City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, OCTOBER 3, 2000 CITY COUNCIL ROOM 6:45 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 Robert King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney PUBLIC HEARING Amendment to Unsafe Structures Ordinance Tony Izzo said the last time this ordinance was changed was in December 1999. He said tonight’s proposed changes add more detail and specifics on procedures, time line and content. He said a definition of an unsafe structure has been included. He said 30 and 60 day time periods have also been added. He explained that work must commence within 30 days and be completed within 60. Mayor Kenneth Klotz asked who would identify the unsafe structure. Tony Izzo said either the building inspector or the code enforcer. Mayor Kenneth Klotz asked if court action could be taken against the property owner. Commissioner Thomas Curley said yes. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Amendment to Code Enforcement Officer Duties Tony Izzo said this proposed amendment would allow the code enforcer to enforce specific sections of the zoning ordinance including: signs, supplemental regulations, home occupations, junk yards, walls/fences, site distance, swimming pools, garage sales and unsafe structures. He said this Page 1 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 amendment does not decrease the building inspector’s responsibility but rather simply adds to the code enforcer duties. Mayor Kenneth Klotz opened the public hearing. Joe Dalton, President Chamber of Commerce, 14 Loughberry Road, said the Chamber supported this amendment. He said signage is an issue throughout the City and the Chamber would like the visual impact improved. He said it is unfortunate that the building inspector does not have the time to enforce some of these issues, but was glad to see that the code enforcer will now be able to do so. He asked though that the fine be appropriate enough to encourage the property owner to comply. Commissioner Michael Lenz asked how much are the fines. Tony Izzo said it would depend on which section of the law was affected, however, it could be either $250/day or up to a $1,000/day. Joe Dalton said those numbers seemed appropriate but said strict enforcement is needed. Molly Gagne, 22 Vichy Drive, said she was glad to see this issue was finally being addressed. She pointed out that realtors are the biggest violators of the signage problem. She said they continually place their signs in the City’s right-of-way. She said the public needs to be educated on the sign ordinance. Mayor Kenneth Klotz agreed. It was suggested that perhaps a column could be done in the local newspaper on this matter. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. MAYOR=S OFFICE Approve YMCA/Wilton Contract -- Use of Gymnasium for Fall-Winter Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contracts with the YMCA and the Town of Wilton for fall biddy basketball. Ayes all. Approve $1,500 Expenditure B YMCA Teen Center Activities Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the $1,500 expenditure in connection with the YMCA Teen Center Activities. Linda Terricola said this item is budgeted annually. Ayes all. Approve $2,000 Contract for Boys Basketball Coordinator Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the $2,000 contract for the Boys Basketball Coordinator. Ayes all. Page 2 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 Approve Recreation Registration Fee Policy Change Mayor Kenneth Klotz withdrew this item from discussion. Approve Recreation Scholarship Proposal Mayor Kenneth Klotz withdrew this item from discussion. Appointments (00-205) Mayor Kenneth Klotz announced the following appointments to the Spring Run Trail advisory committee: Paul Male, Geoff Bornemann, Alyane Ball, Michael Welti and Cindy Behan. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded the appointments of Mark Lawrence, Marc Paguin, Jack Minogue, Phil Klein, Richard Sweeney, Dr. Hale Card, Paul Male and Tony Izzo to the West Avenue Special Assessment District. Ayes all. World Population Awareness Week Mayor Kenneth Klotz announced that World Population Week Awareness Week had been proclaimed for the week of October 28. Restitution Check Mayor Kenneth Klotz announced that his office had received a restitution check for $4,298 in connection with the car that went into Loughberry Lake several months ago. He said this check reimburses the City for the expenses occurred in removing the car. Ernst & Young Mayor Kenneth Klotz said he had been discussing the possibility of hiring the firm of Ernst & Young to study the sales tax issue. He said this is a national firm that has impressive credentials. He said he is still negotiating the fee with the firm and when that is finalized he will return to the Council with more information. He said the recent report released by the Convention and Tourism Bureau showing the financial impact of conventions and tourism in Saratoga Springs would be of great help in this study. Summer Parking Program B Discussion Mayor Kenneth Klotz said last week Captain Flanagan, John Irving, Linda Curley, Chris Signor, Carol Kennedy and Commissioner Thomas Curley met in an attempt to review the summer parking program which generates about $24,000 to support hockey program. He said there have been longstanding safety concerns and they hope to make some changes in the program to address those issues. He Page 3 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 said, though, that cooperation from NYRA was needed and he would address this issue with NYRA. Reschedule November 7 Council meeting Mayor Kenneth Klotz suggested that the November 7 Council meeting be rescheduled to November 8. Council members agreed. Comprehensive Plan Review -- Report Mayor Kenneth Klotz reported that the Comprehensive Plan Review Committee is still working on the detail of the final amendments to the plan. He said they hope to have the plan available by late next week for public review. He said there will be a great effort to explain he proposed changes and they will allow for a 30-day public comment period. He said he hoped the Council would take action on these recommendations at the November 21 meeting. Executive Session Mayor Kenneth Klotz requested an executive session to discuss lawsuits. ACCOUNTS DEPARTMENT Approve September 19 City Council meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the September 19 City Council meeting minutes with one minor correction. Ayes all. Commissioners of Deeds Commissioner Bernard Mirling announced the appointment of the following individuals as Commissioners of Deeds: Gloria Battaglini, Michael Chowske, Daniel Mullan, John Barney, Christopher Kuznia, Michael Gailor, Linda Quattrinni, Anthony Scirocco, John Catone and Edward Lewis. Award of Bid B Snowplows Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to award the bid for snowplows to T&T for $2,759/each (lowest bidder). Ayes all. Page 4 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 Award of Bid B Ice Resurfacer Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to award the bid for the ice resurfacer to Arena Operating Company for $57,500 less $12,000 trade-in for new Olympia Ice Machine. (only bidder). Commissioner Michael Lenz asked if the funds to pay for this item were budgeted. Deputy Commissioner William McTygue said yes. Ayes all. Truck Traffic Commissioner Bernard Mirling said the truck traffic issue has been around for many years now and he thought it was now time for the Council to either adopt or reject some of the recommendations made by the SSTAR Committee in conjunction with consultants Edwards & Kelcie. He said the Council should go on record formally by accepting or rejecting the recommendations. He asked that Commissioner Thomas Curley review the report and to come back to the next Council meeting with a recommendation/resolution on how the Council should proceed. Mayor Kenneth Klotz agreed there were some recommendations within the report that could likely be accommodated. Commissioner Bernard Mirling said he felt it was important at this time to review this report and determine which recommendations the Council wishes to support. Commissioner Michael Lenz pointed out that Commissioner Thomas Curley had already implemented many of the recommendations from the report. Commissioner Thomas Curley said he wished that Commissioner Bernard Mirling had discussed this with him before tonight. Commissioner Thomas Curley told Commissioner Bernard Mirling that some people play politics with issues and other provide leadership on the issues. Commissioner Thomas Curley told Commissioner Bernard Mirling that Commissioner Bernard Mirling could play politics and he would provide the leadership. He said he felt that Commissioner Bernard Mirling was simply playing politics with this issue.. Commissioner Bernard Mirling reminded Commissioner Thomas Curley that he was not asking Commissioner Thomas Curley to make any recommendations this evening but rather to come back with recommendations. FINANCE OFFICE Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: September 22, 2000B$292,564.86 and September 29, 2000- $300,946.00. Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for the approval and Page 5 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 payment of the 1OCT20 warrant #2 through # 26 as follows: General Fund $ 192,200.76 City Center Authority 5,521.06 Water Fund 6,703.88 Sewer Fund 2,262.90 Capital Projects Fund 169,959.64 Special Assessment District -0- Trust Fund 6,260.00 Debt Service -0- Community Development 8,587.06 TOTAL $ 391,495.30 and the MC200927 warrant #2 - #5 as follows: General Fund $ 1,087,563.70 City Center Authority 11,211.91 Water Fund 5,220.41 Sewer Fund 380,381.72 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 57,720.00 TOTAL $1,542,097.74 and the MCTAXPMT warrant #2 - #3 as follows: General Fund $ 113.99 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 113.99 Ayes all. Budget Amendments Page 6 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 Commissioner Michael Lenz moved and Commissioner Bernard Mirling 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. Authorization for Mayor to sign “Scope of Employment Agreement for In Rem” (00-206) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the “Scope of Employment Agreement for In Rem” between the City and John Manning. Commissioner Michael Lenz said these tax auctions send a very clear message to property owners in the City. He said the City does not want to be in the business of taking property, however, these auctions need to be held periodically. Ayes all. Surplus B Discussion Commissioner Michael Lenz said he had reported at the last Council meeting that the auditors had found that the Council in 1983 passed a resolution concerning the proceeds of the funds from the sale of the City Center. He said that resolution limits how the City can spend those funds. Commissioner Michael Lenz said it seemed that the City may need to establish another capital reserve fund and transfer the money from that sale into that fund. He said according to that resolution the funds can be used only for the acquisition of property. He said those funds cannot be used for capital improvements or operating expenses. Jeff Wait, City Attorney, said the definition of capital improvements is not quite clear and he will do some research on that issue before the next Council meeting. Commissioner Michael Lenz said he hoped to return to the next Council meeting with some recommendations on how these funds should be handled. DEPARTMENT OF PUBLIC WORKS Approval for Mayor to Sign Ice Rink Leases Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the ice rink leases with Saratoga Youth Hockey and Hockey Exchange for September 2000 through April 2001. Ayes all. Page 7 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 Waive of Bid B Dehns Flowers Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to waive the bid to Dehns Flowers in the amount of $3,000 for flowers not initially included. He said the money was available from within the DPW budget. Ayes all. Waive of Bid -- Abele Tractor Mayor Kenneth Klotz said this item was withdrawn from discussion. Waive of Bid -- Bonacio Landscaping Company Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to confirm the previous approval by memo to Bonacio Landscaping in the amount of$9,728 for seeding the soccer fields at Weibel Avenue. Ayes all. New York Leak Detection, Inc. (00-207) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to use New York Leak Detection, Inc., in the amount of $11,950 to perform a study to detect leaks throughout the City’s water system. He said this firm had been recommended by Barton & Loguidice and the money was available in the water budget for this expense. Deputy Commissioner William McTygue said he expects the survey of the entire system would be done within the next month by using probes and listening devices. He said this firm will guarantee results. He said if leaks are discovered, DPW would react quickly to repair them. Commissioner Michael Lenz asked if this kind of study had ever been done before. Deputy Commissioner William McTygue said it was done about 12 years ago. Commissioner Michael Lenz asked how old is the City’s system. Deputy Commissioner William McTygue said that depends but generally the age is between 80-90 years old. Ayes all. DEPARTMENT OF PUBLIC SAFETY Waive of Bid B Central Dispatch Telephone Equipment Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to waive the bid to Advanced Telecommunications in the amount of $5,391 in connection with the centralized dispatching system. Ayes all. Page 8 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 Vote B Unsafe Structure Ordinance (00-208) Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to adopt the Unsafe Structure Ordinance as presented (Attachment C). Commissioner Thomas Curley said this was a good ordinance that would help to bring some unsafe structures back up to code. Commissioner Bernard Mirling asked if there was some latitude on the 60-day requirement. Commissioner Thomas Curley said yes. Ayes all. Vote -- Code Administration Proposed Changes (00-209) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the Code Administration changes as presented (Attachment D). Ayes all. Traffic Safety Appointments Commissioner Thomas Curley announced the appointments of Greg Santos and Keith Pellegri to the traffic safety division. He said both have some experience in this area and both will undergo extensive training when the courses become available. He said both of these officers will begin working immediately with the current traffic safety officers. He said this is a component-based solution to this problem and this is only one of the many components. He said he would continue to review philosophy and strategy in this area. Commissioner Michael Lenz asked about the school these individuals must attend. Commissioner Thomas Curley said the availability of dates is the biggest problem and the closest location for this school is in Massachusetts. He said these individuals can currently assist in level one inspections and they can write a wide variety of tickets. Commissioner Thomas Curley encouraged residents to call him if anyone sees a problem with a truck anywhere in the City. VIN Etching Program and Child Safety Seatbelt Program Commissioner Thomas Curley announced that the Child Safety Seatbelt program and the VIN Etching program which would be held on Thursday, October 5 from 3:00 p.m. to 7:00 p.m. at the Allstar Motor Corporation on Route 50. Executive Session Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn to executive Page 9 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 3, 2000 session at 8:00 p.m. Council members returned at 8:05 p.m. Mayor Kenneth Klotz said discussions were held on lawsuits but no action was taken. ADJOURNMENT Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to adjourn the meeting at 8:05 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:05 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 10 of 10