City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 20, 2008 6:30 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS Capital Budget Amendment South Broadway waterline replacement Commissioner Anthony Scirocco said that due to a calculation error in the dollar amount of this proposed waterline replacement, this matter would be advertised again for the next Council meeting. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Chapter 101 Animal definition Tony Izzo said that this is a multi-tiered revision to an old ordinance. More importantly this revision creates a definition for other animals. Dogs are treated specifically within this ordinance but other animals have been somewhat vague. A new definition section has been included to add animals that were not previously defined. This ordinance does not deal with wild animals. In sum and substance, this ordinance requires that anyone owning an animal is responsible for the animal. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Chapter 225 V&T Law – Loading Zones Tony Izzo said this amendment deals with loading zones. The existing ordinance did not specifically state that there is no parking in loading zones and this corrects that oversight. Second it deals with towing, storage and 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 fines for vehicles. It will allow for any member of the police department to have a vehicle towed. It also expands the reasons for towing a vehicle and defines how vehicles are released once towed. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed public hearing. Chapter 225 V&T Law – Stop Signs Taylor Street Tony Izzo said this is simple proposal to add stop signs at Taylor Street at the intersection of Jefferson Street and Doten Avenue. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:00 p.m. EXECUTIVE SESSION Mayor Scott Johnson moved this item to follow the public comment period. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Linda Terricola, Recreation Director, read a letter from Henry & Kathleen Christopher, 10 Vanderbilt Avenue. In that letter they expressed their concern with the existing use of the southside recreation field. They live across the street from this recreation field and they believe that the field is not used to its fullest extent. They submitted a chart of the usage over the last several weeks. There is also a problem with balls hitting their home and cars. There is fowl language and loud hip hop music. The bathrooms have been destroyed and there is skateboarding off of the roof of the nearby building. There is constant drug and alcohol being used. They supported the construction of a recreation center. Robert Devasco, 4 Bunker Hill Drive, said he had been involved in recreation all of his life most recently on Long Island where he lived. Recreation facilities are always needed and they are widely accepted. Schools cannot accommodate the needs of the recreation department. Once constructed it can be used for many events such as teen nights and school and community programs. A recreation facility also provides a place for everyone to enjoy good fitness. Ray Degara, 84 Lincoln Avenue, said he was concerned that the landscape of this neighborhood would be dramatically changed by the loss of the park. He said if the argument is that the best location is in this neighborhood because residents can walk to it, then why does the City need an 80 car parking lot. He hoped the Council would inform the residents in this neighborhood of their intentions. Kyle York, 59 Railroad Place, said Council members ran on a platform of restoring civility to the Council and they have succeeded, however, that is not the case with the Planning Board. At a recent meeting of the Planning Board there was chaos and it was very unprofessional. He said that type of conduct should not be tolerated by the Council. Fred Sober, 17 Rip Van Lane, said he had an additional 242 signatures who oppose the Beaver Pond Development project which brings their total signatures to more than 1,400. He was concerned that the entrance to this development was located directly across from the Geyser Road School. He said constructing an additional 90 homes directly across the street was a safety issue. He noted that the EIS had not been fully completed so that left the entire process open to question. He said that the developer, Scott Varley, said that if someone wanted to buy the land he was open to selling it. He said that Saratoga Plan had applied for funding to do so. If it remains open space, it would be consistent with the City’s open space plan. This kind of development was destroying the City. 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Peter Brown, 2 Webster Street, said he did not support the elimination of the southside recreation field to build a recreation facility. The City’s open space need to be preserved. The southside field does get used, but not generally by organized sports. It is the families that live in this area that use this field. The previous comment about drug and alcohol use is simply not true. There are kids playing there and they do get noisy, however, isn’t that what a park is for – a place for kids to play. Doug Bricker, 18 Vanderbilt Avenue said he was in favor of a new recreation facility, however, not at the price of losing open space. He uses this field to play ball with his daughter. This park should be improved noting that the equipment is not up to quality. The Council needs to exhaust all other opportunities before paving over this park. Gerard Hawthorne, Saratoga Springs Recreation Commission member, said he was in favor of constructing a recreation facility at the southside location. He had signatures of more than 200 people from that area supporting this proposal. This is a 35,000 square foot facility. The spray parks will remain as well as some of the green area for ball fields. The children of Jefferson Terrace have transportation issues and constructing a facility there is good for them. This is the perfect location. Marie Glotzbach, 791 North Broadway, said last year was the first Saratoga Arts Fest which was a very successful event. There was music, dance, theater and many other events that were enthusiastically supported by the residents and businesses of this community. This year, the second annual Saratoga Arts fest will be held on June 13, 14 & 15. There will be more than 44 venues, 80 downtown businesses participating, 100 various events and performers. She invited Council members and all of the community to attend the second annual Saratoga Arts Fest. Mike McLaughlin, girls biddy basketball coordinator, said it is a nightmare for coordinators and it would be wonderful to have all of the recreation programs in one area. He said the Southside location is the ideal location. It provides access for many of the children in this area of the City who have transportation problems. The existing southside field is under utilized. He supported the construction of the recreation facility at this location. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. EXECUTIVE SESSION Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to move to executive session at 7:25 p.m. regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. Ayes all. Council members returned at 7:45 p.m. and reported that no action was taken. PRESENTATION None. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of Minutes: May 6 & 13, 2008 (with minor corrections to the 5/13 minutes) 2. Approve Budget Amendments (Attachment A) met the guidelines and are certified. 3. Approve Budget Transfers (Attachment B) have met the guidelines and are certified 4. Approve Payroll 5/9/08 $ 413,254.2 5. Approve Payroll 5/16/08 $ 409,618.1 6. Approve Warrants 2008 Mid MC1MAY08 $161,027.71 2008 Regular 02MAY08 $914,995.14 Ayes all. 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 MAYOR’S DEPARTMENT Saratoga County Children’s Committee Donation Linda Terricola said this is an annual donation to the summer day camp program. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the donation of $3,300 from the Saratoga County Children ’s Committee to be used as scholarships for youths with special needs for the summer day camp program. Ayes all. State Farm Office Equipment Donation Linda Terricola said State Farm had donated 10 office chairs with a total value of $50. Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to accept the donation from State Farm of 10 office chairs with a total dollar value of $50. Ayes all. 2008 Youth Parking Proposal (08-63) Mayor Scott Johnson said the original proposal had included the Springs Street parking lot. That has now been removed. He suggested that paid parking at the parking deck for the July 4th weekend be removed. Council members agreed. Linda Terricola said the paid parking program downtown would begin on the weekends starting July 11 and then daily once the racing season begins. At Wright and Jackson Streets the parking program begins when the racing season begins. This is revenue for the City as well as supplying jobs for at least eight youths. Commissioner Ron Kim asked if the parking at Wright and Jackson Streets would conform to the setbacks. Linda Terricola said yes. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve the 2008 youth parking program as presented noting that the program would begin on July 11 at the parking deck. Ayes all. Johnson vs. Johnson Linda Terricola said the Johnson vs. Johnson softball game would be held on June 13. The teams have been named – Spa City Thorobreds and Wilton Woodchucks. This is a benefit for the American Cancer Society. City Historian 2007 Annual Report and 2008 overview MaryAnn Fitzgerald, City Historian, submitted a report on the 2007 activities of the City Historian’s office. She said her office is located at 297 Broadway. What drives a lot of her work is research. She gets hundreds of phone calls from people researching for books, screenplays, papers for school, etc. Another activity is the volunteers transcribing oral history tapes. She received a grant last year, with the assistance of Nancy Wagner, to do a survey of documents in her office. That will be completed at the end of June and she will report to the Council on those findings. She said that every year she has many volunteers, including high school students, assisting her. New items of interest are the Jewish Community history project. There will be a marker placed at Phila and Putnam Streets with a walking tour and written history being developed. Mayor Scott Johnson said he recently attended a brown bag history on the Dublin area. He said it was quite informative and very interesting. MaryAnn Fitzgerald said that on May 28 at the Arts Council there will be another program on the Irish heritage in the City funded by the NYS Folk Arts Grant. ACCOUNTS DEPARTMENT Grievance Day 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Commissioner John Franck said that next Tuesday, May 27, is grievance day. Appointments can be made but are not necessary. The hours are: 9:00-12:00, 1:00-4:00 and 7:00-9:00. He said forms are available on the City’s web site. The City has an on line data base of all properties in the City. Waterfront Property Upon the recommendation of the Mayor’s Office, Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to award the RFP for the waterfront property design to The LA Group pursuant to their proposal and further move d to authorize the Mayor to sign the contract. Mayor Scott Johnson said it was his determination in conjunction with the waterfront committee that the proposal from The LA Group was the most comprehensive and the best value. Commissioner Ron Kim asked about the proposals. Mayor Scott Johnson said The LA Group submitted a proposal at about $32,000 and The Saratoga Associates’ proposal was about $9,700. He said the proposals were vastly different in services and scope. Ayes: four; Nays: none; Abstentions: one ( Commissioner Ron Kim). Motion carried. Award of Bid – Articulating Telescopic Aerial Device Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to award the bid for the articulating telescopic aerial device to Dueco per their bid of $66,799 (lowest acceptable bidder). Ayes all. Authorization for Mayor to sign renewal contract with Jeff Wait (08-64) Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to authorize the Mayor to sign the renewal contract with Jeff Wait to continue handling the articl e 7 cases contingent upon the review of the Risk & Safety Manager and the City Attorney. The rate is $135/hour and funds are in the Accounts Department. Ayes all. FINANCE DEPARTMENT 2008 1st Quarter Financial Report Commissioner Ken Ivins said that per the charter, the first quarter financial report had been submitted. He said about 45 percent of the City’s property taxes have been collected while last year at this time it was at about 43 percent. Building permits are lagging, but will likely pick up. As of March 31, many of the larger revenue streams have not been received. Sales tax figures include only two months; however, it is about 9.5 percent higher than last year at this time. The county surplus distribution is paid on a quarterly basis with the first payment due in April. NYRA admissions tax and VLT is paid annually. State aid revenue sharing is in two installments (September & December) and mortgage tax is paid in May and November. Chips state aid is generally received in September and summer recreation department revenues will pick up when registration begins in April. About 22 percent of the City’s revenues have been received. Water & sewer bills were recently mailed for payment due on May 15. He said he was cautiously optimistic concerning the budget and encouraged all departments to be conservative in their spending. Accept Donation for Saratoga’s All-American Celebration Commissioner Ken Ivins moved and Commissioner John Franck seconded to accept two donations : $500 from Eliot and Cathy Masie and $500 from Saratoga Hospital to be used for the All-American Celebration. Ayes all. Permission for Mayor to sign July 4th fireworks contract 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to authorize the Mayor to sign the contract with Alonzo fireworks for the July 4th fireworks display (rain date of July 5th). Ayes all . Permission for Mayor to sign contract with Fibertech Commissioner Ken Ivins removed this item from discussion. July 4th Activities Commissioner Ken Ivins said there were 44 days before the July 4th activities. It will be a fun filled weekend. He reminded Council members that there would be a parade on Saturday, July 5. There is a website at www.saratogajuly4th.com for information on activities and registration. There will be a car show on Saturday. They are looking for participants for the parade and volunteers to help organize the entire event. There will be a dessert and barbeque fest and a patriotic pooch competition. PUBLIC WORKS DEPARTMENT Barton & Loguidice – MS4 Stormwater Presentation Nadine Medina, Barton & Loguidice, reviewed a copy of the City’s Stormwater Management Program Annual report. The City is in year five of this program. DEC recognizes the City’s efforts under this program. There are six control measures: 1) public educational and outreach, 2) public involvement/ participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Stormwater Runoff control, 5) Post Construction Stormwater Management and 6) Pollution Prevention/good housekeeping for municipal operations. Public Education and Outreach: The City is required to educate and to get the public involved. The City has updated its storm water web page, included storm water information in the water bills and aired the “After the Storm” program on Time Warner. Public Involvement/Participation: The City has worked with the local middle school biology class installing more than 150 curb markers, raffled five storm drain decal kits. Illicit Discharge Detection and Elimination: The City recently passed two local laws which allowed the City to shut down a couple of construction jobs until they established storm water control measures. The City evaluated illicit discharge detection and elimination program and developed formal measures for implementation. The City also completed mapping the entire inner City storm sanitary system. Construction site storm water runoff control: The City reviewed subdivision and site plans on several projects and evaluated the construction site storm water runoff control program for those projects. Post Construction Stormwater Management: The City mailed notification to HOAs and private owners responsible for maintenance of storm water practices notifying them that they must comply with the requirements of the City’s program. Pollution Prevention/good housekeeping for municipal operations: DPW completed a comprehensive evaluation of their operation and maintenance activities. She explained that DEC requires that the City evaluate each area and determine its impact and whether it needs to be modified. The City is then required to report on those measures. All of the information described by her this evening is in one document retained in the City Engineer’s Office. She said that what the City has in the end from this evaluation is a document that outlines the various measures that can be used for storm water prevention programs. DEC could ask the City to implement some or all of these measures. Mayor Scott Johnson asked about the development projects that were shut down. Paul Male said there were two jobs, a commercial one on West Avenue and another commercial/residential project on South Broadway. Both had muddy water running from the site. Change order for Casino Roof & Clerestory Restoration 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Commissioner Anthony Scirocco moved and Commissioner Kin Ivins seconded to approve change order #2 for Titan Roofing for additional work to be done on the Casino roof in the amount of $13,904. The money is in the budget. Ayes all. Purchase Trash Barrels Commissioner Anthony Scirocco removed this item from discussion. Proposed Canfield Casino Rates 2010 Commissioner Anthony Scirocco removed this item from discussion. DOT Paving Commissioner Anthony Scirocco said DOT will pave the Route 9/50 intersection of Broadway, North Broadway and Van Dam Street in the near future. The exact dates have not yet been determined, but he will keep the Council informed. It will be before the racing season. Approval for Mayor to sign agreement with Syvertsen. Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to authorize the Mayor to sign the contract with Syvertsen Architecture in the amount of $21,375 for the design of the restrooms at the Arts Council. Ayes all. South Broadway Waterline Commissioner Anthony Scirocco removed this item from discussion. Kubricky Construction – South Broadway waterline Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to add to the agenda an amendment to the Kubricky Construction project for the South Broadway waterline because the lines are leaking. Ayes all. Paul Male said he had distributed this information to Council members. This is an old 12 inch water line that was not a high quality line when installed. The state is paying to replace the line from Canfield Street to the Holiday Inn. The waterline under this amendment runs from Canfield Street south to the Hilton Garden Inn. During this construction, they have found 4, 6, 8 and 12 inch lines in this area. There are a number of cross connections and when turning off valves, they found that businesses that should not have been impacted were and lost water service. They would like to abandon all of those lines and replace them with one 12 inch line. Paul Male said by replacing this line now, during the South Broadway reconstruction project, the cost would be less because there would be no mobilizations fees, insurance is already in place, as builts and inspections would be included and a number of other miscellaneous items would also be included. He estimated the cost of the project at $249,000 and with contingency at $265,000. He said the price would never go lower. He said that in his professional opinion, the newly paved street would outlast the old waterline, thereby, requiring the newly paved street to be torn up to replace this old line. It was his recommendation that this line be replaced now. Commissioner John Franck asked how the City would pay for this replacement. Commissioner Anthony Scirocco said it would be through a capital budget amendment. Commissioner John Franck asked why this wasn’t already budgeted in the capital budget. Paul Male said they were not aware that this section of the line was bad until it was dug up. He said if this new line is installed, the City will make the connections to the property owners’ water lines. Commissioner Ken Ivins asked for Paul Male’s professional opinion on when this old line might fail. Paul Male said, in his opinion, the newly paved road would outlast the waterline. Commissioner Ken Ivins asked about 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 the average life of a waterline. Paul Male said the newer lines are between 50 and 75 years. The older ones, and in particular this existing line, because it is of lower quality are between 30 and 50 years. Commissioner Ron Kim asked about testing the lines. Paul Male said once the line is installed it would be pressure tested at 200 pounds per inch and then chlorinated before use. Commissioner Ron Kim asked about the old line and when those lines are tested. Paul Male said that currently there are no procedures for testing, but it could be done through hydrant flows. Commissioner Ron Kim said it appeared this evening that the Council was amending the contract and then at the next meeting amending the capital budget. He asked if it was appropriate to do this in that order. Paul Male said Kubricky Construction needs to know now whether to order these pipes. Mayor Scott Johnson asked if the next Council meeting would be too late. Paul Male said yes. Commissioner Anthony Scirocco said he would like this amendment approved this evening and then structure the finances at the next meeting. Commissioner Ken Ivins said it needed to be clear that if the Council approves this amendment to the contract tonight then the Council must commit to the funding. He said by approving this amendment, the City is committing the funds. Mayor Scott Johnson said that this evening, the Council was just amending the contract. Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to amend the contract with Kubricky Construction allowing them to proceed with the additional 12 inch water line replacement from Canfield Street south to the Hilton Garden Inn at a cost of $249,101.12. Commissioner Ron Kim said he was a little concerned with the order in which the Council was approving this project and financing, but he would support the motion. He said recently there was a fire on Grand Avenue and one of the problems was getting enough water pressure to the hydrants. He said there should be a process to check these lines. There are significant water pressure problems in the older neighborhoods. Commissioner Ken Ivins shared the same concerns but said that Commissioner Anthony Scirocco was looking into putting together a long range plan on upgrading and maintaining infrastructure throughout the City. Ayes: four; Nays: one (Commissioner John Franck). Motion carried. Paul Male asked about rescheduling the capital budget amendment public hearing. It was agreed to reschedule the capital budget amendment public hearing to 6:50 p.m. on June 3. Saturday Compost Pick up. Commissioner Anthony Scirocco said that residents have requested Saturday hours for the sale of compost, so for the next two Saturdays, May 24 & May 31 DPW will sell compost from 8:00 to 4:00. PUBLIC SAFETY DEPARTMENT Property Maintenance Fees Commissioner Ron Kim requested that a public hearing be set for June 3 at 6:55 p.m. on property maintenance fees. Stop Sign Ordinance – Taylor Street (08-65) Commissioner Ron Kim moved and Commissioner Anthony Scirocco seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225, SECTION 225-77 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “VEHICLE AND TRAFFIC – SCHEDULE XII: STOP INTERSECTIONS ”. BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Section 225-77 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic – Schedule XII: Stop Intersections ” is hereby amended to add the following: STOP SIGN ON DIRECTION OF TRAVEL AT INTERSECTION OF 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Taylor Street East Jefferson Street Taylor Street West Doten Avenue 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. Ayes all . Revisions to Chapter 225 of the Vehicle and Traffic Law – Loading Zones (08-66) Commissio ner Ron Kim moved and Commissioner Anthony Scirocco seconded to adopt the following ordinance as presented: AN ORDINANCE TO AMEND CHAPTER 225, OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED "VEHICLES AND TRAFFIC. ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Chapter 225, Section 225-34 of the City Code, entitled “Vehicles and Traffic – Loading Zones” is hereby amended to read (new material underlined): § 225-34 Loading Zones No person, shall park or stand a vehicle in any area designated as a loading zone, except that a person may so park or stand a vehicle temporarily to load or unload goods, wares, or merchandise, provided that the vehicle displays a plate, sign, logo or other device indicating that such temporary loading or unloading is taking place. The locations described in Schedule XXIV (§225-89) attached hereto and made part of this chapter are hereby designated as loading zones. SECTION 2. Chapter 225, Section 225-40 of the City Code, entitled “Vehicles and Traffic – Removal of Vehicles ” is hereby amended to read (new material underlined, deleted material in brackets): §225-40 Removal of Vehicles [Any vehicles left parked or unattended in violation of these provisions may be removed and stored by any policeman, and the charge for such removal and storage shall be added to the fine assessed against such owner for such violations.] A. The Police Department shall have the authority to provide for the removal and storage of vehicles left parked or unattended in violation of any statute, ordinance, rule or regulation and of vehicles on which there are outstanding fines for parking violations. B. Such vehicles may be removed and stored by or under the direction of any member of the Police Department by means of a towing service as provided in Section 225-59, or by other means of removal and storage, at a lot or facility as may be established by the City for that purpose. Such removal or storage shall be at the expense of the owner of the vehicle. C. Any vehicle removed or stored as herein provided shall be released to its owner upon payment of charges incurred for towing and storage. Any vehicle which has accumulated Five Hundred Dollars ($500.0) or more in unpaid fines for parking violations shall not be released until all outstanding fines for parking violators have been paid or adjudicated. SECTION 3. 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. Ayes all. Revision to Chapter 101 of the City Code – Animal Definition (08-67) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 101 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “DOGS AND OTHER ANIMALS ”. BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. Chapter 101 of the Code of the City of Saratoga Springs, New York entitled “Dogs and Other Animals ” is amended to read: Chapter 101: DOGS AND OTHER ANIMALS ARTICLE I Definitions § 101-1. Definitions. 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 As used and intended in this chapter and for the purposes hereof, unless the context otherwise indicates, the following terms shall have the meanings indicated: ANIMAL – Any living creature of any non-human genus or species which is kept or controlled by any person or legal entity for any domestic, commercial, or agricultural purpose. ANIMAL CONTROL OFFICER — A Dog Control Officer as defined in § 114 of the New York State Agriculture and Markets Law and will be responsible to enforce all City ordinances enacted concerning dogs and other animals and to enforce Article 7 of the New York State Agriculture and Markets Law, Licensing, Identification and Control of Dogs. CONFINED — As applied to a dog, that such animal is securely confined or restrained and kept on the owner's premises either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot escape there from . DOG — Includes both male and female dogs. OWNER — Includes any person or persons, firm, association or corporation who or which at any time owns or has custody and control of or harbors or is otherwise responsible for any dog which is kept, brought or comes within the corporate limits of this City. ARTICLE II – Dogs Generally § 101-2. Compliance required. The owner, as above defined, of every dog which is at any time kept, brought or comes within the corporate limits of this City will be held responsible for the strict observance by such dog and with respect to such dog of all the rules and regulations contained in this chapter at all times when such dog is within the corporate limits of this City. § 101-3. Report of bites. Every owner of a dog shall immediately report to the Department of Public Safety, Health Officer or Animal Control Officer every case where a person has been bitten by a dog. § 101-4. Failure to confine. Every owner failing to confine a dog after being directed to do so by the Health Officer and/or Animal Control Officer shall be guilty of violating the provisions of this article. § 101-5. Report of rabies. Every dog having rabies or suspected of being infected with rabies shall be reported immediately to the Department of Public Safety or Health Officer, and the owner shall promptly comply with any and all directions the Health Officer and/or the Animal Control Officer shall give with reference to the observation of such dog or the continued confinement, immunization or other disposition to be made of such dog under the provisions of Section 2.14 of Part 2 of the State Sanitary Code, or otherwise. § 101-6. Enforcement. The Police Department is hereby authorized and directed to enforce strictly all the provisions, rules and regulations of this chapter or any emergency orders issued by the Health Officer. § 101-7. Penalties for offenses. Every person violating the provisions of this article shall, upon conviction, be punishable by a fine of not less than $50 nor more than $100. ARTICLE III Dog Control § 101-8. Leash or other control required. [Amended 5-5-1998; 3-7-2006] A. No person, firm, association or corporation who owns, harbors or has the custody of any dog shall cause or permit said dog to be on any public street or in any public place in the City of Saratoga Springs unless said dog is 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 under control of a person. As used in this section, the term "control" shall mean that the person shall in fact have the ability and the means to immediately direct, regulate and influence the dog ’s behavior at all times. B. In addition to and not in limitation of Subsection A of this section, no person, firm, association or corporation who owns, harbors or has custody of any dog shall cause or permit said dog to be on any public street or in any public place in the City of Saratoga Springs unless said dog is held by a person on a leash of sufficient strength. In the T-6 Zoning District, said leash shall not exceed six feet in length. The City Council may designate from time to time, by resolution, public places within the City where specific lengths of leashes shall be required. § 101-9. Nuisances. No person, company or corporation who owns, harbors or has custody and control of any dog or dogs shall cause or permit such dog or dogs to become a nuisance within the corporate limits of the City of Saratoga Springs, New York. As used in this section, "nuisance" shall be defined as follows: A. Dumping, knocking over or tearing open of garbage and other receptacles. B. Depositing of fecal matter or urinating upon property of another person, company or corporation. C. Fighting with other dogs or other domestic animals. D. Barking, howling, whining or other noise which is of such character that a reasonable person of normal sensitivities would not tolerate under the circumstances. E. Tearing, digging or otherwise destroying or damaging property of any person, company or corporation. § 101-10. Penalties for offenses. Any person convicted of any violation of §§ 101-8 and 101-9 hereof shall be punishable by fines as follows: A. For the first offense: a fine of up to $50. B. For the second and subsequent offense: a fine of up to $250, and each day on which the violation continues shall be and constitute a separate offense. § 101-11. Report of violations. It shall be the responsibility of all persons to report violations of §§ 101-8 and 101-9 hereof to the Police Department of the City of Saratoga Springs, New York, in order that identification of the dog and the owner may be made. It shall further be the responsibility of any police officer to whom the complaint is made to serve a summons for any such violation upon identification of the dog and owner by the person reporting such violation. § 101-12. Seizure and redemption of dogs. In addition to the foregoing penalties, any dog, unaccompanied by its owner, harborer or custodian, found in violation of §§ 101-8 or 101-9 hereof shall be forthwith picked up by the representative of an agency retained for such purpose by the City of Saratoga Springs and taken to an authorized kennel or pound. In such event, said dog shall be released only upon the payment of the fine specified in § 101-10 hereof, in addition to a daily service charge as agreed upon between the authorized agency and the City of Saratoga Springs. § 101-13. Dogs attacking persons; penalties for offenses. A. No person, company or corporation who owns, harbors or has custody and control of any dog shall cause or permit such dog to attack any person at any time. As used in this section, the term "attack" shall be defined as any physical assault, including mauling, biting, tearing or scratching. B. Any person convicted of a violation of this section shall be punishable by a fine of not less than $25 nor more than $50 for the first offense and by a fine of not less than $50 nor more than $75 for a second offense. C. In addition to the foregoing penalties, said owner shall be liable for all reasonable medical costs and the cost of replacing damaged property as determined by the City Court upon presentation of medical services receipts and replaced property receipts. D. The owner, harborer or custodian of any dog who has been convicted of a second offense shall be required to hold said dog on a leash, as described in § 101-8 hereof, at all times when not on his or her property. E. Upon a third violation of this section, the owner of said dog shall be required, within 30 days after such conviction, to dispose of said dog outside the City of Saratoga Springs and will also be liable for any medical costs or costs of replacement for damaged property. F. In the event of the owner's refusal, failure or neglect to do so, he or she shall be punishable by a fine of $250, medical costs and costs of replacement of damaged property and shall be deemed a disorderly person and punishable as such. G. Each day on which such refusal, failure or neglect continues shall constitute a separate offense. ARTICLE IV Animals at Large; Cruelty and Abandonment § 101-14. Animals at large prohibited; penalties for offenses. 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 A. No person who owns, keeps or controls any animal shall permit the same to be at large upon a highway or other public place. B. Every person violating this section shall, upon conviction, be punishable by a fine not to exceed $25 for each offense. § 101-15. Carrying animals in a cruel manner; penalties for offenses. A person who carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel or inhumane manner or so as to produce torture is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or by both. § 101-16. Abandonment; penalties for offenses. A person who owns, keeps or controls an animal who abandons such animal or leaves it to die in a street, road or public place or who allows such animal, if it becomes disabled, to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or both. § 101-17. Failure to care for animals; penalties for offenses. A. No person who owns, keeps or controls any animal shall fail to provide proper food, water or shelter for said animal, taking into account the existing weather conditions, whether current or anticipated. "Food" shall mean food necessary to maintain the good health of the animal. "Water" shall mean water which is clean, in sufficient quantity to sustain the animal and not frozen. "Shelter" shall mean not only the place where the animal may get out of the weather, to include temperature, but also includes an adequate size area for exercise, taking into account the size and activity of the animal. B. A person found in violation of this section is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or both. ARTICLE V Public Pound § 101-18. Establishment; fees. There may be a public pound located at such place as the Council may from time to time direct and at such fees as the Council may establish. ARTICLE VI Poultry and Swine § 101-19. Fowl at large. No person shall allow fowl to run at large in the Inside Tax District, but he shall keep the same in suitable houses and runways. § 101-20. Noise by fowl. No person shall harbor a crowing cock in the Inside Tax District, the crowing of which disturbs neighbors during the hours from 12:00 midnight to 7:00 a.m., longer than one day after written notice thereof by the office of the Commissioner of Public Safety. § 101-21. Keeping swine. No swine shall be kept in the Inside Tax District. Swine in the Outside Tax District must be kept within an enclosure located not less than 200 feet from a highway and not less than 50 feet from a dwelling. A watertight feeding trough must be provided, and no swill shall be thrown upon the ground. The feed trough and enclosure must be kept in a clean and sanitary condition. Odors from such enclosure which shall be offensive to passers upon a highway or to neighbors shall be presumptive evidence of the unsanitary condition thereof. § 101-22. Penalties for offenses. Any person in violation of §§ 101-19, 101-20 and 101-21 shall be subject to a fine of $25 for each offense and $15 for each day's continuance after notice from the Commissioner of Public Safety or his agent of the violation of these sections. ARTICLE VII Compliance With Statute 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 § 101-23. Late penalty for dog licenses. Any person, company or corporation who fails to license his or her dog in accordance with Article 7 of the New York State Agriculture and Markets Law shall be assessed a civil penalty of $10 for each dog, in addition to the required license fees as specified in Article 7 of the New York State Agriculture and Markets Law. § 101-24. Applicability of state provisions. All persons, companies or corporations who own, harbor or have the custody and control of any dog will comply with all rules, regulations and laws of Article 7 of the New York State Agriculture and Markets Law and the New York Codes, Rules and Regulations pertaining to said Article when such dog is within the corporate limits of the City of Saratoga Springs, New York. ARTICLE VIII Cleaning Up After Pets § 101-25. Compliance required. Any person who owns, keeps, possesses or controls any dog shall promptly remove any fecal matter left by the dog on any public property and on any private property not owned by such person or lawfully occupied by such person. § 101-26. Possession of cleaning implements required in public places. In addition to and not in limitation of the provisions of § 101-25 above, every person who shall own, keep, possess or control any dog within the City of Saratoga Springs shall possess, at all times when accompanying said dog within such public place, implements or devices sufficient to clean and remove any fecal matter left by the dog in said public place. Failure to possess such implements or devices under such circumstances shall be sufficient to constitute a violation of this article. § 101-27. Penalties for offenses. Any person violating this article shall, upon conviction, be subject to a fine of $25 for each offense. ARTICLE IX Animals Prohibited at Designated Public Events § 101-28. Specific public events at which animals prohibited. A. No person who owns, harbors or has custody of any animal shall cause or permit said animal to be present on the grounds of any of the following specific public events held in the City of Saratoga Springs: (1) First Night. (2) July 4 Family Day in Congress Park. (3) Hats Off to Saratoga. (4) Final Stretch Celebration. (5) Victorian Street Walk. B. For purposes of this section, the grounds of each specific public event shall consist of the area covered by the approved event permit. For July 4 Family Day, the grounds shall consist of Congress Park in its entirety. § 101-29. Other public events. No person who owns, harbors or has custody of any animal shall permit said animal to be present on the grounds of any public event, other than those specified in § 101-28, for which the Commissioner of Public Safety has, in his discretion, a prohibition on animals at such event. The Commissioner shall announce the prohibition in a manner reasonably calculated to give adequate advance notice of the prohibition and shall specify the area or areas of the event where the prohibition will be in effect. § 101-30. Service animals excepted. Nothing in §§ 101-28 and 101-29 above shall be construed to prohibit or regulate the use of service animals. § 101-31. Display and presentation animals excepted. Nothing in §§ 101-28 and 101-29 above shall be construed to prohibit or regulate the use of any animal or animals at public events as part of a display, show, or presentation to the public. 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. 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Commissioner Ken Ivins asked about cats and would those owners be responsible. Commissioner Ron Kim said there is some discretion and it was his sense that unless there were complaints, the animal control officer would not be looking at cats. Mayor Scott Johnson asked about the pooper scooper law. Tony Izzo said it is in this ordinance. Ayes all. Public Safety Facility Commissioner Ron Kim said on June 3 Labella Associates will make a presentation to the Council on the preliminary design drawings and cost estimates for the public safety facility. There is $8 million in the capital budget for construction and $1 million for design work. The contract for design was awarded to Labella in November 2007. He asked this presentation be placed early on the agenda. Firefighter Participation in GHI Workforce Challenge Run Commissioner Ron Kim said there was a number of firefighters who recently participated in the GHI Workforce 3.5 mile Challenge Run. He commended the firefighters for doing so. SUPERVISORS Joanne Yepsen Adding Fish Creek & Saratoga Lake to the NYS Open Space Plan: Joanne Yepsen said she and the Mayor’s Department staff participated in a conference call with Julie Stokes on this matter. It was agreed that this matter would be postponed to allow time to gather more detailed information on including Saratoga Springs in the NYS Open Space plan. She will obtain language that the surround towns are using. Mayor Scott Johnson said this would be placed on the next Council agenda. County Open Space Grant application: Joanne Yepsen said the application for the County Open Space grant is available on the County and City web page. The application deadline is in July and the grants are up to $100,000. She said it might be good for the Council to have a workshop with Jason Kemper from the County on this matter. She said she would like to set that up for June 9 or 10 and will contact Council members for their availability. Grants to You: Joanne Yepsen said the grants to you class will be held in July and is open to the public. The class will be co-sponsored with the Arts Council. More information is available on www.grantstoyou.org. County Racing Committee Report: Joanne Yepsen said the County Racing Committee met on May 14 and reviewed the report from Ed Lewi. More information on NYRA and their season will be available at the press conference to be held on June 23 at 11:00 a.m. at the Desmond Hotel. Opening Day will be July 23 and the open house will be held on the Sunday prior to opening day. The County racing Committee will meet again over the next several months to review NYRA’s bankruptcy matter and to take a hardhat tour of the track. Saratoga Arts Fest: Joanne Yepsen said she had asked Marie Glotzbach to address the Council on the Saratoga Arts Fest which she did at the beginning of the meeting. She also noted that Marie Glotzbach was recently recognized as one of ten women honored as women of influence. Matthew Veitch County Radio System: Matthew Veitch said that the County authorized $179,000 for communications shelters for the countywide radio system. Hazardous Mitigation Plan: Matthew Veitch said the County set a public hearing today on the hazardous mitigation plan. He said the County received a member item from Senator Bruno in the amount of $225,000 for this plan. They have hired a consultant from New Jersey for $160,000. The remaining funds will be used to visit local municipalities to discuss their hazardous mitigation plans. 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 20, 2008 Cold War Veterans' Assessment Exemption: Matthew Veitch said the County Board passed an exemption today for veteran’s who had been previously missed in exemptions. The new time period goes from 1945 to 1991. Those veterans had not been fully covered. They will now be eligible for the full 15 percent. The cost to County residents will be $.50 on a $250,000 home. County Reverse 911 System: Matthew Veitch said about a month ago, the County used their reverse 911 call system to alert County residents that there was an open burning ban. He said 131,000 calls were placed with 70,000 going through. Reasons for not going through are no one at home and answering machines. He said there was a problem with the Time Warner switch, so many of those calls did not go through either. They are working on fixing that problem. The reverse 911 does not go to cell phones. Route 50 Resolution: Matthew Veitch said at the last Council meeting the Council passed a resolution on the Route 50 DOT project. He said he has been visiting various organizations throughout the City seeking support for this project. The Chamber has some funds set aside to upgrade the area near the Olde Bryan Inn with plantings. He is working on getting this project moving forward. "Sundae on the Farm" : Matthew Veitch said that for the last 13 years, the County has sponsored the “Sundae on the Farm” event. The next event will be on June 22 from 12:00 p.m. to 4:00 p.m. at the Kingsland Farm in Northumberland. He said it is a wonderful event and encouraged everyone to attend. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to adjourn the meeting at 9:10 p.m. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 9:10 p.m. Respectfully submitted, Katherine A. Moran Approved: Clerk 15 of 15