City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, FEBRUARY 20, 2001 CITY COUNCIL ROOM 6:50 P.M. P R E S E N T: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts A B S E N T: Michael Lenz, Commissioner, Finance 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 Loughberry Lake Zoning Ordinance Mayor Kenneth Klotz said this is a public hearing on the proposed zoning amendment that would increase the boundary of the Resource Protection District around Loughberry Lake from 200 feet to 300 feet. He said this proposal does include an exemption that allows existing residential structures in the Resource Protection District to be expanded up to 30 percent of their existing footprint. He said the City has received favorable advisory opinions from both the City and the County Planning Boards. He noted that copies of letters from seven property owners within the area affected by this legislation had been received and are part of the official record. Jeff Wait said a moratorium had been in place for about one year. He said that time period had given the City time to review the zoning for this area and to make a recommendation to the Council. He explained that the 200 foot setback as listed in the zoning ordinance was inconsistent with the Resource Protection District legislation which required 300 feet. Commissioner Thomas Curley asked if there had been any feedback from the state yet on the City’s proposed watershed rules and regulations. Commissioner Thomas McTygue said that response was between two to three years away. Page 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 Mayor Kenneth Klotz opened the public hearing. Mr. Sherman, 8 Loughberry Road said the neighbors were concerned with the proposed ordinance until the section concerning the existing residential structures being allowed to expand up to 30 percent of their existing footprint was added. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Dog Ordinance Tony Izzo said the proposed amendment to this ordinance was to amend the ordinance to include any person who owns, harbors or has custody and control of any dog shall be held responsible. He said because of the trend in recent years for individuals other than the owners to care for dogs, the Animal Control Officer suggested the addition of this language. He said this amendment makes this language consistent with other parts of the ordinance. 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. MAYOR=S OFFICE Appearance B Ken Green, SEDC Ken Green said SEDC had been working with CP Rail and CDTA on the completion of the train station and the connection of both the scenic and commuter rail lines. He said this is an important project for this community and a good working partnership with the above noted organizations had been developed. He reminded the Council that the initial grant had been generated by Congressman Solomon’s office and is being continued by Congressman Sweeney’s office. He said work on the Victorian style train station is intended to begin later this year. Ken Green said they are still working on the detail of ownership with CP Rail, however, they have assurances from CP Rail that a solution would be found. He said they are considering ownership or a long term lease. Mayor Kenneth Klotz said there is a lot of interest from the community on this project and he thanked SEDC and Ken Green for working on this project. Participation in Cities for Climate Protection Plan (01-023) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for the approval for the Page 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 City to participate in the Cities for Climate Protection Plan. Mayor Kenneth Klotz said he had recently met with Melissa Royael, former resident of Saratoga Springs, on the possibility of the City joining the Cities for Climate Protection Plan. He said joining this organization cost the city nothing and gave the City access to items such as a summer intern. Ayes all. National Social Work Month Mayor Kenneth Klotz proclaimed March as “Professional Social Work” month. Recreation Department Fees (01-024) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the Recreation Department fees as presented. Mayor Kenneth Klotz said the fee schedule had been refined since the proposal at the last meeting. Linda Terricola said the fees for adult baseball evening games with and without lights had been revised upward. Commissioner Thomas McTygue said he was still concerned about the three tiers of fees. He said he would support this proposal as submitted, however, he wanted some assurance that there would be a complete review of the fees next year. Linda Terricola said a cost analysis would be done so that there would be a better idea of the exact cost vs. expenditure of each program. Commissioner Thomas McTygue pointed out that in some programs such as soccer, there are 1,000 participants while approximately 500 are from within the City. He said with 500 participants from outside of the City it puts a great demand on City resources. Linda Terricola said it is the Recreation Department’s intention to bring the fee schedule to the Council each year. She also pointed out that she would be back to the Council in the near future to discuss the youth parking fees. Linda Terricola said she appreciated that Mayor Kenneth Klotz and Commissioner Thomas McTygue attended the recent meeting of the Recreation Commission. She said next year there would be a cost analysis as well as additional time for Council members to review the information. Mayor Kenneth Klotz pointed out that the Recreation Department’s budget is approximately $1.3 million and the fees generate about $700,000. He said this increase in fees could potentially bring in an additional $60,000 but was still not enough to cover the cost of the program. Linda Terricola said the initial philosophy was that the Recreation Department budget would not be self sustaining. Linda Terricola said she anticipated approximately $50,000 and not $60,000 increase Page 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 in revenues. She said there would likely be people who would not participate because of the increase in fees. Commissioner Bernard Mirling agreed that the fact that 52 percent of the participants are not from the City needs to be reviewed. He said he did not have a problem with providing a regional program but a careful review of subsidizing the program was needed. He said perhaps the surrounding towns should be contributing. Linda Terricola pointed out that programs such as the skate park and basketball clinics have a higher number of noncity participants. Commissioner Thomas McTygue agreed but said the City’s largest program is soccer and almost 50 percent of those participants are not from the City. He said without those additional 500 participants perhaps the City did not need more fields. He said that is what is driving up the cost. Commissioner Thomas McTygue asked why the registration for the little tot baseball was at the mall and not in the City. Linda Terricola said the City does not sponsor this program and perhaps they were not aware that the field house was available. Commissioner Thomas McTygue said he met with Linda Terricola and participants in the figure skating program had a schedule worked out to allow for more ice time for them at a reasonable cost. He said the City is willing to work with individuals who need assistance such as this. Commissioner Thomas Curley asked if the City was receiving any funding from surrounding communities. Linda Terricola said no. Commissioner Thomas Curley asked if the school taxes are indirectly subsidizing the recreation program. Linda Terricola said no. She pointed out that the City does rent facilities from the surrounding communities and the school. Commissioner Thomas Curley asked if City residents would be put in the position of not being able to participate. Linda Terricola said no. She said the largest fee increase was to noncity/nonschool district participants. Commissioner Thomas Curley suggested that contingency funds be looked at to help City residents who may not be able to pay. Commissioner Bernard Mirling asked about scholarships. Linda Terricola said scholarships are available. Commissioner Thomas McTygue said he would like to be sure that the scholarships are for City residents only. Bob Spratt, Recreation Commission member, said there are 1,899 city residents participating and with a $5 increase it would generate $10,000. He said a financial summary sheet had been given to the Mayor. He said the Recreation Commission and staff are working the Finance Department to review their finances and ways to bring out more valuable statistical data. He said the addition of computers and staff at the Recreation Department will be a tremendous help in that area. He said it was also their intent to meet quarterly with the public for their input. Commissioner Thomas Curley said the City is in a position economically to take a look at offering this assistance to City residents. He said the Council is continually looking at ways to give the money back to the residents and this would be a good way to do so. Commissioner Thomas Page 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 McTygue said the City is already doing so by adopting a budget for the Recreation Department. Ayes all. Recreation Department Plan Mayor Kenneth Klotz said he had developed a five point program in for the Recreation Department as follows: 1) commitment to quality and accountability; 2) regular reports to the Council; 3) appointment of citizens advisory committee; 4) review the policy of nonresident participants; and 5) engage a professional management consultant to improve efficiency. He said he was not asking the Council for an approval this evening but would come back at a later date to do so. Commissioner Thomas Curley asked when the City would receive the report from the state on the Recreation Department. Mayor Kenneth Klotz said although the state shared the preliminary findings with Council members, the final report should be here by the end of the month. Proclamation B Clarence Dart Mayor Kenneth Klotz read a proclamation honoring Clarence Dart in connection with his time served during World War II. Planning Board Secretary (01-025) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to confirm the previous approval by memo to hire Eve Woodward as Planning Board secretary. He reminded everyone that this is an exempt position. Ayes all Executive Session Mayor Kenneth Klotz requested an executive session for the purpose of litigation matters. ACCOUNTS DEPARTMENT Approval of February 6 meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded move to approve the February 6 City Council meeting minutes. Ayes all. Award of Bid B Street Trees Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling Page 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 moved and Commissioner Thomas McTygue seconded to award the bid for street trees to Northern Nurseries for various prices. Ayes all. Award of Bid B Fertilizer Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for fertilizer to Carolina Eastern-Vail, for various prices. Ayes all. Award of Bid B Field Marking Lime Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for field marking lime to United Horticultural Supply for $3.15 per 50 pound bag. Ayes all. Award of Bid B Granite Curbs Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for granite curbs to Syrstone for various prices. Ayes all. Award of Bid B City Center Automobile Upon the recommendation of the City Center Authority, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to award the bid for a full size sedan automobile to Topper Pontiac Buick GMC in the amount of $14,554 (includes trade-in). Lowest bidder meeting specifications. Ayes all. Award of RFP B Flowers Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the contract for flowers & supplies to Dehn’s Flowers for various prices. Ayes all. Loughberry Lake Zoning Amendment B Vote (01-026) Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded for the issuance of SEQR negative declaration and for the adoption of the proposed zoning amendments for the Loughberry Lake area (Attachment A). Commissioner Thomas McTygue said this has taken a number of years to get this zoning in place Page 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 and he was glad to see there was agreement among the neighbors. Mayor Kenneth Klotz said the City could now move forward with the watershed rules and regulations. Ayes all. FINANCE DEPARTMENT Payroll Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the following payrolls: February 9, 2001B$292,210.90 and February 16, 2001 B $328,693.51. Ayes all. Warrants Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for the approval and payment of the 6DEC20 #2 through #6 as follows: General Fund $ 15,473.34 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 $ 15,473.34 and 2FEB01 #2 through #31 as follows: General Fund $ 116,363.23 City Center Authority 8,425.72 Water Fund 7,887.13 Sewer Fund 1,500.11 Capital Projects Fund 1,559.78 Special Assessment District -0- Trust Fund 9,905.00 Debt Service -0- Community Development 14,177.95 TOTAL $ 159,818.92 and MC010214 #2 through #5 as follows: General Fund $ 160,355.68 City Center Authority 496.22 Water Fund 3,125.43 Page 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 Sewer Fund 2,203.05 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 166,180.38 and MC200214 #2 as follows: General Fund $ 1,061.88 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 $ 1,061,.88 Ayes all. Budget Transfers Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the budget transfers as presented (Attachment B). Deputy Commissioner Christine Gillmett-Brown noted there was one minor correction to the transfers. Ayes all. Budget Amendments Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the budget amendments as presented (Attachment C). Deputy Commissioner Christine Gillmett-Brown noted there was a minor correction to the repairs and maintenance Casino and City Hall lines and the amount should be increased by $10,000 and there should be a decrease of$20,000 in the Niagara Mohawk reimbursement line. Ayes all. Bond Resolution B Adoption (01-027) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to adopt the bond resolution (Attachment D)in the amount of $704,129, which covers projects in 2001 Page 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 capital budget. Roll call vote: Commissioner Bernard Mirling: aye Commissioner Thomas McTygue aye Commissioner Thomas Curley aye Mayor Kenneth Klotz aye Motion carried. Connolly Plan B Update Deputy Commissioner Christine Gillmett-Brown reviewed the Connolly Plan with Council members (Attachment E). She explained that the Connolly Plan sets the City’s borrowing limit to one percent of the full value of the City’s assessment roll. She said the bonding limit is at about $12.6 million and as of December 31, 2000; therefore, the City has the ability to still yet bond approximately $1.6 million. She said if the Council wishes to go beyond the $12.6 million it must go to referendum. Mayor Kenneth Klotz said it was his understanding that it was not the City’s intention to bond anything else the rest of this year. He thanked Deputy Commissioner Christine Gillmett- Brown for this report. DEPARTMENT OF PUBLIC WORKS Niagara Mohawk Refund Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded that a special account be established utilizing the funds from Niagara Mohawk in the amount of $160,000. He said that account would be used to fund special projects for DPW. Ayes all. 85 Beekman Street Commissioner Thomas McTygue said he was concerned about the recent letter to the editor concerning 85 Beekman Street in which reference was made that there were no building permits and/or inspections on that parcel. Commissioner Thomas McTygue said that was not true. He said all permits and inspections have been done through the building department. He said this project will help the residents in this area by offering a “jump start” to renovation projects. He said the City would be reimbursed the expenditures through the sale of this parcel. City Historian Commissioner Thomas McTygue suggested that a letter be sent to Martha Stonequist, City Historian, thanking her for all her efforts on the City’s behalf. He said she does a great job. Page 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 Contract with Specialized Environmental Monitoring Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve signing the contract with Specialized Environmental Monitoring in the amount of $15,000. He said this money was within his budget. Ayes all. Plumbing at the Senior Citizen’s Center Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the expenditure for plumbing work at the Senior Citizens’ Center with B&B Plumbing in the amount of $2,400. Ayes all. Housing Authority B Sand Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the agreement with the Housing Authority to allow them to purchase sand from the City in the amount of $25/ton. He said that money should be returned to the sand budget. Ayes all. Waive of Bid -- Vellano Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the waive of bid with Vellano for a large pipe repair in the amount of $1,258.31. Ayes all. Watershed Rules and Regulations Deputy Commissioner William McTygue said the City’s watershed rules and regulations had been submitted to the Department of Health in November 1999. He said at this time DOH has other priorities, however, the City has asked that this item become a priority when they are finished with their current projects. DEPARTMENT OF PUBLIC SAFETY Boiler Replacement Lake Avenue Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the expenditure in the amount of $14,913.09 for the replacement of the boiler at Lake Avenue Fire House. Ayes all. Code Activity Update Page 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 Commissioner Thomas Curley updated Council members on code enforcement throughout the City. He said there are currently 57 parcels with problems. He said of the 57, 33 are working with the City, 10 are in the court system, and 8 are working on some type of construction that will bring them into compliance. Dan Cogan, code enforcement officer, said he had recently met with the West Side Neighborhood Association and talked to them about their concerns. Kevin Veitch, code enforcement officer, said they have compiled a list of parcels in question and that list is continually changing. He said it is their intention to educate the public on code enforcement. Commissioner Thomas McTygue said enforcement has been frustrating. He said there is a parcel located next to 85 Beekman Street where the owners lives in New York City. He said the City needs to insist that these owners maintain their parcels and should perhaps somehow be forced to maintain or sell. He said in many cases the problem parcels are absentee landlords and the City needs to put pressure on them. Kevin Veitch agreed with Commissioner Thomas McTygue but pointed out that the code enforcement officers can only act within the law. Commissioner Thomas Curley said there is some good interaction between the code enforcement office and the City Attorney’s office and the City can now be more proactive. Commissioner Bernard Mirling asked if this was an issue where the ordinance should be revisited. Kevin Veitch said yes. He said it would be a good idea to have a committee review these ordinances on a regular basis. Commissioner Bernard Mirling said he would be glad to participate in any way possible. Kevin Veitch said he is working with Jeff Wait, Tony Izzo and Mike Biffer and through those meetings they can determine which codes need to be reviewed. Mayor Kenneth Klotz said enforcement is a chronic problem in the City. He said that out of the 1999 Comprehensive Plan Review, quarterly meetings with the City’s Boards was recommended and enforcement is always an issue with those boards. He said he had asked Jeff Wait to coordinate the Boards concerns in this area. Dog Ordinance -- Amendment (01-028) Commissioner Thomas Curley moved and Commissioner Bernard Mirling to adopt the amendment to the City’s dog ordinance as presented (Attachment F). Ayes all. EXECUTIVE SESSION Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 8:20 p.m. Ayes all. Council members returned at 8:35 p.m. Page 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 20, 2001 Whelan vs. City (01-029) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to authorize Tony Izzo to respond to the Whelan vs. City Article 78 noting that the City would not submit any papers on this matter. Ayes all. Spring Brook (01-030) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign a consent order with DEC in regards to the ongoing issue with the Spring Brook. Ayes all. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 8:40 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 12 of 12