City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK WEDNESDAY, JULY 5, 2000 CITY COUNCIL ROOM 6:40 P.M. PRESENT: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts ALSO PRESENT: Phillip Klein, Board of Supervisors Representative Anthony Scirocco, Board of Supervisors Representative STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts Bob King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney PUBLIC HEARINGS Speed Limit - Ingersoll Road Tony Izzo, Assistant City Attorney, said this ordinance had been drafted in order to reduce the speed limit along Ingersoll Road. Commissioner Thomas Curley said because of road conditions and site distance, this reduction was warranted. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Community Development Block Grant 2000 - Consolidated Plan Brad Birge, Community Development Coordinator, said this is a five-year strategic plan which will be submitted to Housing and Urban Development once adopted by the City. He said this plan gives priorities and investment strategies of the City's needs for the next five years. Richard Ferguson, Chair of the CDBG Consolidated Plan committee, said this committee consisted of 15 individuals who spent many hours working on this plan. He said public hearings were held with much community input. Brad Birge reminded Council members that this document is available for public review until July 18. He said he hoped the Council would taken action on this document on July 18. Mayor Kenneth Klotz asked if this document could be modified within the next five years. Brad Birge said yes. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. Agenda Order Mayor Kenneth Klotz said he had reviewed the request made by Commissioner Thomas Curley concerning the agenda order. He said after looking over the agendas since the beginning of the year in reference to presentations, his office has had more than any other office. He said if the agenda was done on a rotating basis, he felt it might lead to confusion on the public's part. He said he would like to use the approach that had been used in the past on presentations in that any Commissioner could request a presentation from their agenda be moved to the beginning of the meeting. He said that worked in the past and it seemed like a good solution. Commissioner Thomas Curley thanked Mayor Kenneth Klotz for looking into this issue. Appointments (00-153) Mayor Kenneth Klotz announced the following appointments: Phil Brehm, Community Renewal Committee; Joy King, Recreation Commission; Sister Charla Commins, Housing Authority; Susan Davis, Design Review Commission; and Harvey Fox, Mia Mouzon, Margie VanMeter, Rita Balmuth, Mark Lawton, Lee Nelson, Lew Benton, Denis Polit, Elio Del-Sette, Chris Whann, and Vassar Curtis, Charter Review Commission. Comprehensive Plan Review Committee - Report Jeffrey Pfeil, Chair Comprehensive Plan Review Committee, said this committee has met many times with much public participation. He said they have begun to focus on: 1) recommending amendments to the 1999 Comprehensive Plan and 2) a work program for the fall. He said the proposed amendments to the plan will be distributed to Council members in the near future. He said public hearings will also be held. Waive of Bid - Digitizing Tablet Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to waive the bid to DLT Solutions for a digitizing tablet in the amount of $1,291. He said the funds were available within the Engineering Department budget. Ayes all. Spring Run Trail - Report Mayor Kenneth Klotz reported that he had been meeting with many people over the last few months on the Spring Run Trail and the Niagara Mohawk cleanup at the Excelsior Avenue Ice Rink area. He said the Spring Run Trail is proposed to run from Excelsior Avenue to the Northway. He said there is an opportunity to apply for a grant for up to 50 percent of the cost for this trail. He said they have been trying to get Niagara Mohawk to commit to the City's match for this grant. He said once the details could be worked out, he would return to the Council to make a request for approval for this grant. Youth Week Activities Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the agreement with the County for a $4,000 grant for youth week activities. He said this $4,000 would cover most of the expenses and the remainder is budgeted. Ayes all. Sear-Brown Contract - Traffic Signals (00-152) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with Sear Brown for 21 traffic signals in the amount of $86,000. Commissioner Thomas Curley asked about the time frame. Paul Male, City Engineer, said that equipment needed to be ordered and that requires a four-month lead time. He said they would begin the work this year and hoped to finish it before track season next year. Ayes all. Eckhardt Lawsuit Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the payment of $2,489.73 to Ed Fink, Esq. in connection with the Eckhardt lawsuit. Ayes all. Brookside Challenge Cup Mayor Kenneth Klotz reported that the City had won the ball game between the City and the Village of Ballston Spa. He said a fun time was had by all. He reminded everyone that another charity game would be held on July 31 against the jockeys. Shelter Grant Mayor Kenneth Klotz reported that the Shelters of Saratoga had recently received a grant in the amount of $400,000 to be used for the rehabilitation of up to 20 owner-occupied homes on the west side. He said the Community Renewal Committee would take an active interest in how this money is spent. Grand Avenue Guide Rails Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to confirm the previous approval by memo for the repair work on the guide rails to Chemung Supply Company in the amount of $52,437.12. It was noted there is only $50,000 in the contingency fund, therefore, the remainder should come from the fund balance. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded that the amount necessary for these repairs come from the DPW budget. Commissioner Michael Lenz distributed information which showed that $50,000 had been given to DPW for this repair work. He said it had been discussed on November 10, 16 and 23. He said it was clear that $50,000 had been given to DPW for this work. Mayor Kenneth Klotz said this discussion had gone on long enough. He said Commissioner Thomas McTygue had never agreed that the $50,000 had been included in his budget for this work. Commissioner Thomas McTygue said there was no line item in his budget for this work. He said he thought there were funds available in the capital budget. Mayor Kenneth Klotz asked what was the actual cost of repairs. Paul Male said $52,437.12. Commissioner Michael Lenz said there was only $50,000 available in contingency. Mayor Kenneth Klotz said the remainder should come from the fund balance. Amended Motion: Commissioner Bernard Mirling: nay Commissioner Michael Lenz: aye Commissioner Thomas McTygue nay Commissioner Thomas Curley aye Mayor Klotz nay Amended motion denied. Original motion: Commissioner Bernard Mirling aye Commissioner Michael Lenz nay Commissioner Thomas McTygue aye Commissioner Thomas Curley nay Mayor Kenneth Klotz aye Motion approved. Proclamation - Solomon Northup Day (00-154) Mayor Kenneth Klotz announced that July 22, 2000 would be declared Solomon Northup Day and he would prepare a proclamation. Tobacco Funds - Discussion Mayor Kenneth Klotz said there have been some discussions at the County Board of Supervisors concerning the possibility of selling the County's interest in the tobacco settlement. He said the County is concerning the possibility of selling the County's interest in the tobacco settlement. He said the County is looking a bonding this amount and taking a lump sum payment. Mayor Kenneth Klotz said it was his understanding that these proceeds could be used for projects related to community health such as recreation and open space projects. He said he would like to keep informed of what was happening on this issue and asked that Supervisor Phil Klein give a brief report. Phil Klein said the Board of Supervisors has spent a considerable amount of time reviewing this information. He said there is an agreement made by the State Attorney General's Office and the tobacco companies that counties throughout New York would be reimbursed their medicaid expenses related to smoking. He said payments have begun to be made by the tobacco companies to the counties, New York City and the state. He said Saratoga County is scheduled to receive approximately $5 million per year. He said this amount would go to the general fund of the county's budget to be used for capital expenditures as well to stabilize the tax rate. Mayor Kenneth Klotz asked if this money was budgeted as a revenue. Phil Klein said it was budgeted as a revenue but not an expense. Phil Klein said the County's Law and Finance Committee has been looking at the possibility of bonding this money. He pointed out that these funds go on forever, however, for bonding purposes they are using 30 years. He said there would be a public meeting held on July 18 at 3:45 p.m. on this issue. He reminded Council members that the County has some rather large capital projects including the county wide emergency radio system with a total cost of between $13 and $15 million. He said they are also looking a the possibility of the expansion of Maplewood Manor as well as expanding services of the Public Health Nursing Office. Mayor Kenneth Klotz asked if the county had appropriate uses for this money. Phil Klein said yes. He said they Law and Finance Committee would be reviewing all of the necessary information and they hoped to make a recommendation to the full Board by August 1. Mayor Kenneth Klotz asked about the possibility of the City receiving any of these funds. Phil Klein reminded Council members that it was the County that was paying the medicaid costs over the years. Phil Klein said the issue of giving some of this money to the City had not been discussed and he did not know if it would be considered. He reminded Council members that the County recently gave the City $854,000 which was a one time offer. He said he had no way of knowing at this time whether the County would offer such funds again to the City. Mayor Kenneth Klotz asked how Council members could keep themselves informed on this issue. Phil Klein said he had some information that he would be willing to share. He reminded Council members that a recommendation would be made on August 1 to the full Board. He explained that if the County chose to bond this amount, Saratoga County would link with other counties, therefore, the bond rating would be affected by other counties bonding capabilities. He said it is his understanding that there are four counties that wish to take part in the first waive of bonding. Phil Klein said this is an issue that needs a lot of thought because there is the possibility that the County could give up more than $70 million over the next 30 years. He said there is some risk involved. Mayor Kenneth Klotz thanked Phil Klein for this information. Saratoga Prevention Coalition Phone Survey Mayor Kenneth Klotz announced that a telephone survey would be held on July 11, 12 & 13 between 6:00 p.m. and 9:00 p.m. on identifying the needs of the youth in this community. Discussion - Station Lane Improvements Mayor Kenneth Klotz said CDTA has requested that the City consider funding ($35,000) a small portion of the overall cost ($400,000) of improvements to be made at Station Lane. Mayor Kenneth Klotz said he was reluctant at this point to commit to any funds. He said he was hoping that perhaps this amount could be included in the 2001 capital budget. ACCOUNTS DEPARTMENT Approval of June 20 City Council meeting minutes Approval of June 20 City Council meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the June 20 City Council meeting minutes. Ayes all. Waive of Bid - General Codes Commissioner Bernard Mirling said his office recently received a proposal from General Codes to place the City Code on the WEB. He said by placing the City Code on the WEB, it would reduce the amount of hard copies printed, thereby reducing that cost. This also allows for instant access by anyone with a computer to the City Code. He said the initial set up cost is $1,950 with a yearly maintenance fee of $900. Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to waive the bid to General Codes in the amount of $2,850 to place the City Code on the WEB. Ayes all. He then informed Council members that because General Codes no longer does our Zoning Ordinance (we do it in house), his staff will, over the next few months, place the ordinance on the City Hall WEB page. He said there would be no cost to the City to do that work. Approval for Mayor to accept SARA Grants Upon the recommendation of the Records Department, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for authorization for the Mayor to sign and accept two local government records management improvement fund grant awards in the amount of $22,382. He said these are fully funded non-matching competitive grants for the following: 1) environmental controls in the City Clerk's vault; and 2) replacement of file cabinets with lateral shelving in the Building Inspector's office. He said this brings the total amount of Records Management grants received by the City to $161,017. Ayes all. Award of Bid - Fence Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid to AFSCO Fence for a fence at the West Side Recreation Field in the amount of $8,400. Ayes all. Commissioner of Deeds Commissioner Bernard Mirling announced the appointment of Louise Kilbara as a Commissioner of Deeds with a term of two years. Price Chopper - Assessment (00-155) Gary Hobbs, attorney representing the City, said it appears a settlement had been reached involving the years 1991 through 2000 with a potential impact to the City/School/County of $1.5 million. He said a good settlement had been reached and the cost to the City is $26,000 plus legal fees. He said if this case had gone to trial, it could have potentially cost the City close to $26,000 to defend. He said it would have been difficult to defend the early years of this case because of lack of justification for assessment figures from 1991-1994. He said it was his understanding that the school board recently accepted this proposed settlement. Gary Hobbs said both the City and Golub have agreed to an assessed figure of $11.5 million. He further explained that in this settlement the City would not reassess and Golub would not challenge this figure for the next three years. Commissioner Thomas Curley asked if this settlement was for 1991-2000. Gary Hobbs said yes. He clarified that the City's total share was $26,000. Gary Hobbs said yes, except for the legal fees which were about $5,000. Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to accept the settlement with Golub as stated by Gary Hobbs. Ayes all. FINANCE OFFICE Payroll Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the following payrolls: June 23, 2000 - $286,858.55 and June 30, 2000 - $284,361.29 Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and payment of the 1JUL20 warrant #2 through #27 as follows: General Fund $ 240,728.94 City Center Authority 3,481.08 Water Fund 26,145.21 Sewer Fund 4,671.21 Capital Projects Fund 347.50 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 31,236.48 TOTAL $ 306,610.42 and the MC200628 warrant #2 - #6 as follows: General Fund $1,101,422.32 City Center Authority 14,356.96 Water Fund 281.63 Sewer Fund 380,770.39 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $1,496,831.30 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment B). Ayes all. May 30, 2000 Financial Report Commissioner Michael Lenz distributed the May 31, 2000, Financial Report. He said the City should be at about 42 percent for expenditures and we are currently at approximately 36 percent. Report - City Owned Property Commissioner Michael Lenz reported that he had recently asked Geoff Bornemann to compile a list of City owned parcels so that an inventory of those parcels could be done. He said the last inventory was done in 1987/1988. He said ideally, perhaps some of the smaller parcels could be sold to adjacent property owners.  Geoff Bornemann said there are currently 115 City owned parcels. He said of the 115 parcels, 81 could not be disposed of because they include buildings such as City Hall, fire house, ice rinks, DPW/DPS garages, etc. He said the remaining 34 parcels are generally very small. He said some of the larger parcels from the 34 are likely not developable, however, there are some that could be disposed of. Commissioner Michael Lenz said this inventory would simply allow the City to clear up its tax rolls. He said perhaps an auction could be held for some of the parcels. Mayor Kenneth Klotz suggested that perhaps adjacent property owners might want to purchase some of the smaller parcels. He said perhaps some of the "pocket parks" could be developed. Commissioner Thomas Curley asked about restrictions of use on the old landfill. Joe O'Neill, Director Utilities Department, said the capped landfill is tightly regulated by DEC. He said there are only a very few uses that could take place on that land. Commissioner Thomas McTygue said he would like to have a date set for the sale of the parcel at the corner of Henning Road and Fifth Avenue. Paul Male said although the configuration of the lot is irregular, it is buildable. He said it is approximately 25,000 square feet in size. Executive Session Commissioner Michael Lenz requested an executive session to discuss litigation issues concerning the City Center. Council members agreed. DEPARTMENT OF PUBLIC WORKS Paving Commissioner Thomas McTygue announced the milling and paving of North Broadway and Seward Street. July 4th Family Fun Day Commissioner Thomas McTygue said the July 4th Family Fun day was a very successful event for the City. He said there was a record crowd and there were no incidents. Commissioner Michael Lenz said he would in the very near future acknowledge the local businesses that contributed to this event. Appointments (00-156) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded the appointment of Joy Karam to a Senior Clerk, Grade 6, Step 1 effective July 10, 2000; the provisional appointment of Lisa Nolan to Senior Account Clerk-Typist at Grade 7, Step 1, effective July 10, 2000; and to move Lois Scarangelo to Grade 2, Step 9, effective July 10, 2000. Ayes all. Waive of Bid - Davis Valve Company Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to waive the bid to Davis Valve Company for a hydrant in the amount of $1,850. He said the amount was budgeted in the water budget. Ayes all. Waive of Bid - A.J. Vel Company Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to A.J. Vel Company for the rental of a trench box in the amount of $1,269/month. He said the money was in the water budget. Ayes all. Waive of Bid - Fred Bull Waive of Bid - Fred Bull Commissioner Thomas McTygue withdrew this item from discussion. Waive of Bid - ADT Security Systems Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo for the security system in Congress Park from ADT Security Systems in the amount of $2,575. Ayes all. Waive of Bid - Carvin Corporation Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Carvin Corporation in the amount of $5,246.50 for a portable sound system. Ayes all. Washington Street Drainage (00-157) Commissioner Thomas McTygue said he would like the Council to approve completion of this project. He reminded Council members that a major portion of this project had already been completed and this project would complete the trunk line to Bensonhurst Street. He said it would also allow for six homes to hook into the sanitary sewer system. He said the initial projected cost for this project was close to $500,000, however, the low bidder came in at $366,344. He said this is a good project and it needs to be completed. Commissioner Thomas McTygue suggested that the funds that were saved on the West Avenue project should be used to fund this project. Commissioner Thomas McTygue asked for the Council's support. He said the West Side Neighborhood Association supports this project. He pointed out that there are time constraints that must be dealt with so there was some urgency in approving this request. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the Washington Street Drainage project. Mayor Kenneth Klotz said there is a lot of interest on the use of the surplus. He said he understood that this particular project was at the top of Commissioner Thomas McTygue's list; therefore, if there was a capital budget this year, this project would have likely been funded. He said there has been some funds freed up in the capital budget and because this is such an important project and the funds are available, he would support this request. Commissioner Michael Lenz explained to Council members that when adopting the budget, the Finance Department used the figures available to them at that time. He said at that time $1.6 million was used for the cost of West Avenue. He said though, when bonding the amount they used the revised figure of $1.2 million. He said the debt service payment was calculated at $174,000, but in actuality is $124,000. He said typically what happens is that the $50,000 would be used in calculations for next years budget. Commissioner Michael Lenz said he was very concerned in the manner in which this request was being handled. He said there was a moratorium on capital projects this year because of the debt limit. Commissioner Michael Lenz said when projecting the 2000 budget, he had no way of knowing the City would spend $1 million less than anticipated. He said there was also the settlement of the Saratoga Harness Track litigation which could not have been predicted. Commissioner Michael Lenz said there are many large projects that need to be funded, but he said they need to be funded in a comprehensive manner. He said by approving this request, it would be funded in the 2001 capital register. He said this sets a precedent in piece mealing these projects and funding of these projects. He suggested this motion be tabled to allow the Council to look at the whole picture. He said the Council needs a comprehensive, long term plan. Mayor Kenneth Klotz said he would like to see this project funded. Commissioner Thomas McTygue said this project has been on the table for more than ten years. He said there is much support throughout the community for this project. He asked that the Council approve this motion. motion. Commissioner Bernard Mirling said this is an important project. He said though he was concerned at previous City Council's lack of planning and he did not want to continue that lack of planning. He said the low bidder had been identified, there are time constraints and it is an important project and for those reasons he would support this project. Commissioner Michael Lenz asked Council members from where should the funding come. Mayor Kenneth Klotz suggested that perhaps short term notes could be used and the funding then come from the 2001 capital budget. He said perhaps the unused funds from the West Avenue project could be used. Commissioner Michael Lenz said this was not a comprehensive approach in long term planning. Commissioner Bernard Mirling said he too would like some long term planning. Mayor Kenneth Klotz said he was committed to long term planning and in October would present a plan. Commissioner Thomas Curley said he realized this project had been around for a while, and he too had important projects that needed to be funded. He said he needs repairs to the aerial ladder truck and he needs additional vehicles and he hoped that the Council would approve his requests. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to clarify the motion to award the bid to August Bohl Contracting in the amount of $366,433 for the Washington Street drainage project. Ayes: four; Nays: one (Commissioner Michael Lenz). Motion carried. DEPARTMENT OF PUBLIC SAFETY Status of properties at corner of Routes 50 & 9 (00-158) Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded that the City condemn the parcel at the intersection of Route 50 (gas station) and that the City take possession of that parcel. He said this parcel could be used in the City's street system to make that intersection easier to navigate. He said the Council has been discussing this issue for quite some time and he would like to take action. Mayor Kenneth Klotz said there appears to be some contamination at this parcel and he was concerned that if the City took possession, the City would then take responsibility. Commissioner Thomas Curley said it was his understanding that the originator of the problem was the responsible party. Mayor Kenneth Klotz said he would like clarification on that issue before approving this motion. Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to table this motion to the next meeting for clarification from DEC on who is responsible for cleanup. Ayes all. Authorization for Mayor to Sign NYRA Fire Protection Agreement (00-159) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the NYRA Fire Protection Agreement for fire protection services at the track during the meeting in the amount of $40,080.76. He noted that the entire cost would be paid by NYRA. Ayes all. Vote to Change Speed Limit on Ingersoll Road (00-160) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the 30-mph speed limit on Ingersoll Road as presented. Ayes all. Waive of Bid C Fire Department Network Inclusion Project Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to waive the bid to Time Warner not to exceed $1,300 for the Fire Department Network Inclusion Project. Commissioner Thomas Curley said this would allow for centralization of the dispatching unit. Jason Tetu said this allows for all of the dispatchers to be located in the police department but also allows for instant access to the fire department for administrative assistance. He said computer links to both the Lake Avenue and West Avenue fire stations would be provided through this approval. He said there is a recurring $1,600 cost per year for this service, however, this is a cost effective solution to this problem. Commissioner Thomas Curley said the money was available in his budget. Commissioner Thomas Curley said the money was available in his budget. Ayes all. Waive of Bid - Fire Department Dress Uniform Commissioner Thomas Curley removed this item from discussion. Executive Session Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn to executive session at 8:55 p.m. Ayes all. Council members returned at 9:10 p.m. Mayor Kenneth Klotz reported that no action was taken. ADJOURNMENT Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 9:10 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:10 p.m. Respectfully submitted, Kathy Moran Approved: Clerk