City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, MARCH 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 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 PRIVILEGE OF THE FLOOR Sally Hart Brown, Open Space Project representative, commended the Council for supporting the preservation and quality of life in Saratoga Springs. She said the Open Space Project plans to do a survey within the next 60 days, which will be funded by business and community groups, on open space in this community. She encouraged the Council to undertake a fiscal study on environmental protection in the City. She again thanked the Council for their continued support of open space. MAYOR=S OFFICE Annual Report --City Historian Martha Stonequist Martha Stonequist thanked Council members for allowing her to speak before the Council. She said she received more than 700 inquiries last year with approximately 40 percent of those calls coming in at home. She said one of her duties is also to act as the City’s archivist. She said in 1974 Bea Sweeney rescued many documents and other materials and started the archive program. She said she maintains things such as minutes, maps, police blotters, etc., and all are stored in an environmentally protected vault. She said another of her duties is to protect, collect and disseminate information on the City to interested parties. She also does several talks throughout the year and some bus tours. She said a good amount of her work is fact checking. She said she recently coauthored a book about Saratoga Springs with Tim Holmes. Page 1 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Martha Stonequist said she has been in this position for more than 15 years and she still thoroughly enjoys her work. She said she receives a tremendous amount of support from City Hall personnel and again thanked the Council for giving her this opportunity to update them on her work. Appointments (01-031) Mayor Kenneth Klotz announced the appointments of Sonya Taub and Kathy Smith to the Historic Preservation Advisory Committee and Eric Weller to the Housing Authority. Sexual Harassment Policy Brad Birge distributed the existing and proposed discrimination/harassment policies for the City. He said the existing policy was adopted in 1993 and it was now time to update that policy. He said some of the modifications included the provision of including a woman officer, to bring the existing policy up to current federal regulations and case law and to better define and educated on what constitutes sexual harassment. He said this policy also establishes procedures for filing a complaint along with a time table. Mayor Kenneth Klotz asked Council members to review the draft and get back to him with any modifications. He said he would return to the Council at a later date for an approval. Franklin Square Associates Property Transfer (01-032) Jeff Wait, City Attorney, said the Real Estate Committee has recommended the transfer of a small parcel of City owned land to Franklin Square Associates. He said the parcel of land is approximately 800 square feet and is needed by the developer in order to begin construction on the next building. He said the committee has recommended that the minimum price be set at $2,500. He said Franklin Square Associates was also willing to commit and additional $25,000 for improvements to a small city park which is adjacent to this parcel. He said Franklin Square Associates is willing to work with DPW on those improvements. Jeff Wait said if the Council approves this proposal this evening, an agreement would be drawn up. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the transfer of this parcel to Franklin Square Associates with the details as noted above and that an agreement is to be drawn up. Michael Lenz asked if this was the same parcel that the Council had discussed last year. Jeff Wait said this is a different parcel. He said though that Franklin Square Associates recently purchased the other parcel from the City for $25,000. Page 2 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Ayes all. National Hunger Awareness Month Mayor Kenneth Klotz announced National Hunger Awareness Month and noted that an event would be held at the EOC soup kitchen on March 16 at noon with a dedication ceremony to follow the luncheon. ACCOUNTS Award of Bid -- Grave Marking Flags Upon the recommendation of the Mayor’s Office, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for grave marking flags to Metro Flag in the amount of $1,395.36 (lowest bidder meeting specifications). Ayes all. Award of Bid B Forestry Hydraulic Device Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for the forestry hydraulic device to Altec Industries in the amount of $51,790 (only bidder). Ayes all. Award of Bid B Precast Manholes, etc. Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for precast manholes, catch basins, etc., to Pallette Stone Corporation in the amount of $23,252.50 (low bidder). Ayes all. Award of Bid B Water & Sewer Pipe Fittings, etc. Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for water and sewer pipe fittings, etc., to Vellano Brothers for various prices (lowest bidder meeting specifications). Ayes all. Award of Bid B Port-A-Johns Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for port-a-johns to Stone Industries for $14.50 (low bidder). Ayes all. Page 3 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Saratoga Harness Rezoning -- Set Public Hearing Commissioner Bernard Mirling said the Council has received from the Planning Board a favorable advisory opinion on the petition submitted by Saratoga Harness, Inc., to amend the use schedule in the Institutional Horse Track Related District. He requested that a public hearing be set on the proposed rezoning text amendment for Tuesday, April 17, at 6:50 p.m. Council members agreed. Open Space Referendum B Discussion (01-033) Commissioner Bernard Mirling said he had spoken to Michael Lenz today on this issue and there were still many details that he was trying to understand. He said he was pleased to see that both Commissioners Michael Lenz and Thomas Curley believe that this is an important issue but he had some concerns with their proposal. He said according to comptroller’s opinion and home rule legislation, the City cannot hold a referendum on this type of proposal. Mayor Kenneth Klotz asked what it might cost to hold a referendum. Commissioner Michael Lenz said that he did speak to Commissioner Bernard Mirling today as well as Alayne Ball Chinian, Open Space Project representative, on this matter. He said he explained his rationale for wanting to move in the direction of possibly holding a referendum in November or sooner. He said he believed the taxpayers should be asked whether they want to set aside funds for the purpose of open space. He said he had listed this on his agenda this evening in hopes of having some discussion with Council members and perhaps with Open Space representatives. He said he would prefer to let the public decide. Commissioner Michael Lenz said this is a beginning point and much more dialogue is needed. Commissioner Bernard Mirling said he wanted to clarify that there is no statutory authority to hold a referendum on this item. He said Finance Law would also preclude the City from doing so. He said the City can only deal with bonding through Council action and not a referendum. He said he was glad to see that Open Space would conduct a survey. He said the cost of doing a referendum is about $17,000. He said he believed that an economic analysis needed to be done first. Commissioner Bernard Mirling said there were many ways to protect open space without spending money and then distributed three handouts on the subject (Urban Policy a Republican Perspective; Urban Open Space: Color it Valuable and Planners’ Casebook). He said the only way to be sure of the cost is through a professional fiscal analysis and furthermore much valuable information could be obtained from such an analysis. He said he believed the cost of hiring a professional fiscal analysis would be between $15,000 and $20,000. Page 4 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Commissioner Bernard Mirling then moved and Commissioner Thomas McTygue seconded to allocate $18,000 for a professional fiscal analysis. He said he would bring the details back to the next meeting. Commissioner Michael Lenz said he was concerned about allocating money without knowing the details, i.e., who would do such an analysis. Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to amend the motion that the $18,000 would simply be set aside for this use. Commissioner Michael Lenz said there seemed to be agreement that more information was needed, which was his objective. He asked if the City Attorney had reviewed precedent on establishing referendums. Commissioner Bernard Mirling said it was his research and not the City Attorney’s on the referendum issue. Commissioner Thomas Curley said he would like clarification by the City Attorney. Commissioner Thomas Curley said he was not prepared this evening to approve the allocation of funds without all of the details. Commissioner Bernard Mirling said he wanted a commitment from the Council that a fiscal analysis should be done. Commissioner Thomas Curley said issue needs to be addressed, however, he wanted more information before the Council expended funds. Commissioner Michael Lenz said he hoped there could be agreement among Council members on how to move forward with this issue and also suggested that perhaps the Council should meet with the Open Space representatives for detailed discussions. He said he would prefer to do a referendum, however, if that was not possible he understood. He said he was not opposed to a fiscal study, but did not believe that we should move ahead this evening on this issue. He asked if there was any harm in waiting until there was more information. Mayor Kenneth Klotz said this was only a conceptual approval this evening. Commissioner Thomas Curley suggested a special Council meeting be set for discussions between Council members and Open Space representatives. He said perhaps a small open forum would be appropriate. Commissioner Bernard Mirling said he was somewhat concerned about holding a community forum. He said there were many ways to fund this type of project through the City government, federal government, different organizations, etc., but the first step was to find out the economic impact. Commissioner Thomas Curley said those were good reasons to hold a special meeting. Commissioner Michael Lenz said there seemed to be agreement that we should move forward, but said the issue of how the data was gathered needed to be worked out. He said involving all interested parties in the discussions seemed to be the answer. Mayor Kenneth Klotz said he was concerned about spending $17,000 on a referendum. Commissioner Thomas McTygue applauded Commissioner Bernard Mirling for bringing this issue to the forefront and then called the question. Page 5 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Ayes: three; Nays: two (Commissioners Thomas Curley and Michael Lenz). Motion carried. FINANCE OFFICE Payroll Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following payrolls: February 23, 2001B$320,521.18 and March 2, 2001 B $295,573.16. Ayes all. Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded for the approval and payment of the 1MAR01 #2 through #28 as follows: General Fund $ 263,529.78 City Center Authority 3,660.76 Water Fund 11,560.48 Sewer Fund 4,687.53 Capital Projects Fund 27,933.97 Special Assessment District 175.00 Trust Fund -0- Debt Service 3,993.00 Community Development 70.79 TOTAL $ 315,611.31 and MC010228 #2 through #7 as follows: General Fund $ 28,081.10 City Center Authority 27,073.94 Water Fund 3,872.20 Sewer Fund 1,144.23 Capital Projects Fund 800,00 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 60,971.47 Ayes all. Budget Transfers Page 6 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment A). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the budget amendments as presented (Attachment B). Ayes all. Open Space Referendum B Discussion Commissioner Michael Lenz said he had a good discussion with both Alayne Ball Chinian and Sally Hart Brown of the Open Space Project. He said there are now enough people interested in this issue that it will move forward. He said the only question was how it would move. He said he remained optimistic that this would be a bipartisan effort. He said he did not necessarily disagree that the funds should be appropriated at this time, but believed that a special meeting should be held on how this should be implemented, who will make the decisions, who will manage the parcels, etc. Alayne Ball Chinian, from the audience, said she would set up a meeting between the Council and Open Space. Mayor Kenneth Klotz said he would like to clarify the misperception that there is a “no growth” position. He said he would like to see smart growth that is right for the City. He said there might be some space throughout the City that should be permanently off the table for development. Commissioner Michael Lenz: agreed there was a misperception that open space meant opposition to development. Commissioner Bernard Mirling said residents are beginning to recognize the need for open space. He pointed out that the City has some exceptional expertise in this area and he hoped to move this proposal forward. DEPARTMENT OF PUBLIC WORKS Snow Storm Commissioner Thomas McTygue thanked all of the DPW employees for their tireless efforts during the recent snow storm. He said employees worked within him on changing their scheduled hours and it seemed to go well. He also thanked the secretaries in his department for taking all of the telephone calls from residents who were concerned about plowing. He said there is a lot of stress involved in plowing. He said recently a City truck had an accident with a passenger vehicle where the passengers were injured. He said it is his understanding that the child is progressing well and he Page 7 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 wished him continued improvement. He then asked that, if possible, residents shovel out fire hydrants. Waive of Bid B Fort Miller Company Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the recent approval by memo for the pump replacement at the Grande Industrial Park with Fort Miller in the amount of $16,525. Ayes all. Waive of Bid B Vellano Bros., Inc. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to ratify the recent approval by memo for a new electronic leak detector with Vellano Bros., Inc. in the amount of $2,450.00. He said the money was within his budget. Ayes all. Waive of Bid -- Design & Son Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the recent approval by memo for roof work at 85 Beekman Street with Design & Son in the amount of $3,053. He said the money was within his budget. Ayes all. DEPARTMENT OF PUBLIC SAFETY Automated Ticket Issuance System B Informational Commissioner Thomas Curley said in partnership with the Downtown Special Assessment District, a new automated ticket issuance system will be used. He said this new system will allow the parking enforcement office to know whether there are prior violations on a vehicle, issue the ticket at that time, and down Scoff Law data. He said there wold be a cost savings as well as improved efficiency. He said they need to establish the zones in the City on where these types of tickets can be issued. He said once these are purchased, a demonstration could be provided for the Council. Waive of Bid B K-9 Equipment for New Vehicle Lt. Mike Biss said the police department recently purchased a Chevrolet Impala vehicle for the K-9 unit. He said they now need to equip that vehicle and the only vendor able to provide the necessary equipment in Ray Allen. He said that vendor can supply the equipment at a cost of $2,130. He said this equipment will last the lifetime of the vehicle. Page 8 of 9 City of Saratoga Springs City Council meeting minutes Tuesday, March 6, 2001 Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the waive of bid with Ray Allen in the amount of $2,130 for equipment for the K-9 unit vehicle. Ayes all. ADJOURNMENT Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 8:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 9 of 9