City Council

July 5, 2017 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 7:00 PM 6:40 PM P.H. – Amend Chapter 148 of the City Code 6:45 PM P.H. – Amend Capital Budget for Woodlawn Avenue Water Main Project 6:50 PM P.H. – Amend Capital Budget for Downtown Connector Project 6:55 PM P.H. – Ballston Avenue Zoning Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENATIONS EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 6/13/17 SPA Housing Inclusionary Zoning Amendment Minutes 2. Approval of 6/19/17 City Council Meeting Minutes 3. Approval of 6/19/17 Pre-Agenda Meeting Minutes 4. Approve Budget Transfers – Regular 5. Approve Budget Amendments – Regular (Increases) 6. Approve Payroll 6/23/17 $473,666.48 7. Approve Payroll 6/30/17 $497,908.55 8. Approve Warrant: 2017 Mid – 17MWJUN2 $11,471.82 9. Approve Warrant: 2017 – 17JUL1 $1,600,470.53 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval of 2017 – 2018 Housing Authority Salaries 2. Discussion and Vote: Authorization for the Mayor to Sign Change Order #1 with Kompan, Inc. for the West Side Rec Playground 3. Discussion and Vote: Authorization from City Council to Absolve the Square Footage Fee for Pitney Meadows Community Farm 4. Discussion and Vote: SEQRA Determination for Geyser Road Trail 5. Discussion and Vote: SEQRA Determination for Ballston Avenue Zoning Amendment 6. Discussion and Vote: Ballston Ave Zoning Amendment 7. Discussion and Vote: Approval to Pay Miller, Mannix Invoice City Council Meeting 7/5/17 8. Set Public Hearing: Donation of Land Utilizing Open Space Bond Hearing 9. Set Public Hearing: Capital Budget Amendment to Utilize Open Space Bond Funds for the Acquisition of Crown Oil Property 10. Discussion and Vote: Amend the Capital Budget – Saratoga Greenbelt Trail Downtown Connector ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Electric Contract with Engie Resources, LLC 2. Award of Bid: Granite and Pre-Cast Curbs to Syrstone, Inc. and The Fort Miller Company 3. Award of Bid: Precast Manholes, Catchbasins, Dry Wells, Frames and Covers to Pallette Stone Corp. FINANCE DEPARTMENT 1. Discussion and Vote: Resolution to FCC Commissioner Ajit Pai Regarding Local Government Perspective on Maintaining Enforceable Net Neutrality Under the Open Internet Order of 2015 2. Discussion : Review Process for Finance to Make Budget Approved Payments to Non-Profits and/or Other Council Approved Allocations 3. Announcement: Appointment Deputy Commissioner of Finance 4. Announcement: Saratoga Go! Contest Winners 5. Discussion and Vote: Capital Budget Amendment – (Increase) Saratoga Greenbelt Trail Downtown Connector Project 6. Discussion and Vote: Use of Reserve Resolution – Parkland: Saratoga Greenbelt Trail Downtown Connector 7. Discussion and Vote: Use of Reserve Resolution – Subdivision Recreation Trust: Saratoga Greenbelt Trail Downtown Connector 8. Discussion and Vote: Budget Transfers – Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization to Sign Grant of Easement to Niagara Mohawk Power Corporation 2. Discussion and Vote: Approval to Pay Invoice to Holland Company 3. Announcement: Update on Fire Hydrant Replacement Program 4. Discussion and Vote: Approve the Sub-Lease of Lena Lane PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA for 2017 Racing Season 2. Set Public Hearing: Amend Chapter 148 of the City Code 3. Discussion and Vote: Amend Chapter 13 of the Ethics Code 4. Discussion and Vote: Amend Chapter 118 of the City Code 5. Discussion and Vote: Authorization to Reimburse for Tolls 6. Discussion: Short Term Rentals 7. Announcement: Susan Moorehouse Crosswalk Dedication SUPERVISORS Matt Veitch 1. Saratoga County Employment and Training Department Update Peter Martin 1. County/Municipal Shared Services Panel ADJOURN Page 2 of 14 City Council Meeting 7/5/17 July 5, 2017 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 7:00 PM PRESENT: Joanne Yepsen, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS STAFF PRESENT: Meg Kelly, Deputy Mayor Maire Masterson, Deputy Commissioner, Accounts Franck Coppola, Jr., Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Vincent DeLeonardis Matthew Veitch, Supervisor Peter Martin, Supervisor 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 HEARING Amend Chapter 148 of the City Code Mayor Yepsen opened the public hearing at 6:44 p.m. Commissioner Mathiesen advised what was advertised for this public hearing is not what the amendment is about. He will be setting another public hearing on this amendment under his agenda. No one spoke. Mayor Yepsen closed the public hearing at 6:45 p.m. Amend Capital Budget for Woodlawn Avenue Water Main Project Mayor Yepsen opened the public hearing at 6:45 p.m. Commissioner Scirocco advised the contractor agreed to keep the 2016 rates in effect for this project. Page 3 of 14 City Council Meeting 7/5/17 No one spoke. Mayor Yepsen closed the public hearing at 6:50 p.m. Amend Capital Budget for Downtown Connector Project Mayor Yepsen opened the public hearing at 6:50 p.m. Mayor Yepsen advised this is to add money to the capital budget for the downtown connector. The City will need to make a contribution of $983,238. No one spoke. Mayor Yepsen closed the public hearing at 6:55 p.m. Ballston Avenue Zoning Amendment Mayor Yepsen opened the public hearing at 6:55 p.m. Commissioner Franck recused himself and left the room as he owns property in the area being discussed. Susan Barden of the Planning Department explained the area in the proposal now consists of 14 parcels. Steve Gottman, applicant, advised the change is more compliant with the Comprehensive Plan. The area is no longer residential and is a truck route. The City and County Planning Boards recommended this change and will promote better land use at the core into the City. Mike Ginely, co-applicant, stated it is better to bring the more intensive dense use into town rather than go outside the town. No one spoke. Mayor Yepsen closed the public hearing at 7:04 p.m. CALL TO ORDER Mayor Yepsen called the meeting to order at 7:04 p.m. PUBLIC COMENT Mayor Yepsen said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes. Mayor Yepsen opened the public comment period at 7:05 p.m. Bonnie Sellers of Saratoga Springs stated in regards to #3 on the Mayor’s Agenda and being a member of the Open Space Committee, her concern is where it is going to be placed behind the house and especially where it is going to go behind the farm. Sam Burton of Saratoga Springs thanked Commissioner Mathiesen for working on the ethics code. These adjustments are a good start. Page 4 of 14 City Council Meeting 7/5/17 Tom Denny of Saratoga Springs and a member of Sustainable Saratoga congratulated DPW on filling the arborist position. He presented the Council with a tree report from Sustainable Saratoga. (attached) Darlene McGraw of Saratoga Springs stated to be a healthy city more people need to walk or use public transportation. Mayor Yepsen closed the public comment period at 7:14 p.m. CONSENT AGENDA Mayor Yepsen moved and Commissioner Mathiesen seconded to accept the consent agenda as follows: 1. Approval of 6/13/17 SPA Housing Inclusionary Zoning Amendment Minutes 2. Approval of 6/19/17 City Council Meeting Minutes 3. Approval of 6/19/17 Pre-Agenda Meeting Minutes 4. Approve Budget Transfers – Regular 5. Approve Budget Amendments – Regular (Increases) 6. Approve Payroll 6/23/17 $473,666.48 7. Approve Payroll 6/30/17 $497,908.55 8. Approve Warrant: 2017 Mid – 17MWJUN2 $11,471.82 9. Approve Warrant: 2017 – 17JUL1 $1,600,470.53 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approval of 2017 – 2018 Housing Authority Salaries (17-199) Paul Feldman, director of the Housing Authority, stated all salaries submitted are in alignment with CSEA contracts passed last year. This is a performance evaluation system; there is no longer a guaranteed increase. He did not put in for an increase for himself. Mayor Yepsen moved and Commissioner Madigan seconded to approve the 2017-2018 Housing Authority salaries. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Change Order #1 with Kompan, Inc. for the West Side Rec Playground (17-200) Mayor Yepsen advised the change order is in the amount of $19,425.07 for the purchase and installation for the zip line at the west side recreation. Mayor Yepsen moved and Commissioner Mathiesen seconded to authorize the mayor to sign change order #1 with Kompan, Inc. for the west side playground. Ayes - All Discussion and Vote: Authorization from City Council to Absolve the Square Footage Fee for Pitney Meadows Community Farm (17-201) Mayor Yepsen moved and Commissioner Franck seconded the resolution as follows: Whereas, the proposed structure does not fit in to a stated description in the current city code and; Page 5 of 14 City Council Meeting 7/5/17 Whereas, the Tunnel to be constructed at Pitney Meadows Community Farm is projected to total 6,216 square feet but as an empty shell will not require detailed review or inspection work by staff and; Whereas, the projected need of the Pitney Meadow Community Farm structure exceeds the time the "temporary structure" category permits, then it be resolved that the normal city fee calculated based on square foot size of structure will be waived and a building permit fee of $200.00 will be charged to the non-profit organization. Ayes - All Discussion and Vote: SEQRA Determination for Geyser Road Trail (17-202) Brad Birge of the Planning Department advised this is a type 1 action; therefore, the SEQRA long form needs to be completed. He read through each question of the form (attached) and asked the Council for their answer. Peter Faith of Greenman Petersen, Inc. provided the Council with a summary of the project. The City Council approved Part 1 and Part 2 of SEQRA long form. Mayor Yepsen moved and Commissioner Madigan seconded the following resolution: RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION FOR PROPOSED GEYSER ROAD MULTI-USE PATH PROJECT WHEREAS, the Saratoga Springs City Council has proposed constructing a project consisting of (a) providing a separate multi-use path along the north side of Geyser Road from the Town of Milton/City of Saratoga Springs line to the intersection with NYS Route 50, (b) Geyser Road/Cady Hill Road signal improvements to provide a new pedestrian crossing and (c) Geyser Road/NYS Route 50 intersection improvements involving widening the Geyser Road approach to accommodate a left turn lane and providing new pedestrian crossing (the “Project”); and WHEREAS, the proposed Project is subject to review under the State Environmental Quality Review Act (“SEQRA”); and WHEREAS, it appears that the Project is a Type 1 action under SEQRA and Part 1 of the SEQRA Full Environmental Assessment Form (“FEAF”) has been prepared together with supplemental information discussing the potential impacts of the proposed Project; and WHEREAS, the City Council has been duly designated as SEQRA Lead Agency by Determination of the Commissioner of the Department of Environmental Conservation pursuant to 6 NYCRR 617.6(b)(5)(v); and WHEREAS, the City Council has conducted a public hearing on the proposed Project and Received Written comments from the public; and WHEREAS, the City Council has reviewed Part 1 of the FEARF, considered the proposed Project and comments provided by other Involved Agencies and the public and completed Part 2 of the FEAF; and WHEREAS, the City Council completed Part 2 of the FEAF by answering “No” to most of the unnumbered questions and answering “No or small impact may occur” to all of the sub-questions of numbered questions to which it answered “Yes”; and WHEREAS, the City Council has taken a hard look at the potential environmental impacts of the proposed Project by carefully considering them and thoroughly evaluating their potential significance, including their magnitude and importance; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Based on its review of the proposed Project and an evaluation of the impacts that may be reasonably expected to result from the proposed Project according to the criteria set forth in 6 NYCRR 617.7© and governed by the rule of reasonableness, the City Council hereby determines that the proposed Project will not have a significant adverse impact on the environment and the particular facts and circumstances do not require preparation of an environmental impact statement. 2. The Mayor is authorized and directed to indicate the City Council’s determination of non-significance by checking Box A of the Determination of Significance in Part 3 of the FEAF and signing Part 3 of the FEAF on behalf of the City Council. 3. The City Clerk, Mayor’s Office, City Attorney’s Office and/or City Planning and Zoning Counsel are authorize and directed to file the completed FEAF as the SEQRA Negative Declaration for the proposed Project and to distribute and publish any necessary documents or notices relating to this Negative Declaration in accordance with applicable laws and regulations. Ayes - All Page 6 of 14 City Council Meeting 7/5/17 Discussion and Vote: SEQRA Determination for Ballston Avenue Zoning Amendment (17-203) Commissioner Franck recused himself from this item and the next and left the room as he owns property in the area of the project being discussed. Susan Barden of the Planning Department reviewed Part 1 of the SEQRA short form (attached) with the Council and the Council provided their answers to each of the questions in Part 2. She reminded the Council they are looking at rezoning of an area, not reviewing a specific project. Commissioner Madigan advised she felt it is a good idea to recommend a T-4. Council engaged in much discussion regarding the answers to questions #2 & 3. Commissioner Madigan stated she is comfortable with the zoning change being recommended as it is in line with the City’s Comprehensive Plan. Commissioner Mathiesen read the definition of T-5 and T-4. The T-4 would work well here and T-5 would open it up to uses other than what traditionally has been there. Commissioner Madigan stated she is going to support the change in front of them as it is in line with the Comprehensive Plan. Susan Barden stated they are trying to align the zoning map to be in accordance with the complementary core. Brad Birge advised the Council needs to answer #s 2 & 3 before they can move to the motion. Commissioner Scirocco stated it is going to take Planning Board approval to do something in this district. To be consistent with the Comprehensive Plan, T-5 is the way to go. Steve Gottman, applicant, stated there was a court decision that said the area is no longer a residential area and that is why the use variance was granted. Now, 4 of the 14 parcels are commercial uses. Mayor Yepsen moved and Commissioner Madigan seconded that #2 is “No, or small impact may occur” and it is consistent with the Comprehensive Plan. Commissioner Mathiesen stated he feels this could be a change in the use or intensity; there is a potential for a moderate or large impact. Ayes – 3 Nays – 1 (Commissioner Mathiesen) Mayor Yepsen moved and Commissioner Madigan seconded that #3 is “No, or small impact may occur” based upon our Comprehensive Plan calls for and based upon the proposal in front of us. Commissioner Mathiesen stated he has the same argument as previously. Ayes – 3 Nays – 1 (Commissioner Mathiesen) Mayor Yepsen moved and Commissioner Madigan seconded the City Council approve a negative SEQRA determination for the Ballston Avenue zoning amendment. Ayes - All Page 7 of 14 City Council Meeting 7/5/17 Discussion and Vote: Ballston Ave Zoning Amendment (17-204) Mayor Yepsen moved and Commissioner Madigan seconded to approve the Ballston Avenue zoning amendment as presented. Commissioner Mathiesen stated he would rather see a T-4. Ayes – 3 Nays – 1 (Commissioner Mathiesen) *Commissioner Franck returned to the meeting. Discussion and Vote: Approval to Pay Miller, Mannix Invoice (17-205) Mayor Yepsen moved and Commissioner Mathiesen seconded to approve to pay Miller, Mannix invoice as listed with the agenda. Ayes - All Set Public Hearing: Donation of Land Utilizing Open Space Bond Hearing Mayor Yepsen set a public hearing for Tuesday, July 18, 2017 at 6:55 p.m. Set Public Hearing: Capital Budget Amendment to Utilize Open Space Bond Funds for the Acquisition of Crown Oil Property Mayor Yepsen set a public hearing for Tuesday, July 18, 2017 at 6:50 p.m. Discussion and Vote: Amend the Capital Budget – Saratoga Greenbelt Trail Downtown Connector (17- 206) Tina Carton, sustainability coordinator, advised this is to amend the capital budget for $3,800,292. The City received money from various grants, will need to bond some money, and will be using some funds from recreation funds. Mayor Yepsen moved and Commissioner Madigan seconded to amend the capital budget Saratoga Greenbelt Trail Downtown Connector. Ayes – All ACCOUNTS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Electric Contract with Engie Resources, LLC (17- 207) Commissioner Franck advised that each year our energy broker looks for the best rate per kilowatt hour for electric services. We have the option of a 12 months or 24 months contract. This year Engie Resources, LLC came in with the best rate. The rate per kilowatt hour for a 12 month contract is $0.04784/kWh and $0.04814/kWh for a 24 month contract. Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign a 24 month contract with Engie Resources, LLC for $0.04814 per kilowatt hour. Ayes – All Page 8 of 14 City Council Meeting 7/5/17 Award of Bid: Granite and Pre-Cast Curbs to Syrstone, Inc. and The Fort Miller Company (17-208) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Granite & Pre-Cast Curbs as follows: • Granite curbing to Syrstone, Inc. • Pre-cast curbing to The Fort Miller Company Not to exceed the appropriated amount. Funding is in line A3335014 / 54180 . Ayes - All Award of Bid: Precast Manholes, Catchbasins, Dry Wells, Frames and Covers to Pallette Stone Corp. (17- 209) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Precast Manholes, Catchbasins, Dry Wells, Frames & Covers to Pallette Stone Corp. not to exceed the appropriated amount. Funding is in lines: A3335014 / 54180; A3638144 / 54180; F3638354 / 54180; and G3638114 / 54180. Ayes - All ** The Council took a break at 9:21 p.m. ** The Council returned at 9:28 p.m. FINANCE DEPARTMENT Discussion and Vote: Resolution to FCC Commissioner Ajit Pai Regarding Local Government Perspective on Maintaining Enforceable Net Neutrality Under the Open Internet Order of 2015 (17-210) Commissioner Madigan moved and Commissioner Mathiesen seconded the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: WHEREAS, our nation’s residents benefit immensely from an open internet which drives innovation and economic growth across every segment of American society, “Net neutrality” rules recognize the importance of maintaining a level playing field for all internet content – regardless of the creator or owner – to be enjoyed by all users, regardless of their internet provider. For this reason, the U.S. Conference of Mayors has consistently advocated for strong federal actions on this issue across two federal administrations; and WHEREAS, whether through the Federal Communications Commission (FCC) of through legislative action, the U.S. Conference of Mayors has called since 2014 for nationwide internet protections that enforce the following nondiscrimination principles: a commitment to transparency, the free flow of information over the internet, no blocking of lawful websites, no unreasonable discrimination of lawful network traffic, and no paid prioritization. In 2015, the FCC enshrined these same principles of free and open internet service into law through the reclassification of internet service under Title II of the Communications Act, and WHEREAS, on May 18 the FCC voted to consider a full repeal of Title II and the net neutrality rules. This proposal poses a significant risk of stifling American innovation and harming local economies across the country, and WHEREAS, net neutrality is a pocketbook issue for American households. Full repeal of the existing rules would have a particularly negative impact on middle and working class families while simultaneously restricting access to certain types of online content and services to those who cannot afford to pay more. When internet providers restrict access to certain types of conduct and services and charge residents for the luxury of accessing information and services online, we are all less free to participate in the modern economy. For these and many other reasons, a repeal of these crucial protections would prove disruptive to residents, schools, small businesses, nonprofits, libraries and countless others. Technology startups depend on net neutrality to gain fair and competitive access to customers. A repeal of existing rules could see many innovative solutions pushed into the background by entrenched internet providers. Our cities depend on a thriving startup community to drive innovation and growth, NOW, THEREFORE, this Council urges the FCC to maintain and enforce the 2015 Open Internet Order, and to continue to ensure that the principles of openness, freedom and innovation continue to drive our nation’s economy Page 9 of 14 City Council Meeting 7/5/17 BE IT RESOLVED that a copy of this resolution shall be forwarded to Ajit Pai, Chairman of the Federal Communications Commission, Washington, D.C. Ayes - All Discussion: Review Process for Finance to Make Budget Approved Payments to Non-Profits and/or Other Council Approved Allocations Commissioner Madigan reviewed the process of how to make approved payments to non-profits and/or other approved allocations. A purchase order requisition must be obtained through purchasing. Announcement: Appointment Deputy Commissioner of Finance Commissioner Madigan advised she is appointing Mike Sharp as her new deputy commissioner. He will th start July 10 . Announcement: Saratoga Go! Contest Winners Commissioner Madigan announced the winners of the SaratogaGo! Contest. In the professional category, the first place winner is Toga Tree Triage and the second place winner is Stonewall Defense. In the high school category, the first place winner is Saratoga Parking Application and the second place winner is Saratoga Experience Interface. Discussion and Vote: Capital Budget Amendment – (Increase) Saratoga Greenbelt Trail Downtown Connector Project (17-211) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the capital budget amendment for Saratoga Greenbelt Trail Downtown Connector project as previously submitted with the agenda. Ayes - All Discussion and Vote: Use of Reserve Resolution – Parkland: Saratoga Greenbelt Trail Downtown Connector (17-212) Commissioner Madigan advised this resolution is to use $78,500 for the construction of the Saratoga Greenbelt Trail. The current balance in the reserve is $178,500. The remaining balance will be zero after this payment and other unpaid commitments. The resolution attached to the agenda is as follows: WHEREAS, the City Council of the City of Saratoga Springs established the Reserve Fund for the Purchase of Parkland and/or for Capital Improvements to Existing Parkland on September 16, 2003 pursuant to General Municipal Law § 6-C (2) in order to set aside in trust the proceeds from the sale of the parkland at the corner of East Avenue and Excelsior Avenue and to dedicate and use such funds for the purchase of replacement parkland and/or for capital improvements to existing parkland; and WHEREAS, on July 5, 2017, the City Council approved an amendment to the 2017 Capital Budget and Program, which includes a Capital Fund Budget reflecting expenditures for a project entitled “Saratoga Greenbelt Trail Downtown Connector”, as well as the revenues that support these expenditures. It has was determined that funds in the amount of $78,500.00 are needed for the Saratoga Greenbelt Trail Downtown Connector project, and that the City Council authorizes said funds to be paid from the Reserve Fund for the Purchase of Parkland and/or for Capital Improvements to Existing Parkland; and WHEREAS, expenditures for the Saratoga Greenbelt Trail Downtown Connector project include safe, comfortable and convenient travel to the greatest extent possible for users of all abilities including pedestrians, bicyclists, motorists and transit riders; and these expenditures are in accordance with the purposes of the Reserve Fund for the Purchase of Parkland and/or for Capital Improvements to Existing Parkland; NOW, THEREFORE, BE IT RESOLVED, that the above-described increase in the appropriation for the Saratoga Greenbelt Trail Downtown Connector project in the amount of $78,500.00 is hereby approved in accordance with the Reserve Fund for the Purchase of Parkland and/or for Capital Improvements to Existing Parkland. The approval of this expenditure will deplete this fund. Page 10 of 14 City Council Meeting 7/5/17 Commissioner Madigan moved and Commissioner Franck seconded to approve to use the Parkland Reserve resolution as previously distributed with the agenda, the resolution was reviewed by the assistant city attorney. Ayes - All Discussion and Vote: Use of Reserve Resolution – Subdivision Recreation Trust: Saratoga Greenbelt Trail Downtown Connector (17-213) Commissioner Madigan advised the resolution is to use $71,500 from this reserve for construction of the Saratoga Greenbelt Trail Downtown Connector. The current balance in the trust fund is $1,068,413. The balance after this and previously approved commitments that have not yet been transferred will be $161,848. The resolution attached to the agenda is as follows: BE IT RESOLVED, by the City Council of the City of Saratoga Springs as follows: WHEREAS, the City of Saratoga Springs has established a subdivision recreation fund as part of its Subdivision Regulations and as part of its Zoning Ordinance (Section 7.2.18). The purpose of the subdivision recreation fund is to use site plan fees paid in lieu of usable recreation land for “neighborhood park, playground or recreation purposes, including the acquisition and improvement of property”; and WHEREAS, on July 5, 2017 the City Council approved an amendment to the 2017 Capital Budget and Program with the following capital project to be funded from the subdivision recreation fund: • Saratoga Greenbelt Trail Downtown Connector to integrate bicyclists, pedestrians, and transit improvements within the primary corridor of downtown. The amount funded was stated at $71,500.00. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The City Council finds that the following expenditures are in accordance with the purposes of the subdivision recreation fund: • Saratoga Greenbelt Trail Downtown Connector: up to $71,500; 2. The City Council authorizes the sum of $71,500 to be paid from said fund for said purposes. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the use of the Subdivision Recreation Trust Fund resolution as previously distributed with the agenda, the resolution was reviewed by the assistant city attorney. Ayes - All Discussion and Vote: Budget Transfers – Payroll (17-214) Commissioner Madigan moved and Commissioner Franck seconded to approve the budget transfers – payroll as previously submitted and uploaded with the agenda. Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization to Sign Grant of Easement to Niagara Mohawk Power Corporation (17-215) Commissioner Scirocco stated this easement will grant Niagara Mohawk the ability to work in the City’s right-of-way at 41 Weibel Avenue. Any excavated areas will be restored to the original state. Commissioner Scirocco moved and Commissioner Madigan seconded to approve the grant of easement to Niagara Mohawk Power Corporation to work in the City’s right-of-way located on Weibel Avenue. Ayes - All Discussion and Vote: Approval to Pay Invoice to Holland Company (17-216) Page 11 of 14 City Council Meeting 7/5/17 Commissioner Scirocco advised an invoice was received in the amount of $6,279.90 without a purchase order being obtained. Commissioner Scirocco moved and commissioner Madigan seconded to approve payment to the Holland Company in the amount of $6,279.90. Ayes - All Announcement: Update on Fire Hydrant Replacement Program Commissioner Scirocco announced as the Department of Public Works has been flushing hydrants, they have found some that are not working properly. If the hydrant is found to be in-operable, they are repairing or replacing them. Discussion and Vote: Approve the Sub-Lease of Lena Lane (17-217) Vince DeLeonardis, city attorney, advised the owner of 43 Phila is subleasing the property to another entity. The sublease is allowable under the current lease with the City and requires notice to the City and consent of the Council to the sublease. Commissioner Scirocco moved and Commissioner Mathiesen seconded to approve the sublease of Lena Lane to RR at 43 Phila Hospitality Group, LLC. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA for 2017 Racing Season (17- 218) Commissioner Mathiesen stated this is an annual agreement for fire services in the amount of $90,655. Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement with New York Racing Association. Ayes - All Set Public Hearing: Amend Chapter 148 of the City Code Commissioner Mathiesen set a public hearing for Tuesday, July 18, 2017 at 6:45 p.m. Discussion and Vote: Amend Chapter 13 of the Ethics Code (17-219) Commissioner Mathiesen moved and Commissioner Madigan seconded to amend Chapter 13 of the Ethics Code. Commissioner Mathiesen read the following ordinance: AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NY, ENTITLED “ETHICS’ BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, as follows: SECTION 1: Chapter 13 of the Code of the City of Saratoga Springs, NY, entitled “Ethics” is hereby amended to add a new subsection 13-3A to read: 13-3A ADDITIONAL STANDARDS FOR MEMBERS OF LAND USE Page 12 of 14 City Council Meeting 7/5/17 BOARDS A. In addition to and not in limitation of other standards in this Chapter, the following standards shall apply to appointed members of the Planning Board, Zoning Board of Appeals, and Design Review Commission, hereinafter referred to as “land use boards”: 1. Required recusal. An appointed member of a land use board shall publicly disclose on the official record at an open meeting, and shall recuse himself or herself from participating further in reviewing an application before his or her board, under any of the following circumstances: (a) During the twelve (12) months preceding the filing of the application before the member’s board, the member has been employed, with or without compensation, by either the applicant or the property owner named in the application. (b) During the twelve (12) months preceding the filing of the application before the member’s board, either the applicant or the property owner named in the application has supplied goods and/or services to the applicant, including but not limited to professional services, having an aggregate value greater than Two Thousand Dollars ($2,000). (c) During the twelve (12) months preceding the filing of the application before the member’s board, the member has received from either the applicant or the property owner named in the application a gift or gifts having an aggregate value greater than Seventy-Five Dollars ($75.00). (d) At any time following the filing of the application before the member’s board, the member has received from either the applicant or the property owner a gift valued at any amount. (e) The member is the owner of record of real property situated within 100 feet of the property that is the subject of the filed application. (f) Any member of the member’s family is presently employed by either the applicant or the property owner named in the application. (g) The member is an officer of a financial institution that will be financing, in whole or in part, the project that is the subject of the application. 2. Required disclosure. An appointed member of a land use board shall publicly disclose on the official record at an open meeting any of the following: (a) That during the twelve (12) months preceding the filing of the application before the member’s board, the member was employed, with or without compensation, by any agent representing the applicant or assisting in the application. (b) Any ex parte communication between the member and an applicant who has an application before the member’s board, and/or an applicant’s representative, and/or any interested party. The member shall disclose who he or she communicated with and the substance of what was communicated. (c) That the member is the owner of record of real property situated within 500 feet of the property that is the subject of the application. (d) That the member is an officer or board member of any organization that has submitted or will submit comments or input on the application. (e) That the member has a close personal relationship with the applicant or the property owner named in the application. 3. Recommended standards (a) Public comments and statements to news media should be communicated by board chairs or by City staff. Such comments should be as brief and limited as possible. Former land use board members should not accept employment with applicants who have appeared before their boards within twelve (12) months after the member’s departure. Ayes – All Discussion and Vote: Amend Chapter 118 of the City Code (17-220) Commissioner Mathiesen moved and Commissioner Franck seconded to amend chapter 118 of the City Code. Ayes - All Discussion and Vote: Authorization to Reimburse for Tolls (17-221) Commissioner Mathiesen advised this reimbursement is for tolls for several days for first line supervisor training. The voucher was not submitted within the required 30 days of the last day of travel, therefore, now requires Council approval to pay. Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the reimbursement for tolls in the amount of $98.39. Ayes - All Page 13 of 14 City Council Meeting 7/5/17 Discussion: Short Term Rentals Vince DeLeonardis, city attorney, advised John Daly, legal intern, put together information on short term rentals. This deals with short term rentals along the lines of Airbnb. New York State Building Code states rentals shorter than 30 days are not lawful if it does not meet some of the requirements in our code. Section 136 of our code outlines where some of the rentals are allowed. We don’t have code that fits to the Airbnb type rentals. John Daley, legal intern, stated they are trying to create a new class of home rentals under 30 days. They hope to create enforcement mechanism to keep people safe and be able to regulate the number of these properties and where they are located. There will be a seasonal license. They don’t want to put the tradition of the track rentals out of commission. Announcement: Susan Moorehouse Crosswalk Dedication Commissioner Mathiesen stated Susan was a crossing guard for 17 years until her death last year at the age of 94. SUPERVISORS Matt Veitch Saratoga County Employment and Training Department Update Supervisor Veitch reported this department has the Saratoga One Stop Center for workforce services. They provide professional assistance, job referrals, career guidance, interview workshops, and education and training grants for job seekers. They will also post job openings for businesses. th There will be a restaurant group job fair on July 11 from 9 a.m. – noon. Supervisor Veitch advised the rabies clinic is happening again this year at the 4H Training Center. Peter Martin County/Municipal Shared Services Panel Supervisor Martin reported the County has proposed 2 initiatives of shared services. One is a retiree health consortium and the other is competitive bidding for the purchase of office supplies. ADJOURNMENT There being no further business, Mayor Yepsen adjourned the meeting at 10:48 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/18/17 Vote: 5 - 0 Page 14 of 14