City Council

City Council Meeting Minutes Tuesday August 7, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY, August 7, 2001 Present: Mayor Kenneth Klotz Commissioner of Public Safety, Thomas Curley Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Accounts, Bernard Mirling Staff Present: City Attorney Jeffrey Wait Deputy Commissioner Bruce Brown Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Carol Kennedy Deputy Commissioner Robert King Also Present: Supervisor Phil Klein Supervisor Anthony Scirocco PUBLIC HEARING Mayor Kenneth Klotz opened the Public Hearing at 6:50 pm. He said that the public hearing was on a petition from Craig Skevington for a zoning map amendment that would change the zoning of his property at 700 Crescent Avenue from Water Related Business District to that of Rural Residential One. He stated that the petition has received a favorable advisory opinion from both the City and the County Planning Boards. Mayor Klotz asked for questions from the City Council and he asked if anyone in the audience wished to speak. In that there were no questions from the audience and no further discussion from the table, Mayor Klotz closed the Public Hearing at 6:53 pm. CALL TO ORDER Mayor Klotz called the City Council meeting to order at 7:00 pm. PRIVILEGE OF THE FLOOR Mayor Klotz said that Mary Song had wanted to speak in regards to an item on the Public Works agenda, item number three, the Scoping of Saratoga Lake. Mary Song said she had questions on the seeking of alternative sources of water. Mayor Klotz explained to her that the privilege of the floor is an opportunity to express an opinion about an item on the City Council meeting agenda. She said that basically there are several areas of concern in the scoping document including how the alternate sources of water are being studied. She said she would like the study to look at the Upper Hudson not only as part of what has been proposed as a County Water Authority, nor that the City should buy their water from Queensbury, but instead the City might possibly put a pipe in and develop its 1 City Council Meeting Minutes Tuesday August 7, 2001 own treatment plants perhaps with other communities. She said in summation that she wants these other sources to be looked at seriously with enough funding put in place that the City can do an adequate assessment of where the City should get their water. Commissioner McTygue said that the third item on his agenda regarding the authorization for further scoping on Saratoga Lake deals with all of the concerns that Mary Song mentioned. MAYOR'S DEPARTMENT Saratoga Lake Association: Weed Control Program Mayor Klotz introduced Dr. Dweck of the Saratoga Lake Improvement and Protection District. Mayor Klotz said that the organization listed on the agenda is the wrong one, so he asked Dr. Dweck to explain the difference between the two organizations. Dr. Dweck said that the Saratoga Lake Association is a group of people interested in the lake itself. The group is comprised primarily of property owners around the lake, and the dues are twenty-five dollars per year, and their missions are road clean up, eliminating water pollution, the zebra mussels and the water source project. He said that they are a group that is interested in the continuation of using the lake for recreational purposes and preserving the lake. He said that the Saratoga Lake Protection and Improvement District was formed as a governmental body charged to supervise, control and basically take care of Saratoga Lake. Dr Dweck said he is not sure of the exact ideas behind the formation of this group but there was legislation involved. He said that there was one commissioner appointed from each town and municipality and one at large. Dr. Dweck said that he is now the Commissioner at Large and is representing “SLIPD” tonight. He said that a few weeks ago his board passed the budget that he circulated among the City Council members. He said that in the past each of the towns and the County gave a certain amount of money annually to help with the organization’s budget. He said that the previous five years, including 2001, the City of Saratoga Springs gave $3750 and the other towns gave $2500. He said that the organization feels that their normal operating expenses have gone up tremendously, for example there are now three employees rather than two harvesting the weeds on the Lake. He said he is asking for ten thousand dollars from each of the towns and Cities and for ten thousand dollars from the County because their budget needs to be increased. Mayor Klotz questioned the budget item under expenditures in the proposed budget, professional fees: water source - $100,000. Dr. Dweck said that is an expense that is dealing with the City’s water source project that might pay for Engineers, possibly legal representation. Dr. Dweck said that five Commissioners on the SLIPD Board are not in favor of the water source project, but Dr. Dweck said he understands that the City needs more water or will need more water and has to get it from some place. He said that the group wants the Lake to stay the way it is but that somehow the two entities must work together to establish a winning solution for all involved. He said that the one hundred thousand dollars is a projection of professional expenses that is going to come from an 2 City Council Meeting Minutes Tuesday August 7, 2001 increase in the Ad Valorem tax from the property owners. Mayor Klotz asked if SLIPD would be opposed to using Saratoga Lake as a water source even if it had no effect whatsoever on the recreational uses of the Lake. Dr. Dweck said it was difficult to answer for five people, but he said he is certain that recreation is the primary concern, although some are worried about the water levels. Mayor Klotz said this is something that the council may want to think about because they want to work cooperatively with the SLIPD, but he is concerned that there is a possibility that what the City would be funding is lawsuits against the City because the group is asking for money from the City but there is a large item that seems to be for legal expenses. Dr. Dweck denied this. Mayor Klotz asked Dr. Dweck if he would consider an agreement that the City would give ten thousand dollars for weed control, but the district would agree to reimburse the City for any legal expenses it incurred as a result of any lawsuits that SLIPD directed toward the City. Mayor Klotz wondered if it would be conceivable to put into the agreement that the City would give the district ten thousand dollars toward the budget, but in the agreement it would state that if SLIPD initiates a lawsuit against the City, that SLIPD would bear the City’s legal expenses so that the City would not face further expense when it is helping the district. Dr. Dweck said that he would have to bring that agreement to his commission for a vote. Mayor Klotz said he would love to see some language where the district and the City agreed to an open exchange of information, a commitment to acting on the basis of factual data and objective studies of this matter, including to expand the agreement a little to develop a relationship where the two entities are working constructively together. Commissioner McTygue said that there are some documents that Dr. Dweck could take with him tonight if he signs an affidavit. He said that Dr. Dweck might want to stay through the public works agenda to hear the information that will be presented in the discussion of further scoping for Saratoga Lake. Commissioner Mirling said that the water source issue could be confusing. He said that it is obvious that doing anything that would restrict the use of Saratoga Lake would restrict the property values of the people who lived there and would have a detrimental effect on the economic impact of the lake. He said, therefore as a City councilman he does not want to do something that is going to be harmful to his fellow citizens in general, he feels it would also be foolish and detrimental from the City’s standpoint. He wants everyone to understand that as the possibility of Saratoga Lake as a potential water source and as other alternatives are studied, if the facts that are received indicate any possible detrimental effects from using the lake as a water source then the City council should not support it. He said that at this time, the emphasis should be on gathering information and being prepared to react according to what that information is. He said that it is important to note that it is not in the best interest of the City Council to do anything detrimental to the lake anymore than it is in the interest of the people that live on the lake or own property there. 3 City Council Meeting Minutes Tuesday August 7, 2001 Upgrades Mayor Klotz said that at Commissioner McTygue’s request he is going to schedule one more meeting on the upgrades for City Hall employees. He said he hoped to be voting on the ones that have been proposed for many months but he is willing to have another meeting in an attempt to come up with a package upon which everyone can agree. Mayor Klotz said he would have Linda Benton call around for availability and tentatively schedule a special meeting possibly on Thursday August 16 at 6:30 pm to go directly to Executive Session to discuss upgrades. The Mayor said that no formal action would be taken, but the City Council must meet as a council and then retire to executive session. Commissioner Curley asked if he could bring his proposed upgrades to the executive session also. The Mayor said that anyone of the Commissioners who have such proposals could bring them to this special session. Endorse State Legislation Regarding Historic Housing (01-123) Mayor Klotz said he would like City Council support for him to send a letter to the appropriate organizations endorsing legislation regarding Historic Housing. There are two pieces of legislation that the legislature is considering: One is a part of a large international code project and as an amendment to this code there is a section on the rehabilitation of existing structures. A number of organizations are encouraging the legislature to make this as flexible as possible so it is as easy as possible to preserve historic structures. Mayor Klotz thinks this is significant to the City of Saratoga Springs and he would like City Council support on this. Mayor Klotz said that the second and related piece of legislation is a proposal for New York State income tax credit for rehabilitation of historic homes and he would like the City Council to go on record supporting that as well. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded for the City Council to endorse the two initiatives toward historic housing as presented. Ayes all Authorize Letter from Mayor to Legislators Supporting NYRA’s OTB Proposal (01-124) Mayor Klotz said he has already sent a letter on his own without claiming council support regarding the New York Racing Association’s off-track betting proposal. The City of New York is recommending that OTB be sold to Magna Entertainment Corporation which is a private corporation based in Canada. Mayor Klotz said that the New York Racing Association had a proposal for the purchase of OTB which was not selected by the City of New York, but since the proposal needs to be approved by the New York State Legislature, he would like City Council support for the NYRA position. Mayor Klotz moved and Commissioner Bernard Mirling seconded that the City Council endorse the NYRA proposal to purchase OTB, thereby opposing the Magna proposal, and authorize the Mayor to represent that view in any further communications with the legislatures. Commissioner Lenz said that the County had a meeting today and endorsed NYRA. Phil Klein said that the County Racing Committee of which Supervisor Scirocco is a member met today and discussed the issue. Phil Klein said that a number of other people spoke on the issue of purchasing the New York City OTB. The County Racing Committee 4 City Council Meeting Minutes Tuesday August 7, 2001 adopted a resolution asking the Law & Finance Committee and the rest of the County Board of Supervisors’ support for a resolution that would go to all of the legislators of each surrounding county, and the New York State Association of Counties (NYSAC) explaining the economic impact of the decision that Mayor of New York City has made regarding the recommendation that MAGNA obtain the New York City OTB. Phil Klein said this decision effects virtually all of the racetracks in New York State, not only the three that NYRA runs. He said that the County intends to alert the legislation of the pitfalls of the decision that Mayor Guiliani would like to have the State Legislature and the Governor make. Commissioner Lenz asked who is ultimately responsible for such a decision? Supervisor Klein responded that the decision must be approved by both the Senate and the Assembly and then it goes to the Governor for his approval. Supervisor Klein said no one knows how the Governor feels about this legislation. Mayor Klotz said he wants to second what Supervisor Klein is saying because this sale to Magna could have a negative economic impact upon the racetrack in the City of Saratoga Springs. Commissioner McTygue said that the entire upstate region would be affected by this decision because the people brought to this region because of the racetrack stay in hotels and eat at the restaurants and shop in the stores of the upstate region. Commissioner McTygue said the key person to get the message to is Senator Bruno. Ayes all Presentation: Cities for Climate Protection Report Nikki Olsen, the City’s summer intern gave her final presentation on the Cities for Climate Protection Project findings. She said that she studied energy use by City operations and she took a community emission inventory. She said that emissions gases such as carbon dioxide and methane gas are released into the atmosphere and they trap more heat, and gradually this has brought on Global Warming which causes an increase in precipitation, an increase in hot days, lower levels in river flow, lake levels and ground water, and an increase in tick populations. Nikki said that in Saratoga Springs the percentages of emissions gas are 25% from Residential, 28% Industrial; 29% transportation, 21% commercial and 2% waste. Saratoga Springs is slightly above average with around 18 tons of emissions gas per person. She said that high amounts of energy use equals high costs. The largest contributors of gas emissions in this community are vehicle gasoline, industrial electricity, and commercial electricity. Nikki Olsen reported that in the base year of 1999, the percentage of gas emissions from water and sewage was 28%, and from City buildings was 36%. The Casino, Ice Rinks and the Drink Hall have the largest loss of energy, so the departments should look into existing insulation and windows and find out why there is such a high loss of energy in these buildings. She explained that the idea of this program is to pick a target year to aim for reducing energy use. She said the City should choose a reduction target for example to be at 10% below 1999 levels by 2010. She advised that the City should form a task force to identify 5 City Council Meeting Minutes Tuesday August 7, 2001 areas of energy inefficiency and adopt appropriate reduction measures, and reduce overall emissions. She said that the City should lead by example. Report: Real Estate Committee (01-125) Mayor Klotz said that this item is based upon a recommendation of the City’s Real Estate Committee. He called upon City Attorney Jeffrey Wait to explain. City Attorney Wait said that a homeowner in the vicinity of Staffords Bridge Road and Meadowbrook Road became aware that the City owned a small parcel, about 50’ by 250’on this intersection and they want to purchase that land. It is primarily wooded and wetlands and the potential buyers want to see it stay that way. The Real Estate Committee said they would sell it for two thousand dollars. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to accept the recommendation of the Real Estate Committee and accept the proposal of Alice Kaplan to purchase the parcel for $2,000. Ayes all Confirmation of Approval by Memo: Camp Saradac Trip Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to confirm a previous approval by memo of a change in the Camp Saradac trip schedule. Ayes all Confirmation of Approval by Memo: Solomon Northrup Day Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to confirm a previous approval by memo to provide $600 to help with the expenses of Solomon Northrup Day. Ayes all Declaration: National Alcohol and Drug Addiction Recovery Month (01-126) Mayor Klotz said he has been asked to announce the naming of September as National Alcohol and Drug Addiction Recovery month. He said this is an initiative of the Federal Department of Health and Community Services in collaboration with a lot of local organizations and so, on behalf of the City of Saratoga Springs, Mayor Klotz declared September as National Alcohol and Drug Addiction Recovery Month. Report: County Sales Tax Formula Mayor Klotz said that in the deliberations that the County has undertaken in regard to a new sales tax formula which would not include Saratoga Springs, there is an opportunity for this City to get an additional $400,000 in supplemental funding allocation. The group that studied the Sales Tax formula, KPMG, had noted that this opportunity was a possibility and that this kind of allocation would be available but it was not factored into their calculations. Mayor Klotz announced that the County has conceded that the City will get this amount. He said that this is good news and it confirms one of the conjectures made when the City Council decided that they should levy their own tax.. He said it more than erases the projection of the “worse case scenario” for a slight shortfall. 6 City Council Meeting Minutes Tuesday August 7, 2001 Commissioner Mirling reported about a news article that the County’s fiscal figures were available. He said he has been assuming that these figures were not obtainable from the County because that is what has been said. He said that if the County Chief Financial Officer can get the final fiscal figures then the Finance Commissioner of Saratoga Springs should be able to get these figures. Commissioner Lenz said he has called the Department of Taxation and Finance and the Office of Tax Analysis and requested these figures and indicated that the County got them. He said that that information will help the City internally, especially during the budget process. Commissioner Mirling does not see why the overall total aggregate information could not made public once these figures are obtained. Mayor Klotz said this information will help the council in their planning. Approve Cuccio Easement Request (01-127) Assistant City Attorney Tony Izzo explained that every so often someone does a survey of their property and finds out that a certain piece of their property encroaches on a City Right of Way. He said that this is an easement request regarding the house at 68 Beekman Street, owned by Chris Cuccio and Lynn Urell. He said that the over all encroachment onto City property is about six inches of a porch eve that overhangs in the City Right of Way on Oak and on Beekman Streets. This has existed since the 1930’s. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the easement request for 68 Beekman Street and authorize the Mayor to sign all documents required to bring about the transfer and grant the easement. Ayes all Appointments (01-128) Mayor Kenneth Klotz announced the reappointment of Jim Grande to the Downtown Special Assessment District. His term expired at the end of June and he is re-appointed effective July 1, 2001. Report: Impact of Pallette Stone Operations on Residential Neighbors Mayor Klotz reported that there was a meeting last week before the City Planning Board on the problem of noise and stone dust from the Pallette Stone Quarry. He said this problem has been extensive in the last one to two years concerning the operations of Pallette Stone on the west side of this City. The Mayor said he wants everyone to be aware that this problem has come repeatedly to the Mayor’s attention, and might be solved by a Noise Ordinance, but he will keep the City Council and the public informed. He said that the City Attorney is looking into options to try to come up with a win-win solution. Mayor Klotz said that neighbors say they are kept up all night with this company’s twenty-four hour operations, and they are worried about health risks due to the stone dust. Niagara Mohawk Easement: Children’s Museum (01-129) Assistant City Attorney Tony Izzo said that this is a Niagara Mohawk easement brought to his attention by Randy Martin. He said that in order to get appropriate service for the Children’s Museum from Niagara Mohawk, they have to run wires across lands of the 7 City Council Meeting Minutes Tuesday August 7, 2001 City on Lake Avenue. He said that it is a rather standard form of an easement: the power lines go across City property and Niagara Mohawk has the opportunity to go and maintain those lines as it sees fit. He said this is standard and nothing out of the ordinary. Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the Niagara Mohawk easement request and authorize the Mayor to sign all documents required to bring about the easement transfer and grant the easement. Ayes all Announcement: Charter Review Meeting Mayor Klotz wants to remind the City Council and the public that the next meeting for the Charter Review meeting with the City Council is scheduled for next Monday August 13, 2001 at 7 o’clock He said that the Charter Review has requested one more opportunity to hear from City Council members about their proposed new charter. Executive Session Mayor Klotz requested an executive session to discuss a labor contract. ACCOUNTS DEPARTMENT Approval of City Council Minutes Commissioner Bernard Mirling moved and Commissioner Michael Lenz seconded to approve the minutes of the June 28, 2001 Special City Council Meeting. Commissioner Curley mentioned he had requested three minor editorial changes for clarification purposes. Commissioner Lenz wanted to clarify with City Attorney Wait the fact that when the council passed the resolution to terminate its agreement with the County and vacate the tax formula, it was a decision and not an intent. Mr. Wait acknowledged this to be true. Commissioner Lenz stated that this point is indicated in the minutes. Ayes all Vote on Skevington Property Re-zoning (01-130) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for the issuance of negative SEQR determination and for the adoption of the ordinance to change the zoning of the property at 700 Crescent Avenue from “Water Related Business District” to “Rural Residential-1”. Commissioner Mirling said this was the topic of tonight’s public hearing. Ayes all Commissioner of Deeds Commissioner Bernard Mirling announced the appointment of the following individuals as Commissioner of Deeds with a term of two years. James Bell Robert Dennis Keith Pellegri Travis Carter Laura Ennis Vanessa Rose Christopher Cole Patrick O’Leary Kristin VanWert 8 City Council Meeting Minutes Tuesday August 7, 2001 Award of Bid: Heating System Improvements 320 Broadway (01-131) Upon the recommendation of the City Engineer, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded for the approval of the award of bid for heating system improvements on 320 Broadway to Boyce & Drake of Saratoga Springs in the amount of $11,315.00. They were the only bidder. Ayes all Approval for Mayor to Sign Contract for Annual Reassessment Consultant (01-132) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for approval for the Mayor to sign a contract with J.F. Ryan Associates in the amount of $27,000 for property assessment consulting services. Commissioner Lenz asked where the money is coming from and Commissioner Mirling responded that it is coming out of his budget. He said that this will be for the first phase of the process then the cost and action for the next phase will be determined. He said this is the beginning of an annual reassessment process, which seems to be the best way to maintain equitable assessments. Discussion: Open Space Bond Act Commissioner Mirling said that regarding Local Law number five which was passed at the last City Council meeting, Assistant City Attorney Tony Izzo was doing research for the Charter Revision Committee and found that Article 4 Section 36 of the Municipal Home Rule Law precludes the City from having the Bond Act on the ballot if a Charter Revision is on the ballot. Commissioner Mirling said that some people thought that the Bond Act could be made a part of the Charter, but he said that since the requirement is to wait 60 days after the general election, he would prefer to take that approach and place the bond act referendum on the ballot at the Statewide Primary in March. There were no comments from the council. DEPARTMENT OF FINANCE Approve Payrolls Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the payroll for 07/20/01 in the amount of $311,704.39; the payroll for 07/27/01 in the amount of $332,815.92 and the payroll for 08/03/01 in the amount of $326,149.04. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the following warrants: 1AUG01 – Warrant 2 – 50 General Fund $ 536,713.32 9 City Council Meeting Minutes Tuesday August 7, 2001 City Center Authority 3,728.03 Water Fund 63,867.10 Sewer Fund 6,041.80 Capital Projects Fund 63,370.30 Special Assessment District 175.00 Trust Fund -0- Debt Service -0- Community Development 3,129.23 Total Warrant $ 677,024.78 Ayes all MC072001 – WARRANT 2 General Fund $ 46.54 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 15.00 Total Warrant $ 61.54 Ayes all MC010725 – Warrant 2 – 7 General Fund $ 215,759.56 City Center Authority 9,517.47 Water Fund 42,336.04 Sewer Fund 1,836.53 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 269,449.60 Ayes all MC010801 – Warrant 2 – 4 General Fund $ 36,895.29 City Center Authority -0- Water Fund 247.99 Sewer Fund -0- Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 37,143.28 Ayes all 10 City Council Meeting Minutes Tuesday August 7, 2001 Approve Budget Amendments (see attached) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the budget amendments as distributed. Ayes all Approve Budget Transfers (see attached) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as distributed. Ayes all DEPARTMENT OF PUBLIC WORKS Commissioner McTygue announced the paving schedule for the week of August 13 through August 16. Discussion – Niagara Mohawk Rt. 50 So. Arterial Lights Commissioner McTygue said that there is no lighting at the south end of the arterial on Route 50, and for the last two years the City has been at an impasse over the South arterial lights on route 50. He explained that the State hired private contractors to install lights there that turned out to be unacceptable to Niagara Mohawk. NiMo would not accept these lights for maintenance. Commissioner McTygue said that there have been numerous meetings with both the State and Niagara Mohawk to resolve this issue and get these lights up and running. He said Niagara Mohawk finally agreed to install new light fixtures and wire from pole to pole and bill us accordingly, but the cost to the City will initially be $3472 for the removal of the old light fixtures and an additional annual charge of $7455 for the rental of the lamps and the wires. He said these charges are in addition to the annual energy charge of $3371 for the lighting. Commissioner McTygue said this does not seem fair that the City has to pay an additional annual cost of $7455 per year for the existence of these lights. He said it is a matter of fact that the State did the project without the NiMo’s approval of the materials used for the project. He said that the City has had Assemblyman D’Andrea involved in this issue and now help is needed from the City Attorney on this matter. Commissioner McTygue said that his office will turn all the information over to the City Attorney to see what could be done in reference to the State of New York on the improper installation of the lights along the arterial that will not be accepted by NiMo. He said this is a substantial increase for the City to pay over $7,000 per year for mistakes the State made. Mayor Klotz commented that the State concedes that they made the mistake so the question is who is going to pay for that mistake. Commissioner Mirling added that the City would have to pay over $3300 to take the wrong lights out, and the City did not even authorize their installation. Commissioner McTygue said that impending legal action may force them closer to the table for some kind of agreement. He said these lights are along a highway maintained by the State, along the Route 50 Arterial near the Saratoga Performing Arts Center, and it is not a City highway, but it has been dark for some time. He said he is hoping that a few calls from the City Attorney may solve this problem. 11 City Council Meeting Minutes Tuesday August 7, 2001 Ratify Waives of Bids-LaPan Foundry, MC Environmental Services and Sanders Fire & Safety Company Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to confirm the waive of bid for an expenditure previously approved by memo to LaPan Foundry in the amount of $3150 for decorative iron fencing for the old reservoir restoration project. Commissioner McTygue said the money for this project is in the capital budget. Ayes all Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to confirm an expenditure previously approved by memo to MC Environmental Services of Glens Falls in the amount of $4611.20 for removal and disposal of gas and water that leaks into the containment area at the City Garage. Commissioner McTygue said that a canopy is being built over the gas tanks so that this will not happen again. He said the money is in the budget for this item. Ayes all Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to confirm an expense previously approved by memo to Sanders Fire and Safety Company of Mechanicville in the amount of $1352 to replace the existing Ansel System in the kitchen of the Canfield Casino. He explained that the current system is outdated and parts cannot be found for the repairs. Commissioner McTygue said the money is in the budget for this. Ayes all Discussion & Authorization for Further Scoping for Saratoga Lake (01-133) Commissioner McTygue said that his office is looking into doing additional scoping for the Saratoga Lake project to update the City Council on the progress and the status of the scoping project. He called upon Rich Straut, an Engineer from Barton & Loguidice Engineering. At the request of Mayor Klotz, Mr. Straut explained the process of creating the draft document, eliciting public input and submitting the Final Scoping Document on July 17 when it was officially adopted by the City Council. He explained that the project has been downsized, for example originally the project included an allocation of the potential sale of water to outside communities, but now the proposed alternative has been revised to suggest the sale as an alternative option. Some of the changes to the original scope of the project include the idea of developing groundwater sources, purchasing water from the Town of Queensbury; using Lake Lonely; the upper Hudson River; the Great Sacandaga Lake; using Interlaken which is a series of wells that serve the Interlaken Subdivision as part of the ground water initiative; using different methods of developing Saratoga Lake such as taking the water from the deeper portion of the Lake, or using alternative locations along Fish Creek. He assured the City Council that the alternatives are going to be looked at thoroughly and evaluated to the extent that they are practical and make sense. He said that alternatives have been and will be thoroughly examined. 12 City Council Meeting Minutes Tuesday August 7, 2001 Commissioner Lenz wants to clarify that what Richard Straut is mentioning now is in the Final Scoping Document that the City Council approved on July 17, and Rich Straut confirmed this. Mr. Straut explained said that the Draft Environmental Impact Statement (DEIS) will be completed later than anticipated because his company wants to be thorough. He said that since the scoping of the project, they have learned that the Colonie Channel, a ground water alternative and it is a productive ground water source. Rich Straut said he is concerned that some of the suggestions such as such as a comparison of using Saratoga Lake to using the Colonie Channel, which runs under Saratoga Lake and towards Colonie. He said that no one knows if the channel has the capacity to serve Saratoga Springs. Mayor Klotz asked if there was consideration of secondary sources such as the Geyser Crest Well Field. Rich said that they are not considering mixing and matching several small sources as a solution at this point. He said that it is in the best interest of the City to develop one alternative source such as all ground water, or all surface water sources. He said that the intention of this project is to find a source that would be an alternative, while continuing to maintain the existing water sources. Rich Straut explained that the analysis for this project is to assume that the City is taking all of its water out of Saratoga Lake or whichever alternative source is being considered as a “worst case scenario”. Mayor Klotz said that the project concluded that if all the City’s water was being taken from Saratoga Lake in an ordinary year, there would be very little change in the water level and if there was a draught in effect, the water level would decrease about two inches totally. Rich Straut said that that information is based on the worst draught on record in this area. He said that all the City’s water sources exist within the Saratoga Lake Watershed so regardless of which water source is used, the lake level is the same. It has the same effect on the level of all of the water sources. Rich Straut said that although it is referred to as the Saratoga Lake Scoping Project, the actual title of the project is the City of Saratoga Springs Water Source Development Project. Rich Straut said there is a lot of speculation that is being considered as fact but has not been proven out to be factual. He said one such item is that using Saratoga Lake as a water source would lower property values and have a negative effect on tourism. He said that this is not a SEQR issue and it is not part of an environmental review. He said that if one considers Lake George for example, there has been no negative impact on property values or tourism, although that lake is used as a water source for a number of communities. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded for the City to engage the services of Barton & Loguidice, Consulting Engineers, to perform the additional work necessary as an outline to the final scoping document for the City’s water development project with the cost not to exceed $130,000. Commissioner McTygue said the money is in the budget in the water line extension line item. Mayor Klotz observed that the City is taking a responsible course with an established funding mechanism and plan. He said that the Department has moved responsibly to maximize the opportunity for public input and the process has been outstanding. He said this is about safe, clean drinking water for the 26,000 people in the 13 City Council Meeting Minutes Tuesday August 7, 2001 City. Commissioner McTygue says it is a serious problem and the City needs to be very concerned about safe drinking water for this community. He says that the City has gone above and beyond its responsibility to ensure that all information is available to anyone who requests it. Ayes all. Discussion & Vote Spring Brook Run/Malcolm Pirnie Contract (01-134) Commissioner McTygue said he would like to make a recommendation to hire an Engineering firm, Malcolm Pirnie, to conduct a comprehensive investigation of all the sanitary and storm-water sewers within the City of Saratoga Springs’ tributaries of Spring Run Brook. He called upon City Engineer Paul Male to explain the reason behind this recommendation. Paul Male said he has been working with City Attorney Jeff Wait and Dean Sommer of Young & Sommer in an attempt to resolve a consent order that the City has been involved in for a number of years. He said that there is a document called schedule A which proposed tasks that the City should do within a specified time frame. He said the Scope of Services provided to the City Engineer depends upon the resolution of the consent order. Paul Male said that to do this work, the City should hire the firm of Malcolm Pirnie for some of it and the City should do a lot of the work itself and not go out for bid in order to save money. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to hire Malcolm Pirnie in an amount not to exceed $13,500 which will come out of the funds received from the State for the landfill closure which are earmarked for improvements in this area. He explained that the commitment to this project was made when the funds were first received in reference to the closure of the landfill. Mayor Klotz commented that this is part of the proposal that the City made to the DEC but since we cannot reach a consent order, the City is moving ahead and fixing the problem without a consent order. Ayes all . Authorization of Settlement Agreement with Town of Wilton/Elks (01-135) Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded for the Mayor to sign a statement of agreement with the Town of Wilton and the Elks Club. Commissioner McTygue said that the council and everyone involved has had an opportunity to review the document and have all agreed to this, so now he is seeking authorization for the Mayor to sign the agreement on behalf of the City. Mayor Klotz says this formalizes the agreement that all parties reached several months ago. Commissioner Michael Lenz asked that since Attorney Doug Ward said he would be billing the City and get paid for the appeal only if the City won, is this settlement considered a win. Doug Ward responded that regarding the appeal process, his services have been written off and he would not be billing the City. Ayes all DEPARTMENT OF PUBLIC SAFETY Waive of Bid: Police Power Shield Gloves Commissioner Curley moved and Commissioner Thomas McTygue seconded for approval of a waive of bid to Rosen Uniforms of 241 Central Avenue, Albany for 14 City Council Meeting Minutes Tuesday August 7, 2001 power shield gloves in the amount of $2,376.50. Commissioner Curley explained that the money is from a grant and the gloves are worn for protection from needle sticks or contaminants. Commissioner Curley said these are important for the safety of his Policemen. Downtown Parking Commissioner Curley reported on a parking study being conducted by the Chamber of Commerce, which concerned the mutual interest of the City and the Chamber in how to attempt to create additional spaces. He said Joe Dalton has put together an overview of the area with expanded loading zones and many suggestions. Commissioner Curley explained that Joe Dalton could not be at the meeting tonight to share his measures, and explain his short versus long term goals. He has indicated that a long-term goal would be another parking deck. He said that there have been several approaches and strategies discussed regarding the City's downtown parking situation. Commissioner Curley said the chamber and parking study committee are conducting a survey of vendors and delivery areas. He said that at this point, the committee is seeking input from downtown businesses and looking for ways to pick up small amounts of parking spaces, gradually for a short-term solution. He said eventually, some of the zones may need to be timed differently working and they are working with the merchants on this aspect. Commissioner Curley said that the hand held computers for the Parking Enforcement Officers will help establish more data to assist in the strategizing for a long term solution. He said he wants to let the City Council know that it is also being considered to have two full time Parking Enforcement Officers downtown if the parking revenues prove to exist. Executive Session Commissioner Curley requested that the City Council go to Executive Session to discuss personnel issues. EXECUTIVE SESSION Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to go into Executive Session for the purpose of discussing labor contracts. Ayes all. ADJOURNMENT The City Council returned from Executive Session at 9:15 PM and no official action had been taken at the session. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adjourn the meeting. Seeing no further business, Mayor Klotz closed the meeting at 9:16 pm. Ayes all Respectfully submitted, Nancy Wagner Adopted: Clerk 15 City Council Meeting Minutes Tuesday August 7, 2001 Adopted: 16