City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 20, 2007 7:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW ABSENT: Commissioner Ron Kim, DPS SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney PUBLIC HEARING Zoning Amendments – Wendy Hopkins, 37 Nelson Avenue Mayor Valerie Keehn said that the proposed zoning amendment has been pulled by the applicant tonight because she was unable to contact all adjacent property owners. The public hearing is being held open to March 6 when this item will be brought back to the City Council agenda. Mayor Keehn opened the Public Hearing. Karen D’Andrea said she represents the applicant. She explained that the proposed amendment to Chapter 240 of the Code of the City of Saratoga Springs, New York entitled “Zoning” is to change the zoning of the 1.4 acre parcel at 37 Nelson Avenue, designated as parcel 179.00-5-4 on the Assessor’s Map of the Inside Tax District of the City of Saratoga Springs from its current classification as Institutional Horse Track Related and Tourist Related Business District to Institutional Horse Track Related and Urban Residential-3. She said the current zoning prohibits the applicant from improving the home. Camille Daniels, 101 Van Dam Street referred to the January 16 minutes of the Planning Board that indicated there is a deed restriction limiting density to two units and this proposed change would increase the density to 8 units. Geoff Bornemann said that there is a deed restriction that limits the density to two units. The covenant runs with the land and the zoning would only allow residential and institutional use. He said the property owners want to maintain equestrian and residential use. The Planning Board asked the property owners’ intention and the opinion letter submitted by the attorney indicates that the owners’ intention is not to utilize what the zoning permits. They intend only a very limited use. City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Commissioner McCabe asked if the deed restriction had legal teeth. Karen D’Andrea responded that there are good intentions here, but as legally, a future property owner could ask for the zoning to be applied broadly. She said there is a forfeiture clause within the covenant that if not followed, the former owner or heirs of the former owner could get the property back. Camille Daniels asked if the City Council members ever visited the parcels when these issues come before them. She recommended visiting the parcels to ensure accurate decisions. Mayor Keehn said such visitations are not mandated but council members often take it upon themselves to visit the site, it is their discretion. Seeing that no one else wished to speak, Mayor Keehn announced that the public hearing would be open through the March 6 City Council meeting. PUBLIC HEARING Saratoga Lake Area Moratorium Mayor Keehn opened the public hearing on the proposed Local Law #3 of 2007 to add provisions to Chapter 240 of the code of the City to temporarily suspend permits and approvals for development projects located within the Saratoga Lake area. Mayor Keehn said that the County sewer system has experienced capacity problems. The Sewer district intends to upgrade and expand the system in this area, the project will not be started for two to three years. She said the Planning Board is concerned that on-site septic systems could result in environmental contamination problems. The Saratoga County Planning Board has issued a favorable advisory opinion on this moratorium. Seeing that no one wished to speak on the Local Law, Mayor Keehn closed the public hearing. PUBLIC HEARING Subdivision Regulations Mayor Keehn opened the public hearing on an ordinance to amend appendix H2G of the City Subdivision Regulations. She said that the amendment would five the Planning Board flexibility to waive required curbs and sidewalks within criteria specified in the amendment. Seeing that no one wished to speak, Mayor Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Keehn opened the public comment period. Thilo Ullmann, 244 Maple Avenue said that he had hear rumors about the Lillian’s Parking Lot and he believes it is in the public’s best interest for the Council to clarify the situation and make it a transparent process by conducting the bid process on eBay. He said the City could retain control over the outcome, set minimum bid prices and cast a wide net. David Bronner, 5 Royal Henley Court complimented the Department of Public Works for the great job they did during the snowstorm. He said there was a problem but he is satisfied with the outcome and complimented Deputy Commissioner Design for accepting responsibility. David Bronner said that the east side of Broadway near Congress Park had so much snow on the sidewalk that people were forced to walk in the street. He said he took pictures and contacted the Police Department because it is a public safety hazard. Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Doug Haller, 4 St. Jude Court said he is an Administrative Director of the Dance Flurry Festival held this past weekend in the City. He said last year the festival was canceled due to a windstorm and subsequent power outage and he thanked the council for their support including free use of city buildings. He said the flurry has made a full recovery in 6 months and this year’s festival drew over 5000 people and there were lots of positive comments and everyone seemed to have a good time. He said that with all the snow, parking was difficult but he commended DPW and the City center for doing a great job. He passed out program books. Roger Wyatt, 101 North Street said that several weeks ago the Mayor asked the public to honor the country’s armed forces with a moment of silence. He urged the Council and the public to honor and treat with respect all veterans including David Bronner who served as a Colonel in nuclear forces with distinction during the Viet Nam era. Kyle York, 59 Railroad Place said that at the Mayor’s recent “State of the city” address Mayor Keehn said that both the City and County plans to develop a future water supply are unresolved and in litigation. She said there would be a municipal summit held with the Supervisors of the towns bordering Saratoga Springs to seek cooperation on the issue of a water source. Kyle York said that the voters supported the candidates that opposed the Hudson River plan. He cited Commissioner Franck’s campaign comment that if “you can’t eat the fish, don’t drink the water” and his support for Saratoga Lake because of cost, quality and control. Kyle York said that the candidates indicated being in favor of using Saratoga Lake as an alternative water source. He asked that each council member comment on their stance on the water issue and he passed out pledge cards to be read and signed later that essentially pledges to stand by their campaign promise to “pursue affordable, clean and pure water from Saratoga Lake”. Mayor Keehn said it was not appropriate for each council member to talk about this now but they could speak about the issue individually and later when it becomes an agenda item. Commissioner McTygue said that everyone knows where he stands on the water issue and nothing has changed. He commended the employees in his department for their hard work getting the streets opened for emergency vehicles within 4 hours. He said there was a large amount of work to be done, and regarding the issue by congress Park, a property owner had covered that area of the sidewalk with snow when clearing out their driveway, and the owner has stated that this would not happen again. He said there is nothing in the logbook about that call being received by DPW dispatch but he evaluated the situation at 4:30 and at 6 p.m., DPW crews removed the snow. John Franck said that the Accounts Department sent out 22 bid packets on the Lillian’s Lot and only one bid was submitted, that of Sonny Bonacio. He said there are not a lot of takers on this. He said he would be happy to sign the pledge because he knows too many people who camped and swam on the Hudson River for decades in that area and are now suffering from or have died from Parkinson’s disease. There are too many for it to be a coincidence, and for this and all the reasons stated before he believes that the Hudson River is not the right option for a water source. PRESENTATION Seniors Committee Report – Ms. Bonnie Linehan Mayor Keehn introduced Bonnie Linehan from the City’s Senior Committee to present the committee’s annual report. Bonnie Linehan said that the committee, formed by the Mayor last July, consists of 18 members from Senior Housing and private homes; they welcome suggestions from the community meetings are held on the first and third Mondays of each month at noon at the Senior Center. The charges of the committee include being open to the public; serving as a liaison between Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 the seniors and the City Council; attending meetings of the Saratoga Housing Authority and the Senior Center Board of Directors; to raise the awareness of the issues of the City’s seniors; make recommendations to the City Council and to write letters to local papers. She said the annual report was given to each member of the City Council. She thanked the City and County personnel who facilitated the accomplishments of the group’s subcommittees by attending meetings, listening to concerns and lending their expertise to the solution of problems. PRESENTATION Barton & Loguidice regarding Water Treatment Plant Disinfection Project and the Interlaken Project Rich Straut thanked personnel of the Water Treatment Plant for putting together the computer presentation for tonight. Interlaken Water Project: He said the first project is regarding the rehabilitation and integration of the Interlaken Water System, which the City purchased from the Saratoga County Water Authority. He said that the Interlaken system was an isolated supply for the Interlaken development, which served 250 people through 124 service connections. He said the intent of the project was to integrate the system into the City’s water system and make improvements that the Saratoga County Water Authority could not make. The storage tank was leaking 80,000 gallons of water per day, and the new system eliminated the tank. They rehabilitated three wells and decommissioned one of them; added new pumps and they upgraded the pump house and its disinfection system. They renovated the inside of the pump house, which includes a new emergency generator that enables the pumping of water if there is no power. The Interlaken well site now pumps 240 gallons per minute. Connecting to the City’s water service increases the service capacity of the Interlaken water supply to serve 10 times the current number of homes. The project will be finished within a few weeks. Water Treatment Plant Disinfection System: Rich Straut said that a new state of the art water disinfection system was implemented in the City’s Water Treatment Plant. He explained the function of the plant and the flow of water from Loughberry Lake through the plant’s filters to the clear well. The old way to disinfect was to add gas chlorine in the beginning of the flow through the plant and again just before the water is pumped out into the distribution system. Gas Chlorine was stored in a one-ton cylinder, which posed a safety hazard to the operators and the residents because of a potential for leakage. There were regulatory issues that the City had to consider regarding the reaction of chlorine gas to organics in drinking water. A study was done inconsideration of cost and safety and it was determined that the best combination is to use the ultra violet radiation of the water as the primary disinfectant and switch to a liquid chlorine. The project resulted in two ultra violet reactors and a new building that houses the liquid chlorine. Rich St raut said that both projects will finish within the budget. Commissioner McTygue said that the Interlaken and Geyser portion of the City’s water system are automated with emergency generators, and only the portion of the City’s system serving the inner City is on a gravity feed, which lasts about three days without power. West Avenue Special Assessment District Annual Report: Matt Jones, spoke on behalf of the West Avenue Special Assessment District (WASAD) regarding the annual report prepared by the Commissioner of Finance pursuant to the legislation that created the WASAD. This report is prepared annually to track the debits, credits, and available balance of the Special Assessment District. He said that they reviewed the report and distributed copies to all City Council members. He said the WASAD agrees with all of the figures in the report and the only update Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 to the report is the current reserve balance available in liquid funds is $49,733.18, which was invested in a certificate of deposit at a little over 5% interest. Those funds have been set aside as the board considers suggestions from a number of residents within the district for planters, Christmas lights and other amenities. When the Board takes action on this, these funds would be applied next year to the outstanding balance due to the City. Matt Jones said that the District includes Care Lane, Station Lane, portions of Washington Street and Grand Avenue and West Avenue to just short of the new Y. Commissioner McCabe said that the report is not on the agenda for a vote so he would rather place the item on the agenda of the next City Council meeting. CONSENT AGENDA Mayor Keehn said that the approval of the February 6, 2007 City Council minutes and the award of bid for flowers have both been pulled from the consent agenda. 1. Approval of the February 6, 2007 City Council meeting minutes. Approval of the February 13, 2007 City Council meeting minutes. 2. Award of Bid: Flowers 3. Extension of Bid, City Center: Walk off Mats – Coyne Textile, under the same terms and conditions Tree Removal – Richard Sears Tree Experts, Under the Same Terms and Conditions Printed Poly Bags – All American Poly, Under Same Terms and Conditions 4. Approve Payrolls: 02/09/07 $388,322.77 02/16/07 $420,939.59 5. Approve Warrants: Mid MC2FEB07 $148,293.50 General 6DEC06 $211,978.41 General 2FEB07 $992,773.05 6. Approve Budget Transfers - Regular, as presented 7. Approve Budget Amendments – As presented Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the consent agenda as amended. Ayes all, 4-0 MAYOR’S DEPARTMENT Establish City Council as SEQRA Lead Agency – Recreation Facility (07-30) Mayor Keehn said that on December 19, 2006, the City Council initiated a coordinated review process to determine which agency of the land use boards would be responsible for undertaking the assessment of the potential environmental impacts of the proposed new indoor recreation facility on Weibel Avenue. She said that the Council indicated that it wanted to serve as the lead agency for this assessment. Pursuant to the regulations of the State Environmental Quality Review Act (SEQRA) all other involved agencies had thirty days to respond and within that period, no agency challenged the City Council’s request, so the Council is now in a position to vote to establish itself as the lead agency for this environmental review. Mayor Keehn said that the Indoor Recreation Center Oversight Committee are developing recommendations for the City Council on the environmental issues proposed to be considered, and the list will be presented to the council within the next month. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to designate the City Council as the lead agency for the environmental assessment for the Indoor Recreation Center. Ayes all, 4-0 Resolution: “Connecting the Dots”: A Blueprint for Revitalizing our Communities and our State (07-31) Mayor Keehn received a letter on January 8, 2007from Frank Kocho, the Corning City Mayor who asked our City Council to pass a resolution and send a letter to Governor Elliot Spitzer requesting that he and the members of the New York State Senate and Assembly work together to enact legislative changes identified in the NYCOM report entitled “Connecting the Dots.” She said that the City of Corning requests that the City pass a resolution requesting that the State of New York implement necessary reforms to improve the economic prosperity and financial health of the Cities throughout New York State as follows: WHEREAS, on January 1, 2007, the State of New York swore in its 54th Governor, Eliot Spitzer; and WHEREAS, this change in Governorship provides an opportunity to reform the way in which our state government operates and its relationship with its cities; and WHEREAS, many cities in New York have experienced population declines and Stagnant tax bases in recent years; and WHEREAS, the State of New York has for too long burdened its cities with unfunded mandates that directly affect local property taxpayers; and WHEREAS, the State of New York has never fully restored the State Aid to Local Governments that it severely reduced in the early 1990’s; and WHEREAS, the New York Conference of Mayors and Municipal Officials have outlined needed reforms in a report entitled, “Connecting the Dots: A Blueprint for Revitalizing Our Communities and Our State” to address these issues that are critical to cities across New York; NOW THEREFORE BE IT RESOLVED, the City Council of the City of Saratoga Springs hereby respectfully requests that Governor Eliot Spitzer, and members of the New York State Senate and Assembly, work in a bi-partisan manner to enact the legislative changes identified in NYCOM’s report, “Connecting the Dots” to help improve the economic prosperity and financial stability of our great cities across New York. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the resolution as presented. Ayes all, 4-0 Mayor Keehn said that the NYCOM report outlines the stagnant tax base, suburban sprawl without growth, State Aid remaining unfunded, pension benefits, health insurance, controlling workforce expenditures, Sate mandates that equate to higher property taxes and it provides a blueprint for how they would propose to revitalize Cities throughout the State. This is a great opportunity for Cities to band together to encourage New York Sate government to initiate some changes. Proposed Land Use Board Member Training Policy (07-32) Mayor Keehn said that effective January 1,2007 New York State General City law is amended to require that members of Planning Boards and Zoning Boards of Appeals take a minimum of four hours of training each year. She said that when the Council reviewed the policy for approval on Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 January 16, there were questions raised regarding Section 5 compliance and the language has been tightened up. She said that on the final page of the training policy a sentence was added stating that non-compliance of this policy shall be deemed as a proper cause for removal from office. Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the Mandatory Training Policy for the land use board members of the City of Saratoga Springs as presented. Commissioner McCabe asked whether the statement means non-compliance with the training requirements automatically results in removal from the board. He said the board members are volunteers and the more training they have increases their ability to serve. The pool of people willing to serve seems to be dwindling so they should have the opportunity to defend themselves for a second chance, and not be removed because they missed one training session. Mayor Keehn said that the policy is written that it is up to the Mayor’s discretion. She said that the State’s General City law states that the Mayor or other duly authorized appointing authority shall have the power to remove after public hearing any member of the Planning Board for a cause. Any member of the Planning Board may be removed for non-compliance with minimum requirements relating to meeting attendance and training. She said the key works are “shall” and “may”; this is not a mandatory removal. Ayes all, 4-0 Update: Planning Board Activities for 2006 Mayor Keehn said that the summary of the Planning Board activity for 2003 -2006 was distributed last month. She reviewed some highlights of the report including that the number of new residential lots approved in 2006 was 22 compared to 110 in 2003. The number of commercial and industrial square feet was 84,600 in 2006, considerably reduced from the 300,000 square feet in 2005. The number of residential units was 135, up from 2005 but down from 2003 where almost 300 were approved. She said that the Planning Board reviewed 271 agenda items in 2006, the highest in four years. She said that the Planning Board initiated the downtown Transportation Plan prepared anew set of regulations for senior housing and is undertaking efforts to develop anew ordinance to control adult uses. She thanked the Planning board and staff, Geoff Bornemann for their hard work, the large amount of time and energy, their good intentions and dedication to the City. Award Contract to Hartgen Associates for Archeological Study for Recreation Facility (07-33) Mayor Keehn said that the Indoor Recreation Center Oversight Committee recommended that the City Council contract with the archeological company to undertake a Phase 1A archeological investigation of the proposed site of the new facility on Weibel Avenue to determine whether the proposed site has any archeological resources. She said that the committee contacted three archeological consulting firms with the help of the Engineering Department and received only one proposal. She said that Hartgen Associates proposes to undertake the investigation for $500. The committee deemed that this is an appropriate action at this time and that the amount of money is reasonable. Mayor Valerie Keehn moved and John Franck seconded to authorize the Mayor to sign a contract with Hartgen Archeological Associates of Rensselaer NY in an amount not to exceed $500 to undertake a phase 1A archeological study of this Weibel Avenue site. Commissioner McCabe said that the money is in the capital budget. Ayes all, 4-0 Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Saratoga Lake Sewer Connection Moratorium – Local Law Mayor Keehn said that the City Planning Board sent a letter to Commissioner Franck indicating that they voted 5-0 to issue a favorable advisory opinion after their review of a proposed moratorium on on-site septic systems in the Saratoga Lake area with three comments: 1) The proposed legislation is consistent with the board’s recommendation to the Council 11/16/06. 2) The proposed legislation would prohibit new development in the designated area if it were not connected to the Saratoga county Sanitary Sewer district. The planning board is aware of several projects impacted by the moratorium including the Oak Ridge Subdivision, Phases ii and iii, 29 Dyer Switch Road; Interlaken PUD Phase BB, 510 Union Avenue; Goosehill Subdivision, 460 Crescent Avenue and the Varano properties, 487-516 Crescent Avenue. 3) The Planning Board believes the proposed legislation is in conformance with the policies of the Comprehensive Plan and is in accord with the intent and purpose of the city’s zoning ordinance. Mayor Valerie Keehn moved and Commissioner John Franck seconded for the adoption of Local Law #3 of 2007 as presented to establish a moratorium that over the next 3 years would prohibit any of the City development boards or departments from granting any approval for any development near Saratoga Lake that did not connect to the County Sewer System because on-site septic systems in the vicinity of Saratoga Lake create potentially adverse environmental impacts. The City Council finds that projects should be prohibited unless connections to the County Sewer System are available and approved. Commissioner Franck said he is concerned that the Varano properties are listed as being impacted and they have been affected enough regarding their zoning issue. Mayor Keehn said that the County Sewer Authority would use its own discretion whether to allow individual connections to the sewer system, and the Council recommended that the Varanos speak to the County Officials. John Franck said that speaking to the County was not a requirement of the motion to approve rezoning. Mayor Keehn said the Varano properties are only listed in the letter as a project that might be impacted, and not in the local law which provides the County Sewer System discretion on a case by case basis to hook up individual home owners to the sewer system. John Franck said that the City indicated that the Varanos had an option to put in a septic system. Commissioner McCabe said that the vote was on rezoning the property. Mayor Keehn said the Council is not the authorizing authority regarding connections to the County Sewer System. Geoff Bornemann said that the Varanos are located in the middle of the affected area so they would have to be treated as any other development under the moratorium and it would be up to the County’s discretion whether to allow them to connect to the system, but they are more likely to get approval for the connection because they are an individual owner and not a subdivision or PUD. John Franck said he has no problem bringing this back, but he wants to be sure that the Varanos are not going to be affected because they waited so long to get approval for re-zoning. Ayes: 2 Nays: 2 (Franck, McTygue) Motion defeated. Announcement: Joint Land Use Board Meeting Mayor Keehn announced that the next Joint Land Use Board Meeting will be held on February 27, 2007 in the City Music Hall and will include a visitation by Stealth Technology, an update from the Comprehensive Plan Committee and an update from the Downtown Transportation Committee. Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Approval for Recreation Director to Apply for Grant Money from the Following Organizations and Companies: Elks Club, Lions Club, Rotary Club and Hamburger Helper Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded for permission for the Recreation Director to apply to the Elks Club, Lions Club, Rotary Club and Hamburger Helper for funding to sponsor handicapped campers to attend the Camp Saradac program. Ayes all, 4-0 Accept Loan of Three Acrylic Paintings (07-34) Mayor Keehn said that another local artist has asked to display paintings in City Hall looking for willing buyers. She read the following resolution describing the paintings and terms: WHEREAS, Helaine Soller, Bayside, New York has generously offered to loan Artwork to the City of Saratoga Springs to be displayed to the public in City Hall; and WHEREAS, the City of Saratoga Springs is willing to accept said loan in the Public interest and for the public good; NOW THEREFORE, be it resolved as follows: 1. The City of Saratoga Springs accepts the loan from January 1, 2007 to August 3, 2007, of three (3) paintings, described as follows: a) One 48” x 48” acrylic on canvas, “Yaddo Gardens 2006”. The Council notes that said painting is valued by Ms. Soller at $3,500.00 b) One 48” x 48” acrylic on canvas, “Yaddo Reflections”, 2006. The Council notes that said painting is valued by Ms. Soller at $3,500.00. c) One 48” x 48” acrylic on canvas, “Yaddo Fountain Reflections”, 2006. The Council notes that said painting is valued by Ms. Soller at $3,500.00. 2) The above mentioned paintings will be publicly displayed in the office of the Mayor in Saratoga Springs City Hall. 3) This Council expresses its thanks and appreciation to Ms. Soller for this generous loan to the public. Mayor Keehn said that Helaine Soller has signed a letter of understanding agreeing to the parameters of display, and reserving the common law copyright including all reproduction rights. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the resolution and agree to display the three paintings in City Hall from January 1, 2007 to August 3, 2007 in accordance with the parameters set forth in the resolution and the letter of understanding. Ayes all, 4-0 Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 ACCOUNTS DEPARTMENT STAR Exemption Commissioner Franck said that the deadline for applying for the STAR exemption for 2007 is Thursday, March 1, and applies to first time property owners as well as applicants renewing exemption. Those renewing the enhanced STAR exemption can submit a copy of their 2005 Federal or State Income Tax return along with the completed exemption renewal form. Seniors renewing the Senior STAR exemption should submit their 2006 Federal or State income tax return along with the tax exemption renewal form. People who do not file a tax return may submit their 1099 and fill out the exemption form. He said that this year, fewer people than last year have been coming in to apply for the STAR exemption and since it is close to the deadline, he is issuing this reminder. He asked the members of the press in the audience if they could put a reminder in the paper for people to get their STAR exemptions filed. Set Public Hearing: National Grid Zoning Amendment Commissioner Franck said pursuant to the Council’s request of January 30, 2007, the Planning Board reviewed for the second time the proposed petition submitted by National Grid to amend the definition of “utility facilities” and “public utility facilities”. The Planning Board reviewed the proposed text amendment again at their February 7 meeting. Following discussion the Planning Board voted 3-3 on a motion to issue a “favorable” advisory opinion to rezone the National Grid site on Brook Road from RR-1 to IND-L with some additional text amendments. This motion was to support option #3 listed below, but it did not pass because there were not 4 favorable votes. The Board was unable to issue either a favorable or unfavorable advisory opinion. The Planning Board initially believed that the petitioner’s amendments provided for the potential for larger public utilities to be located in the RR-1 District and that the adoption of this amendment might further “erode” the rural character of the RR-1 district. The Board also expressed a concern that the new definition would lump all utility facilities and equipment into one large use category. In response to these concerns the Board reviewed the following alternate solutions: Option #1: Brook Road Zoning Map Amendment: This proposal would change the zoning of the National Grid site on Brook Road from RR-1 to IND-L to enable the new facility to locate there. There would be no need to change any definitions. If this option was adopted, National Grid would have to apply for a site plan review from the Planning Board if it wanted to locate the new facility at their Brook Road site. Outdoor storage would require a special use permit and site plan review from the Planning Board. Option #2: Restructure Public Utilities Section: This proposal would restructure the two current definitions to create two new definitions that were more distinguishable. One would be for utility equipment and the other would be for utility establishments. Utility equipment would be permitted in all zoning districts as permitted accessory uses and utility establishments would only be permitted as principal uses in selected districts and by special use permit in the Rural Residential-1 District. If this option was adopted, National Grid would have to apply for a special use permit and site plan review from the Planning Board if they wanted to locate the new facility at their Brook Road site. Under this option the Board developed a new definition for “utility equipment”, “utility establishment”, “accessory building”, “accessory use” and “outdoor storage”. Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Option #3: combine parts of Option #1 and #2: This proposal would change the zoning of the National Grid site on Brook Road from RR-1 to IND-L to enable the new facility to locate there. The two current definitions would be restructured to create two new definitions that were more distinguishable. One would be for utility equipment and the other would be for utility establishments. Utility equipment would be permitted in all zoning districts as permitted accessory uses and utility establishments would only be permitted as principal uses in selected districts, but not in the RR-1 District. If this option was adopted, National Grid would have to apply for site plan review from the Planning Board if they wanted to locate the new facility at their Brook Road site. Commissioner Franck said that detailed material on option #3 was distributed with the agenda on Friday February 16. Commissioner Franck set the public hearing for Tuesday, March 20 at 6:50 p.m. on Option #3. Set Public Hearing: Local Law – Disabled Exemption Commissioner Franck said he would like to set a public hearing to adopt the local law to amend Section 212-84 of the Code of the city of Saratoga Springs New York entitled “Taxation – disabled Persons Tax Exemption – Income limitations”. He said this is being done in order to make the income brackets for the disabled exemptions consistent with the senior exemptions. He said this needs to be done prior to the March 1 deadline, so the public hearing will be held Wednesday, February 28 at 10 a.m. Discussion & Vote: Subdivision Regulations (07-35) Commissioner Franck said that the City Council received a request from the Planning Board to amend the Subdivision Regulations to give the Planning Board some flexibility in granting waivers of curbs and sidewalks in small subdivisions in existing neighborhoods. The Planning Board has recently had numerous requests from existing neighbors who oppose sidewalks and curbs for small subdivisions in existing neighborhoods. He said that at the January 3 City Council meeting, the Council approved sending this proposal to the Saratoga County Planning Board for their review. The Saratoga County Planning Board reviewed and approved the propose legislation. AN ORDINANCE TO AMEND APPENDIX HG2 OF THE CITY OF SARATOGA SPRINGS SUBDIVISION REGULATIONS BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Subsection (G)(3)(d) of Appendix H2G of the City Subdivision Regulations is hereby amended as follows: G. Curb and Sidewalk Design: 1. Curbs and sidewalks shall be installed on both sides of all local urban and urban streets. 2. The Board may require, in order to facilitate pedestrian access from street to schools, parks, playgrounds, or other nearby streets, additional paved walks within perpetual unobstructed easements at least twenty five feet (25’) in width. 3. The Board may waive these improvements if unique topographical features or hazards exist or if the subdivision meets any of the criteria that follow: a. The individual subdivision lots have a frontage of two hundred feet (200’) or more; b. The density of the residential subdivision does not exceed one dwelling unit per net acre; c. The zoning district in which the subdivision lies does not permit a lot size of less than forty thousand (40,000) square feet. d. The subdivision is small in size and is placed in an existing neighborhood that largely does not have curbs or sidewalks and such improvements would be out of character with the existing built environment. Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 4. In reviewing a request for a waiver of this requirement, the probable volume of pedestrian traffic, the development’s location in relation to other populated areas or pedestrian traffic generators shall guide the Board, and the general type of improvement intended. 5. When required and unless reduced or altered by the Board, all sidewalks shall be at least five feet (5’) wide, located as approved by the Board and shall be constructed in accordance with the City’s Standard Details. 6. When required and unless altered by the Board, all curbs shall be installed in accordance with the City’s Standard Details. 7. ANSI standards for handicapped accessibility shall apply to all curbs and walks.” SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to issue a negative SEQR determination and adopt the proposed changes to the Subdivision Regulations for curb and sidewalk design as presented. Ayes all, 4-0 DEPARTMENT OF FINANCE Correction-Management confidential classification (Non-Union) Employees Contract (07-36) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the amended resolution for non-union full- time personnel passed on December 19, 2006 by City Council members. The amendments are attached to the minutes. Ayes all, 4-0 VLT Revenue Commissioner McCabe said that the issue of the VLT revenue will remain on the agenda. Members of the council have gone to the State in a group and individually in an effort to keep the VLT revenue coming. He said he read a statement in the paper and wants to clarify that the City has not yet received VLT money last year or this year. He said that the money budgeted for 2007 for the City to receive is 2.7 million dollars, and is secure according to the State and we expect to receive it in June. He said the revised estimates are around 3.6 million dollars that we will see. Anything over the budgeted amount will be used for shortfalls. Commissioner McCabe explained that the intention of the original legislation is for the money to be used to defray local costs of VLTs and to minimize or reduce real property tax. He said that the City is in a sharing formula with the County when we receive the money, based on 3.5% of the estimated net VLT machine income; this is not money the City takes as it comes out of the machines, it is a formula set up by the State and the money is distributed by the State. Of the 3.5% of net machine income, the City gets 75% and the County gets 25%. The numbers mean a lot to both entities, the City and the County. He said that the 2008 money and beyond is not secure and the City should plan accordingly. The State Budget is scheduled to pass on April 1 and we should have a clear picture at that time. Mayor Keehn said that she has secured lobbying days for the end of February and she has appointments with Senator Bruno, Assemblyman Tedesco and Assemblyman Canestrari. She said that of the items slated for discussion, the VLT revenues are at the top of her list. She welcomes the attendance of any of the Commissioners to these discussions. She encourages members of the public to write letters to their State representatives. Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Web Site Commissioner McCabe congratulated Accounts Commissioner John Franck and Deputy Commissioner Michele Boxley for holding the Systems Summit on February 13. He said he heard remarks from employees on the usefulness of the session and he commends the Accounts Department for orchestrating the summit and agreeing to work with the Information Technology Director. He said that one thing we all agree on is that the City’s Website needs some attention. He said that beauty is subjective and functionality is sometimes brought into question. He said that IT Director, Kevin Kling will decide with the Accounts Department on a date that will be announced at the next City Council meeting to conduct a web workshop to provide an opportunity for employees to ask the IT Director questions, express their concerns and indicate their needs for the Website in terms of functionality. He said the public would also be invited to attend and voice concerns. There will be a second workshop held during evening hours to allow more members of the public to attend, possibly in the early spring as the idea to develop a more user-friendly Website evolves through the mutual work of the Department of Accounts and the Department of Finance. He said that he understands the desire to improve our City’s Website, but when he goes to other City’s sites every one has different rules, regulations and styles but one of the overriding things that comes up is that many cities have a substantially larger IT staff and IT budget than the City of Saratoga Springs. He said as the City gets increased training in this area, the site will evolve and he looks forward to working with Commissioner Franck on this project. Mayor Keehn said that she heard good things about the summit also. She said that everyone has a wish list of things they want to see on the Website, and from conversations with the Building and Planning Departments, it was discovered that one of their desires is to have a user guide on the Web about how to go through the City’s Building Permit process for every scenario from adding a deck to building a new house. She said that hopefully as this evolves, each Department can get involved, listen to the public’s ideas about what they want to see on the Website and work together to make it more user-friendly and easier to maneuver. DEPARTMENT OF PUBLIC WORKS Set Public Hearing: Local Law to Supersede General City Law Section 25 Commissioner McTygue requested that a Public Hearing be set for the next City Council meeting to discuss the ability of the City to increase the compensation of non-elected City officials during any fiscal year after such compensation is established by budget. This would supersede a section of the General City Law. Tony Izzo said that a draft has been circulated; the local law would supersede Section 25 of the General City Law to allow the City of Saratoga Springs City Council to be able to increase the compensation of non-elected City Officials and positions any time during the year. Commissioner McTygue set the public hearing for Tuesday, March 6 at 6:20 p.m. Street Acceptance for Snowplowing Only Commissioner McTygue announced the acceptance of the streets, Westbury Drive and Woodbridge Court for snowplowing only. Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 Acceptance of Renewal of Contract with Upstate Testing (07-37) Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded for City Council approval to renew the contract with Upstate Testing to provide service and maintenance for the Weibel Avenue Ice rink Co-Generation Unit as per the fee schedule previously distributed. Commissioner McCabe stated and Commissioner McTygue confirmed that the contract covers 2/20/07 through 10/07 in the amount of $25,280 and the money is in the DPW budget. Ayes all, 4-0 Permission for the Mayor to sign Easement with National Grid (07-38) Commissioner McTygue said that an easement from National Grid has been received for the installation of anchors so that power can be provided to 44 Lake Avenue, the old Manley building. Commissioner Thomas McTygue moved and Commissioner John Franck seconded for permission for the Mayor to sign the easement with National Grid. Tony Izzo said that National Grid submitted proposed easement documents and the legal language has been reviewed by City Attorneys; residents of abutting properties have indicated the easement is acceptable. Commissioner McTygue confirmed that this has no direct financial impact to the City. Ayes all, 4-0 Street Acceptance (07-39) Commissioner Thomas McTygue moved and Commissioner John Franck seconded that Chapter 201, section 201-1, official street list, entitled “Street Naming and Numbering” be amended to include the following road as a public street: Stable Lane from Kaydeross Avenue West to end. Commissioner McTygue noted that the acceptance of the street is conditioned upon the developer posting for one year the required maintenance security bond, filing the deeds and paying all recording fees, all within four working days after City Council action. Ayes all, 4-0 Kyle York Presentation Commissioner McTygue announced that Kyle York is conducting a presentation on March 12 at 7:30 p.m. in the community room at the Public Library. Commissioner McTygue said he and Commissioner McCabe attended Kyle York’s presentation in Queensbury. He said the presentation includes a lot of information, has involved extensive study and members of the public should attend. Emergency Contract with Aztech Environmental (07-40) Commissioner McTygue said that as a result of a recent equipment failure with the heavy lift at the City Garage, the department is currently undertaking emergency repairs to that system. Consequently a site investigation must be undertaken for the possibility of hydraulic oil infiltrating areas beneath the concrete floor of the city garage. This work is being undertaken under the advice and direction of the Department of Environmental Conservation. Therefore, Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded for City Council approval for a contract with Aztech Technologies of Ballston Spa for site work to be performed at a cost of $3,753. Mayor Keehn asked if this contract is for cleanup of an oil spill. William McTygue, Director of Public Works said contract is for initial site investigation work; there is a potential for more work including lift Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 replacement. He said that Aztech will develop a work plan and the City Council will be kept informed especially regarding the budget impacts. Aztech will be excavating the area of the lift and examining the pit wall area to see what leaching has taken place. He said the lift system developed failure in the hydraulics which uses hydraulic oil. Repair has been initiated on the unit and the DEC said that it can continue to be used but the unit might have to be dismantled to excavate and complete the necessary sub-surface investigation. Commissioner McTygue said the problem is that the pit is made of laid up block wall in a 35-year old building. William McTygue said the lift is old and might have to eventually be replaced but the department‘s budget is not prepared for that impact. Ayes all PUBLIC SAFETY DEPARTMENT Mayor Keehn said there nothing on Commissioner Kim’s agenda at this time. SUPERVISORS Supervisor Yepsen: Supervisor Yepsen said that she toured all county-owned public health properties in Saratoga Springs because each of these buildings will be assessed and evaluated to determine how well they meet the needs of the County’s Public Health program. Pocket brochures of a summarized version of the Supervisors’ report on the economic impacts of thoroughbred racing in New York State will be printed and distributed to various entities within and surrounding Saratoga County related to the horse industry. The Supervisors in conjunction with the Saratoga County Program for Arts Funding presented a total of $35,870 in 19 arts and cultural programming grants. She announced that as part of Open Government week celebrating transparency in government, Bob Freeman will be at the Saratoga County Arts Council at 7:30 p.m. March 12 to discuss how citizens could get involved in their local government. . Supervisor Keyrouze: Supervisor Keyrouze said she will be setting up a community meeting with the beverage distributor planning to build a plant in the Saratoga Industrial Park, The Saratoga Eagle Association. She said she met with Assemblyman Tedesco to discuss her initiatives for the year and request support for child care funding; regionalization of the hazardous waste program; for the continuation of the beautification of Route 50 project; and working with retired teachers to pass the “Mommy’s bill”. She said that the Board of Supervisors would be passing resolutions calling on the State Legislators to address long and short term fiscal stability of County Nursing Homes; supporting seamless change of Racing Franchise; supporting the prevention of sex offenders from living or working within 1000 feet of a school or playground; increased funding for open space initiatives, opposing retroactive rate increases for the use of State Training Schools; request to acquire funding for items for emergency service organizations to acquire equipment compatible with Saratoga County’s new radio system; to increase incentives for volunteers of ambulance and fire services; support efforts allowing Social Services agencies to reimburse vendors electronically; to provide for support efforts to make high speed internet access available to Saratoga County residents; and reiterate support for Saratoga County issues already before the legislature. She urged the City Council to also pass resolutions in support of these issues. Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday February 20, 2007 PUBLIC COMMENT Camille Daniels, 101 Van Dam Street said that Blacksburg Virginia has an IT staff of 6.6 people, and a budget of $840,000. The City’s IT staff could benefit from higher thru-put of data for internet and int ra-net traffic, and there should be more wire. She said there is a need for a central data repository as advocated by the Cable Franchise Committee. Mayor Keehn said that the IT staff would welcome a dialogue of the good ideas. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 8:45 p.m. Ayes all. Respectfully submitted, Nancy Wagner Clerk Adopted: Page 16 of 16