City Council

City Council Meeting Minutes Tuesday, September 4, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY, September 4, 2001 Present: Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Bernard Mirling Absent: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Staff Present: City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Robert King Deputy Commissioner Carol Kennedy Also Present: Supervisor Phil Klein Supervisor Anthony Scirocco PUBLIC HEARING Vehicle and Traffic Ordinance Renumbering Commissioner Thomas McTygue opened the Public Hearing for Vehicle and Traffic Ordinance Renumbering at 6: 56 pm. Commissioner Curley explained that this ordinance is basically a housekeeping issue that is an attempt to make the information in the ordinance more trackable with the Police Department's software; to change numbers within this ordinance to be parallel with the numbers in the software. He said this ordinance renumbering does not change the intent of the law. Assistant City Attorney Tony Izzo said that this is an amendment to a law that was passed in 1996. He said that this new ordinance goes into more detail and renumbers which sections or subsections of the existing law fall under the same kind of criteria and definitions reflected in the same sections of the Federal Code of regulations. He explained that the change is necessary primarily because when the Police Department tries to enter violations of the City law into the computer, it not feasible to do without the kind of numbering system that is set up in this new ordinance. He said that the numbering system within the Federal code has been incorporated in this City ordinance. Commissioner Curley reaffirmed that there is no change in the intent of the law, just the numerical set up of the violations. In that there were no questions from the audience and no further discussion from the table, Commissioner McTygue closed the Public Hearing at 7:01pm. 1 City Council Meeting Minutes Tuesday, September 4, 2001 CALL TO ORDER Commissioner McTygue called the City Council meeting to order at 7:02 pm. MAYOR'S DEPARTMENT Discussion – Downtown Parking: Joseph Dalton Joseph Dalton, President of the Saratoga county Chamber of Commerce presented the City Council with the results of a study on the City's downtown parking needs. He said that this study involved the work of the City Planner, representatives of the Public Safety Department and Edwards and Kelcey a local transportation consulting firm. Mr. Dalton said that the study determined that the City would need to increase the amount of parking spaces downtown by 27% over the next five to ten years to meet the growing demand for parking. Mr. Dalton said that according to the City's Planning Department there are about 46004 parking spaces downtown which amount to 184 spaces per 1,000 City residents. He said that the study estimates within the next ten years, the City would need about 1250 additional spaces. He explained that when looking at parking needs, essentially three rings or sections are needed in the downtown area, with an inner section located within 600 feet of Broadway for short term parking of about 90 minutes maximum. He said the second section would be for extended parking of three to four hours, and this should be smaller than the inner ring and the third section is for employee parking within two to three blocks of Broadway. He said that it is critical that lighting to and within this area be adequate to convey a feeling of safety. Joseph Dalton said that the study recommends immediately examining the use of current parking spaces. He said that a list of recommendations includes the creation of more fifteen-minute spots, increasing the size of loading zones and changing them to commercial loading zones and changing all day and limited length parking spaces. Joe Dalton said that these short term suggestions are not going to have a dramatic effect on the downtown parking situation, he cautioned the City Council to remember that the construction of a single parking space on a new deck costs approximately $10,000. He said that decreasing a single space to a fifteen-minute time limit would increase its use tenfold and save money. Joe Dalton said the study refers to a new parking deck as midterm action. He said the recommended location of the deck is the parking lot bordered by Church Street and Woodlawn Avenue near the Hub bar. He said that building a deck in this area would provide the City with at least 150 additional parking spaces. He said that the City must create a long-term financial plan specifically to address the City's parking needs. He said that some of the elements of that plan can include the creation of special parking districts in the entire C-1 district; leasing of individual spaces and or lots; the annual city appropriation to a parking capital register; graduated parking abuse fines; and the dedication of a portion of the parking ticket revenues to the parking capital register. 2 City Council Meeting Minutes Tuesday, September 4, 2001 The committee and the study concluded that the installation of parking meters would be a bad idea and would drive people out of the downtown area. Joe Dalton suggested that the City Council set aside $250,000 in a special parking fund in the 2002 budget to begin addressing the City's downtown parking needs. Authorization for the Mayor to Execute 2001 CDBG Sub-recipient Agreements (01-154) Cindy Phillips, representing the Community Development Office, requested that the Mayor sign all the contracts for recipients of Community Development Block Grant monies. She explained that the City Council had unanimously approved the awarding of these back in May and since monies are coming in soon, the Mayor needs authorization to sign both the contracts of continuation and the new contracts. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to execute the 2001 CDBG agreements. Ayes all. Announcement: 2000 CAPER Cindy Phillips announced that the CAPER, Community Development's Consolidated Annual Performance Evaluation Report for the year 2000 will be available for public scrutiny in the Community Development Office and at the Saratoga Springs Public Library Reference Desk from September 12 through September 26, 2001. She said that this is the annual report that summarizes Community Development's entitlement for the program year 2000. Appointments (01-155) Commissioner McTygue announced on behalf of Mayor Klotz the following appointments: Pat Kane to the Design Review Commission; Michael Welti, Lisa Nagel, Jacinta Conway, Richard Ostrov and Lori Heithoff to the Zoning Ordinance Review Committee; and Steve Rodriguez, Stuart Wilcox, Susan Kilpatrick and Derrick Legall to the Urban Heritage Area Committee. Resolution: Traffic Signal Upgrades (01-156) Commissioner McTygue said that the City of Saratoga Springs has received the Supplemental Agreement from the New York State Department of Transportation (NYSDOT) for the Traffic Signal Upgrades at a number of intersections on the State numbered routes. He explained that the final plans have been reviewed and approved by the NYSDOT and the consultant, Sear-Brown, expects to have the project out to bid in September. He said that the City must approve the attached resolution with no changes in the amount of $991,068, which includes survey work, design, preparing plans and specifications, bidding documents, contract administration and inspection during construction. He said the City would be reimbursed 80% of the total cost or $792,854.40. He explained that the remainder of the cost, $198,213.60, is the responsibility of the City, of which to date the City has received $60,000 from the Brause Company and will receive an additional $60,000 for the traffic signal work at Washington Street and Broadway. He said the City 3 City Council Meeting Minutes Tuesday, September 4, 2001 has set aside $57,545 from prior years for a total of $177,545. He said that subsequently an additional $20,668.20 is required from the capital fund to pay the remainder of the City's 20% match. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the agreement as prepared by the NYSDOT. Commissioner McTygue asked Deputy Commissioner of Finance Christine Gillmett- Brown if the City needed authorization to take the $20,668.20 out of the capital fund at this time. She responded that she wanted to discuss the possible fund alternatives with City Attorney Wait and bring that request to the City Council at the next council meeting. Ayes all Amendment to Previous Resolution – NIMO Payment South Broadway Reconstruction (01-157) Commissioner McTygue explained that at the August 21, 2001 City Council meeting the City Council approved the payment of $174,000.00 to Niagara Mohawk for placing the power lines along South Broadway underground. He said that the amount approved for payment was incorrect and needs to be increased by $76.70, making the correct payment amount $174,076.70. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to amend the prior resolution to pay Niagara Mohawk $174,076.70 for placing the South Broadway power lines underground. Ayes all ACCOUNTS DEPARTMENT Approval of City Council Minutes Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to approve the minutes of the August 21, 2001 City Council Meeting. Ayes all Commissioner of Deeds Commissioner Bernard Mirling announced the appointment of Robert Gratton as Commissioner of Deeds with a term of two years. Approve Election Custodian Contracts (01-158) Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign a contract with Arthur Carnevale as Election Custodian including delivering and retrieving voting machines, in the amount of $3,500 and to sign a contract with James Hart as Election Custodian under the same terms and conditions as previous years in the amount of $2,500. Commissioner McTygue asked about the difference in amounts and Commissioner Mirling explained that Art Carnevale is getting more money because he is involved with the distribution and retrieval of the voting machines and Mr. Hart is not. Ayes all 4 City Council Meeting Minutes Tuesday, September 4, 2001 Discussion: Risk Management Plan Commissioner Mirling said that the City of Saratoga Springs has received a Risk Management Report and Loss Evaluation from St. Paul, the City's liability insurance company. He said that this evaluation, which was done with recommendations, says that the City of Saratoga Springs has a "substantial" level of organized program activity when compared to most effective programs. Commissioner Mirling explained that much of what the City is doing in terms of loss control and risk management is effective in addressing the City's needs. Commissioner Mirling said that there is a need for improvement. He said that the report sites specific areas where the City will need to work together interdepartmentally to address some of the things that should be improved, upgraded or implemented. He said that one of these recommendations is for the City to create a Safety Committee where a group of people representing all of the departments work together to ensure that all of the steps have been taken to ensure the safety of City employees and the safety of the equipment and ensure that the insurance premiums are kept at the lowest possible level. He said that another piece has to do with human resource issues regarding interviewing and asking appropriate questions within the parameters of the laws which have a changed a lot recently. Commissioner Mirling said that the first step is to establish a safety committee with representatives from the various departments, and he will be contacting the City Council members to do that. Then some of the other issues will be examined and decisions will be made as to the best way to approach the suggested changes and implementations. Commissioner Mirling said he would be setting up meetings with representatives of the insurance company and Jack Perry the City's Risk Manager to provide an opportunity for questions, and to get definitive answers. Commissioner McTygue asked if annual monetary incentives could be set aside for employees who work hard without accident, operating equipment accident free. He said that some private companies have such programs set up. Commissioner Mirling said that the City needs to look at these kinds of incentives, and at monitoring systems. He agrees that some types of loss may be alleviated by incentives. He said that the City Council needs to look at incentives for the employees that are making an extra effort to ensure that things are run well. He said that the report also has implications for the City's Worker's Compensation program because workers that are injured on the job collect Worker's Comp. so there should be some loss prevention in that area as well. Clarification of Comprehensive Plan Amendment Commissioner Mirling referred to a memo he had circulated to the City Council stating that he planned to ask for an amendment to the third amendment of the Comprehensive Plan which was approved at the July 17, 2001 City Council Meeting prior to the adoption of the City's Comprehensive Plan. He said that the amendment stated "The City Council at its discretion elect to assume final authority over projects brought before the Planning Board." He said that he does not believe that the wording of this amendment accurately reflects the original intent. He suggests that the wording should be changed to "The City 5 City Council Meeting Minutes Tuesday, September 4, 2001 Council should retain authority for approval of large scale projects within the special development areas." Commissioner Curley asked the City Attorney if, since there are only three City Council members present at this meeting, and he voted against the approval of the Comprehensive Plan, there was an implication that if he supported the amendment it would contradict what had already transpired. Commissioner McTygue called upon City Attorney Jeff Wait for an opinion on this matter. City Attorney Wait suggested that this item be held until the next meeting. Set Public Hearing for Taxi Ordinance Commissioner Mirling requested that a public hearing be set on the amendment of the City Code Chapter 215, Taxicabs. The public hearing is set for September 18 at 6:30 pm. DEPARTMENT OF FINANCE Commissioner McTygue presented the agenda items for the Department of Finance on behalf of Commissioner Lenz. Approve Payrolls Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the payroll for 8/24/01 in the amount of $ 337,305.29 and for 8/30/01 in the amount of $ 358,835.33. Ayes all Approve Warrants Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve the following warrants: 1SEP01 – Warrant 2 – 25 General Fund $ 299,894.41 City Center Authority 6,670.52 Water Fund 81,779.15 Sewer Fund 4,583.63 Capital Projects Fund 56,810.33 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 14,466.11 Total Warrant $ 464,204.15 Ayes all MC010829 – WARRANT 2 – 6 General Fund $ 24,649.22 City Center Authority 8,753.24 Water Fund 5,546.11 Sewer Fund 1,156.47 6 City Council Meeting Minutes Tuesday, September 4, 2001 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 8,000.00 Total Warrant $ 48,105.04 Ayes all Approve Budget Amendments (See Attached) Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve the budget amendments as distributed. Commissioner McTygue said there is nothing unusual in these amendments. Ayes all. Approve Budget Transfers (see attached) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the budget transfers as distributed. Commissioner McTygue said there is nothing unusual in these transfers. Ayes all Approve Civil Service Executive Secretary Resolution (01-159) Commissioner McTygue moved and Commissioner Bernard Mirling seconded to approve the Civil Service Executive Secretary resolution as distributed. Commissioner McTygue explained that this resolution gives the Executive Secretary to the Civil Service Commission a 3% wage increase retroactive to January 1, 2001. He said it has been past practice that the Executive Secretary receives the same salary increase as the CSEA City Hall unit union members. All other items within the contract remain unchanged from last year. Ayes all Report: July 31, 2001 Financial Report Deputy Commissioner Christine Gillmett-Brown presented the City's monthly financial report for the month ended July 31, 2001. She said that as of the end of July the City should be at approximately 58% and overall the City is at 56% so things continue to look good. She explained that there are a couple of departments that are over that percentage so they should continue to monitor their budgets, make some projections and see if there are any problems or areas of concern that should be discussed with the council, or if it a matter of the timing of the payments. She also reminded the City Council that now is a good time to start doing projections since the council members are working on their budgets which were distributed a couple of weeks ago and are due in the Finance Office by October 1, 2001 for preparation of the 2002 budget. 7 City Council Meeting Minutes Tuesday, September 4, 2001 DEPARTMENT OF PUBLIC WORKS West Avenue Project Status Report Commissioner Thomas McTygue called upon City Engineer Paul Male to address the City Council with the West Avenue project status report. Paul Male said that the project at this point stands as follows: The water main is 100% complete; the Sanitary Sewer is 80% complete because work in the vicinity of Mohr's Service Center needs to be finished and the force main needs to be installed from Mohr's Service Center to St. Charles Place. Paul Male said that the storm sewer is 85% complete with the storm sewer in the Washington Street/West Avenue intersection yet to be installed. He said that the pumps are in place at the sanitary sewer pump station but the internal plumbing and the pumps need to be finished. He said the sidewalks and curbs are 85% completed, and the traffic lights at Congress Street, the Saratoga High School and the Fire Station are complete. He said that the signals at West Circular Street and Grand Avenue are 90% complete and the last two signals at Church Street and Washington Street are 15% complete. Paul Male explained that the paving, except for the intersection at Washington Street and West Avenue and the east and west bound sections of Washington Street is complete with the road reconstructed and dense binder placed. He said that there are lane restrictions in and around the Washington Street/West Avenue intersection and these will be in place for the next five weeks. He said that motorists are urged to carefully read the message boards and avoid the intersection if possible. He said that the contractor has estimated placing the top course of pavement in mid-October and finishing the project by the third week of November. Commissioner McTygue read the paving schedule for the week of September 10 through to September 14. Discussion – Granite Street House Commissioner McTygue explained that there is a house located at 49 Granite Street that has been abandoned for a number of years which the City has considered buying and fixing up like the process at the house at 85 Beekman Street.. He said that the homeowner had been in a nursing home at the time and Saratoga County had applied a substantial lien applied to that property. Commissioner McTygue said he asked Assistant City Attorney Tony Izzo to contact the County to see if they would release that lien so that Tony Izzo could contact the executor of the estate to see if that property and any interest could be conveyed to the City of Saratoga Springs. Tony Izzo said there was $29,355 in liens that the County waived and released. He said he has been in contact with the executor of the estate regarding transferring the property to the City so the City can correct the violations and proceed with the project. The executor needs to convey its interest to the City. Commissioner McTygue said that the City hopes to receive the necessary documentation so that the project could get underway. He said that the neighbors of this property said they would like to see improvements made to that 8 City Council Meeting Minutes Tuesday, September 4, 2001 property. He explained that if it turns out that it is not possible to improve the home because of its condition, then the DPW will demolish the home, remove the debris and construct a small structure that fits the character of neighborhood and put that up for sale. Tony Izzo said that communication from the executor of the estate is expected soon. Approve New Drug & Alcohol Testing Site (01-160) Commissioner McTygue explained that the City is mandated by New York State Department of Transportation to randomly test its Commercial Drivers License holders, which are the license holders for heavy equipment and large trucks for the City. He said that the Medworks Company that the City was using for these tests has moved out of town. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded for City Council approval to enter into a new contract with the Saratoga Care Corporate Health Services located in the Wilton Medical Arts Building on Route 50 at the same fees as before, $35 for drug samples and $25 for alcohol and $170 for after hours sampling in case of accidents. Commissioner McTygue explained that Saratoga Care is affiliated with Saratoga Hospital. Ayes all Discussion & Vote on Water Treatment Plant Disinfection Study (01-161) Commissioner McTygue said he is seeking City Council approval to hire the Engineering firm of Barton & Loguidice to do a study to determine the best system for chlorinating the City's water. He said the City is presently using a gas chlorinating system that is out dated, and a much safer system is desired. Commissioner McTygue called on Rich Straut from Barton & Loguidice to explain the process of changing over to a new system of disinfecting the City's water. Commissioner McTygue pointed out that the new Chief Water Treatment Plant Operator, Tom Kirkpatrick is present for this discussion. Rich Straut said that his proposal is to take the first step in evaluating an alternative disinfection system, which is the last step before water gets pumped to the residents. He explained that the very toxic gas is now distributed in one ton cylinders that have a potential to leak. He said that over the years there have been increasing tightening of the regulations over gas chlorinating systems because of safety concerns. He said that the trend is to get away from using the gas. He said there are several alternatives including a liquid chlorine system, similar to what is being used now at the Geyser Crest well-field system; mixed oxidants system and the up and coming technology of ultra violet light which has treatment process advantages. He said the City needs a system that is appropriately sized for its water plant's needs. Mr. Straut said his company will cost out systems, list disadvantages and advantages, then provide some direction for which system the City should pursue. There is some potential, depending upon which system is recommended, that there may be pilot testing that is a possible second step, then ultimately design the implementation. Commissioner McTygue said the fee for this Scope of Services will be $9800. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the contract with Barton & Loguidice in the amount of $9800. Ayes all 9 City Council Meeting Minutes Tuesday, September 4, 2001 Correction of Minutes – Last Meeting Commissioner McTygue announced that at the August 21, 2001 City Council meeting, the bid for playground equipment was awarded by the City Council but he had not mentioned that the name of the company, the sole bidder, is Bill Simione & Associates Playpro of 5 Krey Boulevard in Rensselaer. Informational – Improvements to Recreation Fields Commissioner McTygue said he would like to bring the City Council up to date on the work that the Department of Public Works has been doing at the Recreation Fields: 1) West Side little league fence 2) Netting and three backstops for baseball fields at both the East and West Sides 3) New T-ball field at the West Side 4) New Playground equipment ordered for the East and the West side 5) New Caroline Street Sidewalks from the school to the entranceway of the field Commissioner McTygue said all of these listed above were done with school capital monies. He said other things that were done include: 6) New sod on the little league field on the West Side 7) Tilled and re-seeded the Bantam Field 8) Paved Parking lots at the West Side and the PBA field 9) Made four new fields at the PBA Range 10) Made an entire new field at Gilbert Road Commissioner McTygue said the use of the Gilbert Road field has helped the City's Recreation program immensely. Informational – Downtown Benches Commissioner McTygue said that there has been a lot of discussion and a lot of ink lent to the topic of the benches on Broadway. He said he wants to inform the City Council and the listening audience that no downtown benches have been removed from downtown Broadway. He said that there is no intention to remove any benches from downtown Broadway, and there is the same number of benches in the business district that there has been the past number of years. He said that the Special Assessment District purchases the benches and the City maintains and installs the benches for them. Commissioner McTygue stated that at a meeting with the Special Assessment District this morning there was a discussion about the locations of the benches because there are a number of requests from various businesses, and many pedestrians as well. He said that the City has played musical chairs with those benches for years: Some people want them turned out, some people want them turned in, some people want them facing each other, Commissioner McTygue said there is no happy medium regarding the placement of the benches, and at the Special Assessment District meeting this morning, a committee was appointed for the placement of the benches on Broadway. This committee will take 10 City Council Meeting Minutes Tuesday, September 4, 2001 responsibility as to the placement of the benches on Broadway. The committee will discuss with the businesses whether or not they will get a bench. Commissioner McTygue said that there is not going to be "musical chairs" played with the benches next summer because once the benches are installed, they will stay there. Commissioner McTygue said there have been problems with vandalism especially after the taverns close, benches have been found in the middle of streets and this is not unusual for a summer in this very active downtown community. He added that the City has asked the Special Assessment District to purchase a few more benches and some trash receptacles for next year. Discussion – 85 Beekman Street Commissioner McTygue said that Cindy Phillips of the Community Development Office has an update on the status of the house at 85 Beekman Street that the City has refurbished and is selling. Cindy Phillips said that there was a lottery and only two applications were received. Both applications were sent for income verification because they had to meet certain income guidelines from HUD. Only one of the two applicants was eligible, and now it is in the hands of the bank, the Adirondack Trust Company where the gentleman is getting his mortgage. She said that because the gentleman is participating in the Community Development 's first time home-buyers program, he is receiving money for the down payment and closing costs. She said that the checks have been cut and the closing would be in about two weeks. DEPARTMENT OF PUBLIC SAFETY Vote: Vehicle and Traffic Ordinance Renumbering (01-162) Commissioner Curley said that this is the ordinance for which tonight's public hearing was held. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to approve the ordinance to amend chapter 225 of the code of the City of Saratoga Springs, New York, entitled "Vehicle and Traffic" Ayes all ADJOURNMENT Commissioner McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting. Seeing no further business, Commissioner Thomas McTygue closed the meeting at 7:50 pm. Ayes all Respectfully submitted, Nancy Wagner Clerk Adopted: 11