City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY , JANUARY 16, 2007 6:30 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:30 p.m. EXECUTIVE SESSION Article 7 Litigation Council members adjourned to executive session at 6:30 p.m. to discuss Article 7 litigation. PUBLIC HEARING Local Law #1 of 2007 – Administration and Enforcement of NYS Uniform Fire Prevention and Building Code Mayor Valerie Keehn said this is a proposed local law to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code. Commissioner Ron Kim said this is a classic unfunded mandate required by the state. This legislation defines a multi-use facility as having three or more apartments for residential use, therefore, it would not include two family units. The first thing they need to do is a comprehensive review of how many three family or more units are in the City. There are records kept in various offices throughout the City and they now need to be compiled into one complete data base. He hoped the inventory would be completed by June 2007. Once that is completed then there will be an inspection of each unit. He said this law was not meant to penalize property owners but rather is meant to work with the property owners to be sure that the units are compliant with the standards. He said they have not heard from any property owners on this matter. There will be fees imposed, however, they are not ready to address those at this time. Mayor Valerie Keehn opened the public hearing. Molly Gagne, 22 Vichy Drive, said that there are single family homes in the Geyser Crest area that were recently inspected and found to be substandard. She said all homes needed to be inspected. Tom Roohan said he owns a number of apartment buildings in the City and bigger government is not necessarily better. Currently he works with the Fire Department on inspections and each year there is some 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 new standard that needs to be met. He said that lock boxes have been required at apartment complexes, to allow the fire department access to the structure. Even though the lock boxes are required, they are not used. Fire department personnel tend to just break the door down. Then he is stuck with all of the damage and repair costs. He said they are required to go to the expense of installing the lock boxes but they are not used. This new law will certainly be another expense to the property owners. He did not believe there was an overwhelming need in the community. This will require DPS to hire additional staff to do this inventory and to perform the inspections. He also questioned as to whether this would validate a three family unit that is not zoned for that use. There are implications to this local law. Once it was adopted the City would then hear from the building owners. Commissioner Thomas McTygue asked Tom Roohan how he thought the City should proceedon this mandate. Tom Roohan said it is frustrating. He said there should be some research as to what would happen if the City did not follow the mandate. Commissioner Thomas McTygue asked about the time line for this matter. Commissioner Ron Kim said the City has three years from January 1, 2007, to fully implement this program. Perhaps the City/Fire Department needs to meet with property owners on the lock box matter. This law is not meant to penalize property owners. He expected most of the property owners to be compliant with the standards. Tom Roohan said it was simply another thing for property owners to do. He said that already property owners must register dumpsters and many of these mandates are unproductive, time consuming and wasteful. Commissioner Ron Kim said he had not researched the ramifications of not adopting this mandate. He said the attorneys would need to look at that. Commissioner Thomas McTygue suggested that the Council hold off adopting this local law until we can talk to our legislators. Commissioner Matthew McCabe said it was his understanding that the existing code enforcement officers, with their increase in hours, would do the inventory. This needs to be monitored to be sure that the City is getting this service from this department. He also noted that the Council could rescind any local law that it adopts. He said that perhaps there was a case to be made that it was a financial burden, therefore, the City may not want to do this mandate. Mark Baker, City Center Authority, said that there are too many unanswered questions. He said the City currently does fire inspections and now there is some reference to operating permits. He asked if facilities such as churches, the City Center, Music Hall, would be required to obtain an operating permit or was it the group hosting the event. He said the proposed local law did not have enough information on code enforcement and what kind of permit was necessary or would multiple permits be required, the fees have not been defined, would municipal facilities be required to adhere to this law, would additional inspections be required. He said that some of these facilities, such as the City Center, are charged with attracting business to the community and this could be a burden. He believed that it was repetitive and asked that the Council hold off on adopting the local law. He said it may start off as user friendly, however, it quickly becomes fact. He suggested that Council research whether the City must adhere to this mandate and/or can it be modified from what the state is proposing. Commissioner Ron Kim said his office is simply building the framework through this local law. He said that some of the details still need to be defined. He believed it would be the facility and not the event that would require the permit. It was not his intent to make this difficult for property owners. The state legislation does not define the details and he was comfortable with the proposed legislation which allowed his department to build the framework. He believed it was appropriate to adopt this legislation this evening. This local law allows for some discretion on the City’s part. Mark Baker said the details need to be worked out in the beginning. Code enforcement needs to know what they are charged with, the property owners need to know the fees and what is expected of them. Everyone should have a understanding before adopting this local law. He said the inspections were redundant because fire inspections are already done. He asked for further clarification before it is adopted. Mayor Valerie Keehn said this is a state mandate and it was likely that the City needed to show some movement on this matter. To not pass something would be irresponsible. However, she suggested that there be some discussions with the DBA and property owners on making it more user friendly. Commissioner Ron 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Kim said that some of this is not negotiable – it is mandated from the state. Mayor Valerie Keehn suggested that there be a workshop with state officials to clarify what is expected from the City. Commissioner Ron Kim said his staff has met with state officials on this matter. Commissioner Thomas McTygue said he had concerns with issuing a permit for the Music Hall and the Casino. Commissioner Ron Kim said those are all areas that can be defined. Tony Izzo said much of this local law already exists in other ordinances. However, the operating permit section is new. Phil Diamond, 29 Waterview Drive, said this appeared to be ambiguous due to the lack of clarification. Increased paperwork would be a burden to all. He suggested that it not be adopted this evening which would provide a little leverage with the state. If the City adopts the local law, there will be no leverage with the state. Commissioner Matthew McCabe said that doing the inventory shows that the City is willing to comply. The City needs to be sure that tenants have a safe place to live. He said the City could continue with the inventory without the adoption of this law. The public hearing was not closed. Local Law #2 of 2007 – Moratorium on Adult Uses Mayor Valerie Keehn said this is a local law to extend through April 30, 2007, the moratorium on approvals, permits and licenses for adult use establishments enacted by local law no. 2 for the year 2006. If the Council completes consideration prior to that date, the Council can terminate the moratorium. The Planning Board has developed a draft ordinance. She noted that the City cannot ban adult uses, however, the City can control the location. The two proposed locations are near the stone quarries and near the Racino on Jefferson Street. Mayor Valerie Keehn opened the public hearing. Janet Howles, 3 Clubhouse Drive, said her home is located near the Racino. The Racino already attracts many undesirables and adding adult use entertainment would certainly attract more. There is already a tremendous amount of traffic and noise. There are many residential homes in this area and adult entertainment in this area is simply the wrong location. She said the area along Route 9 south of the City was rejected because it is a gateway to the City. This is a gateway to the City as well, with the Racino, harness track and the thoroughbred track. She said they already have the Racino and they should not be forced to take on adult entertainment as well. She noted that there are sexual offenders living at the Brentwood Motel and having adult use entertainment located so close to that place should be taken into consideration. Chris Mathiesen, 28 Friar Tuck Way, said the stone quarry area is located near many residential homes and said this too would not be a good location. Commissioner Matthew McCabe asked if the Council could simply keep extending the moratorium for ever. Tony Izzo said there needs to be a valid reason for extending the moratorium. Commissioner Ron Kim suggested that some research be done on simply letting those individuals apply for adult use entertainment, deny their request and let them sue. He said that in the end, the City will never find a location that makes everyone happy. He said the Council should simply say that this is not consistent with the community’s values and not allow that use. Commissioner Thomas McTygue suggested designating the state owned land on Route 9 south as the appropriate location. Michael Englert said the danger of not identifying a specific area would be that if the applicant was to sue the City, it would be very likely that the applicant would win, then the establishment could be placed anywhere because the City had not identified a specific area. He said by not identifying a location, the City loses control. Doing nothing, makes the City more vulnerable. Mayor Valerie Keehn asked if public opinion/support might sway a judge. Michael Englert said that was unlikely. The judge would adhere to than law and not feelings. 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner Matthew McCabe agreed that the City should look into designating the state owned land as the location. He also suggested that perhaps going to referendum on this matter might be something to think about. The Council needs to consider the financial implications of allowing adult use entertainment in the City. Craig Clark, 40 Walton Street, said that while he did not support adult use entertainment, the Council was walking a fine line on discrimination by simply not allowing the use. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. EXECTUTIVE SESSION Article 7 Litigation (07-05) Commissioner John Franck moved and Commissioner Ron Kim seconded to authorize the settlement on the Article 7 litigation as discussed in executive session for 590 North Broadway. Ayes all. PUBLIC COMMENTS Mayor Valerie Keehn opened the public comment period. She reviewed the rules of conduct and asked that speakers limit their comments to between two and three minutes. Wilma Koss, 160 Kaydeross Park Road, again encouraged the Council to consider purchasing water from Saratoga County rather than drawing from Saratoga Lake. She said it would cost much less to purchase only what we need rather than constructing a whole new intake system. She said that water usage has gone down with the more efficient appliances and fixtures. She encouraged the Council to participate in the County water plan and to not spend $35 million on the City’s plan. Craig Clark, 40 Walton Street, did not support selling Lillian’s parking lot. He said selling it for $750,000 was a low price. He suggested bringing in engineers to look at the structural needs of the location and then repair it. He said that some thought should be given to using it for green space. He also said the area on Woodlawn Avenue could be a mixed use building with a media center, movie theater or internet café. There should also be some consideration for the new police station. He said that in connection with open government, residents need to be encouraged to come out and speak and not feel intimidated. Dawn Oesh, President DBA, 147 Regent Street, said in October she distributed a list on parking/pedestrian related issues to the Council for consideration. Those recommendations included: a) pedestrian crossing – length of time; b) speed limit on Broadway, c) left turn lane at Lake Avenue; d) motorcycles in front of cafes; and e) truck traffic. She said they have met with DPS staff and were told that it was unlikely that these recommendations could be implemented. It was agreed that there should be a workshop on this matter and Mayor Valerie Keehn would facilitate. Kyle York, 59 Railroad Place, said he just spent three weeks in Florida. After reading the newspapers from around that state, he noticed that they have the same issues as Saratoga Springs – government and growth/green space. Saratoga Springs is not unique. He noted though that Florida’s taxes are tremendously high and they have infrastructure issues. Chris Mathiesen, 28 Friar Truck Way, said there have been a number of attacks made on Commissioners at recent meetings. He said while we may not all agree with Council members, there needs to be decorum. He said that volunteer land use board members should not serve more than one term. Commissioner Thomas McTygue has done a lot for the City over the last 30 years. The public comment period should not be used for attacks. Andrew Brindisi, Vice President of the DBA, said he often has motorcycles parked in front of his outdoor café and he understood that the City cannot tell the motorcyclists that they cannot park there, but it is very frustrating. 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner Ron Kim reviewed the issues brought up by Dawn Oesh: a) there are mandates by the EPA on moving traffic along Broadway and if pedestrian crossing times are lengthened, traffic slows down; b) there is little speeding along Broadway especially during the summer months because of the amount of traffic; c) if there was a left turn at Broadway, it would make it more difficult for pedestrians to cross; d) the City cannot prohibit motorcyclists from parking in front of Andrew Brindisi’s establishment; e) there needs to be a truck traffic route in order to the trucks off of Broadway. He said he was willing to meet with the DBA to discuss these matters. Mayor Valerie Keehn said the Downtown Transportation Committee met this week and there were several recommendations from that committee. It is important to review the recommendations on pedestrians and to discuss this matter with DBA and the Chamber of Commerce. Commissioner Thomas McTygue said Wilma Koss knows that it’s more than a few thousand gallons per day that the City is seeking. The City is looking for a long term water supply. If it was just a matter of a few thousand gallons per day the City would install wells. Loughberry Lake, at some point, will no longer be sufficient to meet the City’s needs. He said that it was interesting that not one of the County’s Water Board Authority’s members have signed on with the County’s water system. He said the City’s plan was a good plan for the City. He was willing to match the City’s numbers against the County’s numbers. Former Supervisor Philip Klein said that the only reason the County wanted the water was for the Chip plant. He said that if this water line was developed, there will be massive development and growth along the line which creates more traffic and more infrastructure needs. Commissioner Thomas McTygue said that in reference to Mr. Clark’s comments on the Lillian’s parking lot, the City has brought in professional engineers to look at the lot. There are major structural issues to deal with. He suggested that Craig Clark stop by to see Paul Male anytime. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. PRESENTATIONS Parking Deck Sign Program Commissioner John Franck presented a power point presentation on a proposed parking deck sign program. He said it would create revenue for the City, bring business into downtown and beautify the parking structures. He said the revenue generated from this program would be used to offset maintenance of the structures. The parking structures are not historic structures. The signs would have a Victorian design. There would be both vertical and horizontal signs on the beams and the open wall spaces. The signs would be no more than 120 square feet – 24”x120” or 60”x48”, aluminum channel frames tapped and screwed to the sign superstructure. They would be clear coated digital prints that are graffiti resistant enamel. He noted that in a recent edition of the USA Today newspaper dated January 10, 2007, there was a story which stated that the Transportation Security Administration may allow advertisements in the bins used at security check points in airports. Commissioner John Franck said the City will solicit the space to local businesses, local businesses will submit their graphics, sign plates will then be created on a uniform approved template and the revenue gained from this will help to defray the cost of maintaining the parking decks. Consumers will see the signs when they pull into the garage, when they exit their car and when they return to their car. Average daily hits could be 2,520 for the Church Street deck and 2,232 for the Putnam Street deck. The possible number of ads could be 18 horizontal and 6 vertical for Church Street and 16 horizontal and 6 vertical for Putnam Street. The cost of maintenance of the signs is approximately $20,837 for the Putnam Street deck and $15,189 for Church Street. Potential revenue could be as high as $72,000 per year for the Church Street deck and $66,000 for the Putnam Street deck, less annual maintenance of $36,026 for an estimated annual property tax relief of $101,974. The price to advertise could be $250/month for local businesses, $500/month for regional businesses and $750/month for national businesses. Commissioner John Franck said once this program is up and running it would be administered by DPW. He has consulted with the OAAA which writes policy at state and federal levels on such matters. He also noted that the City currently allows for advertising at the ice rinks. LeChase Construction was of great assistance in developing this proposal. 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner John Franck said the next step was to generate an RFP, receive Council approval to distribute the RFP, obtain approvals from the Design Review Commission and have the fee schedule approved by the Council. Commissioner John Franck said this sign program will promote downtown business, provide downtown maps, won’t cost the City any money, provides property tax relief for property owners, defrays the maintenance costof future structures and assists in paid parking relief. Commissioner Matthew McCabe said this sounded like a good program. He asked if the Woodlawn Avenue parking could be included. Commissioner John Franck said that would depend on how that structure is developed. He said a public/private partnership could impact signage at the deck. He said he has many other ideas for revenue generating sources and this was just the beginning. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the consent agenda as presented. 1. Approval of Minutes: December 19 & January 3 2. Approval of Payrolls: 1/5/07 $307,321.86 1/12/07 $378,732.81 3. Approval of Warrants: MC3DEC06 Mid $ 63,784.42 MC1JAN07 Mid $ 16,914.46 4DEC06 General $ 983,201.94 1JAN07 General $2,837,631.92 4. Approval of Budget Amendments (Attachment A) Commissioner Matthew McCabe noted that the school tax payment and the retirement payments were on the large warrant. Ayes all. MAYOR’S DEPARTMENT Power Outage Mayor Valerie Keehn thanked City staff for all of their hard work during the power outage. She said it is almost a year since the last power outage. She spoke to National Grid earlier today and there are still about 2700 homes in the City without power, however, they expect everyone to have power by tomorrow evening. The Maple Avenue School was used as a warming site and the Red Cross had warming sites located throughout the County. There were full service shelters in the Towns of Wilton, Milton & Malta and at the Corinth, Gansevoort and Greenfield fire departments. She thanked the Police Department for all of their hard work noting that they will begin their door to door campaign. Commissioner Ron Kim noted that the fire department responded to more than 45 calls from people stuck in elevators, carbon monoxide concerns, downed power lines, etc. Resolution for Embury Apartments Tax Exemption (07-06) Matthew Jones, attorney, representing the Embury, said that Embury plans to make an application for funding for a refurbishing project at their buildings on Lawrence Street. Under NYS Law, 501c corporations may apply to the municipality for property tax exemption relief. They are seeking relief for the next 17 years. If this resolution is adopted, it allows them to make application to the state, obtain that approval, begin construction and complete the project within two years of start of construction. The project would remain tax exempt for the remaining 15 years. There is no financial impact to the City because the property is currently tax exempt. The apartments will remain low to moderate income eligible and if not, the agreement with the City would be terminated. 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Mayor Valerie Keehn moved and Commissioner John Franck seconded to adopt the following resolution: A Resolution of the City Council of the City of Saratoga Springs, New York , authorizing the Mayor to enter into a property tax exemption agreement for Embury property WHEREAS, Embury Apartments seeks to make application for capital funding for a $12-$14 million refurbishing of the buildings and apartments at its campus on Lawrence Street; and WHEREAS, the refurbishing of the buildings and apartments will represent a substantial improvement to the low and moderate income senior residents of the 208 apartments at the campus; and WHEREAS, Embury is currently exempt from payment of city, county and school taxes, pursuant to its IRS 501(c)(3) status; and WHEREAS, the City of Saratoga Springs seeks to encourage Embury to make application for the capital funding by entering into a Property Tax Exemption Agreement with the City pursuant to Article V of New York State’s Private Housing Finance Law which will continue to exempt the property from taxes for the term of the capital funding agreement, NOW, THEEFORE, BE IT RESOLVED that the Mayor, following receipt of the Certifications of Waivers, as the case may be, from the Commissioner of Finance pursuant to Article V of the Public Housing Finance Law, is authorized to execute a Property Tax Exemption Agreement on behalf of the City of Saratoga Springs pertaining to the Embury property so as to exempt the property for the duration of the capital funding program, all in accord with the provisions generally set forth on the attached form of agreement. Ayes all. Waive of Bid – Contract for Zoning Board Technical Services Brad Birge said the ZBA has recently been presented with a series of use variance applications for cell towers. Several months ago, the City did an RFP and contracted with Blue Wing Services for review of a cell tower application. Since that time there were two additional applications and now a fourth application. For consistency, the Board would like to have Blue Wing Services review all four of the applications. Commissioner Ron Kim asked what was the reason for so many cell tower applications. Brad Birge said it was his understanding that there was a capacity issue near the mall and in other certain areas of the City. Mayor Valerie Keehn questioned whether the trips that Blue Wing Service personnel makes to the City would be consolidated. Brad Birge said the representatives are in the area frequently. He reminded Council members that this review is paid for by the applicant. The review process will take place over the next several months. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the waive of bid and authorize the Mayor to sign the contract with Blue Wing Services for their review of the cell tower application as presented. Ayes all. Proposed Land Use Board Member Training Policy Brad Birge that that a training policy for land use board members has been crafted. As of January 1, 2007, new state legislation requires these board members to have four hours of training per year. The legislation is quite broad, therefore, the City developed a policy that better defines the training. All land use board members will be required to have fours of training each year. There is a provision that if a board member completes more than four hours per year, the additional time can roll to the next year. The new policy includes a lengthy list of approved agencies. Brad Birge will maintain the records and submit them to the clerk each year. Commissioner Matthew McCabe stated that the funding for training had been included in the budget. Commissioner Ron Kim suggested that if a board member did not fulfill the obligation of complying with the training, then it should be presumed that they have resigned from the board. He said these boards expose the City to lawsuits and the members need to participate in the required training. Mayor Valerie Keehn said there 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 is a clause in the policy stating that noncompliance may be deemed a proper cause for removal.Commissioner Ron Kim said that board members should either take the training or not be on the Board. Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to amend the motion that if a board member is not compliant with the training requirements it shall be presumed that they have resigned their seat on the board. (There was no original motion.) Brad Birge said that most of the members currently attend training. Michael Englert said he was somewhat concerned with an amendment which might alter the terms and conditions of board members terms. He said he needed to do some research on procedurally how an individual may be removed from the board. It was agreed that Michael Englert would research the matter further and the policy would be brought back to the table. Zoning Board of Appeals Activities for 2006 Brad Birge reviewed the ZBA activities for 2006. He said the Board was well governed by Chris Mathiesen. The number of applications before the board have held steady with four use variances (one of which is denied) and 77 area variances with 97 percent receiving their variance. He said it was interesting to note that 60 percent of the area variances are within the UR1, UR2 and UR3 districts. He said that it would be a good area for the comprehensive plan to review. The ZBA drafted language and the Council adopted language concerning reapplying for variances. There was an Article 78 decision overturned. There are four cell tower applications at 75 Weibel Avenue, 84 Weibel avenue, 470 Route 50 and 252 Washington Street. For the upcoming year, they are looking at ways to improve neighborhood notification through mailing to both the property owner and the resident. Commissioner Matthew McCabe also thanked Geoff Bornemann for his yearly update on Planning Board matters. Zoning Board of Appeals Appointment (07-07) Mayor Valerie Keehn announced the appointment of Carol Maguire to the Zoning Board of Appeals with a new seven year term and her unexpired term to be filled by Pell Kennedy. Recreation Department to Apply for Stewart’s Holiday Match Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Recreation Department to apply for the Stewart ’s Holiday Math grant. There is no city match required. Ayes all. Recreation Department to Apply for WGY Christmas Wish Grant Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Recreation Department to apply for the WGY Christmas Wish Grant program. Ayes all. Mayor Valerie Keehn noted that last year the City received $300. Recreation Department to Apply for David B. Silipigno Foundation Grant Mayor Valerie Keehn withdrew this item from discussion. Establish an Interdepartmental Committee to Oversee Construction of Recreation Facility Mayor Valerie Keehn announced the establishment of an Intradepartmental Committee to oversee construction of the recreation facility. Members of this committee will include Linda Terricola, the Chair of rthe Recreation Commission and one other member of the Commission, Paul Male, Geoff Bornemann, Bill McTygue, Marilyn 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Rivers and Mark Benecquista. Commissioner Thomas McTygue suggested that there be some members of the building trades to help review the contracts. Mayor Valerie Keehn said that would be fine, but the core committee needed to get up and running. Commissioner Matthew McCabe asked if Council members would be able to submit additional names. Mayor Valerie Keehn said the core committee needed to get up and running, name a chair and then leave it up to the chair on whether there should be additional members. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the core group of individuals for the Recreation Facility Review Committee. Ayes all. Commissioner Thomas McTygue said the memo that was distributed by the Mayor with the time line and preparation of bid documents was somewhat confusing. He asked for clarification. He said it was his understanding that this would be a design/build contract and that is the way the RFP was being developed. Mayor Valerie Keehn said she did not have a problem with the design build, however, perhaps an architect should be involved in the development of the RFP. She said the timeline that was distributed was a general timeline. Commissioner Thomas McTygue said he understood that, but the time line did not say anything about a design/build project. He said if it is not discussed now, it could be a problem later. Mayor Valerie Keehn said there needed to be further discussion on whether this was a design/build project. Commissioner Thomas McTygue asked how his department could be expected to develop a document when he didn’t know what the document was to be. He asked if perhaps the timeline be set aside and let the committee decide. Mayor Valerie Keehn reminded everyone that Commissioner Matthew McCabe has a recreation committee that will follow the process as well. The timeline is just a guide. She said there was no reason to not move ahead with this project. Commissioner Thomas McTygue agreed that there was no reason to not move ahead, however, he needed some direction on which way to go. Mayor Valerie Keehn suggested that the committee meet and let them discuss the benefits/problems of design/build. Commissioner Thomas McTygue again asked for direction. Mayor Valerie Keehn said he should follow the direction of the committee. It was agreed that he would wait until the committee meets. Zoning Board of Appeals Appointment Previously discussed. Recreation Commission Appointment Mayor Valerie Keehn announced the appointment of Rich Flaherty to the Recreation Commission. Animal Shelter Agreement (07-08) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the agreement with the County for the Animal Shelter in the amount of $5,950.29. Ayes all. SPAF Grant – Cultural Services Agreement (07-09) Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the agreement between the SPAF and the Visitors Center for a grant of $2,500. Ayes all. ACCOUNTS DEPARTMENT Parking Deck Sign Program Previously discussed. Authorization for Mayor to sign Grant Applications (07-09) Commissioner John Franck said that Nancy Wagner is currently preparing two grant applications to be submitted to the Local Government Records Management Improvement Fund. The first grant application is for a preservation survey of the City Historian archives. This grant application will not exceed $10,000. The 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 second grant application is for an agenda management system. The agenda management system will streamline the process and distribution of the City Council and the land use boards’ agendas and attachments. It allows for improved public access, reduces excessive paperwork and improves the process of preparing for meetings all of which supports open government. There are several modules for agenda management available. Both Laser Fiche and General Codes offer agenda management programs. The City of New Rochelle currently uses an agenda management system. At this time we are still determining the cost of necessary peripheries and assembling the application for the agenda management system but the grant application will not exceed $75,000. Both of these grant applications are non-matching, competitive grants. The results of each application are expected to be announced in July 2007. The project period will run from July 1, 2007 to July 31, 2008. The grant application deadline is February 1, therefore, it necessary to receive Council authorization this evening for the Mayor to sign the grant applications. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded for the authorization for the Mayor to sign two grant applications with the Local Government Records Management Improvement fund for the preservation survey of the City Historian archives and the agenda management system. Ayes all. Sick Bank Request (06-10) Commissioner John Franck moved and Commissioner Matthew McCabe seconded to allow an employee of the CSEA City Hall bargaining unit to draw 42.05 sick days from the CSEA City Hall unit sick bank. Ayes all. Systems Summit – Update Commissioner John Franck announced that the systems summit has been scheduled for February 13th from 10-4 in the Council Room with a snow date of February 16th. My office will send a memo the last week of January to each department requesting a "wish list" of services. The list will be compiled and an Agenda will be generated. We look forward to everyone's participation. Zoning Amendment – Wendy Hopkins Commissioner John Franck said that pursuant to the Council’s request of December 6, the Planning Board reviewed the proposed petition submitted by Wendy Hopkins to change the zoning classification of a 1.4 acre parcel of land at 37 Nelson Avenue Institutional-Horse Track Related and Tourist Related Business to Urban Residential-3 and Institutional Horse Track Related. The Planning Board reviewed the proposed map amendment at their January 10 meeting. Following the discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning map amendment. 1. The Board believes that the proposed change in use is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the front portion of the property to have maximum density of 8 residential units. However, as indicated the property is encumbered by a deed restriction that limits the density to 2 units. Since the residential density is less intense than the commercial or institutional use, the Board believes that the proposed zoning change is compatible with the Comprehensive Plan designation of the Track Related Facilities. 2. The proposed INST-HTR and UR-3 designation for this site is in accord with the existing zoning ordinance because these zoning designations already exist in the zoning ordinance. 3. The Board did review other alternative solution such as making no zoning changes, rezoning the front portion to UR-2 or changing the zoning on the other adjacent parcels. The Planning Board concluded that the applicant’s proposal was the more reasonable solution. 4. The Planning Board believes that there are adequate utilities in this area to serve any possible site development changes. The Board believes that the special us permit process can control the density of any project within the INST-HTR district. Therefore, Commissioner John Franck set a public hearing for Tuesday, February 20 at 6:25 p.m. on this zoning amendment request to change the zoning from Institutional-Horse Track Related and Tourist Related Business to Urban Residential-3 and Institutional Horse Track Related. Local Law #1 Adult Use Moratorium (07-11) 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner John Franck moved and Mayor Valerie Keehn seconded to adopt Local Law #1 to extend through April 30, 2007, the moratorium on approvals, permits and licenses for adult use establishments enacted by local Law #2 of 2006. Commissioner Ron Kim said this is now the third time that the Council is extending this moratorium and asked if this would impact the City negatively. Michael Englert said that the law requires that the process be moving forward and it is with the Planning Board’s review of the adult use matter. Therefore, the extensions that have been granted are appropriate. Ayes all. Informational – Notice of Public Hearing Commissioner John Franck said that he recently received notice of a public hearing to be held on February 14 at 8:00 a.m. in the Council room by the County IDA on a pilot program for Eagle Association at Grande Industrial Park. Eagle Association will occupy a 100,000 square foot beverage operation. The total cost of the project is expected to be $12 million. If the IDA approves this contract, the business will be exempt from sales tax, property tax and mortgage taxes. The cost of the land is $1.2 million and the construction costs are estimated at $8.3 million for a total of $9.5 million. If the project is not exempt it could be $47,000 to the City, $25,000 to the County and $134,000 to the school district. The mortgage tax would be $1.2 million. He said that this will bring a few jobs to Saratoga County, however, wondered if it was worth the loss of revenue. There is a public hearing scheduled on February 14 and he encouraged interested parties to attend. Commissioner Ron Kim said that truck traffic throughout the City will increase tremendously with this project. He said he was not sure that all of these tax incentives should be given to this company unless there was some economic benefit to the city. The City will be burdened with additional truck traffic from this project. Commissioner Matthew McCabe said he had talked to Larry Benton and the school district’s attorney. He planned to attend the hearing on February 14. There are serious fiscal concerns with the approval of this agreement. Commissioner Thomas McTygue asked if this would come to the Council for approval. Commissioner John Franck said no it was a County decision. Mayor Valerie Keehn said the City needs to make the IDA aware of their concern on truck traffic and other matters with this project. Commissioner John Franck said that what generally happens when the PILOT program ends, the company sues the City on their assessment. He said that the City was recently sued on this parcel for over assessing it, so it was reduced in assessed value, and now it sold for more than the City’s original assessment. He said it was important for Council members to go to this public hearing. FINANCE DEPARTMENT Tax Anticipation Note (07-04) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the tax anticipation note of January 16, 2007, for the issuance of a note(s) for the City of Saratoga Springs , New York, not to exceed $2,600 ,000.00 in anticipation of the collection of 2007 property tax revenue for the fiscal year 2007 (Attachment B) . Ayes all. DEPARTMENT OF PUBLIC WORKS Increase Garage Attendants’ Salary (07-12) 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to increase the garage attendants ’ salary to reflect the new DPW laborer rates of Laborer 1, Laborer 2 and Laborer 3 with an effective date of January 1, 2007. Commissioner Thomas McTygue said these four garage attendants are part time and not part of the DPW CSEA contract nor do they receive benefits. These employees have their increases approved on a yearly basis. This is an anticipated expense. The increase is the same percentage as the CSEA contract. They are part time individuals who cover the weekends and holidays. Ayes all. Athlete’s Banquet Monies Commissioner Thomas McTygue said the City had collected a total of $30,600 in donations for the Athlete’s banquet that was held on November 22. After all of the outstanding bills have been paid there remains $6,077.03. They also plan to distribute $1,000 to the youth hockey program. He proposed that the remainder of the funds, slightly over $5,000, be donated to the YMCA to be used to sponsor members for children who could not otherwise afford a membership to the YMCA. He said he did not need Council approval on this but wanted to keep the Council updated. He also noted that he would work with the Finance Department on this distribution. Geyser Road Bridge Sidewalks Commissioner Thomas McTygue said he has received a letter from the Saratoga County Board of Supervisors concerning the bridge over the D&H railroad on Geyser Road. The County will be doing a renovation of that bridge beginning in May of 2008. If the City wants sidewalks on that bridge, the City’s share would be $4,000. If we chose to do this, we have to enter into an agreement with the County the spring of 2007. The federal government will pay 80 percent, the state 15 percent and the City 5 percent with that amounting to about $4,000. He said if the Council wants to do this, the agreement will need to be signed with the County in the spring. It was agreed that a resolution would be brought back to the next meeting on this matter. Commissioner Matthew McCabe said he needed to do some research on budgeting for this in connection with committing the next Council to a project. Commissioner Ron Kim asked what would happen if the project exceeded the estimated cost and would the City’s share go up. Commissioner Thomas McTygue said yes. Supervisor Joanne Yepsen said the costs were capped. Change Orders #1 & 2 for Interlaken and Water Treatment Plant Rich Straut, Barton & Logudice, said they have been working with the City on a number of projects one of which is the integration of the Interlaken water system into the City wide system. The new station will be on line by the end of January. There were a few changes to the project that were identified in the field which were related to the electrical supply which needed to be upgraded to 480 volt service and a new pad for the transformer which is being required by National Grid. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve change order #1 for Brunswick Electric for the Interlaken Water System Improvement in the amount of $13,287 for the extra electrical work that is needed noting that the money is within the capital budget. Ayes all. Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to approve change order #2 for Brunswick Electric for the Interlaken Water System Improvements in the amount of $8,798 for extra electric work not covered by the current contract. The money is in the capital budget. Ayes all. Change Order #7 Lenz Hardware for Water Treatment Plant Rich Straut said this is work that is ongoing at the water treatment plant over the last year and will come to a finish in the very near future. This project is for the upgrade of the disinfection system from gas chlorine to 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 sodium hypochlorite and ultraviolet radiation disinfection. This is a small change order for duct work for the new addition to the rear of the water treatment plant. Commissioner Thomas McTygue said that within the next few weeks, Rich Straut will return to do a presentation to the Council on the entire process at the Water Treatment Plant and the addition of the Interlaken water system to the City’s system. Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to approve change order #7 for Lenz Hardware for the Water Treatment Plant Disinfection System Improvements in the amount of $1,066.07 for extra work. This information was previously distributed to Council members. The money is in the capital budget for this change order. Ayes all. Clarification of Minutes Commissioner Thomas McTygue said he wanted to clarify a motion that was brought forth at the January 3 Council meeting for the records management clerk position to be funded under the grant application. At that time, he amended the motion to include a part time senior account clerk at the rate of $12 per hour, however, it was not properly stated. Therefore, Commissioner Thomas McTygue moved and Commissioner John Franck seconded to raise the hourly rate cap for part time senior account clerks to allow a salary range from $9 to $12/hour effective January 1, 2007. This clarifie s the prior minutes . The money is in the budget. Commissioner Thomas McTygue said this allows for a range for the senior account clerk. He said he has one senior account clerk in his office. Ayes all. Storm Commissioner Thomas McTygue commended City employees for their outstanding work during the recent storm. He said the crews were sanding and salting, however, the freezing rain was washing it away. The streets today are in good shape though. The City has 145 miles of roads. They would rather deal with snow than ice or freezing rain. The amount of limbs and trees that came down was tremendous. It will take the crews quite some time to clean this up. He asked residents to be patient. DEPARTMENT OF PUBLIC SAFETY Accept Pedestrian Safety Project - $4,500 (07-13) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to accept the Pedestrian Safety Project grant in the amount of $4,500. Ayes all. Accept Bike Safety/Bike Safety Rodeos Grant - $2,000 (07-14) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to accept the Bike Safety/ Bike Safety Rodeos grant in the amount of $2,000. Ayes all. Commissioner Ron Kim said both of these grants are from the Governor’s Traffic Safety Committee. Authorization for Mayor to sign contract with Hamilton & Watt (07-15) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract with Hamilton & Watt in an amount not to exceed $10,000 for DPS labor services in connection with contract negotiations and grievances. Ayes all. Local Law #1 – Administration and Enforcement of Codes 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Commissioner Ron Kim withdrew this item from discussion. City Hall Security Commissioner Ron Kim said the Safety Committee has been reviewing City Hall security. There is some funding in the capital budget to implement security at entries/exits and a buzzer type operation. He said he believed that it was time to look beyond the recommendations of the Safety Committee and perhaps expand on those recommendations and look at other measures. He said when entering any federal building, bags are searched. He was not suggesting that such measures were necessary in City Hall, but there are some legitimate security needs. He also noted that the school system is working with his department on hostage training instances and perhaps that type of training was necessary for City staff. The Safety Committee is comprised of members from all departments and he anticipated that during the next budget cycle there would be additional recommendations from that committee. SUPERVISORS Joanne Yepsen Storm: Joanne Yepsen said that Saratoga County was the hardest hit county during the recent storm with more than 45,000 homes without power of which 6,800 were within the City’s limits. She thanked the County sheriff’s staff and the Red Cross volunteers for their many hours of work. She noted that some of the county’s buildings were not functioning today and some meetings were cancelled. Empire Zone Program: The SEDC will administer the Empire Zone program. The Saratoga County Board of Supervisors will meet on January 23 with AMD. Lake Lonely flooding: She is working with Congresswoman Gillibrand’s office on getting some funding for the flooding in that area which is long overdue. There is flooding at this time due to a log jam. Grant training: There will be training from the Grants to You program on February 2 & 3 thanks to funding from Assemblyman Tedisco. If anyone is interested in attending, please contact her. Athletic Banquet: She said the athletic banquet held in November was a great success and she was glad to see a surplus. She suggested that some of the remaining money go to Camp Saradac to fund scholarships for handicapped children. Water Project: She said that she supports regional planning and cooperation, however, she must also be fiscally responsible and she believed that the proposed county water project was not fiscally responsible. She said the County has already spent nearly $3 million on this project which is not free money. She noted that the Board of Supervisors did not want to take the $10 million grant from Congressman Sweeney because is came with EPA reviews. The County still has no signed contracts and they cannot bond without signed contracts. There are many worthy projects out there including a new emergency room at that hospital and she believed that the County water project was not a good use of taxpayers’ money. Cheryl Keyrouze AMD: Cheryl Keyrouze said she would attend the lunch with the AMD representatives on January 23. Citizens Transportation Committee: Christina Younger presented the Capital District Bus Transportation 2007 plan at their recent meeting. She said there was a lot of interesting information including the possibility of a line instead of a loop. Sidewalk along Geyser Road Bridge: She said that she had seen the letter from Frank Thompson from the County Board of Supervisors on the sidewalk on the overpass on Geyser Road and she was glad that the City was being kept up to date. She has been discussing the project with Joe Ritchie, Saratoga County DPW Department. Storm Water Management: On January 24, Lou Niles from Saratoga County Cooperative Extension will make a presentation on storm water manager at the library. 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2007 Housing Trust Fund: There will be a workshop on January 30 from 8:30 a.m. to 10:00 a.m. at the County building cosponsored by her on the housing trust fund initiative. NYS Child Care Council: She said there have been many discussions on the possibility of expediting payments to child care providers in the county. The chair of the County’s committee will bring this forward for discussion. She will also discuss this with Assemblyman Bob Reilly next week. Affordable Housing: She has met with Sonny Bonacio, Steve Ethier, Carrie Woerner and others to discuss the possibility of rehabilitating homes for affordable housing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Kyle York, 59 Railroad Place, said there will be a meeting in Schuylerville tomorrow at 10:00 a.m. on the FOIL act with speaker Bob Freeman. He said he hoped that he would have a few minutes time with Bob Freeman to discuss the DECs failer to release information under FOIL in connection with the County’s water project. In 1992, the state discovered several acres of toxic waste near the proposed intake location. Now DEC will not release any of the information relating to that matter. The DECapparently has an ongoing remediation plan but will not communicate with the County on what that plan is. Now the state is proposing a boat launch in Moreau State Park nearest to the most intense pcb location. Mayor Valerie Keehn said it was her understanding that the presentation tomorrow is on Open Government and not the water project and pcb matter. She also noted that she has been in contact with Bob Freeman’s office on having him come to Saratoga Springs for a workshop on FOIL. Cheryl Keyrouze said if anyone is willing to go to the state to discuss the pcb/FOIL matter, she would facilitate a meeting. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at 9:55 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:55 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 15 of 15