City Council
Regular MeetingSaratoga Springs, NY · August 15, 2000
Minutes
CITY COUNCIL MEETING
CITY OF SARATOGA SPRINGS, NEW YORK
TUESDAY, AUGUST 15, 2000
CITY COUNCIL ROOM
7:00 P.M.
PRESENT: Thomas Curley, Commissioner, Public Safety
Kenneth Klotz, Mayor
Michael Lenz, Commissioner, Finance
Bernard Mirling, Commissioner, Accounts
ABSENT: Thomas McTygue, Commissioner, Public Works
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
MAYOR=S OFFICE
Greetings from Australia
Margie Ward, from Australia, said she was in the area to attend the National Women’s Writing
Council. She said she simply wished to extend greetings from Queensland, Australia. She offered
a gift of rum, made in her hometown, to Council members.
City Worker Certificates of Appreciation
Mayor Kenneth Klotz announced that certificates of appreciation had been received from NYCOM
for employees in the City with more than 25 years of service. Those employees include: Thomas
McTygue; James Reilly; William O’Donnell; Kenneth King; Michael Salisbury; Fred Brown, Michael
Carpenter, Clyde Robinson; Robert Flanagan; Timothy Cogan; Henry Smith; Jack Dejnozka; John
Gailor; William O’Reilly; Russell Terpening; John Arpei; Janet Woodcock; Gary Simzer; Thomas
Butterfield; John King; John Shaw; Michael Ogonowski; Anthony Fisher; Robert Wilson; William
Crandall; Francis Murphy; David Hammond; Ed Robinson; Larry Bovee; Keith DeGrechie; Robert
Speers; Greg Benton; Joseph Jazwinski; Dwight Gill and James Linn. Mayor Kenneth Klotz
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congratulated these employees.
Approve Extension for EOC Use of CDBG Funds
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to extend the use of CDBG
funds for EOC for the project at 20 Walworth Street. He said this extension would be through
December 31, 2000, and no additional funds are involved. Ayes all.
Approve $25 Late Fee for Recreation Programs Registration
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the request
from the Recreation Department to institute a $25 late fee for registration purposes. Ayes all.
Approve Advantage Press Economic Development Loan Application
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the application
from Advantage Press for funds from the Economic Development Revolving Loan Program in the
amount of $58,000 at 6 percent fixed rate with a term of 20 years.
Commissioner Thomas Curley asked why the Council was approving such a request. Brad Birge,
Community Development Coordinator, said the revolving loan fund has money available in that fund
for this purpose. He said the Council must approve such requests.
Ayes all.
Discussion B Tobacco Bonds
Phil Klein, City’s representative to the County Board of Supervisors, said both he and Skip Scirocco
attended the County Board of Supervisors meeting today and the vote was 20 to 3 to not
securitize the tobacco funds. He said the Board did not shut the door completely on securitization,
however, at this time it will not happen. He said this issue could be revisited in a few years.
Mayor Kenneth Klotz said he was disappointed. He said this was a good opportunity for the County
to share this revenue with the towns and cities. He said he was glad to hear that the issue might
be revisited though. He said the City has a number of capital improvement projects that could have
been funded with this money.
Phil Klein said he understood that the City has capital projects that need to be funded, however,
pointed out that almost every city and town has projects that need to be funded. He said both the
City and the County have the lowest tax rates in the state which was achieved in part to good
budgetary practices. He also noted that both the City and the County have surpluses available to
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them.
Mayor Kenneth Klotz encouraged the county supervisors to continue to advocate for the City at the
County Board of Supervisor meetings.
Loughberry Lake Moratorium
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to send to both the City
and the County Planning Boards proposed Local Law #4 B 2000 (an extension of Local Law #3) and
to set a public hearing on Tuesday, September 19 at 6:45 p.m.
Commissioner Bernard Mirling said he would like to get a copy of the Barton & Loguidice report
which was recently completed on this project.
Commissioner Michael Lenz asked why an extension of local law #3 was needed. Mayor Kenneth
Klotz said the City had given itself six months to make the modification to the zoning ordinance but
because of the litigation and the time required to generate the report from Barton & Loguidice
they simply need a little more time.
Ayes all.
Approve Charter Review Commission Budget
Mayor Kenneth Klotz said the Charter Review Commission has been meeting for a few weeks and
they have submitted a budget to his office in the amount of $40,850 for the Council’s approval.
He said this budget includes funds for personnel, advertising, printing, etc.
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve this budget
noting that $15,000 would be made available to the Commission this year and the remainder will
be funded through the 2001 budget. He also noted that the $15,000 would come from
Commissioner Bernard Mirling’s budget.
Commissioner Michael Lenz asked about the legal expenses. Mayor Kenneth Klotz said it was his
understanding the Assistant City Attorney Tony Izzo would be contracted with for the legal
expertise, however, if necessary, outside counsel might also be used. Commissioner Michael Lenz
asked how this budget was developed. Tony Izzo said he simply gave the Commission his fee.
Mayor Kenneth Klotz said all of the Commission budgets that he had seen from other communities
were between $25,000 and $50,000. He informed Council members that there is the possibility
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to obtain 40 percent reimbursement from the state for this budget. Commissioner Michael Lenz
asked if the budget needed to be developed before obtaining this 40 percent reimbursement.
Tony Izzo said it was his understanding that the state has a line item for this reimbursement,
however, at this time there are no funds in that line item. He said he thought that some home rule
legislation might required to obtain this reimbursement. Commissioner Michael Lenz asked how
much the 1980s Charter Commission spent on legal fees. Tony Izzo said he was not sure, however,
in the 1970s approximately $6,000 was spent. Commissioner Michael Lenz asked if any of the
services to be provided by Tony Izzo would fall within his current contract with the City. Tony Izzo
said no. Commissioner Michael Lenz asked if it was necessary to adopt this budget this evening.
Mayor Kenneth Klotz said it was necessary in order to pay the staff.
Commissioner Bernard Mirling said Corning recently underwent a charter review and their budget
was between $50,000 and $60,000. Commissioner Michael Lenz said it was his understanding that
the original budget for the Charter Commission was $25,000. Mayor Kenneth Klotz said that was
a draft budget that was submitted by the Chair to the Commission for their review. He said the
Commission felt that those initial figures were somewhat conservative.
Commissioner Thomas Curley asked who would conduct the research/analysis. Commissioner
Bernard Mirling said it was his understanding that work would be done by Tony Izzo. He said this
is an important process that needs to be supported by the Council. He pointed out that he was
willing to fund the $15,000 from his budget for this purpose this year. He said if there are
specific questions, perhaps Council members could talk to Harvey Fox.
Commissioner Michael Lenz said he supported the Commission’s work, but simply wanted some
clarification before approving. He said he wanted to be sure this work was being done in the most
economical way. He asked if the City Attorney provided this type of service to previous Charter
Review Commissions. Mayor Kenneth Klotz said it was his understanding that the City Attorney had
provided these services in the past but was overwhelmed. Tony Izzo said he would do some
research to determine if outside counsel was used in the past.
Jeffrey Wait said this type of service is outside the scope of the existing contracts between the
City and its attorneys. He said outside counsel could be used, however, Tony Izzo is more
knowledgeable of the charter than outside counsel. He also noted that Tony Izzo does not charge
as much as other outside counsels generally charge.
Commissioner Michael Lenz agreed the charter needed to be reviewed and he said he was not
questioning Tony Izzo’s ability but was only looking at the economics.
Commissioner Bernard Mirling suggested that perhaps it might be appropriate for someone from
the Charter Commission to appear before the Council to clarify some of these issues.
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Ayes all.
Budget Amendment B 85 Beekman Street
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that on a temporary basis
the City amend the budget to allow for the City to purchase the property at 85 Beekman Street
in the amount of $36,700. He said when the funding comes through from HUD, the City could then
be reimbursed that amount from those funds.
Mayor Kenneth Klotz explained that the seller of this parcel is anxious but because of the delay
in obtaining the HUD funds, it is not possible to complete this sale. Therefore, he proposed that
the City make this purchase with City funds and then the City to be reimbursed when the HUD
funds become available.
Commissioner Thomas Curley asked if this type of transferring of funds from HUD to the City was
within HUD guidelines. Brad Birge said it falls within he HUD guidelines and there would be no
problem with the City making this purchase and then being reimbursed. He said generally these
funds arrive from HUD sometime between July and October.
Commissioner Thomas Curley asked if there were any funds available from last year that might be
used. Brad Birge said no. He said there are some year end balances but not enough to cover this
expense.
Ayes all.
Announcement B Spring Run Trail Grant
Mayor Kenneth Klotz announced that the City had been awarded a grant in the amount of $365,000
for the Spring Run Trail. He said a 50 percent match is required and the City is negotiating with
Niagara Mohawk for that match.
Commissioner Michael Lenz asked if this would include some in kind services. Mayor Kenneth Klotz
said this is a complex arrangement that is being worked out between the City and Niagara Mohawk
in connection with their clean up work to be done at the Excelsior Avenue parcel. He said this is
a major project for Niagara Mohawk.
Appointments
Mayor Kenneth Klotz announced the following appointments/reappointments to the Urban Heritage
Area: Lu Lucas, Randall Royka; and Janice Burns; reappointment of Sonya Taub and Sheila Goss.
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He also announced the appointment of Kitty Macica to the Saratoga Springs Housing Authority.
Property Auction
Jeffrey Wait said the City held an auction this afternoon and sold a landlocked parcel on Route 50
to the two adjacent property owners for $2,000.
Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the sale of parcel
190.2-6 on Route 50 in the amount of $2,000. Ayes all
Jeffrey Wait said the parcel on Fifth Avenue and Henning Road had been withdrawn from the sale
due to an old deed restriction. He said apparently the parcel originally belonged to NYRA but the
City obtained ownership many years ago for the widening of Fifth Avenue. The deed restriction
states that if not used for road widening purposes it would revert to NYRA. He said he had
contacted NYRA on this restriction and hoped to hear soon.
Urban Heritage Area Brochure
Mayor Kenneth Klotz distributed the new Urban Heritage Area “Strolling Tour of Saratoga’s
Congress Park” brochure.
Approve Amendment to Rehabilitation grant B 9 Jaipur Lane
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that the Council approve
the amendment for the rehabilitation grant at 9 Jaipur Lane in the amount of $5,600. Ayes all.
Adjustment in Pay B Part Time legal Stenographer
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the pay raise
for the part time legal stenographer from $10/hour to $12/hour. Ayes all.
Set Public Hearing B Comprehensive Plan Amendments
Mayor Kenneth Klotz reported that the Comprehensive Plan Committee would hold a public hearing
on the proposed amendments on Thursday, September 14 at 7:00 p.m. in the City Court Room.
ACCOUNTS DEPARTMENT
Approval of August 1 & August 8 City Council Meeting Minutes
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Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the August 1
and August 8 City Council meeting minutes as written. Ayes all.
Position Reclassification
Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded that the position of senior
stenographer, currently held by Kathy Moran, be reclassified to Secretary to the City Council,
Zoning Board of Appeals and Design Review Commission and she be moved to grade 12, step 4,
effective August 28. Both the Civil Service Commission and the CSEA have approved these
changes. Ayes all.
2000 Final Assessment Roll
Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to adopt the final 2000
Assessment Roll as previously distributed (Attachment A).
Commissioner Bernard Mirling said the total assessed value for the City now stands at
$2,189,719,614 and the total taxable value is $1,415,874,373. He said it should be noted that the
total taxable value increased by almost $56,000,000 which equates to $300,000 in additional
revenue to the City for the tax year 2001.
Commissioner Michael Lenz asked if the last three years comparative information could be
forwarded to his office. Commissioner Bernard Mirling said yes. Commissioner Michael Lenz said
there appeared to be an increase in exempt parcels. Mayor Kenneth Klotz said no, in fact exempt
parcels had decreased. He said to his recollection exempt parcels have been between 40 to 50
percent.
Mayor Kenneth Klotz pointed out that the growth in the outside district puts great pressure on the
services offered by the City. He said the City needs to continue to provide those services but
wondered at what cost.
Commissioner Thomas Curley asked if new buildings such as Borders had been included in these
figures. Commissioner Bernard Mirling said yes. Commissioner Thomas Curley said he would like
to see some comparative data on nonresidential parcels.
Phil Klein asked that Council members share this information, as well as other pertinent information
to be discussed at Council meeting with both him and Skip. Mayor Kenneth Klotz agreed.
Ayes all.
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FINANCE OFFICE
Payroll
Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following
payrolls: August 4, 2000 B $308,741.06 and August 11, 2000 B $307,186.94. Ayes all.
Warrants
Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and
payment of the 2AUG20 warrant #2 through #31 as follows:
General Fund $ 206,843.89
City Center Authority 1,620.32
Water Fund 20,849.71
Sewer Fund 23,916.46
Capital Projects Fund 36,199.61
Special Assessment District -0-
Trust Fund -0-
Debt Service -0-
Community Development 6,775.27
TOTAL $ 296,205.26
and the MC200809 warrant #2 - #7 as follows:
General Fund $ 30,168.93
City Center Authority -0-
Water Fund 29,099.71
Sewer Fund 8,786.42
Capital Projects Fund -0-
Special Assessment District -0-
Trust Fund -0-
Debt Service -0-
Community Development -0-
TOTAL $ 68,055.06
Ayes all.
Budget Amendments
Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget
amendments as presented (Attachment B). Ayes all.
Budget Transfers
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Commissioner Michael Lenz moved and Mayor Kenneth Klotz to approve the budget transfers as
presented (Attachment C). Ayes all.
July 31, 2000, Financial Report
Commissioner Michael Lenz distributed the July 31, 2000, Financial Report. He said the City should
be at about 58 percent expenditures and we are at about 54 percent.
DEPARTMENT OF PUBLIC WORKS
Waive of Bid B Fort Miller Company
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to waive the bid to The
Fort Miller Company for manhole riser rings in the amount of $8,904. He said the money is within
the DPW budget. Ayes all.
DEPARTMENT OF PUBLIC SAFETY
Waive of Bid B Audio Equipment B Police Department
Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to waive the bid for audio
equipment for a time lapse video recorders to Ray Supply of Glens Falls in the amount of $2,103.
He said quotes were sought from three companies and this was the best price. He said this would
be covered by the local law enforcement block grant funds. Ayes all.
Waive of Bid B Video Equipment B Police Department
Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid
for video equipment for investigation purposes to LEA in the amount of $6,345.00. He said this
company is the sole source provider of this equipment. Ayes all.
Set Public Hearing B Local Law Enforcement Block Grant
Commissioner Thomas Curley requested that a public hearing be set on Tuesday, September 19 at
6:40 p.m. on the Local Law Enforcement Block Grant. Council members agreed.
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ADJOURNMENT
Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to adjourn the
meeting at 8:10 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned
the meeting at 8:10 p.m.
Respectfully submitted,
Kathy Moran
Clerk
Approved:
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