disapproval because they felt the design options should remain open. Larry Benton said the Elks Lodge then slightly revised their plans by reducing the parking setback request and moving the building to 160 feet from the lake. He said the County Planning Board felt that was a good design approach and approved that submission. He said the Elks Lodge has not yet received site plan approval. Larry Benton said it would be better to be hooked into a storm water line and there is a line available on Marion Avenue. He said there are some concerns though by hooking into that line (this site sits higher than the line, the line is more than 15 years old and the state is not sure if the pipe can handle the additional capacity). He said the state has said that a watershed study needs to be done, however, it is additional capacity). He said the state has said that a watershed study needs to be done, however, it is expensive. He said the site is flat which is another constraint. Commissioner Thomas McTygue asked who determine that the grade would need to be changed. Larry Benton said the town reviewed that issue. Larry Benton said he is not saying that it could not be done but that it would likely be expensive. Commissioner Thomas McTygue pointed out that Hal Gerow was only a landscape architect and not a P.E. Larry Benton said the most recent November design was dramatically different and much better than the first design. The building was moved to 160 feet from the lake and the parking lot was reduced in size. He said there are five or six catch basins that have oil separators in them. He said there is 14 feet of sand at this site and being 300 feet away from the lake reduces the amount of pollution to the lake dramatically. Commissioner Thomas McTygue pointed out that of the 160 feet, 100 feet was the slope. Commissioner Thomas McTygue asked if the state would allow the Elks Lodge to hook into the storm drainage. Larry Benton said they could hook in if a watershed study was done to demonstrate that the capacity level is available. He said the cost for this study was substantial. He said the county does not have the authority to compel the applicant to do a water shed study. He said in their February 2000 response to the town that they noted that they would approve the site plan when they know how the site will be operated, maintained, sequence of construction, sedimentation and erosion control, protection of the drywells. He said timing of the work was important and protection of the site from erosion was important. He said they also asked for an inspection construction schedule and that the town notify the City to allow the City time to review the plans before the town approves the plans. Larry Benton said the county conditioned their approval on the Elks issuing a conservation easement to the City for a “no activity” buffer zone, which means there could be no cutting and/or activity in that buffer area. Commissioner Thomas McTygue asked what was wrong with the Elks erecting a fence. Larry Benton said that could be done. He said it was his understanding that the Elks would accept the easement contingent upon the easement reverting to the Elks when Loughberry Lake was not longer used at the City’s water supply. Mayor Kenneth Klotz said it appears there are some areas of agreement. Larry Benton said there are. Commissioner Michael Lenz asked if the County Planning Board has an engineer who looks at these plans. Larry Benton said no. He said they sometimes rely on the County Water and Sewer District advisors. He said though that the information submitted is verified by the applicant’s engineers. Larry Benton said the County Planning Board wants to help both the City and the Town on resolving this issue. Commissioner Thomas McTygue said he wold be willing to work with Commissioner Thomas Curley and Michael Lenz on getting Roy McDonald to discuss this issue with him. He said he was proposing that the Council continue the litigation but at the same time try to negotiate the issue. He said he was concerned that Gerow Associates presented plans and their statements that some of the requested items could not be done. Commissioner Thomas McTygue said his staff spent one entire day working on this issue. He said Joe O’Neill and Paul Male worked on this issue and the City has been informed that the Elks Lodge can hook into the state pipe. He said it was also not necessary for the Elks to regrade the site by bringing in fill. Joe O’Neill submitted to Council members correspondence on the sequence of events. Joe O’Neill said a 30-day review period of this project means nothing unless the City’s comments can be made binding. He said the City is concerned that dissolved petroleum products do not receive treatment before going into the lake. He said going through the sand does nothing for petroleum products. Commissioner Michael Lenz asked if the Elks Lodge was constructed 300 feet away from the lake and had a storm system, would they likely get approval. Joe O’Neill said septic receives treatment going through the sand but he had not seen perc rates on this sand. Commissioner Michael Lenz clarified that based on the watershed rules and regulations if this was proposed beyond 300 feet and had a storm water system beyond 300 feet it would likely be approved. Joe O’Neill said DPW talked to the state on whether the City could hook into this line. He said Clyde Robinson measured the catch basin in front of the proposed Elks Lodge and it is seven feet deep. He said Paul Male then did calculations and determined that there is plenty of capacity in this line and the slope is adequate. He said that according to Gerow the topography of this site slopes toward the road. He said the maximum cost in order to tie into the pipe would be about $10,000. He said it has been smoke and the maximum cost in order to tie into the pipe would be about $10,000. He said it has been smoke and mirrors throughout this entire process and the state has not refused to allow the Elks to hook into the line. Paul Male said there is a 24-inch storm water line on Marion Avenue. He said the pipe continues 800 feet north of this site. He said it appears this line is running at about 50 percent capacity based on his calculations, therefore, there is capacity in the line for the Elks Lodge. He said the existing grade will require some work and it is likely that a detailed watershed analysis was needed. Mayor Kenneth Klotz asked if the Elks would be willing to do this in order to hook into the line. Commissioner Thomas McTygue said the Elks have refused. Commissioner Thomas Curley asked if this was the only remaining issue. Commissioner Thomas McTygue said the Elks have not been telling the truth. He said the Elks walked out of a meeting when asked about the storm drainage. Commissioner Thomas McTygue said this was a major issue. He said the Elks need to go in this direction. Paul Male pointed out that if the five drywells were removed from the Elks plan it would reduce their cost. Mayor Kenneth Klotz said he met with Bruce Cogan, Elks Lodge representative, and Bruce Cogan said they did not have a problem with looking into this issue. Commissioner Thomas McTygue said he had asked Mayor Kenneth Klotz to contact Roy McDonald on this issue but the Mayor did not do so. She said the Mayor chose to contact Roy O’Connor to discuss this issue with him. Commissioner Thomas McTygue said it was his understanding that issue was not on the Town of Wilton’s agenda because they had won the law suit. Commissioner Thomas McTygue invited Roy McDonald to work with the City on the adoption of the watershed rules and regulations. He also said the Town of Wilton should institute a moratorium for building on the shorelines of Loughberry Lake within the 300 feet. He said if the City could get that commitment from the Town then a package could be put together and the City could work with the Elks. He asked for assurance from the Town of Wilton that they would work with the City. Commissioner Thomas McTygue said using Saratoga Lake as a water source will take several years (between 10 and 15 years) and will cost $25 to $30 million. He reminded Council members that there is a consolidated school system, the value of homes could be affected by the water, etc. He said Loughberry Lake needs to last the City. He suggested that a neutral location be identified for him to meet with Roy McDonald. Commissioner Michael Lenz said when he asked earlier what was more important Doug Ward said it was more than likely the sewer and the water. He said when he then asked what was more compelling of those two (sewer and water), Doug Ward responded that was sewer. He said the solution would be to hook into the City water and sewer lines. He said that it seems now that the discussions have moved onto storm water. He said that when he asked Joe O’Neill if the building was more than 300 feet from the lake would it likely be approved without storm water and Joe O’Neill responded by saying that it would need to undergo the normal review process but could likely be approved. He asked what was the issue if they were willing to hook into the storm water system. Commissioner Thomas McTygue said the Elks have refused to hook into the system and have walked out of meetings. He said it is important that the City protect its water. Commissioner Michael Lenz pointed out that we have 30 days to file the papers and we should try to negotiate with the Town. Joe O’Neill said if this project was located in the City, DPW would likely recommend approval contingent upon hooking into the storm water drainage, water and sewer. Commissioner Michael Lenz said if they tied into all of the infrastructure it appeared that the major problems would be solved. He said it seems, since the Elks have agreed to tie into this infrastructure, to have been solved. Joe O’Neill said the Elks have walked out of meetings and have refused to hook into these lines. Commissioner Michael Lenz said he would be willing to work with the Elks. Commissioner Thomas McTygue asked if Commissioner Lenz would work with him to have the Town of Wilton put a moratorium in place. Commissioner Michael Lenz said that it should be the City’s goal to get an adoptable set of water shed rules and regulations. Commissioner Thomas McTygue said this has been on the table since 1994. shed rules and regulations. Commissioner Thomas McTygue said this has been on the table since 1994. Commissioner Michael Lenz said, that according to Doug Ward, it was likely that the watershed rules and regulations submitted to the state had a poor likelihood of adoption and more work is needed on those regulations. Doug Ward clarified that the state has not made watershed rules and regulations a priority. Commissioner Michael Lenz asked Doug Ward if without the approval of the surrounding communities what would be the likelihood of the state approving the watershed rules and regulations as submitted. Doug Ward said it was best to have the support of surrounding communities. He said this is a good time to work with the Department of Health. Joe O’Neill said the City followed the model from the Sutherland report. He said they have dealt with the local health official, Brian Fear, it was then sent to the DOH and at some point it will be reviewed. He said if there is anything wrong with the regulations they will be returned to the City for further work. He pointed out that the surrounding communities do not have to agree to the rules and regulations. DEPARTMENT OF PUBLIC SAFETY Law Enforcement Review Commissioner Thomas Curley submitted statistics on the calls for services during 1998 and 1999. He said this data shows that there has been a 7.3 percent reduction in calls for service. He said programs such as the K-9, bike and foot patrol have assisted in decreasing the amount of calls. He said there is an 18 percent reduction in reported offenses. He said the Police Department continues to be appropriately trained and staffed, both of which assist in decreasing the calls. Truck Inspection Update Commissioner Thomas Curley said he had sent a letter to Tom Warner and Senator Bruno proposing that some of the available funds be used to purchase a parcel on Route 29 to be used for truck inspections. He said unfortunately, because of constraints on the funding, purchasing property is not allowed. He said he would continue to look for other funds. Commissioner Thomas Curley said a truck enforcement day was recently held with 30 officers from the City, NYS police, Saratoga County Sheriff’s Department, DOT, IRS fuel inspectors, etc. He said there were 64 trucks inspected, 19 were placed out of service and 73 tickets were issued. He said they also surveyed the truck drivers during that inspection and it was determined that 90 percent of the trucks were coming directly to the City and not just passing through. Commissioner Thomas Curley said these enforcement days are good for the City. He said it sends a message to truck drivers and their companies that they need to be compliant when traveling to and through Saratoga Springs. Skidmore Fire Protection Program Commissioner Thomas Curley said recently Skidmore Seniors held a an event to promote fire safety awareness and to raise funds for the Worcester firefighters’ families. He said it was a event for Skidmore, the City and especially the Worcester families. Masie Building Washington Street – Informational Commissioner Thomas Curley said a request had been made that Marvin Alley be changed to one way. He said this had been discussed with DPW and there were no concerns expressed. He said this change will be made. MAYOR’S OFFICE Report – Camp Saradac Linda Terricola, Director, Recreation Department and Nancy Fontaine, Director, Camp Saradac, submitted for Council members’ review, information on the proposed field trips/activities for the recreation for Council members’ review, information on the proposed field trips/activities for the recreation department program during the summer. Commissioner Thomas McTygue asked if all of the attendees were from the City. Linda Fontaine said the majority are from within the City and all residents are accommodated first before it is opened to people other than residents. She said children attending this program from surrounding communities are charged more to attend. Linda Terricola said it was her understanding that according to state law these activities need to be approved by the Council. It was agreed that Council members would like to review this information before voting. Resolution – YMCA Contract (00-081) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the contract between the City Recreation Department (Youth Basketball) and the YMCA. He said this contract was the same as last year. Ayes all. Contract – Arvid Dahlstrom – Recreation Department (00-082) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the contract with Arvid Dahlstrom, Recreation Department. Ayes all. NYRA Contract (00-083) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the NYRA contract for the summer parking program. Ayes all. Saratoga County Partnership for Safe Children Vicky Morola, Domestic Violence Services; Russ Terpening, Police Department and Nancy Fairbanks, Saratoga Center for the Family informed the Council of this new partnership. Vicky Morrolla said a multi-disciplinary team with members from the District Attorney’s Office, Saratoga County Sheriffs Department, Social Services, NYS Police Department, Saratoga Hospital, Domestic Violence Services, Saratoga Springs Police Department, mental health officials, etc had been formed to work with sexually abused children and their families. She said they have been meeting for a number of years informally. She said 1 1/2 years ago, their focus changed because of a new way of working with sexually assaulted children. She said child advocacy centers are now popping up. She said this is a good program and the county needs this type of program. She said this program will make a difference for these children. She said these centers are child friendly locations with colorful walls and stuffed animals which helps to make the victim feel more comfortable. She said they have recently received and endowment that will allow them to either buy a building and refurbish it or to build a new building. She said they need the support of the community. She said tonight they simply want to inform the Council and community of this program. She asked that if there are any specific questions from the Council members or community that they call her at the Saratoga Center for the Family. She said she looked forward to working with the City Council. Mayor Kenneth Klotz thanked Vicky Morolla for her presentation and asked if a specific location had been identified for this center. Vicky Morolla said it would likely take several months to identify a location, but they would welcome suggestions from the Council. Russ Terpening said he had been working with this program since before he was placed on the Drug Task Force. He said he hoped this program would make one less child cry each day. He said this type of program is intended to break the cycle of abuse. West Avenue Project (00-084) Paul Male, City Engineer, said resolutions had been distributed to Council members on the West Avenue Project. He said these resolutions pertain to the funding and the construction inspection. He reminded Council members that initially this project was estimated to cost the City $1.3 million but that amount had since been reduced to $850,000. Paul Male said the first resolution was for reimbursement of $649,000, the second is for betterments at $850,000 (which the City pays entirely) and the third is to hire Clough Harbor for inspections. He said the cost of inspections will be about $500,000 and he anticipated that the City would be reimbursed about $335,000. Commissioner Michael Lenz asked if that was the total. Paul Male said yes, minus the change orders. He said these funds need to be deposited within the next seven to ten days. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Master Federal/Local Aid Agreement, which requires the City to pay a total of 20 percent of the project cost in the range of$866,000 for the non-federal share (approximately $650,000 to be reimbursed to the City), upon the city attorney’s review, be approved (resolution on file) Ayes all. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that the Project Agreement/Municipal Betterment Off State System requires that the City pay 100 percent at approximately $853,000 (resolution on file). Ayes all. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract between the City and Clough Harbour & Associates for inspection services at a cost of about $500,000. He said the City will be reimbursed 95 percent for the federal portion (resolution on file). Ayes all. Loughberry Lake Watershed Moratorium Previously discussed. Building Department – Report Mayor Kenneth Klotz informed Council members that advertisements had been placed for an assistant building inspector. Street Name Change – Allen Drive South (00-085) Mayor Kenneth Klotz requested that a public hearing be set for April 18 at 7:25 p.m. for name change for Allen Drive South to Madeline Drive. Council members agreed. Census – Discussion Mayor Kenneth Klotz said the census forms had been mailed and the Census Department is aiming for a return rate of 74 percent. He said those not returned will get a house visit. Comprehensive Plan Review Committee – Report Mayor Kenneth Klotz said the Comprehensive Plan Review Committee members had been appointed and Jeff Pfeil is the chair. He said he had given this committee direction to review the 1999 comprehensive plan, build on its strengths and make recommendations for refinement, modifications and implementation strategies. He said they will meet on April 11 at 7:30 p.m. in the Council room. He said there would be an interim report in June and a final report in October. NYS Quality Community Grant Applications (00-086) Geoff Bornemann said NYS has a grant program to try to promote smart growth and good planning for communities as well as for communities to work together. He said as a result of this program there is a good amount of interest from surrounding communities to apply for these grants. good amount of interest from surrounding communities to apply for these grants. He said the first grant was for the Route 50/Town of Milton/Village of Ballston Spa study. He said they are proposing a planning study to develop new guidelines on the commercial corridor. He said this affects only a very small portion of the City, however, they have asked the surrounding communities have asked that we participate. He said we have only three parcels in the identified area. He said there is no dollar amount required, no local match and only a small amount of in-kind service for the City to participate on the committee. Mayor Kenneth Klotz moved and Thomas McTygue seconded that the Mayor be authorized to send a letter to the Town of Milton/Village of Ballston Spa stating the City’s willingness to participate in this intermuncipal study with the Town of Milton and the Village of Ballston Spa. Ayes all. Geoff Bornemann said the second item was quite similar to the first. He said this grant is in connection with the First Wilderness Heritage Corridor, which is along the railroad line from Saratoga Springs to North Creek. He said there has been an effort to plan for a scenic railroad transportation line along that corridor and to improve the tourism opportunities. He said the nine communities along that corridor are working together to apply for a $40,000 grant to take the next step in developing an intermuncipal compact or organization to be able to operate this train and various programs along this line. He said there would be no budgetary impact. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to send a letter of support of this proposal. Ayes all. Geoff Bornemann said the third application is for the City only. He said it is tied to the Comprehensive Plan for a proposal to do a planning study that focuses on the entrance ways and the outer areas of the City which were not included in the recent Comprehensive Plan study. He said the areas are difficult to deal with and are potentially controversial. He said they are proposing to hire a consultant that would be able to do workshops and/or charretes. He said they would like to build consensus on what is the appropriate land use of these areas and that development guidelines be established. He said the grant application is due by April 17. Mayor Kenneth Klotz said a memo would be distributed in the very near future asking for Council approval of this grant application. New York State Speech & Hearing Association (00-087) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to issue a proclamation declaring the month of May as New York State Speech & Hearing Association month. Ayes all. Executive Session Mayor Kenneth Klotz requested an executive session for discussion on a tax case. Council members agreed to that request. Living Resources Group Home Mayor Kenneth Klotz said he had been contacted by Living Resources which is an agency that provides group home settings for disabled individuals proposing a home for four clients on Michael Drive. He said they have given him information on this plan and under state law they wish to initiate the 40 day waiting period. He said he is organizing a meeting of neighbors to facilitate communication on this matter. He said the City will have the option of approving, not responding, or issuing specific objections on this application. He said he would report back to the Council for further action. Kirby Road Easement (00-088) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded for the Mayor to sign an easement on Kirby Road with Ovsen Limited Partnership. Ayes all. EPA Grant (00-089) Geoff Bornemann reported this is a grant from the Environmental Protection Agency in connection with the clean up on Excelsior Avenue. He said there is a demonstration grant that EPA would like the City to participate in to continue to work with Nimo on the remaining issues of that cleanup. He said the three issues include the Spring Run Trail development, clean up and reuse of the ice rink, and restoration/preservation of the round house and substation. Geoff Bornemann said they are looking at developing a grant and are working with Open Space on this project to put together a coordination team that would facilitate the implementation of the cleanup. He said EPA is encouraging the City to participate. He said there is no local match or budgetary impact to the City. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to submit this grant application. Ayes all. Executive Session Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adjourn to executive session at 10:50 p.m. Ayes all. Council members returned at 11:00 p.m. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 11:00 p.m. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 11:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: