City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, SEPTEMBER 5, 2000 CITY COUNCIL ROOM 7:00 P.M. PRESENT: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts ABSENT: Michael Lenz, Commissioner, Finance ALSO PRESENT: Phillip Klein, Board of Supervisors Representative Anthony Scirocco, Board of Supervisors Representative (arr.: 7:35 pm) STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney MAYOR=S OFFICE Visit from Ireland Mayor Kenneth Klotz reported that Matthew Givens, member of the Irish National Police, recently paid a visit to this City and presented him with gifts from Ireland. He said those gifts would be displayed at the Urban Heritage Center. Truck Enforcement B Discussion Mayor Kenneth Klotz said he would defer this discussion until later in the meeting. West Avenue Special Assessment District Mayor Kenneth Klotz said at the next Council meeting he would make appointments to the West Avenue Special Assessment District Board. He said this committee will have nine representatives Page 1 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 (seven property owners and two from other categories). Sales Tax B Discussion Mayor Kenneth Klotz said Commissioner Thomas McTygue had requested that the City again look into the sales tax revenue issue. He said in the previous Comprehensive Review it was recommended that this issue be reviewed. He said preliminary census information is due out early next year and it seemed like a good time for him to recommend that an economic consultant be hired to review the sales tax information and to make a determination whether this should be pursued. Phil Klein said both he and George Gasser have been attempting to find the specific sales tax numbers for many years, however, those numbers were somewhat elusive. He offered a word of caution saying that whatever number the consultant came up with would likely be the number that would then be used. He said researching this sales tax information was long overdue and he was glad to see that the City was now ready to do so. Commissioner Thomas McTygue said since the numbers have been so elusive, it was a good idea to hire a consultant. He pointed out that there was a six percent increase at the track this summer which equates to additional fire and police protection provided by the City. He reminded everyone that Saratoga Springs “puts on the show”. Phil Klein said the track is only one indicator. He said census information as well as development are both important. He pointed out that the City has not had the growth the neighboring towns has had until this year. Appointments (00-185) Mayor Kenneth Klotz announced the appointment of Mary Alice Evans to the Design Review Commission. Engineering Department Position Upgrade (00-186) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to upgrade the position of Assistant City Engineer from Grade 14 to Grade 15A and that Clyde Robinson be moved from Grade 14 to Grade 15A, Step 1 effective September 4. He said this had been approved by both the Civil Service Commission and the CSEA. Ayes all. Page 2 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Sister City Committee B Report Don Sevits, member of the Sister City Committee, said the committee had been working for quite some time now on a sister city program with a city from Russia. He said this program would allow for some long range cultural, economic and educational exchanges. He said they have encountered a problem in identifying a similar city though. However, very recently they identified the city of Chekhov which is located about 47 kilometers south of Moscow as a potential partner. He said that city has a population of approximately 59,000 and has ties to the railroad and rivers which run through it. He said they also have printing and textile industries. He informed Council members that a member of this committee would be traveling to Russia in the near future and she would visit this City and bring back much information. ACCOUNTS DEPARTMENT Approval of August 15 meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the August 15 City Council meeting minutes with one minor correction. Ayes all. Commissioner of Deeds Commissioner Bernard Mirling announced the appointment of Carol Kennedy as a Commissioner of Deeds with a term of two years. Tax Certiorari (00-187) Jeff Wait reported that settlements have been reached in three certiorari cases and he was seeking approval on behalf of Commissioner Bernard Mirling in these cases. Jeff Wait said in KART v. City the assessment had been reduced from$909,400 to $800,000 for 1998 and 1999. He said the total refund would be $5,000 with $1,000 being the City’s responsibility. He said in the Old Saratoga Square Partnership an agreement was reached with the prior administration, but it was not applied to the 1998 year. He said they are now proposing that it be applied to 1998 with a total tax refund of $8,400 with $2,000 being the City’s responsibility. He said in KFC v. City it had been agreed to reduce the assessed value from $428,000 to $266,000 with a total refund of $4,500 and $800 as being the City’s responsibility. Jeff Wait said he had discussed these proposed settlements with the school district, assessor and appraiser and they are all in agreement. He further noted that in all of these cases, the property Page 3 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 owner would be prohibited from challenging their assessed value for three years. However, the City could increase the assessed value it there was significant impacts to the parcels. He said in all of these cases, it was more economically feasible to settle rather than hire attorneys and appraisers. Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the settlement in the three above noted cases as presented. Ayes all. FINANCE OFFICE Payroll Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the following payrolls: August 18, 2000 B $306,534.22; August 23, 2000 B $300,681.09 and September 1, 2000 B $297,214.21. Ayes all. Warrants Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded for the approval and payment of the 1SEP20 warrant #2 through #39 as follows: General Fund $ 412,645.09 City Center Authority 5,255.40 Water Fund 74,270.27 Sewer Fund 37,338.31 Capital Projects Fund 47,174.19 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 33,146.33 TOTAL $ 609,829.59 and the MC200823 warrant #2 - #5 as follows: General Fund $ 9,046.41 City Center Authority 12,297.68 Water Fund 90.20 Sewer Fund 627.06 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Page 4 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Debt Service -0- Community Development -0- TOTAL $ 22,061.35 and the MC200830 warrant #2 - #5 as follows: General Fund $ 23,969.75 City Center Authority -0- Water Fund 2,207.82 Sewer Fund 1,655.18 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 27,832.75 Ayes all. Budget Amendments Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Transfers Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the budget transfers as presented (Attachment B). Ayes all. 1999 Budget Transfer Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the 1999 budget transfer as requested by the auditors in the amount of $200. Ayes all. Window Display Mayor Kenneth Klotz reported that the Finance Department had won second place in the Travers Contest Peoples Choice Awards for their window display. 1996 & 1997 Tax Sale Foreclosure Proceeding B Report Page 5 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Christine Gillmett-Brown reported that the 1996 & 1997 list of delinquent taxes had been compiled. She said in 1996 there are 36 parcels with a total tax value of $71,876 and in 1997 there are 52 parcels with a total tax value of $97,688. She encouraged these property owners to pay their taxes. She said the City is not interested in foreclosure but would do so if the owners do not make payment. She said they are projecting a tax sale in October 2000. Mayor Kenneth Klotz said it seemed that the amount of delinquent parcels was lower. Christine Gillmett-Brown said due to changes in the tax laws, property owners must now pay in reverse order thereby reducing the amount of delinquent parcels. DEPARTMENT OF PUBLIC WORKS Sale of Excelsior Avenue Ice Rink (00-188) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that the City Attorney draw up the necessary documents for the sale of the Excelsior Avenue Ice Rink to Niagara Mohawk in the amount of $750,000. He noted that under this agreement Niagara Mohawk has also agreed to donate $253,000 to the City to be used towards the Spring Run Trail system. Commissioner Thomas McTygue said it should be noted in the documents that the City would maintain some access to the Village Brook over this property through and easement. Jeff Wait said the issue of the easements was still a detail that needed to be worked out, however, he felt there would be no problem in doing so. It was noted that the Spring Run Trail System would run from East Avenue to the Northway and perhaps there would be access at another point for the City to the Village Brook. Paul Male, City Engineer, suggested that maintaining and easement through the Excelsior Avenue Ice Rink would still be necessary. Mayor Kenneth Klotz said this is a major step for the City and for Niagara Mohawk. He said the contamination at this site would be remediated thereby opening the site up for development. He noted that this parcel is located within one of the City’s impact areas. Ayes all. Commissioner Thomas McTygue then moved and Commissioner Bernard Mirling seconded that the balance of the funds from the $253,000 which is not needed for the Spring Run Trail system be set aside for recreational needs. Mayor Kenneth Klotz said Commissioner Michael Lenz had asked him to express his concern about this motion and to not approve this request this evening. Mayor Kenneth Klotz said he did not support this request by Commissioner Michael Lenz and further noted the motion could be reversed if there was support. Page 6 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Commissioner Thomas McTygue said this motion would not prohibit the Council from using the funds to pay down the debt on the rinks. Commissioner Thomas Curley said he felt that this courtesy should be extended to Commissioner Michael Lenz and not vote on this issue this evening. He said there was no harm in waiting. Commissioner Thomas McTygue agreed to withdraw this motion this evening. Veteran’s Bricks Commissioner Thomas McTygue reported that the third order for bricks (400) would be going out in the next few days. He said the brick program has been a major success. He said once these bricks are received and installed, another ceremony would be held. Yesco Contract Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to renew the contract with Yesco for the cogen operating system in the amount of $18,300/year and $2.29 hour for operating services. Ayes all. Waive of Bid B Boyce & Drake Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Boyce & Drake in the amount of $6,639.05 for work done beneath the police department in connection with the sanitary sewer. He said this was an unforeseen expenditure and therefore requested that this money come from the contingency budget. Ayes all. Waive of Bid B Gorman Brothers, Inc. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling second to waive the bid to Gorman Brothers, Inc. in the amount of $4,000 in connection with paving. He said this was a budgeted item. Ayes all. Waive of Bid B Lyon’s Equipment Company Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to waive the bid to Lyon’s Equipment in the amount of $4,500/month for screen rental. He said this was a budgeted item. Page 7 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Waive of Bid B Compost Screen B Correction to August 1 meeting minutes Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that a correction be made to the August 1 City Council meeting minutes, page 9 and increase the amount of waive the bid for the rental of a screen from Contractor Sales & Services from $2,000 to 6,000 plus delivery. Ayes all. Reimbursement for Landfill Closure (00-189) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that the final payment from the state in the amount of $190,000 (which had been received) be set aside and used for improvements to the storm water and sanitary sewer system lines in the City. Paul Male said the City upgraded the East Avenue lines three years ago and this year upgraded the Washington Street lines. He said when upgrading these lines they found illegal sanitary tie ins to the storm drainage lines, however, they have now been corrected. Commissioner Thomas McTygue said all of the improvements as recommended in previous reports have done. He said we are now at the point that the remainder of the City needs to be reviewed. Ayes all. Approval for Mayor to sign Curb and Sidewalk Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the contract for curb and sidewalk work at 322 Broadway in the amount of $3,600. Ayes all. Waive of Bid B Springer Waste Management Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Springer Waste Management for a 30 yard roll, $160/per pull and $70/ton. He said the money was within his budget. Ayes all. Hiring of Consultant for Work at Reservoir B Woodlawn Park (00-190) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to hire a consultant in the amount of $2,250.00 to inspect the 5,000,000 gallon underground water storage tank which is located near Skidmore College. Paul Male said this is a water storage tank which was constructed in the 1930s and has not been looked at since that time. He informed Council members that this consultant will also dive into the tank, video the interior, draft a report and draw up Page 8 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 specs, if necessary, for bidding any work that might be required on the tank. Ayes all. Executive Session Commissioner Thomas McTygue withdrew this request for an executive session. Flower Program Commissioner Thomas McTygue congratulated Greg Benton for supervising the City’s flower program. He said he had many wonderful comments during the summer months on how beautiful the flowers looked. DEPARTMENT OF PUBLIC SAFETY Waive of Bid B Auxiliary Equipment B Truck Enforcement Vehicles Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to waive the bid to Gall Police Equipment of Kentucky in the amount of $2,504.87 for auxiliary equipment for the two new police cars to be used in truck enforcement. He said there is a state contract available for these items, however, there are some design differences that make using Gall more desirable. He said purchasing this equipment would allow for consistency in parts among vehicles. Commissioner Bernard Mirling asked that the necessary documentation be provided to his office concerning the reasons for not using the state contract. Commissioner Thomas Curley agreed to that request. Ayes all. Mayor Kenneth Klotz asked about enforcement of 53 foot trucks driving along Washington Street and Broadway. Commissioner Thomas Curley said they have now purchased all of the necessary equipment and expect delivery on most of the items within three to six weeks. He said there is a signage issue at Route 29 and West Avenue, however, he is waiting for a while before erecting more signs because of the construction along West Avenue. He said that enforcement and tickets have increased over last year. Commissioner Thomas Curley said they are looking at the issue of 53 foot trucks on City streets and suggested that any individual who sees a 53 foot truck should call the police department. Mayor Kenneth Klotz suggested that a message needed to be sent to trucking companies that 53 foot trucks are not allowed on the City streets. Page 9 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 5, 2000 Commissioner Thomas Curley said Tom Roohan, Roohan Realty, had been looking for available land on the west side for purchase or lease for an inspection area. Commissioner Bernard Mirling said he was concerned about using a realtor without going through the appropriate process of selecting one. Commissioner Thomas Curley said Tom Roohan would not charge for his services. Commissioner Thomas McTygue suggested that the neighboring communities and the county be contacted on this matter and perhaps they could all work together. Mayor Kenneth Klotz said it was his understanding that the county was more than willing to work with the City on this matter. Commissioner Thomas Curley said there would be more joint operations with the surrounding towns. ADJOURNMENT Commissioner Bernard Mirling moved and Commissioner Thomas Curley 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: Page 10 of 10