City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, MAY 15, 2001 CITY COUNCIL ROOM 6:30 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: Bruce Brown, Deputy Commissioner, Public Works Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts Robert King, Deputy Commissioner, Public Safety Jeffrey Wait, City Attorney PUBLIC HEARING Saratoga Harness Track Zoning Amendment Mayor Kenneth Klotz said this is a public hearing on the proposed zoning text amendments to change the list of principal permitted uses and uses allowed by special use permits within the Institutional Horse Track Related District. The amendment also provides for a definition of a “pari- mutuel hotel”. He said the Council had received a favorable advisory opinion on the original petition from the City and County Planning Boards. He reminded everyone that this is the second public hearing. He said Commissioner Bernard Mirling had been working with the neighbors and the applicants to reach a compromise. He then asked Commissioner Bernard Mirling to summarize the events over the last few days. Commissioner Bernard Mirling said there have been some changes to the text of this ordinance as well as some movement of items from permitted uses upon site plan review to permitted uses upon special use permit and site plan review. He said permitted uses upon site plan review include: arena (not to exceed 5,000 seats); equine sports, show and events; indoor events; trade shows, business shows and sales, sporting events, concerts performance and ceremonies; horse related retail shops and services for on premise employees or licensed horsemen; boarding of horses and outdoor food booths and stands in connection with approved outdoor events. He said items now listed under permitted uses upon special use permit and site plan review include: outdoor events; non- Page 1 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 equine sports, concerts performance and ceremonies (except races, time trials and other competitive events which involve operation of motor vehicles); conventions and business meetings; and swimming pools for horses. Mayor Kenneth Klotz opened the public hearing. Tom Torgenson, 258 Caroline Street, said he remembered all too well the U-2 concert. He said the volume of that concert was so loud that it was heard in Malta. He said he contacted Senator Bruno’s office but got no help and then contacted the City police department but was told it was an approved event. He said there are many older individuals living in this neighborhood and as far as he was concerned this was disturbing the peace. He said he had also spoken to Assemblyman Bobby D’Andrea and they had a good exchange on the matter. He said this proposal would disrupt their lives. Alan Justin, 18 Nelson Avenue said that per Mayor Kenneth Klotz’s recommendation, discussions were held between the neighbors and the applicant. He said Commissioner Bernard Mirling spent many hours negotiating this matter as well as crafting language and he supported those efforts. He pointed out though that if this change is approved for the harness track, it affects all of the Institutional-Horse Track Related districts. Therefore, it affects much of the east side. He said he talked to many homeowners in this area all of who feel uniformed and oppose this proposal. He said these property owners feel they need more time to review this proposal. He said they were worried that the proposed changes do not reflect the needs of the district. He then suggested that perhaps the Mayor establish another committee to study this issue. Tony Izzo, Assistant City Attorney, confirmed that if this proposal is adopted by the Council it affects the entire district and not just this parcel. He then informed the Council that Charlotte Justin submitted a petition this evening in opposition to this request. He said he had not yet had time to review and verify the signatures though. Tony Izzo explained that according to Section 83 of the General Municipal Law, if the signatures on the petition reach a certain threshold, a four- fifths majority vote would be required. He then listed those thresholds. He said if the Council chooses to take action this evening and does not obtain a four-fifths majority vote, then the vote would be contingent upon verification of the signatures. Commissioner Michael Lenz asked if there was any way to alter this application so that it was for the harness track only and not the entire district. Tony Izzo said that would require the creation of a new district which in turn could be construed as spot zoning. Commissioner Michael Lenz asked for clarification on exactly what parcels would be affected. Geoff Bornemann, City Planner, displayed the zoning map and showed the parcels. Mayor Kenneth Klotz asked if there were any proposals to build at the flat track. Tony Izzo said Page 2 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 he was not aware of any at this time. Commissioner Michael Lenz clarified that under the existing zoning, a hotel could be built at the flat track. Geoff Bornemann said yes upon the issuance of a special use permit. He said pari-mutuel hotel needed a better definition though. Commissioner Michael Lenz asked if anything would change in that regard under this new proposal. Geoff Bornemann said there would now be a definition. Judith Bell-Smith, member of the Downtown Business Association, said she had previously submitted survey results to Council members. She said questions such as: were the downtown business owners aware of this project (100 percent said they were); would this proposal compete with the downtown (83 percent said yes); would this proposal impact your business (92 percent believed there would be a negative impact); should the DBA take a stand on this issue (87 percent said yes); and 95 percent of the DBA is opposed to video gambling. Skip Carlson submitted 500 signatures from individuals who support this proposal. He said signatures include employees, neighbors and patrons of the track. He said he believed the discussion this evening really centered around the arena. He said on February 21 the Planning Board issued a favorable advisory opinion and further noted that it was consistent with the City’s master plan and the zoning ordinance. He said there are, unfortunately, some misperceptions. He said the footprint of the building is 60,000 square feet and there is a maximum 5,000 seating capacity. He said this would be a multi-use facility. He said they are proposing four uses: trade shows, equine events, concerts and amateur youth sporting activities (at least 20 percent of the time). Skip Carlson said in order for the harness track to remain viable, they need vision and diversity. He thanked the Council members who had spent so much time working on this matter to achieve a compromise. He said additional advantages to granting this request: jobs would be added, it would benefit the tax base, increase in tourism, it benefits the employees, and the majority of the citizens of Saratoga Springs would be better with this proposal. He said Council members should review this project on its merits and he encouraged them to approve the request. Rev. Jay Eckman, Presbyterian Church, said there is a clear and present danger with this proposal. He said he appreciated the presence of the track and said it should continue in this community. He said though that there are no harness tracks in the country that operate successfully on their own. He said their salvation has been the introduction of casino type gambling. He said he understood that Frank Fitzgerald, Equine Sports Center representative, was not excited about having slot machines, however, if faced with that opportunity he said it would be done tastefully. Rev. Jay Eckman said slot machines are addictive and the Council needs to consider this issue carefully. He said the Council should consider having an outright ban on slot machines and video lottery terminals. Sandra Hutton, 55 Gridley Avenue, said she owns a large parcel abutting the harness track with Page 3 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 about 250 feet road frontage. She said she did not want to see this track change and was concerned that there could be “condos and kids” if the track is no longer viable. She said she supported the diversification. She said the proposed arena is within the City limits and she believed that patrons of that facility would go to the downtown area. Chris Arpei, 2 Nelson Avenue, said she opposed this request. She said she was very concerned with increased traffic and the change to the character of the neighborhood. She said the harness track is wonderful and she wanted it to remain a harness track. Gene Fallick, Jefferson Street, said he has lived next to the harness track for 20 years and they have been good neighbors. He said he had lived through the concerts and country fests and agreed there was traffic and noise from those events, but pointed out that residents in this area live the entire thoroughbred racing season with those same problems. He said the harness track does not have nearly as many events as there are days in the thoroughbred racing season. He said the harness track handles their own security for events. He also pointed out that on a quite night he can hear the cars racing at the Malta speedway and the bands playing at SPAC and the harness track is not proposing events that large. He said this is a good proposal for this community. Dawn Oech, owner of Candy Gram and Downtown Business Association member, said the downtown area is a great attribute for this City. She said this proposal will hurt the downtown. She pointed out that the City already has a convention center that provides the downtown businesses with patrons. She said this proposal could take away year round traffic that comes to shop downtown. Charlotte Justin, Nelson Avenue, said she appreciated Commissioner Bernard Mirling’s efforts on this matter. She said the arena is not the issue if there are only 2,500 permanent seats. She said this is about more than just the arena. She said she had a problem between the zoning ordinance and the ordinances that individuals use to seek remedy when there is a problem. She said the ordinance is where people go to get help. She that neighbors need to be notified when there are proposed changes to the use. She suggested that perhaps the length of time for special use permits be limited to two years. She said another issue was the hotel with 200 rooms and wagering available in those rooms. She said if the slot machines and video lottery terminals were not important to the applicant then they should eliminate that from their proposal. She said she recognized that there had been concessions by both parties and she appreciated the efforts. She again thanked the Council and Commissioner Bernard Mirling for working on this issue. Mike Toohey, Chair of the City Center Authority Board, said the City Center Authority has been interested in the proposal since its inception and they now believe that with the modifications and the good faith efforts that the project should move forward. He said the original plan was purely horse and horse related activities and that has now grown so that horse related activities are minimal. He said the City Center Authority’s concern is development of the downtown area. He said they believe that special events should be reviewed on an individual basis to obtain a special use Page 4 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 permit. He said he did not believe events at the arena would bring business to the downtown area. He said the downtown should remain the focal point but he also understood that there must be a balancing act. Frank Fitzgerald said it was incorrect to state that all harness tracks are going to slot machines. He reminded everyone that the flat track, because it is owned by a governmental agency, does not need to appear before the City for its projects. He informed Council members that they have not had any wild concerts in the last five years and have held only family concerts. He said currently there is a Sysco show at the track which is a very quiet event. He pointed out that residents in this area must put up with the flat track for 36 days each year which is more than the amount of events they plan to schedule. He said he spends a lot of time and money in the downtown businesses and he has not heard one business owner voice concerns to him about this proposal. He said the harness track has been at this location for more than 60 years and they have been good neighbors. He urged the Council to take action this evening. Geoff Bornemann explained that according to legislation governmental entities (schools, state, NYRA, City of Saratoga, etc.) they are exempt from local zoning laws. He said NYRA could do almost anything they wanted at the thoroughbred track regardless of what action the Council took this evening. He said the City zones the parcel in case it should ever become privately owned. Bruce Levinsky said he supported this proposal. He said based on his dealings with the City, it is clear that there is a challenging checks and balances process. He said this proposal is good for this City and it is time for the Council to act. John Arpei, 2 Nelson Avenue, said he lives across the street from the track and this has become a full time thoroughfare. He said he has complained repeatedly about traffic and parking. He also pointed out that last year the harness track used so much water that he had no water pressure at his house. He said he called DPW with that complaint and got no help. He said the smell of manure is an issue, as well as lighting and noise. He said the rock concerts have not been well controlled. He said the big issue with him was the gaps in the proposed zoning ordinance. He said items such as “equine related” could included almost anything. He said parking is also an issue. He said the City should give some consideration to the residents of this area. He said it is difficult for residents to make investments in their parcels when they are continually impacted by these issues. He said this is a residential neighborhood and should remain that way. Sara Goodwin, 120 East Avenue, property owner on Nelson Avenue and member of the DBA, urged the Council to be careful. She said there are serious concerns being presented. She said they simply cannot rely on the good will of the applicant. She said it needs to be written down and controlled somehow. She said if the Council does not want gambling at the hotel, it should say so. Page 5 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Alan Justin asked if in 1999 did NYRA relinquish its rights in connection with local zoning issues. Geoff Bornemann said they are subject to the NYS building code and they need to obtain a building permit. Alan Justin asked if NYRA’s lease to run the track was going to expire in the near future. Commissioner Thomas McTygue said he believed that contract was renewed within the last few years. Alan Justin asked if the Council chooses to vote this evening, what exactly would they be voting on. Mayor Kenneth Klotz said that would depend on any amendments that might be made. Commissioner Michael Lenz asked if the existing definition allows for video lottery terminals. Geoff Bornemann said that would depend on whether those terminals had anything to do with horse racing. It was suggested by members of the audience that they have nothing to do with horse racing but rather are games of chance terminals. Frank Fitzgerald said video lottery terminals would be governed by the legislature and that should not cloud this issue. Commissioner Michael Lenz said if the Council chooses to vote this evening, they would not be supporting bringing video lottery terminals to the City. Commissioner Michael Lenz asked what is the life span of a special use permit. Geoff Bornemann said the Planning Board could have a permanent, temporary or renewable permit. He said the Planning Board also has the right to set any conditions on that permit. They can control items such as size, noise, activities, hours of operation, etc. He said they also have the ability to deny the request. He said that all outdoor concerts would require a special use permit. He said that neighbors within 250 feet of the parcel would need to be notified. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:45 p.m. ACCOUNTS OFFICE Saratoga Harness Track B Vote (01-071) Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to approve the amended Saratoga Harness Zoning Amendment application as presented (Attachment A). Mayor Kenneth Klotz said there has been a good amount of discussion among the parties with substantial agreement. He said it was his understanding that generally most people do not oppose the arena. He said he opposes gambling and slot machines though. He said he hoped the proposed amendments substantially addressed the concerns. He said it is simply not possible to nail down every issue and that faith and trust played a part. Page 6 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Tony Izzo said as long as the amendments were not substantial they would likely not be challengeable. Commissioner Thomas Curley asked Michael Toohey if the City Center Authority Board was comfortable with this proposal. Michael Toohey said the City Center Authority wants the Harness Track to remain viable and it is their position that special use permits should be issued for certain events. Commissioner Thomas Curley asked Judith Bell-Smith if the Downtown Business Association was comfortable with this proposal. She said this was a good compromise. She asked though about the six to eight outdoor concerts. Commissioner Bernard Mirling said there were so many drafts of this document that he neglected to clarify that the outdoor events had been moved to permitted uses upon special use permit and site plan review. He said he believed that was a better way to handle that issue. Michael Toohey said through the special use permit process, the applicant will need to be very clear and precise on what they are proposing and enforcement would come through the issuance of that permit. Tony Izzo agreed that the applicant will need to provide adequate information on the type of outdoor event that is proposed. He also noted that NYS Fire Codes have a lot to say about what can be done. Commissioner Bernard Mirling said he believed that the impact on the neighborhood would likely drive their decision. Mayor Kenneth Klotz said it was his understanding that the hotel would be limited to horse racing wagering at this time. Commissioner Thomas Curley asked Skip Carlson and Frank Fitzgerald if they were comfortable with this amended proposal. They said yes. Commissioner Michael Lenz said under existing zoning, a pari-mutuel hotel is allowed with the issuance of a special use permit. He said he was concerned at this time with what is already happening at this location and the proposed zoning amendment appears to make it more restrictive. He said this proposed zoning amendment will provide the means for area residents to address their concerns before the Planning Board. He said he too was also concerned with the impact on the downtown businesses, but there had been compromises and the City cannot preclude certain levels of competition. He said this appeared to be a good middle ground. He said he believed the Council did not support gambling, other than horse related, and the definition will address that issue. Commissioner Michael Lenz clarified that if there was not a four-fifths majority vote the signatures on the petition would then need to be verified. Tony Izzo said yes. Commissioner Thomas McTygue said he took exception to some of the statements made by John Arpei in connection with calling DPW and receiving no response. He said DPW informed the harness track that they could only use the water during the night and they also encouraged them to dig some wells. He said recently they denied a request from the flat track to install a larger water line Page 7 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 and they again encouraged them to dig some wells. He said his department does react to complaints. He pointed out that recently, even though Crescent Avenue is a county road, his department installed utility poles to eliminate some of the parking and to help with safety concerns. Commissioner Bernard Mirling thanked everyone who worked with him over this past week. He reminded everyone that the harness track had been in existence for the last 60 years and if residents were concerned about what was going on at that location then perhaps they should not have purchased a home in this area. He said issues such as noise and traffic can be revisited through the ordinance. He also said if video lottery terminals becomes an issue they will address it and deal with it at that time. Ayes all. PUBLIC HEARING Local Law #3 2001 B Delegate Powers to the Chief of Police Mayor Kenneth Klotz opened the public hearing on Local Law #3 2001 B Delegate Powers to the Chief of Police. He explained that this would give the Chief of Police executive powers in emergency situations. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. MAYOR=S OFFICE Authorize the Mayor to Sign Continuum of Care Grant Application Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to sign the continuum of Care Grant Application. Brad Birge explained that this is a combined effort of several organizations to apply for this grant. He said the City is the lead agency on this grant application. Ayes all. West Avenue Project -- Update Storm Sewer: Paul Male said the storm sewer work is approximately 80 percent complete. He said the remainder of this work should be completed by the end of June. Sanitary Sewer: Paul Male said the sanitary sewer work is about 50 percent complete. He said there had been a problem with rock in this area so the work had been somewhat slower. Page 8 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Water Main Work: Paul Male said the water main work is about 85 percent complete and this work should be completed by the end of June. Traffic Signal Work: Paul Male said the traffic signal work is approximately 30 percent complete. Reconstruction Work: Paul Male said the reconstruction work is approximately 25 percent complete. He said the reconstruction work from the south end of the project to Congress Avenue is complete and the east side of West Avenue from Congress Avenue to West Circular Street is complete and two-way traffic is running. He said the next stage of the reconstruction is along the west side of West Avenue Between Congress Avenue to St. Charles Place and that work should be completed by the end of June. He said they anticipate paving throughout the entire project into late September to early October. Commissioner Thomas McTygue asked about the grade difference and how that would be remedied. Paul Male said there is about a foot and a half drop and some grade will be moved to align the surface. Mayor Kenneth Klotz said he recently received a letter from Matthew Jones, West Avenue property owner, concerning the special assessment district’s participation in this project. Matthew Jones said on April 4, the West Avenue Special Assessment District passed a resolution in which they asked the Council for a 50/50 split on the sharing of the project costs. He said they are also requesting that the Council allow the SAD to repay their share over 25 years rather than 15 years. Matthew Jones said he hoped to return to the next Council meeting with more information. West Circular Street B Update Paul Male said West Circular Street was paved with dense binder on Friday. He said there was a delay on that project because of the old pipes that were discovered and needed to be replaced. Mayor Kenneth Klotz asked how those unanticipated items would be paid for. Paul Male said they would work with the developers in this area and they will bear the cost. Big Brothers/Big Sisters -- Report Mayor Kenneth Klotz thanked City employees for participating in the recent Big Brothers/Big Sisters fundraiser. He said the City raised approximately $5,000 for this organization. Older Americans Month -- Proclamation (01-072) Mayor Kenneth Klotz said he recently issued a proclamation for Older Americans Month and presented that proclamation to the residents at the Saratoga Hospital Nursing Home. He said Page 9 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 there was a wonderful ceremony to both entertain and salute those individuals. Approve Payment to KPMG (01-073) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the payment for services rendered by KPMG in the amount of $31,201. He said he had anticipated a cost of between $25,000 and $30,000. Commissioner Michael Lenz said he had some recollection that the Council had already approved an amount in connection with this project. Mayor Kenneth Klotz said the Council had approved a budget of $25,000 but not the actual expenditure. He said it would be necessary to use the contingency fund for the remaining $6,201. Commissioner Michael Lenz said he would like it clear in the motion that $6,201 should come from the contingency. Commissioner Michael Lenz said although he did not initially vote in favor of hiring this company, he would, however, support the payment of the bill. Ayes all. Resolution Honoring William A. Phillips (01-074) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to confirm the recent approval by memo honoring William Phillips under the Deceased Veterans Program. Ayes all. Upgrades Mayor Kenneth Klotz said he would not bring this item forward this evening for a vote because he did not believe at this time he had full support of the Council. He said these are proposed upgrades that he had been discussing for quite some time. He said there is one small routine upgrade, a few for professionals for meeting workload problems by increasing their hours; and one individual who deserved a substantial upgrade. Mayor Kenneth Klotz said he understood there had been some conversations on bringing in a consultant to perform a citywide audit to look at positions and salaries. Commissioner Bernard Mirling said he would talk to a consultant tomorrow on this matter. Arts Council Assistance -- Vote (01-075) Mayor Kenneth Klotz proposed that the City should assistance to the Arts Council in the amount of $30,000. She said this organization provides a great service to the community and this would be an appropriate way for the City to invest in a community organization. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to provide assistance to the Arts Council in the amount of $30,000. Commissioner Thomas McTygue said the City already has an agreement with the Arts Council in Page 10 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 the amount of $30,000/year for rent. He pointed out that the Arts Council is a county organization. He reminded Council members that the Council recently relinquished the required $23,500 for capital improvements from that agreement with the Arts Council. He said the County and towns should be approached about and asked to work with the City on this issue. He said there is no question that this organization benefits the community, but the City already has given up $23,500. He said contributing $30,000 to the Arts Council sets a major precedent and he would not support this proposal. Mayor Kenneth Klotz agreed that the County should be contacted and they should support such a request. Commissioner Michael Lenz asked if the County financially supported the Arts Council. Supervisor Phil Klein, from the audience, said the County recently awarded a grant to the Arts Council. He agreed there was some merit in approaching the surrounding towns. He encouraged the Council to support this motion though. Commissioner Michael Lenz said there is a ten-year contract between the Arts Council and the City and the City recently waived the $23,500 capital amount fee. He said he would feel more comfortable at this point in approaching the county. He also noted that the $30,000 figure is a number that the Arts Council has suggested and perhaps some research should be done to see if that is a sufficient number. He said perhaps some thought should be given to renegotiating that contract. Commissioner Bernard Mirling said there are approximately 41 arts centers throughout New York State and in most cases they occupy their space rent free and some also receive operating funds. He said generally most arts councils are run by the county but the city provides the rent free space. He said it was important that the City make a commitment to the Arts Council. He said the Arts Council is somewhat similar to a library in that it is like an educational institution. He said the City needs to recognize the value of the Arts Council and this $30,000 was a small contribution. Commissioner Michael Lenz asked that if this motion was approved would the City be waiving the amount of rent for the remainder of the year. Mayor Kenneth Klotz said it was his idea that the City would simply issue a $30,000 check to the Arts Council. Commissioner Thomas McTygue reminded Council members that the City still owns this building and this building will require maintenance. He said there are many cities out there that continually give money away and then go to the state legislature to asked to be bailed out. He informed the Council that the Recreation Department would required approximately $10,000in the very near future to replace some equipment. He said the City has obligations that it must meet. Commissioner Bernard Mirling said while the City values its recreation program it also needs to value its arts program. Commissioner Thomas McTygue said the City has already reduced the Arts Page 11 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Council contract by $23,500. Commissioner Thomas McTygue asked if this was a one time request or would this be yearly. It was noted that the Arts Council has spent about $450,000 on a City owned building by adding an elevator, ADA handicapped accessibility, and general maintenance. Commissioner Michael Lenz asked where the funds would come from. Mayor Kenneth Klotz said there are funds in the contingency fund and there would be additional funds of approximately $430,000 from the County. He said there is a fund balance of $6.5 million of which $5.5 is unrestricted. Commissioner Michael Lenz said the unrestricted amount is $4.5 million. William McTygue, Director, Utilities, DPW, said there are improvements such as boiler replacement and asbestos abatement that needs to be done at the Arts Council building and he wondered where the funds would come from to do that work. Deputy Commissioner Christine Gillmett-Brown said there is about $28,000 remaining in the Arts Council capital account. Commissioner Bernard Mirling said this was simply a good thing to do. He said this amount of money is small enough and given the fund balance that the City maintains it would not make a significant difference. Commissioner Thomas McTygue agreed that it was a small amount of money, however, he said the County should be approached and asked to match this grant. Commissioner Bernard Mirling said the City should step up to the plate first and then ask the County to join in. Commissioner Michael Lenz asked if the Arts Council was facing a deficit in their operating budget. Commissioner Bernard Mirling said yes. Ayes: three; Nays: two (Commissioners Michael Lenz and Thomas McTygue). Motion carried. Senior Citizens Task Force Mayor Kenneth Klotz said that he would appoint a Senior Citizens Task Force within the next few weeks. He said that task force would be charged with developing a needs study. Sales Tax B Discussion Mayor Kenneth Klotz said a workshop was held recently on this matter and the next step in this process is to inform the County on whether the City wants to participate in the sales tax formula. He said the City has until the end of June to make a decision. Commissioner Michael Lenz said he was unable to attend the workshop. He then pointed out a few typographical errors that needed correction. He also said he needed some clarification on a few issues. Mayor Kenneth Klotz suggested that Commissioner Michael Lenz call Rick Hammon of KPMG directly for specific details. Page 12 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Commissioner Michael Lenz said it was his understanding that KPMG was one of the top five accounting firms in the world and according to their conclusions, this study is not definitive on whether the City would benefit by opting out of the formula. He noted that in 1996 then Commissioner Kenneth Klotz made a motion to opt out and if the City had opted out at that time, there would have been a cumulative loss to the City of more than $2 million. He said the Council needs to be careful. He said the City should try to get a larger share of the sales tax from the County, but it would likely be difficult to get a larger share by using this study. Mayor Kenneth Klotz said this is a conservative study and which KPMG had been cautious in developing. Commissioner Michael Lenz said the trend indicates that it would be beneficial to the City to opt out of the formula. Mayor Kenneth Klotz said he did not want to force the issue with the County and certainly did not want to make this a threatening situation. Commissioner Michael Lenz suggested the Mayor consider working with the supervisors and perhaps the Mayor making a presentation before the County Board of Supervisors. Commissioner Bernard Mirling suggested that the supervisors make the presentation. Mayor Kenneth Klotz said he would seek the advice of the supervisors on that issue. Technical Consultant for Comprehensive Plan Mayor Kenneth Klotz said there should be some consideration given to utilizing a technical consultant to assist in drafting the zoning ordinance language. He asked that Council members consider that recommendation. Comprehensive Plan Review Committee Jeffrey Pfeil, Chair, Comprehensive Plan Review Committee, said they are nearly complete with their work. He said they have had a lot of public comment and that comment needs to be incorporated into the document. He said they hoped to have that comment included by the end of the week and send a document to the Council early next week. He said they now request that a public hearing be set for June 5 at 6:00 p.m., forward the document to the County for a 30 day period and then vote on the document either June 19 or July 3. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Council accept the document for review and that it be referred to the County for an advisory opinion. Ayes all. ACCOUNTS DEPARTMENT Approval of May 1 meeting minutes Page 13 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the May 1, meeting minutes. Ayes all. Hand Held Ticket Issuance Device Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo to award the bid for Hand Held Ticket Issuance Devices to Electronic Data Collection of Syracuse for $19,305. Ayes all. Saratoga Harness Zoning Amendment B Vote Previously discussed. 16 Minor Zoning Amendments B Vote (01-076) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for the issuance of a negative SEQR determination and the adoption of the 16 zoning amendments as proposed by the Planning Board (Attachment B). Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to amend the motion by removing items #6 (kennels) and #12 (color review). Ayes all. Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to amend the motion by removing remove item #3 (soil disturbance). Ayes all. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to amend the motion by removing items #7 (bed and breakfast) and #9 (auto sales & services). Ayes all. Ayes all on amended motion. Approval for Mayor to sign contract with Escot Executive Service Corps (01-077) Commissioner Bernard Mirling said in response to the Comptroller’s report on the Recreation Department he had interviewed Escot Executive Service Corps and they bring a substantial amount of expertise to this matter. He said this is an organization of retired executives and managers who will donate their time to the City to review this issue. He said there is a maximum charge to the City of $2,000 for office expenses and $250/day maximum for travel expenses. Commissioner Bernard Mirling moved and Commissioner seconded to authorize the Mayor to sign the agreement with Escot Executive Corps and to begin work on this project. Ayes all. Page 14 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Open Space Bond Referendum Commissioner Bernard Mirling announced that he established a working group to study the open space issue and this group would consist of Charles Morrison, Sally Hart Brown, Amy Durling, Beth Hershonhart, Patricia Saulkin and Bill Gorgos. He said the group will begin meeting next week. Marshall & Sterling Risk Management Commissioner Bernard Mirling said Marshall & Sterling representatives have agreed to spend May 22 & 23 in the City to conduct a public entity risk assessment. He said the purpose of this assessment is to evaluate risk management practices. He said upon completion of this assessment a written report with recommendations would be forwarded to the City. NYRA Sidewalk Contract (01-078) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the contract with NYRA concerning sidewalks at Lincoln Avenue. Commissioner Bernard Mirling said there have been some public safety concerns at Frank Sullivan Way & Lincoln Avenue in connection with the vendors. He explained that according to this agreement NYRA has agreed to install sidewalks along Lincoln Avenue which in turn would eliminate the vendors from locating at that entrance during the racing season due to the lack of space. He said there would be a loss of revenue to the City from vendors, however, NYRA has agreed to lease the parking area that is used for the Recreation Department for $1/year. Mayor Kenneth Klotz said this is a good example of working cooperatively. He said the City gets sidewalks, the public safety issue is resolved and we now lease parking space at a bargain rate. Ayes all. FINANCE DEPARTMENT Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: May 4, 2001 - $284,235.05 and May 11, 2001 - $293.069.38. Ayes all. Page 15 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and payment of the 2MAY01 #2 - #27 as follows: General Fund $ 138,394.88 City Center Authority 4,601.57 Water Fund 74,187. 05 Sewer Fund 19,695.28 Capital Projects Fund 160,708.40 Special Assessment District 175.00 Trust Fund -0- Debt Service -0- Community Development $ 4,466.39 TOTAL $ 402,228.57 and MC010509 #2 - #5 as follows: General Fund $ 12,411.47 City Center Authority 8,381.57 Water Fund 31,963.41 Sewer Fund 348.61 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development $ -0- TOTAL $ 53,105.06 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as presented (Attachment C). Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment D). Ayes all. Page 16 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Financial Report -- Month End April 30, 2001 Commissioner Michael Lenz distributed the April 30, 2001, month end financial report. He said departments should be at about 33 percent and they are at about 32 percent. National Speed Skating Hall of Fame (01-079) Commissioner Michael Lenz said Assemblyman Bobby D‘Andrea recently spoke to him regarding the National Speed Skating Hall of Fame. He said the City is in the running as one of the locations for the hall of fame. He said Assemblyman Bobby D’Andrea will meet with the organization on May 18 and he asked that the City support his efforts in having the hall of fame located in the City. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded that the City support Assemblyman Bobby D’Andrea’s efforts in having the National Speed Skating Hall of Fame located in the City and to further authorize the Mayor to send a letter showing the City’s support. Ayes all. DEPARTMENT OF PUBLIC WORKS 195 Division Street Commissioner Thomas McTygue said he had been working with the code enforcement officer on an inspection at 195 Division Street. He said based on the report from the Code Enforcement Officer and the City Attorney a notice of violation had been filed with the administrator of the estate for this parcel. He said there is an opportunity for the administrator of the estate to contact the City’s Building Inspector before the building is removed. He said a removal date of June 15 had been set and if not complied with by the administrator, the City could remove the structure and the cost assessed to the taxes. Waive of Bid B Pallette Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to waive the bid to Pallette Stone Corporation for the following items: pavement profiler with operator $3,900/day trim machine with operator $1,500/day 260 paver-10'screen with operator $1,800/day vibratory roller (Bare, no operator) $ 550/day vibratory roller with operator $ 950/day Ayes all. Waive of Bid -- Afsco Fence Page 17 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to confirm the previous approval by memo for the waive of bid to Afsco Fence in the amount of $2,900. He said the money was in the capital account. Ayes all. Spring Brook Run Account -- Amend Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to amend the Spring Brook Run Account and transfer $2,400 from the Capital Landfill Closure account to the Spring Brook Run account for water testing. Commissioner Thomas McTygue said this testing was mandatory. Ayes all. Gilbert Road Property (01-080) Commissioner Thomas McTygue said there was the possibility of using this site for recreational facilities for 2001-2003. He explained that the property owner, Raymond Kuchesky, was not looking for compensation from the City to use this land, but rather simply wanted improvements to the drainage. Commissioner Thomas McTygue said he estimated the drainage work would be approximately $7,500 for materials and $9,000 for labor. He said the only actual expense would be for the material. Commissioner Thomas McTygue said he has asked Assistant City Attorney Tony Izzo to draft an agreement for the Council’s approval. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the agreement for the use of the Gilbert Road parcel for 2001-2003 contingent upon the Recreation Commission’s approval. Ayes all. DEPARTMENT OF PUBLIC SAFETY Authorization for Mayor to sign School Resource Officer Grant Application (01-081) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the School Resource Officer Grant Application. Commissioner Thomas Curley said this is for a second officer. Ayes all. Emergency Medical Services Task Force Study Commissioner Thomas Curley informed the Council that the Emergency Medical Services Task Force recently held their first meeting. He said they will review the ten year old study and existing emergency services. Page 18 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2001 VanDam/Clinton Streets Traffic Signal Commissioner Thomas Curley reported that the traffic signal at Van Dam & Clinton Streets was now working. He thanked his staff for the many hours of worked put in on this project. Waive of Bid B Telephone Service Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid for telephone service from Front Runner Corporation in the amount of $1,245.36 for the central dispatch department. He said this work includes installation, wiring and modifications to the system. Ayes all. Executive Session Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn to executive at 9:50 p.m. Ayes all. Council members return at 9:55 p.m. Herzog Case (01-082) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to appoint Assistant City Attorney Tony Izzo to represent the City in the Herzog case at $90/hour. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:55 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:55 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 19 of 19