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City Council

Regular Meeting

Saratoga Springs, NY · February 6, 2001

AgendaMinutes

Minutes

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, FEBRUARY 6, 2001 CITY COUNCIL ROOM 7:00 P.M. P R E S E N T: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts A L S O P R E S E N T : Phillip Klein, Board of Supervisors Representative Anthony Scirocco, Board of Supervisors Representative (arrived 7:30 p.m.) 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 HEARINGS Local Law #1 B 2001 Feed of Waterfowl Mayor Kenneth Klotz said there has been an ordinance in effect for a few years in regards to feeding the waterfowl. He said he was now simply proposing to extend the area to the entire inside tax district. He said a few residents have expressed their concerns and he had spoken to some specialists. He said this kind of prohibition on feeding the waterfowl is in order and is consistent with DEC regulations. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Water & Sewer Rates Commissioner Thomas McTygue said there would be no increase in the water rates, however, there would be a 14 percent increase in the sewer rates due to the Saratoga County Sewer District’s increase. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Page 1 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Water & Sewer Late Fee Ordinance Commissioner Thomas McTygue said he was proposing to change the ordinance for consistency in the penalty rate. He proposed that the ordinance be changed from the 5 percent penalty for the first 30 days with another percent being added after 30 days to now read as 6 percent the first day after the due date. 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. DEPARTMENT OF PUBLIC SAFETY Train Derailment and Safety Considerations Commissioner Thomas Curley said it was important, at this time, to review the recent incident at the train yard in connection with the City’s participation and safety measures. Asst. Chief Fran Murphy said the City received a telephone call at 4:00 a.m. on February 5 that there had been a derailment. He said the City was informed that this was not a typical derailment in that it was not at a high speed. He said since it was determined at that time that there was no need for the fire department to respond. He said when he arrived on duty at 7:00 a.m. he spoke to the Captain and the Chief and then went to the railroad yard. He said before going to the yard he thoroughly researched the effects of the chemicals on board. He said upon arriving at the railroad yard he was immediately met by the railroad dangerous commodities expert. At that time it was explained that five cars had rolled off of the tracks and one was damaged, however, it was not leaking. He said personnel on the seen included DEC experts, DOT officials, and state/federal railroad personnel. He said the plan of action at that time was to remove the four cars. He said they requested that the Fire Department come to the scene as a precautionary measure when these cars were moved. He said all involved agencies were comfortable with the process, therefore, around 4:00 p.m., City fire department personnel went to the scene. He said they worked until 10:00 p.m. that evening when they finally got the car in an upright position but not back on the track. He said it was decided to place overnight surveillance on the car and to send the crews home. He said they then went back the next day and were met by EPA officials. Page 2 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Asst. Fran Murphy said it was then decided that they the chemicals on the car would be offloaded to another car. He said that work began at 11:00 a.m. and continued until 2:30 a.m. when again all personnel was sent home and a surveillance team was posted. He said there were ideal weather conditions during this entire process. He said the remainder of the chemical that was unable to be off loaded was then burned off which continued for quite awhile. He said railroad personnel determined that the car would be immediately salvaged. Asst. Fran Murphy again stated that his department had done the necessary research on this chemical before making decisions. He said with this particular chemical wet conditions were ideal. He reminded everyone that there was plenty of snow on the ground so if something had occurred, they conditions were ideal. Mayor Kenneth Klotz asked when the accident actually happened. Asst. Chief Fran Murphy said he was not sure. He said the City received the call at 3:56 a.m. Commissioner Thomas Curley said it was his understanding that the accident occurred around 2:45 a.m. Sargent Jack King said the City has an emergency response plan which includes evacuation procedures. Commissioner Thomas Curley said this plan has been in existence since the 1980s and they are currently in the process of updating this plan. Commissioner Bernard Mirling said it seemed as though the plan worked well and his only concern was about the length of time it took for the railroad yard personnel to notify the City. He said the City should expect immediate notification. Commissioner Thomas Curley said perhaps it took the railroad personnel time to assess the situation before calling the City. He said the railroad personnel have a check list of who they need to contact in these instances. Commissioner Michael Lenz clarified that there was not a four hour delay in notifying the City but closer to about an hour. Commissioner Thomas Curley said he was in contact with Dr. John MacFadden, Superintendent Saratoga Springs School District, to keep them informed. He said he was told by Dr. John MacFadden that the school district also had an emergency response plan including evacuation measures on file. Mayor Kenneth Klotz asked who could activate the emergency plan. Sargent Jack King said any member of the Council, Chief of the Police or the Captain of the Fire Department. Commissioner Thomas McTygue said this might be a good time to review this plan with all individuals who might be involved in an emergency. Sargent Jack King said they were in the process of doing just that. Page 3 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 MAYOR=S OFFICE Community Renewal Committee -- Report Rick Higgins said information was forwarded to the Council about a week ago on this committee’s work to date. He said this committee has been in existence for about a year with the objective to identify properties throughout the City that need improvements. He said they have collected data on the conditions of properties from both the Saratoga Springs Preservation Foundation and Shelters of Saratoga. He said based on their research they have determined that their focus area would be the “Dublin” area on the west side. Rick Higgins said this committee would work with Brad Birge and an intern from Skidmore who would input the information into a GIS system. He showed a rendering of this area which depicted the many uses. He said SOS has agreed to set a priority for properties in this area. He said there are also other programs for funding that property owners in this area could take advantage of. He said recently there has been $375,000 infrastructure improvements as well as a lot of private sector investment/improvements in this area. He said the Adirondack Trust Company has agreed to make a available $1 million in loans at a 7 percent interest rate for this area. He said there is also discussion of a master’s planning studio by SUNY Albany occupying space in this area as well as an arts center. He said there is momentum that they would like to continue. Rick Higgins said the major recommendations of their report include: 1) public funding; 2) property taxes (perception that they go up when improvements are made); 3) tax abatement program for improvements for parcels in this target area; 4) code enforcement; and 5) review of zoning ordinance in this area (outdated). Rick Higgins requested that the Council consider using the budget surplus for an acquisition program. He specifically noted 27 Walworth Street saying that perhaps it should be demolished to allow for new construction. Commissioner Bernard Mirling suggested that perhaps the City could auction that parcel with the condition that it be rehabilitated or demolished. Rick Higgins said that could be a possibility. (Anthony Scirocco arrived.) Commissioner Thomas McTygue said there are other areas of the City such as Jefferson Street that could use some rehabilitation work. He said perhaps enforcement was key in some instances though. He specifically noted there is a building on VanDam Street that is in disrepair. Commissioner Michael Lenz asked if there were other areas of the City that should be targeted. Rick Higgins said the Jefferson Street area as well as some areas on the north side. Page 4 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Mayor Kenneth Klotz thanked Rick Higgins for his presentation. SUNY B Albany Planning Seminar B Report Brad Birge said this City has an opportunity to collaborate with SUNY -- Albany to establish a masters program in planning for the west side. He said as a requirement of obtaining a masters degree, students need to get real life experience in developing a strategic plan for a targeted area. He said they are proposing that an intern would be provided during the summer months to gather data and input that data into a GIS system. He said a pilot GIS for this target would be developed by the SUNY program but owned by the City. He said the City could then build on that database. He said issues such as transportation, parking , economic development, historic/design guidelines will be reviewed and developed. He said they would take into consideration the relationship of this area in connection with the gateways to the City (Congress and Circular Streets). He said a final project would be presented to the City in January which will include short and long term strategies. Mayor Kenneth Klotz thanked Brad Birge for his presentation. Community Development Block Grant Program Mayor Kenneth Klotz asked Brad for information on the Community Development Block Grant program. Brad Birge said applications have been received totaling $800,000 while there is approximately $460,000 available. He said two public hearings will be held which is an opportunity for the applicants to present their proposals. He said the Committee hoped to make a presentation and recommendations to the Council during the second meeting in March. Shelters of Saratoga -- Report Janine Farmer, Director SOS, said SOS is looking at the possibility of purchasing 128 Grand Avenue. She said it is a good location and a good asking price for the parcel. She said this is a worthy project that will benefit the neighborhood. She said this project would be for four units for low income seniors. Mayor Kenneth Klotz asked about the history of the building. Janine Farmer said it was constructed in 1846. She said this will be a total renovation of the building and it was likely that an architect would be required because under the grant guidelines it must be restored as closely as possible to the original exterior appearance. Commissioner Thomas McTygue asked about the progress of the building on Washington Street. Janine Farmer said it has been about one year since they closed on that parcel and there has been some delays. She said because of the very tight budget that was developed for that project, there Page 5 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 have been some difficulties. She said in order to apply for this proposed grant, the Washington Street project must be completed first, therefore, they have an estimated completion date of February 28. Commissioner Thomas McTygue asked who would occupy the Washington Street building. Janine Farmer said low income seniors. She said once the project is completed, they will advertise for residents. Commissioner Thomas McTygue asked about parking for the Grand Avenue project. Janine Farmer said she had been working with Geoff Bornemann, City Planner, on that issue and it was likely that on-site parking could be provided. Commissioner Thomas McTygue asked how much funding was being requested from Community Development for this project. Janine Farmer said $75,000. She said the cost of rehab is projected at about $312,000. Commissioner Thomas McTygue asked what the total cost of this project. Janine Farmer said $442,000 which included all costs. Commissioner Michael Lenz asked if they would attain full funding. Janine Farmer said they were being encouraged by the state to apply for this grant, therefore, she anticipated receiving the full amount of that grant. Commissioner Thomas McTygue asked where they would find the additional funds if Community Development did not approve the $75,000 request. Janine Farmer said it was possible they would look for sponsorship or a private mortgage. Rick Higgins said there are many restrictions when applying for a grant and they need leverage from the City. Janine Farmer said they have a contract pending on this parcel contingent upon receiving the necessary funding. Mayor Kenneth Klotz asked if she had worked with the West Side Neighborhood Association on this matter. Janine Farmer said the West Side Neighborhood Association was not favorable to this proposal. She said they would rather see young families in this area. She said there was also some concern expressed by the residents of the new townhouse community that a project such as this would devalue their homes. Janine Farmer said she was still willing to work with these organizations though. Commissioner Thomas McTygue asked what was the asking price for this parcel. Janine Farmer said $48,000. She said SOS is trying to fulfill the needs of the community and she was optimistic that this project would obtain funding. Mayor Kenneth Klotz thanked her for her presentation. Planning Board Secretary (01-013) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to establish a new full time Planning Board secretarial position at 40 hours/week with a salary at $31,806. Ayes all. Commissioner Michael Lenz asked if an individual had been hired for this position. Mayor Kenneth Page 6 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Klotz said not at this time. City Hall Renovation Paul Male, City Engineer, said he had been exploring the possibility of doing renovations in his department to allow for more space for employees and storage. He said they have been looking at adding a second floor in the reception area. He said it appears though that some structural renovation work at a cost of between $75,000 and $100,000 would be necessary first. He said the problem is in the basement area of the building. He said this cost does not include the cost of a new boiler. Commissioner Thomas McTygue said he wanted to make it clear that the building was not in danger of falling down at this point. Paul Male agreed saying this structural renovation was only needed to support weight from the second floor. West Avenue Project Supplemental Betterments Paul Male, City Engineer, said a request had been received from the state on additional cost sharing for the West Avenue Project. He said there are two change orders. He explained that there was a mix up at DOT where each office thought the other had forwarded this request to the City. He said the two change orders include: #1 changes in the storm sewer pipe sizes, increased size of storm sewer structures, addition of sign posts, change in the water main size and appurtenances for Station Lane and the addition of concrete collars for pipe extension; and #2 variable message boards. He said the City’s share and reimbursement is as follows: #1 is $64,308.38 of which the City would be reimbursed $38,532.69 and #2 is $29,418.52 of which the City would be reimbursed $22,063.89. Paul Male said DOT has apologized for the delay on this request. Mayor Kenneth Klotz asked if the City is consulted on these requests before the change orders arrive. Paul Male said the changes orders should have arrived before now. Commissioner Thomas McTygue asked who the City’s engineer was on this project. Paul Male said Sear Brown. Commissioner Thomas McTygue said he was not willing to support this request this evening. He said the City had worked with DOT on reducing the size of the pipe line on Station Lane and now we are being asked to increase the lines. Paul Male agreed that DOT had initially agreed to reducing the size of the line, however, they now say their original computations were not correct therefore, the size needs to be increased. Commissioner Thomas McTygue said he would like to see this item deferred to another meeting to allow him and the City Attorney time to get involved in this request. Page 7 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Commissioner Thomas Curley asked if there would be other change orders coming to the table. Paul Male said yes. He said there were some inspection and rock removal issues. Commissioner Thomas Curley asked about the dollar amount of those requests. Paul Male said that was not yet available. He said at this time, it is the state’s position that those costs are part of the contract, however, it was still being negotiated with the contractor. Paul Male said there were also some concerns expressed by the Traffic Safety Division on the signal system and he was not sure of what those costs might be. Paul Male said generally speaking the City does not have a lot of control on this project. Commissioner Michael Lenz said he found this very frustrating since his department had bonded the project at a specified dollar amount and it appears to be continually changing. Paul Male said the numbers used by the City in bonding were pre-bid prices and perhaps a contingency for costs such as these should have been reviewed. Mayor Kenneth Klotz thanked Paul Male for his presentation. Local Law #1 2001 B Feeding the Waterfowl (01-014) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve Local Law #1 2001 B Feeding the Waterfowl as presented (Attachment A). Ayes all. Global Youth Day Mayor Kenneth Klotz announced Global Youth Day on April 21, 2001. He said this is an annual event celebrating and recognizing the year round contributions made by the youth of the community. Franklin Community Center Block Grant Extension (01-023) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the grant extension for the Franklin Community Center Block Grant. Priscilla Corwin, Franklin Community Center representative, said there is currently a balance of $3,204 remaining in the grant that they received in 1999. She said they now have an estimate for roof work and hoped to have that work done by April. She said this is the last piece of the project and asked that the Council grant the extension. Ayes all. National Victims Rights Week Page 8 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Mayor Kenneth Klotz declared April 22-28 as National Victims Rights Week. Recreation Department Fee Schedules Mayor Kenneth Klotz said he would not ask the Council to adopt these increases tonight. Linda Terricola said there is a requirement of the Council to adopt all fees charged by the Recreation Department. She said at this particular time they have already postponed the spring registration. She said there has been an increase in fees except for the Camp Saradac program. She said the Recreation Commission has reviewed these fees and this is their recommendation. Commissioner Michael Lenz asked if when the budget was adopted, were these projected increases included. Linda Terricola said no. Mayor Kenneth Klotz said approximately $60,000 will be added to the budget through these increases. Linda Terricola said their budget is $1.2 million and approximately $750,000 is brought in through fees. Commissioner Thomas McTygue said approximately $400,000 of those fees were for the ice rink fees. Commissioner Thomas McTygue asked why there were three categories for fees (city, noncity school district and noncity nonschool district). He said the noncity school district and noncity nonschool district categories should be combined. He questioned whether the City needed to provide this many and types of programs in cases where the noncity participants outnumber the city residents. Linda Terricola encouraged everyone to attend a meeting with the user groups on February 15 at 7:00 p.m. at the field house. She said she would ask Recreation Commission members to review the noncity school district and noncity nonschool district categories. Remembering Tommy Luther Mayor Kenneth Klotz said Tommy Luther, jockey, recently died at the age of 92. He said he was a resident of Saratoga Springs and his wife of 72 years still survives him. Executive Session Mayor Kenneth Klotz requested an executive session for the purpose of litigation discussion. Council members agreed. National Girls & Women in Sports Day Mayor Kenneth Klotz informed everyone that tomorrow is National Girls & Women in Sports Day which will be celebrated nationwide Page 9 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 ACCOUNTS DEPARTMENT Approval of January 16, City Council Meeting Minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the January 16 City Council meeting minutes with one minor correction. Ayes all. SARA Grant Discussion Commissioner Bernard Mirling said his department recently submitted a grant for $29,000 to be used to increase the efficiency of the Recreation Department. He said if fully funded it will provide computers, networking, software, database operator for 20 weeks, training and shelving. He said this should reduce the amount of time it takes participants to register for programs. Commissioner Bernard Mirling said the City has already invested many dollars in cash and in-kind services to the Recreation Department in renovations and staff time. He said he his hopeful that the City will be awarded this grant sometime in July. Field Marking Paint B Extension of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to extend the bid for field marking paints with Passano Paints for one year under the same terms and conditions. Ayes all. Grass Seed B Extension of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to extend the bid for grass seed with United Horticultural Supply for one year under the same terms and conditions. Ayes all. Grub Control B Extension of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to extend the bid for grub control with United Horticultural Supply for one year under the same terms and conditions. Ayes all. Cab Chassis Truck -- Award of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for a cab chassis truck to Page 10 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Rochester Auto Collection for $32,152. Ayes all. Motor Oil B Award of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for motor oil to R. H. Crown Company at $168.50 per 55 gallon drum. Ayes all. Lube Oil & Grease B Award of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for lube oil & grease to Noco Energy at $89.00 for gear oil, $139.55 for hydraulic oil and $119.00 for multipurpose oil. Ayes all. Vehicle Filters B Award of Bid Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for vehicle filters to Spa Automotive at a discount of 74 percent. Ayes all. Fire Apparatus Rescue/Pumper -- Award of Bid Upon the recommendation of the Department of Public Safety, Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to award the bid for fire apparatus rescue/pumper to Central States/Wilde Fire in the amount of $248,893.00. Mayor Kenneth Klotz said this appeared to be a good price and asked if it was a complete price. Commissioner Thomas Curley said this does not include all of the equipment. Commissioner Thomas McTygue asked what was the time frame. Commissioner Thomas Curley said approximately six to eight months. Ayes all. Commissioners of Deeds Commissioner Bernard Mirling announced the appointment of the following individuals as Commissioners of Deeds with a term of two years: Mary Jane Kelleher & Lisa VanZandt. New Sound System Commissioner Bernard Mirling said there is a new sound system in the Council room which allows Page 11 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 for greater flexibility and quality sound. He said the old equipment will sent upstairs to the music hall. He also reminded Council members that there is a hearing impaired system available. Election Districts (01-015) Commissioner Bernard Mirling said a notice was received in his office in January from the County Board of Elections that the City had exceeded its limits in three districts (1, 17 & 6). He said in district 6 the amount exceeded by was very little, therefore, the County has allowed the limit to be extended in that district. He said both districts 1 & 17 have been split which now gives the City two more districts #23 & #24. Commissioner Bernard Mirling then moved and Commissioner Thomas McTygue seconded the resolution (Attachment B) creating districts #23 & #24, the alteration of boundaries in districts #17 & #1 and extending the limit in district #6. Mayor Kenneth Klotz suggested that some ads be placed noting this change so that it would not be too confusing for voters. Commissioner Bernard Mirling agreed. Mayor Kenneth Klotz asked if additional voting machines would be necessary. Commissioner Bernard Mirling said yes. Ayes all. FINANCE DEPARTMENT Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: January 19, 2001B$316,485.44; January 26, 2001 B $405,033.02 and February 2, 2001 B $289,284.55. Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and payment of the 5DEC20 #2 through # 20 as follows: General Fund $ 150,357.26 City Center Authority 18,714,.67 Water Fund 29,885.50 Sewer Fund 9,412.54 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Page 12 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Community Development 2,925,03 TOTAL $ 211,295.00 and 1FEB01 #2 through #20 as follows: General Fund $ 321,852.55 City Center Authority 10,326.49 Water Fund 20,955.93 Sewer Fund 4,631.18 Capital Projects Fund 23,655,64 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 10,727.00 TOTAL $ 392,148,79 and MC200124 #2 through #3 as follows: General Fund $ 4,025.171 City Center Authority -0- Water Fund 4,674.53 Sewer Fund 3,088.67 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 10,788.37 and MC010124 #2 through #4 as follows: General Fund $ 33,807.96 City Center Authority 7,920.76 Water Fund 638.30 Sewer Fund -0- Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 42,367.02 and MC200131 #2 through #4 as follows: General Fund $ 739.32 City Center Authority -0- Page 13 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Water Fund 18,29 Sewer Fund 668.46 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 1,426.07 and MC010131 #2 through #6 as follows: General Fund $ 1,905.39 City Center Authority 5,211.76 Water Fund 292.78 Sewer Fund 134.37 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 7,544.30 and MC020101 #2 through #4 as follows: General Fund $ 2,032.86 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 $ 2,032.86 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment C). Adoption 2001 Tax Roll (01-016) Page 14 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for the adoption of the tax roll as presented (Attachment D). Ayes all. Subdivision Recreation Account and Other Special Account Report Deputy Commissioner Christine Gillmett-Brown reviewed with Council members the special accounts held by the City (Attachment E). Commissioner Michael Lenz noted that most of the accounts are now earning interest at 5.12 percent except for some small accounts Commissioner Thomas McTygue pointed out that the capital reserve account for the ice rink was recently used to purchase an Olympia. He said if that account had been set up when it was approved, there would likely be more than $300,000 in it. Commissioner Thomas McTygue pointed out that there is more than $50,000 in the account for the perpetual care of veterans area in the park. Deputy Commissioner Christine Gillmett-Brown informed Council members that the Knoll Spring Park account will be paid off in a few years. Commissioner Thomas McTygue said this account has worked out well for all parties. Mayor Kenneth Klotz asked if all of the accounts were at Adirondack Trust Company. Deputy Commissioner Christine Gillmett-Brown said yes. He asked how they are noted in the City’s books. Deputy Commissioner Christine Gillmett-Brown said they are listed as reserved but not encumbered. Mayor Kenneth Klotz thanked Deputy Commissioner Christine Gillmett-Brown for this information. Other Commissioner Michael Lenz said he had mistakenly, at the last meeting stated the that funds for the boiler had come from the contingency fund. He said that was not the case. He said that DPW had covered that cost. He apologized for that misinformation. DEPARTMENT OF PUBLIC WORKS Waive of Bid -- Talladega Foundry & Machine Company Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve the purchase of four cast iron urns from Talladega Foundry & Machine for a total of$3,280. Ayes all. Waive of Bid B AFSCO Fence Page 15 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid for a fence for the compost facility ($1,500) and the ice rink ($1,500). Ayes all. Waive of Bid B Boyce & Drake Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to waive the bid to Boyce & Drake for sewer work to be done at City Hall in the amount of $4,235. Ayes all. Executive Session Commissioner Thomas McTygue requested an executive session to discuss the Wilton sewer issue. Council members agreed Contingency Funding for City Hall/Casino Commissioner Thomas McTygue withdrew this item from discussion. Agreement with Saratoga County Sewer District for Pretreatment of Wastewater from Industrial Users (01-017) Jeff Wait said the Saratoga County Sewer District is responsible for regulating industrial users of that system. He said users such as Grande Industrial Park are not under the jurisdiction of the County, therefore, an intermuncipal agreement between the County and the City is necessary. Jeff Wait said draft agreements have been developed in which either the County or the City can monitor and enforce the ordinance. He said as part of the agreement with the County, the City’s ordinance will need to be at least as stringent as the County’s. Jeff Wait then recommended that the Council approve the agreement in which the County has the authority to monitor and enforce the sewer ordinance. He said by adopting this agreement the County will have the authority to monitor industrial users. He also pointed out that if the County has the authority to monitor and enforce, they also incur all of the costs. He said if this agreement is adopted, the City will need to amend our ordinance. He said the revised ordinance would be brought back to the Council at a later date. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the agreement between the City and the County in which the City gives the power of monitoring and enforcement of the sewer lines of industrial users located in the City and further note that the County is to incur related costs. Ayes all. Approval of Water & Sewer Rates for 2001 (01-018) Page 16 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve the Water and Sewer Rates for 2001 as presented (Attachment F). Ayes all. Approval of Water & Sewer Ordinance (01-019) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the amendment to the Water & Sewer Ordinance as presented (Attachment G). Ayes ll. Casino Work Contract B Discussion Commissioner Thomas McTygue withdrew this item from discussion. DEPARTMENT OF PUBLIC SAFETY Waive of Bid B Zone 5 Training Academy Annual Assessment Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the waive of bid to Zone 5 Training Academy at Hudson Valley Community College in the amount of $4,950. Ayes all. Waive of Bid -- Underground Location Device Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the waive of bid to Northeast Supply in the amount of $3,000 for the underground location device. Ayes all. Dictaphone Service Contract Renewal Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid for the Dictaphone Service Contract Renewal in the amount of $2881. Ayes all. Set Public Hearing B Amend City Code Section 101-9 Commissioner Thomas Curley requested that a public hearing be set for February 20 at 6:55 p.m. for discussion on the dog ordinance. Tony Izzo said there is a proposed modification to the ordinance which would hold not only the owner but anyone who has control over the dog responsible. Council members agreed. EXECUTIVE SESSION Page 17 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 9:00 p.m. Ayes all. Council members returned at 9:55 p.m. Richardson vs. City (01-020) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the settlement agreement between the Richardson vs. City and for back wages in an approximate amount of $21,000. Richard Mullaney said the City is still working on the exact figures. He said it has been difficult to determine the exact amount at this time since the case dates back to 1995. Ayes all. Niagara Mohawk Agreement (01-021) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the agreement between the City and Niagara Mohawk. Ayes all. West Hill Associates vs. City (01-022) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the agreement with West Hill Associates in the amount of $29,500. Jeff Wait said even in the best case scenario it would cost the City 50,000. He pointed out that this settlement does not include interest. He said this was a fair and reasonable settlement. Ayes all. ADJOURNMENT Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 10:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Clerk Page 18 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2001 Approved: Page 19 of 19

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