City Council

City Council Meeting Minutes Tuesday, September 18, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 18, 2001 Present: Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Bernard Mirling Absent: Mayor Kenneth Klotz 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 Call To Order: Commissioner Michael Lenz called the meeting to order on behalf of Mayor Klotz at 7 pm. MAYOR’S DEPARTMENT Messages from the Mayor Commissioner Lenz said the Mayor is recovering. Commissioner Lenz read a message from the Mayor that said he has been hospitalized since September 9 and hoped to be in full swing in the near future. Mayor Klotz expressed his heartfelt gratitude for the support and concern he and his wife Karen have received from the community. He thanked his staff and his colleagues on the City Council for ensuring that the functions of his office continue to be performed smoothly and efficiently. In his message, the Mayor also thanked everyone who helped organize and who participated in the Sunday evening service and vigil on behalf of the victims of the September 11 terrorist attacks. He said that participants and organizers of that service made he and his wife proud to be counted as Saratogians. Commissioner Lenz said on behalf of the entire City Council he wishes Mayor Klotz a speedy recovery and to know that we are all thinking of him as he progresses with his recovery. Resolutions: Spring Run Trail Earth Tech Agreement: Page 1 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Commissioner Lenz said that during the past year the Spring Run Trail Committee, consisting of Alane Ball, Nancy Lester, Pam Polacsek, Jeff Wait, Mike Welti, Bill McTygue, Geoff Bornemann and Paul Male have been meeting to select a consultant to assist the City in designing the trail that will run from Congress Park to the Northway. He said the new section of the trail will follow the old railroad bed that is located near the old Excelsior Rink site and runs along the right-of-way to the Northway. He said that following a lengthy process, which followed the New York State Department of Transportation guidelines for consultant selection, the committee is recommending that the City hire Earth Tech, of 12 Metro Park Road, Albany, New York as the consultant for the project. The fee according to the proposal dated August 2001, is $273,845. He said this fee covers all design work for the trail including survey; data collection & analysis; preliminary design; environmental; right of way; detailed design; and advertising, bid opening and award. He said the fee for the engineering services will be paid from a 50% matching grant ($358,000) from the CDTC/NYSDOT. Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the Consulting Agreement and Authorization to proceed with Earth Tech in the amount of $273,845. Commissioner Lenz clarified with Paul Male that it is a 50% matching grant of $358,000 from CDTC and NY State DOT and also the City will be contributing the balance of 358,000. Paul Male said it was a combination of the Excelsior Rink closing and other cash and donations from the Niagara Mohawk Corporation. Commissioner Lenz said that the City Council is not approving any more than $273,845. He said that the City is not dealing with any overruns at this point. Paul Male said that this project has to immediately follow the clean up in order to stay in compliance with the EPA. Ayes all. NYSDOT Resolution and Agreement Commissioner Lenz said that this is the second part of the contractual agreements that must be completed prior to starting work on the Spring Run Trail. He said this agreement is the standard Master Federal/Local Aid Agreement between the City and the New York State DOT which will allow the City to receive the grant funding for the Spring Run Trail. He said that the resolution for this project must be approved exactly as worded on the attached resolution. Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the Master Federal/Local Aid Agreement as per the attached resolution. Ayes all Historic Preservation Plan Extension of the contract: Commissioner Lenz said that for the last six months the Mayor has had a committee preparing a new Comprehensive Historic Preservation Plan. He said the final version of the plan is expected to be presented to the City Council next month. He explained that funding for this effort is coming from a grant from the New York State Office of Parks, Recreation and Historic Preservation. He said that the State has requested that the Page 2 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 expiration date of this contract for this grant be extended from August 31, 2001 to September 30, 2001. Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign the contract extension for the Historic Preservation Plan grant from the NYS Office of Parks, Recreation and Historic Preservation. Ayes all Grant for Printing the Plan Commissioner Lenz said that the State has indicated that there is some extra grant funding available that could be used to print the final Historic Preservation Plan. He said that the State is interested in doing this because this document is apparently the first local comprehensive historic preservation plan prepared in New York State. He said the committee recommends that the City Council submit a supplemental grant application in an amount not to exceed $2,700 to print 250 copies of the report. He explained that any required local match for this grant would be contributed by in-kind staff services. Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to submit a grant application in the amount not to exceed $2,700.00 for the printing of the Historic Preservation Plan document. Ayes all. Sister City Correspondence Commissioner Lenz said that there are two correspondences from Chekhov, Russia, the sister City to Saratoga Springs. He said one of them was read at the memorial service held in City Hall on Friday September 14. The first letter he read is from the Mayor of Chekhov and was written to Mayor Klotz on September 12. Dear Kenneth Klotz, On 11th September, the most monstrous set of terrorism in the World history was committed against the United States of America. Like all our people, I am deeply shocked by the scale of this tragedy. There is neither excuse nor pardon for the slayers of the peaceful citizens of America. Today, Russia that had experienced the horrors of World War II and of Chechen War, as well as all the peoples of our planet grieves over the disaster that the peaceful citizens of America have suffered. We sympathize with your people and offer a helping hand to back up at your hour of need. My sincere condolences to you and your people. Mayor Nedoseka Commissioner Lenz said that the letter from the Mayor was faxed to the City. He said the implications of that event are worldwide. The next letter is from some school children at School #3 in Checkhov, Russia and was e-mailed to the City of Saratoga Springs and written to the American children: Page 3 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Dear American Children, We are very, very unhappy because of the tragedy which happened to America on September 11th .An all our class feel grief and mourning, that’s why in our school today was a black day. Our teachers began this day from the minute of silence, because this tragedy isn’t only of America, it is of all the world, because this bad terroristic acts may happen to everybody one day. We don’t know how to help you, but maybe our moral support will ease your pain. Bye, 7-b class, school #3, Checkhov, Russia Commissioner Lenz said that this tragedy is not specific to our country, it is something that the entire world is aware of and feeling. He said that we all get the sense that we are not safe and everyone wants to reach out and help in some way. Hattie’s Restaurant: Liquor License Commissioner Lenz said that a memo from Mayor Klotz was received regarding the liquor license of Hattie’s Restaurant It said that the Hattie’s Restaurant has been sold recently and the new owner, Jasper Alexander, has applied for a New York State Liquor License. The memo said that because there are three establishments with liquor licenses within 500 feet of Hattie’s Restaurant, the City has a right to appear at the application hearing and contest the issuance of this new license before the State Liquor Authority. This process would the delay the Authority’s review of the application for at least thirty days. He said that the process could be expedited if the City Council agrees to waive its right to contest the issuance of the license. Accordingly, Mayor Klotz has placed this matter on his agenda to have Commissioner Lenz present a motion stating that the City will not appear at the application hearing to contest the issuance of the new liquor license. Commissioner Lenz said that this is a standard process. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to advise the New York State Liquor Authority that the City Council will not appear before the board to contest the issuance of the liquor license of the new owner of Hattie’s Restaurant. Commissioner Thomas Curley said that he would like to include a contingency within the motion that the Police Department be contacted to see if there are any reasons that may negate the license. Therefore, Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to advise the New York State Liquor Authority that the City Council will not appear before the board to contest the issuance of the liquor license of the new owner of Hattie’s Restaurant contingent upon indication from the Saratoga Springs Police Department that there are no reasons to negate the license. Ayes all Reminder: Capital Budget Requests Commissioner Lenz said that the Mayor circulated a memo on August 27, 2001 requesting the 2002 capital budget requests and the five-year plan for 2003 to 2007 by Page 4 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 October 1, 2001. Commissioner Lenz said that if these could be brought to the Mayor’s Office by then, he would appreciate it. DEPARTMENT OF PUBLIC SAFETY EMS Task Force Commissioner Lenz said that Commissioner Curley requested that this item be moved up on the agenda for the convenience of the members of the task force. Commissioner Curley said that earlier this year he commissioned an eleven member task force to study Emergency Medical Services within the City of Saratoga Springs. He said the report that reflects the growth of the City and the needs of the community for the future. He said that many of the members of the committee are present tonight but he called upon Dr. Timothy Brooks, the Director of Emergency Room Physicians at Saratoga Hospital and the Saratoga Springs Fire Department’s Medical Advisor to give a brief overview of what the committee did do and what was accomplished. Dr. Brooks said that this was a multi-faceted task force made up of representatives from the City’s Fire and Police Department, members of the Emergency Medical Systems, concerned citizens and City Hall staff. He said that the task put before them was to review the EMS needs, to discuss and define relevant agency capabilities and to recommend needs for the future. He said that these issues were considered in light of the explosive growth of the City, in an aging population with increasing medical demands, and changes in medical technology and delivery systems. He said that the task force reviewed the findings of the 1992 EMS Planning Commission. And updated itself on current conditions, concerns and where the task force thought the City should be going. After considerable discussion and debate, the EMS Task Force makes the following five recommendations: 1) Develop a new Department of Public Safety facility designed and located to minimize response time and integrate services of Fire, EMS and potentially Police. 2) Integration of Fire and Emergency Medical Systems to increase the depth and breadth of EMS services available to the City while eliminating redundancy that presently exists. 3) Centralization of Dispatching of all Public Safety Departments. Dispatching is the access point and the crux of Emergency Medical Systems delivery and requires centralization and government under one entity, which is presently divided. 4) Emergency Hospital transfers. He said that Saratoga Hospital is directly involved in Public Health, delivery and the needs for emergency transfers to Urgent Care Centers are steadily increasing. Establishing a partnership between the City and hospitals to care for the citizens is both prudent and in the public’s best interests. 5) Educating the population so that Public Safety becomes personal. He said that the committee recognizes that there is always some irreducible delay between the onset of an emergency and the arrival of Public Safety professionals that provides an opportunity to enlist the public into the Public Safety system and to be involved in Safety and Health issues. Page 5 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 He said that the committee is issuing a more detailed description of these five recommendations. Commissioner Curley said that the committee included Kevin Roberts, Clark Hayward of the Saratoga Medical Services Agency; Dr. Vincent Verdile; Dr. Paul O’Kosky, the City’s Health Officer; Dr. Timothy Brooks; John Kirkpatrick and Peter Shaw of the Saratoga Springs Fire Department; Linda Rush Curley; Erin Dreyer; Sergeant Dan Noeker; and Deputy Commissioner Bob King was acting chairman of the committee. He said it was a very diverse group and he thanked them for their hard work. Commissioner Curley said that and he sent a letter to the Saratoga Emergency Medical Services Agency asking them if they could discuss some of the things that are in the report and to discuss ways that they could enhance their abilities to provide services jointly. Both the SEMS and the SSFD have a lot to offer the community, and this is an opportunity to make sure that the City is getting as much of a chance to provide these services as possible. He said this is a very complementary relationship to look forward to, and if we use our resources and technical skills and backgrounds and abilities the City can reach new heights in its relationships with these agencies. He said that there are other things in the report that will require some strategies and some planning for the future. He said that they are looking at some type of a facility that will provide the ability to increase the servicing time and certainly increase the services. He said that the bottom line is to sit down and develop the strategies and an approach in order to get as much efficiency and provide as much services as possible because it is a concern that has been brought to his attention by residents on the east side of town and it is the job of the Department of Public Safety to provide these services. He said thank you to the committee members for their hard work. ACCOUNTS DEPARTMENT Approval of the August 7 and September 4 City Council Minutes Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to approve the minutes of the August 7, 2001 and the September 4, 2001 City Council meetings. Ayes all Award of Bids: City Center Contract 2002 Elevator Maintenance Contract 2002 Floor Maintenance Products Contract 2001-02 Seasonal Snow Plowing and Sanding Services RFP Exterior Door Placeme nt Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to award the 2002 Elevator Maintenance Contract to Millar Elevator of Latham for the annual fee of $1029, the lowest bidder meeting specifications . Ayes all Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the 2002 Floor Maintenance Products contract to Ecolab, Inc. of St. Paul MN for Neutral Cleaner at $216 per 55 gallons and to Swish Maintenance Page 6 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Ltd. Of Marcy NY for floor finish at $372 per 55 gallons and floor stripper at $265 per 55 gallons, the lowest acceptable respondents for these products. Ayes all Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to award the 2001/2002 Seasonal Snowplowing and Sanding Services to Peter J. Gailor Landscaping & Excavating of Saratoga Springs for prices as listed in the bid, the lowest respondent meeting specifications. Ayes all Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the RFP for Stage Doors replacement to Allerdice Commercial Doors at 120 Excelsior Avenue in the amount of $3,708, the lowest respondent meeting specifications. Ayes all Discussion: Lake Lonely Commissioner Mirling said that at the last meeting he scheduled a public hearing to discuss an ordinance to amend Chapter 219 of the City Charter, Vessels and Waters. He explained that the intention of the ordinance was to restrict personal watercraft on Lake Lonely. He said that he brought this issue to the table at the request of some Lake Lonely residents. He said that the members of the Lake Lonely Association have questioned the need for such an ordinance, so he met with representatives of the residents who requested the ordinance and with members of the Lake Lonely Association who opposed the ordinance. He said that ultimately the two factions agreed and requested that he withdraw the ordinance and cancel the public hearing. Commissioner Mirling said that typically at a public hearing folks have an opportunity to speak for or against an issue, but in this case, individuals came forward early, and ended up withdrawing the request for an ordinance, so the public hearing is cancelled. Easement: Levinsky Commissioner Mirling said he had a request for approval of an easement agreement from Bruce Levinsky of Merlin Development Company concerning 63 Phila Street for the purpose of constructing a pedestrian walk way over City lands, over to a parking lot. He called upon Assistant City Attorney Tony Izzo to explain: He said that this type of easement is somewhat different from the usual request. He said that usually easements involve a situation where an individual does a survey and discovers a slight encroachment onto City property, so they come before the Council and request an easement to allow that encroachment to continue to exist.. He explained that this property owner is asking for essentially that a pedestrian walkway be constructed. Tony Izzo said that he distributed copies of the draft easement agreement to the City Council members and a diagram is attached. Essentially what the City Council would have to do to grant this easement under such circumstances would be to make a finding that this particular pedestrian walkway asked for does indeed provide a substantial public benefit. He said that on the diagram there is an access easement A area and an access easement B area over which the City would be allowing this property owner to construct a pedestrian walkway to allow people to walk from one particular point to another Page 7 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 particular point. He said that if the council should consider granting this easement, the language must indicate that this type of access will provide a substantial public benefit. Commissioner Mirling asked Bruce Levinsky to comment and Mr. Levinsky deferred to Pat Grant as his spokesman for the people that made the request for the easement. Pat Grant said he handed out a synopsis of the project to area business owners, patrons of downtown and to the Mayor. He said the Mayor thought the project was a good one, but he needs some degree of assurance from Mr. Grant that there was public support for this project. Pat Grant said that because they needed evidence of public support, they circulated a petition and received over 300 signatures with 55 being merchants in the down town district. He said that there is overwhelming support for this project and a certain amount of frustration that it has taken this long for the project to be voted on. He said the project has been discolored by personality problems. He said the Librarians and Henry Dutcher of the local public library are in favor of the project because it will provide a more comfortable access to Broadway from Putnam Street than Gardner Lane. He said Putnam Street is the next potential site of downtown business development in the City and this walkway would serve as a major catapult for businesses and developers to move into that area of town.. He said efforts were taken to consider the downtown- parking dilemma and as a result, only one parking spot will be lost in this project which does not seem to be enough to warrant voting it down. He said that they have demonstrated public support as requested and are here this evening hoping to move the project forward. Commissioner Curley said that he had discussed this project with Commissioner Mirling at the very least for the purposes of discussion and for resolution. He said he does not have a problem making a motion that the council accept this request as it has been presented in hopes that it receives a second so that it can be discussed by the council. Commissioner Tom Curley moved and Commissioner Bernard Mirling seconded to accept the project and warrant the easement as requested. Commissioner Curley said this has been a long-term project that has been discussed a great deal. He said he and Commissioner Mirling have both talked with Bruce Levinsky on this matter and Mr. Levinsky has talked to the other members of the City Council and the Mayor. He said that any citizen that brings an item before the City Council deserves the opportunity to have that heard and discussed and voted on either positively or adversely. Any citizen should be granted the opportunity to come before this body and request a resolution for any situation that they are dealing with which is why he feels comfortable making the motion and why Commissioner Mirling seconded that motion. Commissioner Mirling said that this project has been a difficult issue for him. He said that as he talked with Mr. Levinsky and others involved in the project, he found that there is a great deal of information they present that indicates that this project would be a great benefit to the public. He listed the notion of adding a story to that building, creating additional space for a very high tech firm that is there; great potential for additional high tech businesses to come to our downtown; is a wonderful idea. He said he has been Page 8 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 impressed with many of Mr. Levinsky's projects, he has done some beautiful work that has enhanced our City in many ways. However, despite the fact that petitioners have a acquired a substantial number of signatures in support of the project, he said he has heard from a large number of people that are against the project. He said that tonight he is going to vote against this project and the reason is primarily because he believes that if he owned this piece of property that is in a prime location on Broadway, he would not encumber it with an easement that would complicate what could be done with that piece of property in the future. He thinks that is a critical issue that the City as owners of this property, the custodians of this property for the citizens of Saratoga Springs, need to take into consideration that there are no other easements on this property and this would create an easement on the property that if the City chose to sell this parcel in the future, would certainly restrict how it could be used and restrict how much money it could sell for. He said he has recommended and would like to recommend publicly to Mr. Levinsky that he purchase this lot which is terribly underused. He explained that to have a prime piece of property on Broadway in the center of town, and use it to park a few cars is not a wise use of that property in his opinion. He said he would rather sell that property so someone could build on it, and take that money and expand parking in other parts of the City. He said that they could get many more parking spaces for the value of that lot than the City is getting by using it as a parking lot. So, he thinks that the best course of action for that piece of property would be to sell it and create many more parking spaces somewhere else. Commissioner Mirling said that after wrestling with the facts and after at one point telling Mr. Levinsky that he was in favor of it because he liked the concept and likes the quality of Mr. Levinsky's work, and after talking to more and more people and giving it a lot of thought, he thinks the best solution is to have Mr. Levinsky purchase the lot. Commissioner Mirling said that this is the wisest choice for the City Council as custodians of this City property. Commissioner McTygue said he could not agree with Commissioner Mirling more. He said that it is about time that the City consider the possibility of selling that parcel of land rather than creating a problem with an easement through there. He said Mr. Levinsky has done a good job on projects in the City. He said he would like the City to place a value on that property and sell that piece of property and lets encourage the opinionated local newspaper to encourage them to examine their site in terms of developing a level of parking structure over the existing parking lot rather than tow cars from there all summer. Commissioner Mirling said he would like to comment in reference to the local newspaper that he wishes they would get their facts straight. He said the paper printed that there was an approval of this Pedestrian Walkway by the local Planning Board, but in fact although the Planning Board made several suggestions and raised several questions but they did not approve it. Commissioner McTygue said that the City should sell the parcel to Mr. Levinsky and take the money and spend it wisely because as the City Council learned recently from a report on downtown parking, there is a serious situation with parking in this City. With the additional development that Mr. Levinsky intends to put on that parcel, the City Page 9 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 would be creating itself a serious parking problem that it is unable to address. He said the City's downtown business has become very successful, and many of the projects Mr. Levinsky has dealt with in the downtown business district have not provided one parking space. He said it is time that the City had funds in order to provide additional parking in the downtown business district. Commissioner Lenz said that this is a difficult issue and he has spoken with Mr. Levinsky several times on this matter. One of his concerns is to focus on the in-filling of Broadway. He said that a lot of the areas that are currently parking lots on Broadway were at one time buildings that either burned down or were torn down, and Lillians Parking lot is no exception to that rule. Commissioner Lenz said that there was a situation with the area known as the "mini-mall" which was not the best use for that property. He said that the in-fill on that particular piece of property has had a tremendous impact on the foot traffic and the economic activity on the west side of Broadway because the Roohan building has incorporated a wonderful walk-through that was in keeping with the RFP that the City put out. He said the City requested that the walk- through exist for the purpose of allowing those that parked in the Woodlawn Avenue lots to walk easily to Broadway. He said he thought that Lillian's parking lot would be an ideal place for more in-fill. The difficulty that the City has always struggled with is that it does not want to put in new buildings without having parking to make up for the parking the City is going to lose when the new buildings are put in. He said he knows there have been discussion about another parking deck, which he said is one of those issues that is not a matter of "if" but rather of "when" the funding is available, there will be an additional parking deck built somewhere in the City. He said the City needs money to do that and one of the ways to do that is to serve two purposes at once by issuing an RFP requesting someone to purchase that particular parcel and utilize those funds to either off-set the debt-service payment on a new parking facility or at least earmarking that money towards one. He said that when the City is looking at a parcel of land to sell, it should be noted that there are already issues on that property, there are exit doors on each building around that parcel and access doors to apartments behind Lillian's. He said that to put one or two easements on that parcel would impact the price of that parcel and might impede the ability of someone to put a building on that parcel. He said he always thought that the lot would be a perfect spot for a building because it would be the ideal use for that site. He reiterated that to put two easements on that property would be a detriment to putting together an RFP for the sale of that property. He said that he would also be voting no this evening. He said the City Council ought to get together and the time is now to visit the possibility of putting together an RFP. The City Council should set specific parameters for what they would like that building to be like and once that is determined, they should put together an RFP for the sale of that parcel. Commissioner McTygue said that since the City Engineer was present, he would like the Engineers to do a complete investigation of that parking lot because it is an elevated lot with a lot of concrete structures supporting it, and it has probably been years since that lot was examined. Since the City may end up having to invest money into that parking structure, it is best to have information from the City Engineer on the condition of that Page 10 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 parking structure. Commissioner McTygue said that he regretted that Barbara Lombardo from the Saratogian newspaper is on vacation, so she was unable to attend tonight's meeting to learn the facts first hand for her next editorial. Commissioner Curley said he is looking at the project from a different point of view. He said is going to support the motion. He feels that looking at what is possible for development on secondary streets, behind Broadway, looking at the project from the point of view that it could bring people from the secondary streets, for example those from the Library or businesses in that area, and walkers from Caroline Street and Phila Street up to Broadway from that particular pedestrian area. He said he thinks it could be developed that if the easement was granted, .it could be written so that the City could proceed with some of the concerns it has with developing that parking lot to a point where a building could be built on it. He said that there is not much space left to build on Broadway in the downtown area. He said that Congress Park Center is headed in the right direction and with the building of the Roohan Building where there is a pedestrian walkway going from a parking lot to Broadway. He said the thinking behind that from his days of serving on the Planning Board was to give the foot traffic the opportunity to go from a secondary street to the main street. Commissioner Curley said he has had some but not a lot of discussion with people who are opposed to this and some discussion with people in favor of it. He believes there is a balance that could be sought out that possibly could make this work. He said he does think the easement agreement could be written in a way that if something did come up that the City could work with the builders or work with the people who are buying the property so that it could be changed and made to work for the City even better. He said he believes this would be an opportunity for the City Council to help open up some other economic areas for the downtown development, and he intends to vote yes for this proposal. Bruce Levinsky asked to be able to comment prior to council's vote on this issue. He said that since 1992 the City and Merlin Development have entered into a variety of agreements, understandings and contracts; all with the express intention of bringing this project to fruition at all times with a pedestrian connector. He said at all times with an entryway to a third floor of that structure; at all times it was predicated upon a public good. He said it was all codified, which the City Council members have seen repeatedly. He said nothing has changed since 1992 that would in anyway detract the thinking other than perhaps a concept that there is greater value to that parking lot. He said that in order to make this a more feasible project for council approval, they were able to re-design it so there would be only one single parking space eliminated. He said that the issue of eliminating parking spaces was always the primary concern and they addressed that issue. Mr. Levinsky said that it is clear that there are three users on that existing parking deck. He said that the issue that has bubbled up within the past year is whether the request for easements would somehow infringe upon a benefit that the City might receive now thinking to sell that parking lot. He said he would use it as a parking lot. He thinks as a developer that the easements would not be prohibitive relative to someone thinking of acquiring that property. He said he is very discouraged at the suggestion of voting this request down because it is certainly in the best interest of the City for this to go forward. Page 11 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Mr. Levinsky recommends that the City Council table the issue which would allow him to get together with either Commissioner Mirling or Commissioner Curley to see if the issue of easements vs. value; the possibility that the easements might adversely encumber the value of that property; can be resolved. He said then he would come back to the City Council for reconsideration because it makes no sense to vote negatively and have the City lose something it has tried to achieve since 1992 when with a little more effort to make this happen, the City could be the beneficiary as well as the business owners and the citizens. He said there are too many benefits for the City to simply vote this down, so he requests that the City Council withdraw their motion and table it to reconvene at a later date after the City Council has had a chance to mitigate their objections. He said that the City has an opportunity and it should take advantage of it rather than vote it down. Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to call the question. Ayes 3 Nays 1 (Curley) Commissioner Lenz said that a vote could now be taken on the original motion made by Commissioner Thomas Curley and seconded by Commissioner Bernard Mirling to accept the easement as proposed. Nays 3 (Mirling, Lenz, McTygue) Ayes 1 (Curley) Commissioner Mirling announced that given the events on September 11, he wanted to remind people that they can make contributions to the Community Foundation in the Accounts Department. The Community Foundation is raising the money for the September 11 fund to go directly to the victims of this terrible tragedy. He said that every penny that is collected will go to the victims because there are no administrative funds of any kind. He said that if anyone would like to make a contribution to help the victims can do so in the Accounts office. Commissioner Curley brought up that the Saratoga Springs Fire Department have also been collecting money by filling boots and have raised $12,000. They will make sure the dollars are properly applied to the needs of the victims because fire departments are families and they lost people in the tragedy. FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payroll for 09/07/01 in the amount of $ 351,681.59 and for 09/18/01 in the amount of $ 349,074.88. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 2SEP01 – Warrant 2 – 28 General Fund $ 150,552.36 Page 12 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 City Center Authority 10,985.95 Water Fund 18,202.76 Sewer Fund 2,935.82 Capital Projects Fund 265,104.65 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 10,315.43 Total Warrant $ 458,096.97 Ayes all MC010912 – WARRANT 2 – 5 General Fund $ 34,366.27 City Center Authority 355.50 Water Fund 26,777.12 Sewer Fund 255.02 Capital Project 400.00 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 62,153.91 Ayes all MC091201 – WARRANT 2 General Fund $ 6,000.00 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 -0- Total Warrant $ 6,000.00 Ayes all Approve Budget Amendments (See Attached) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as distributed. Ayes all. Approve Budget Transfers (see attached) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the budget transfers as distributed. Ayes all Page 13 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Discussion: 2002 Budget: Commissioner Lenz said that on August 25, 2001 he circulated the 2002 revenue and expenditure budget request worksheets. He said that the worksheets are due in his office by October 1, 2001 in accordance with the City Charter. He said once he has received all of the requests, he will compile the requests and report to the council a detail of the requests by the October 15, 2001 deadline. He said that after October 15, he will schedule workshops and public hearings in order to have a budget adopted by November 30, 2001. August 31, 2001 Financial Report Deputy Commissioner Christine Gillmett-Brown distributed the Financial report for the month ending August 31, 2001. Commissioner Lenz said this report is through August 31, and approximately 64% of the City’s budgeted expenditures have been expended and that is right about where the City ought to be and even a little ahead. He said that some of the departments are a little ahead and some a little behind, but overall it is right on schedule, so he urged the departments to keep up the good work as they move into the final part of the year. Approve Expenditures from Capital Reserve : Commissioner Lenz said that on August 21, 2001 the City Council approved up to $55,000 to complete structural repairs in the Engineer Office in City Hall. Due to the fact that the work to be done involves extensive reconstruction of the foundation and support structures, the City Attorney has said that the payments can be made from the “Real Property Acquisition and Municipal Facility Improvement Capital Reserve Fund.” Commissioner Lenz explained that this fund was established to be used to improve municipal facilities, for parking structures, or anything related to a municipal function. He said he asked Jeff Wait to check into this and he confirmed that since this project is being done on City Hall, then this fund could be used. Therefore Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the City Engineer reconstruction expenditures not to exceed $55,000.00 from the “Real Property Acquisition and Municipal Facility Improvement Capital Reserve Fund”. Commissioner Lenz said that the money for this project was approved at the September 4 City Council meeting. He clarified that this is a motion to state where, the line item, that money was coming from. Ayes all DEPARTMENT OF PUBLIC WORKS Commissioner Thomas McTygue announced the paving schedule for October 1 through October 4. Ratification of Previously Approved Expenditures Commissioner McTygue moved and Commissioner Thomas Curley seconded to ratify the expenditure that has been previously approved by memo for ADMAR Supply Company of Albany in the amount of $1400 for the rental of the electric Page 14 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 boom used at the Carousel site. Commissioner McTygue said that they gave the City a credit of $550 off the original bill. Ayes all Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to ratify the expenditure for Hawk Well Drilling in the amount of $2881 for a new water well at the Weibel Avenue PBA Field. Commissioner McTygue explained that originally the memo listed the amount as $2,605, but there is an additional charge of $ 276, bringing the total to be approved up to $2881 because they had to drill lower than the 50 feet that was quoted. He said it is a good clean well. Ayes all. Commissioner McTygue moved and Commissioner Thomas Curley seconded to approve the expenditure to Saratoga Sod Farm in the amount of $1,114 for sod for the West Side Recreation Field. Commissioner McTygue said this is for the improvements of the baseball field on the West Side. Ayes all Commissioner McTygue moved and Commissioner Bernard Mirling seconded to approve the expenditure to Bellevue Builders in the amount of $3,817.45 for spruce decking for the carousel site. Ayes all Commissioner McTygue moved and Commissioner Thomas Curley seconded to approve the expenditure to the William Morris Excavation Company in the amount of $4,000 for grading and topsoil at the West Side Recreation Field baseball diamond. Ayes all. Commissioner McTygue commented that a considerable amount of improvements have been done at the East and West Side Recreation Fields. He urged the council members to drive by Gilbert Road fields to see the activity., He said there are twenty four games going on simultaneously there. He said that there have been some changes and improvements to the parking situation and some help was needed with traffic control. There are now two entrances coming into this field. He said that to see the amount of children having fun at the Gilbert Road Fields, the East Side Field and the Geyser Park fields is evident that there is a lot going on in this City for the youth of Saratoga Springs. Commissioner McTygue said he has personnel present at the Gilbert Road sight to help with parking the cars, and moving the cars out of the site to keep everyone safe. Request Workshop Re: Abandoned Property in the City He said that what he would like to do in conjunction with the Department of Public Safety and their Code Enforcement people and with the City Attorney is to clean up the abandoned properties. He would like a meeting to inform the City Council and the general public of what is going on with regards to these properties. He said for example there is an abandoned piece of property of Division Street which has been abandoned for well over ten years. It has not been cleaned up and it does not look like the City is going to get the assistance it needs, so this workshop should be held to decide what action the City is going to take on its own to clean up these sites, and eventually go through the process of taking these properties over. He said there are several sites, one where two days were spent to clean up a site where the owner had passed away. He said the clean- ups are to enhance the neighborhood because the neighbors should not have to deal with Page 15 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 the mess at some of these abandoned properties. Cleaning up and clearing off these sites helps eliminate the blight in some of these areas because they are then visible to neighbors and passers by. He said that perhaps a ten or fifteen minute discussion at each Council meeting for awhile would keep the process moving in a forward direction. Commissioner Curley said there are a few properties his department is concerned about and would like to add to the list. Commissioner McTygue said that there was a piece of property on Nelson Avenue with an absentee landlord and he was sent a letter and now that parcel is cleaned up. He said some of these situations only take a little communication to solve, others will take more drastic steps. Commissioner Curley said that when he first took office, they tried to go the route of “voluntary compliance” and had some degree of cooperation but the last couple of years they have become more aggressive and have subsequently been more successful. He said that once the tone is set to take aggressive action it sets the pace and quickens the compliance ratio a lot more and that approach has resulted in more success. Clarification of Capital Project – Gas Canopy Commissioner McTygue said that when they set their capital account in the budget there was an oversight in how it was printed because the line item says only “salt shed”. He explained that the department’s request at the time was for money for both the salt shed and the gas canopy projects to be set aside in that account. He needs the correction to be made so that the expenditures pertaining to the gas canopy can be paid. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to make the clarification that the line item in the Department of Public Works capital account in the amount of $70,000 be changed to read “salt shed and gas canopy”. Commissioner Lenz said that he wanted to make sure that he has the right information. He said that in the 2001 budget, in the capital reserve account there was $70,000 set aside for salt shed. He said the gas canopy project was apparently removed during the budget process. He asked Commissioner McTygue to clarify the amounts of money for each of the two projects. Commissioner McTygue said that at this point the money would be used for the gas canopy with the remainder encumbered into next year for the salt shed project. He said he would like the line item to list both projects. Ayes all Discussion & Vote – Grande Industrial Park Water Tank Commissioner McTygue said that on March 20, 2001 the City Council approved a contract with Barton & Loguidice to design a water tower for the Grande Industrial Park in the amount of $54,000. He said it was his understanding that the money from the City contribution, $350,000 and the expected money from the County, $325,000, would cover this. Commissioner McTygue explained that the money expected from the county has not materialized and he is requesting that the money be taken out of the City’s surplus for this payment. Also, if and when the City is reimbursed for this work from the County or the State, the money will be returned to the City’s surplus. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to take $ 54,000 from the City’s surplus in lieu of the contribution promised from Saratoga County Page 16 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 with a promise that if and when the City is reimbursed for this project by the County or the State, the money will be returned to the City’s surplus. Commissioner Lenz called upon City Engineer Paul Male to explain this. Paul Male said that initially Barton and Loguidice had proposed to do the work for two hundred thousand dollars plus, but the Engineering Office and the Department of Public Works did a lot of the work themselves and reduced the proposal to $54,000. They were providing the expertise the City did not have and they filled out an application for funding for this water tower project. Commissioner Thomas McTygue read, from a copy of the minutes of March 20, 2001, the motion he made regarding this project. He said that the contract entered into with Barton & Loguidice was in the amount of $54,000 and the motion states that that amount also includes $2,500 for pressure monitoring equipment. Paul Male said this equipment has not yet been received. Commissioner McTygue said that the funds were going to be available in the Sewer Account assuming that the County would give the City the funds, which have never materialized. Paul Male said that to date around $400,000 has been spent on this project. Commissioner Lenz asked what is to be expected on this project regarding expenses and Paul Male said that the project will ultimately cost around 2.6 million dollars. He said that they have tried to secure grant funds for this but nothing has materialized as yet and the County has not sent their money. He said although money was appropriated from the State, he said that the money might have to be redistributed due to the World Trade Center disaster on September 11. Commissioner McTygue commented that some of the lines going into the building may be too small to accommodate the connectors and he said that can effect service. He said that Barton & Loguidice wants to analyze pressure problems and resolve them. He said that Nelson and Crescent Avenues need a pressure-reducing valve. He said that the City has made it through population increases to 100,000 people without problems, so he believes the City may be able to cure its service problems without spending millions. He said the only reason the City may need to build the water tower is for additional industrialization. Commissioner McTygue said he does not want to get into these situations again, so no projects are going to be done on the County's promise again because he does not trust them to follow through. He said that if the money is not on the line the City should not participate with the County on a project. Commissioner Lenz said that the Nation is entering a period of financial uncertainty and he cautioned that when thinking about budgeting, the council members must try to avoid taking money from the surplus because of the uncertain times ahead. Ayes all Discussion – Veteran’s Walk of Honor Brick Re-Dedication – September 22 Commissioner McTygue urged all the City Council members and the public to attend the re-dedication of the veteran’s walk of honor in Congress Park on Saturday September 22, at 2:00 PM. He said that to date his department has installed 1,534 bricks. The 199th Army Band from Camp Smith in Peekskill will be performing as well as the Son’s & Page 17 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Daughters of Liberty Fife and Drum Corps. He said a benediction will follow. He said that light refreshments will be served after the ceremony. Waive of Bid – Dehn’s Flowers; Curtis Lumber Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve a waive of bid to Dehn’s Flowers in the amount of $3,167.53 for an accumulation of flowers and shrubs for the remainder of the summer that were not included in this year’s bid. He said that the money is in his budget for this. He also pointed out that the City is reimbursed by the downtown Special Assessment District toward the purchase of flowers for the business district. Ayes all Commissioner McTygue moved and Commissioner Thomas Curley seconded to approve a waive of bid for Curtis Lumber Company in the amount of $2,806.30 for laminate beams for the Gas Canopy at the City Garage. He said the money is in the Capital Budget for this project. Ayes all Request Transfer of Funds – Landfill Closure to Spring Brook Run Capital Commissioner McTygue explained that at the City Council meeting of April 17, 2001, the council voted unanimously to hire the law firm of Young & Sommer to act as legal representative in the pending litigation with the Department of Environmental Conservation, but the money was not appropriated at that time. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve a transfer of funds from the Landfill Closure Account into the Spring Brook Run Capital Account #H361 8174 54729 1042 in the amount of $10,000 to cover these bills. Ayes all PUBLIC SAFETY DEPARTMENT Authorization for Mayor to Sign Court Security Agreement Commissioner Thomas Curley moved and Commissioner Bernard Mirling for the Mayor to sign the annual 2001-2002 Court Security Agreement for the Offices of Court Administration in the amount of $81,000. Commissioner Curley said this is an annual contract with reimbursement to provide security to City Court. Ayes all WTC Disaster Response Commissioner Curley said it is important to know that there are members of the City’s Police and Fire Departments that have been involved in the disaster in New York City. He urges the City Council and the public to remember these people to make sure they come back safely. For the New York Urban Regional Response Team, there are SSFD Captain Robert Williams, Firefighter Joseph Cook and Firefighter John Stewart. From the 109th New York Air National Guard Firefighter Michael Woodcock and representing the New York Army National Guard 417th C Company, Firefighter Pat Rocco who has been down returned and is scheduled on standby to go back down; and New York Army National Guard 42nd Division, Lt. John Betor of the SSFD and on standby with the Army Page 18 of 19 City Council Meeting Minutes Tuesday, September 18, 2001 Reserves are Anthony Strauss and Jason Tetu with the Saratoga Springs Police Department. He said there also has been a request to provide a resource list for the Division of Criminal Justice of the State of New York and there have been a number of Police Officers who have signed up to rotate down to New York City should a need be triggered by the State and it would be the New York City Emergency Personnel to relieve some of the Police Officers in New York City. Commissioner Curley said there is a tremendous outpouring of support for what is going on and he would like to give recognition to these individuals and ask for the support and prayers of everyone for these individuals that they come back safely. ADJOURNMENT Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to adjourn the meeting. Seeing no further business, Commissioner Michael Lenz closed the meeting at 8:58 pm. Ayes all Respectfully submitted, Nancy Wagner Clerk Adopted: Page 19 of 19