City Council

CITY COUNCIL SPECIAL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, AUGUST 8, 2000 CITY COUNCIL ROOM 7:00 P.M. PRESENT: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts 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 CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. with the Pledge of Allegiance. WASHINGTON STREET DRAINAGE - EASEMENTS (00-172) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to confirm the recent approval by memo for an easement to allow Geyser Road School to tie into the City=s sewer system and the transfer of a small piece of property near the Division Street School to the City School District. He said also included are agreements authorizing the City to obtain easements on school property for the purposes of construction of this drainage. Commissioner Michael Lenz said the parcel numbers as described in the memo are different that what are on the map and asked which was correct. Jeffrey Wait said the map was submitted for the purposes of illustration but the numbers could have been wrong on the maps. He said the numbers were correct in the memo/agreement. It was agreed that this motion was subject to the clarification of those numbers. Ayes all. COMPREHENSIVE BUDGET PROPOSAL (00-173) Mayor Kenneth Klotz said they were here to discuss the comprehensive budget proposal which had Page 1 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 been previously distributed. He said Commissioner Michael Lenz requested that his plan be included for discussion. Commissioner Michael Lenz asked if the Council would be voting on this comprehensive budget this evening. Mayor Kenneth Klotz said yes. Commissioner Michael Lenz asked if this included the 2000 General Fund budget. Mayor Kenneth Klotz said yes. Commissioner Michael Lenz said according to the City=s charter, the Finance Commissioner acts as the budget chairperson and according to section C-89 it is the budget chairperson=s responsibility to oversee all meetings relating to the preparation, completion and adoption of the City budget. He said since the Mayor is proposing that action be taken on the City budget, he asked if it was legal to review the budget under the Mayor=s agenda. Jeffrey Wait said he was not prepared to make a decision at this time. Mayor Kenneth Klotz said that particular description in the charter refers to the budget discussions that were held last November. He said the general fund budget is prepared by the Finance Commissioner and the Capital budget is prepared by the Mayor=s office. He pointed out that the Mayor has the authority to oversee the operation of all departments. Commissioner Michael Lenz disagreed and said he would not support any motion this evening because he was not sure the procedure of this meeting was legal. Commissioner Thomas McTygue said Commissioner Michael Lenz would either need to excuse himself from the meeting or vote. He further pointed out that the Mayor has complete oversight over all City departments. Commissioner Michael Lenz questioned whether the Mayor had complete oversight over all departments. Jeff Wait said that he would review the charter on these issues Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the City Council approve his comprehensive budget proposal as submitted. Mayor Kenneth Klotz then reviewed his budget proposal (Attachment A). He said most of the major discussion and decisions would be deferred to budget time in October/November. He said though that he would like to earmark $100,000 for open space purposes for strategic land purchases. He said he also proposed to replenish the contingency fund and for the commitment for a commitment in the 2001 capital budget for a pumper fire truck. He said the specifications could be prepared now if the Council approved his proposal this evening. He said an aerial ladder truck will also be needed in a few years. He said there are some minor requests from the Department of Page 2 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 Public Works for the 2001/2002 capital budget. He also noted that there were some requests at the June 27 meeting that should also be considered. He said in October/November a capital register will be presented. Commissioner Thomas Curley asked if the traffic vehicles could be addressed this evening. Mayor Kenneth Klotz said they were included. Commissioner Michael Lenz said the Mayor=s proposal includes $655,000 for encumbrances but did not include the $187,373 that has been adopted in this year=s in budget amendments. He said the $1.4 million that Mayor Kenneth Klotz said would remain was really closer to $1.3 million. Mayor Kenneth Klotz said he would discuss that issue with the Finance Department to obtain the latest figures. Commissioner Michael Lenz said his plan (Attachment B) proposes to: 1) stabilization of tax increases, 2) maintain appropriate surplus, and 3) reduce and manage our City=s long term and short term debt. He said the City has managed to eliminate its short term debt and is trying to operate within the confines of the Connolly plan on the long term debt. He said his plan involves utilizing a portion of the surplus to fund capital improvement projects for the fire house, City jail, City Hall and the City garage. He said his plan also provides for equipment and recreational needs and the purchase of land for truck inspections. Commissioner Michael Lenz said specifically he was proposing the following: $1.5 million to stabilize taxes ($750,000 in 2001 and $750,000 in 2002); 2) maintain a $1.5 million surplus; 3) capital project bonding plan (during 2002-2006, bond no more than the amount of principal payments made on outstanding bonds in the previous year); and 4) establish a capital reserve fund to fund the above noted projects. He said of the $4.9 million that we started with $4,073,000 remains and minus $1.5 for surplus maintenance there remains $2.57 million for use in future years. He said that if $1.5 million is used to stabile taxes over the next two years that would leave $1 million. He then listed specific capital needs submitted by the departments which total $1 million. Commissioner Michael Lenz said as of December 31, 2000, the City will have available $2 million available to bond. He said by the end of 2001 the City will have available, if we do not bond any more projects, $2.6 million. He then recommended that each year the City bond no more than the principal payments made from the previous year. He said this would allow the City to bond without any tax implications. He said that would allow for $645,000 each year for the next five years to put be towards the bonding of capital budgets. Commissioner Michael Lenz strongly encouraged the Council to set up a capital reserve fund. Mayor Kenneth Klotz said one of the differences between his plan and Commissioner Michael Lenz is that Commissioner Michael Lenz=s plan is more long term. He said he would review Commissioner Michael Lenz=s plan when developing the capital register in the fall. Page 3 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 Commissioner Michael Lenz asked Jeffrey Wait what the line of separation is for a municipality giving money to a religious organization. Mayor Kenneth Klotz said the Baptist church is working with the Saratoga Springs Preservation Foundation to set up a not-for-profit corporation that would control the site, make decisions about repairs and also be legally able to raise money. He said the City would not transfer these funds until that not-for-profit organization is established. Commissioner Michael Lenz asked if it was legal for the City to give these funds to this organization. Jeffrey Wait said he had not yet reviewed the agreement but it was his understanding this could be done. Jeffrey Pfeil, from the audience, said this would be a new corporation that would be established and the Saratoga Springs Preservation Foundation would oversee its operations. Commissioner Michael Lenz asked if these funds could be used for another purpose by the Saratoga Springs Preservation Foundation or would they be designated only for the Baptist Church. Jeffrey Pfeil said it would be for the church only. He said this building was formerly the Universal Baptist Church. He said these funds are for the building and not for the religious organization. Commissioner Michael Lenz asked if the church function still exists. Jeffrey Pfeil said yes, however, they are meeting at another location at this time. Commissioner Michael Lenz asked if when the work is completed, would the church return to this location. Jeffrey Pfeil said they would share ownership but they will not own the building. He said the building would be owned by the not- for-profit. Commissioner Michael Lenz asked what would preclude another religious organization from coming to the City to request funds. He wondered whether the City was moving into an area that it should not. Jeffrey Pfeil said this is a unique situation. He said the City condemned the building and this would be seed money for them to use while other organizations raise money. Mayor Kenneth Klotz said this is a building of historical significance. Jeffrey Wait said there was a precedent. He said the City had given funds to the church in the past. Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to amend the Mayor=s proposal to include $25,000 for the development of a comprehensive citywide multi-use trail plan that integrates existing pedestrian, road and open space systems and provides critical linkages. The Open Space Project would manage this planning effort that will require contracting for professional planning services and the production of public outreach events. Mayor Kenneth Klotz said there have been many meetings with the Open Space Project representatives on the City=s plan for open space and he said he would support this proposal. Ayes: four; Nays: one (Commissioner Michael Lenz). Amendment to the motion carried. Page 4 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 Commissioner Michael Lenz asked if there was a decision from the City Attorney on his questions relating to procedure. Jeffrey Wait said, when present, the Commissioners and Mayor shall vote on all matters brought before them according to the charter. He also said the Commissioner of Finance is defined as the budget chairperson in the charter. He said the charter does state that the budget chairperson shall oversee all meetings relating to the preparation of the City budget. He said the question was how to define this meeting. He said if this meeting relates to the preparation, completion and adoption of the City budget than arguably the oversight of the meeting should fall to the Commissioner of Finance. Mayor Kenneth Klotz said that statement in the charter reviews to the budget discussions that took place last fall. He said this is a discussion on budget amendments. Jeffrey Wait said it is simply a matter of how the Council wants to define this meeting. He said at this time he did not have an opinion. Commissioner Thomas McTygue said he felt that the Council was acting properly. Jeffrey Wait said the charter provides for the Mayor to have the general oversight. Commissioner Michael Lenz said, absent a legal opinion from the City Attorney, his only option was to excuse himself and/or vote. Jeffrey Wait said he was not exactly sure that it was inappropriate or illegal to have this meeting. Mayor Kenneth Klotz said it appears that there are no legal grounds that there is anything illegal and/or improper happening this evening. Jeffrey Wait said it depends on how the Council defines this meeting. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to amend the motion to include an additional $20,000 for the purchase of scales for truck enforcement. Commissioner Michael Lenz said he did not support this amended motion because of his previous stated concerns, however, he further noted that there were funds available in the budget for this purpose. Ayes: four; Nays: one (Commissioner Michael Lenz). Amended motion approved. Original motion: Ayes: four; Nays: one (Commissioner Michael Lenz). Motion carried. OPEN SPACE GRANT TO PURCHASE RAMSDILL PARCEL (00-174) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded the following resolution: Resolved, that Geoff Bornemann, City Planner of the City of Saratoga Springs, New York, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with Page 5 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 the provisions of Title IX of the Environmental Protection Act of 1993 and/or Title III of the Clean Water/Clean Air Act in an amount not to exceed $150,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Saratoga Springs for purchase of Ramsdill Park. Commissioner Michael Lenz asked if there was match involved. Mayor Kenneth Klotz said this money would be leveraged into a great amount for this project. Alayne Ball, Open Space Project representative, said this is a proposal for funding for critical open space acquisition projects throughout the City. She said this was a subdivision application for a parcel on Kaydeross Avenue and Crescent. She said this is a key open space area and they wish to pursue its acquisition. She said this money could be leverage at least that much more from the state and private resources will be used. She said $100,000 will go one third of the way. Commissioner Michael Lenz clarified that Open Space would apply for a grant. Alyane Ball said yes. He asked exactly what was the City=s involvement and was a match required. Alayne Ball said the only thing the Council would do this evening if approving the resolution is to set aside $100,000 for open space purposes. She said how the money is spent maybe determined at a later time. She said the applications are due August 31 and if passed by the Council this evening, it would be submitted and they would very likely obtain a 50 percent match from the state. She said she hoped to come back with a more thorough proposal at a later time. She said there have been no discussions with Mr. Ramsdill at this time. Mayor Kenneth Klotz said that at this stage there is no commitment of City funds until the other pieces fall into place. Commissioner Michael Lenz asked if when Open Space applies for this grant, are they required to show they have an amount set aside. Alayne Ball said yes. Alayne Ball said the City would actually be the applicant and in that application the City would show that the City has committed $100,000 towards this project. Commissioner Thomas Curley asked if the City would be the entity that would oversee this project. Mayor Kenneth Klotz said according to the bond act the money must be funneled through the City. Commissioner Thomas Curley asked if the City was really putting the matching funds up first. Alayne Balls said yes. Ayes: three; Nays: two (Commissioner Michael Lenz and Thomas Curley). Motion carried. Commissioner Thomas McTygue said that based on previous experience, the pumper fire truck could take as long as two years to acquire. Chief Cogan, from the audience, said the specifications could Page 6 of 7 City of Saratoga Springs Special City Council Meeting Minutes Tuesday, August 8, 2000 be written within the next six weeks and there could be an eight-month minimum lead time. Mayor Kenneth Klotz encouraged the fire department to prepare those specifications. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 8:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:00 p.m. Respectfully submitted, Carol Kennedy Approved: Deputy Commissioner Page 7 of 7