City Council

City Council Meeting Minutes Tuesday, November 20, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY NOVEMBER 20, 2001 Present: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Bernard Mirling Staff Present: City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Carol Kennedy Also Present: Supervisor Phil Klein Supervisor Anthony Scirocco PUBLIC HEARING: Local Law #6 2001, Gilbert Road/Meadowbrook Road Water District Mayor Klotz opened the public hearing at 6:02 pm. He turned it over to Commissioner McTygue who welcomed the residents of the Gilbert/Meadowbrook Road neighborhood that were in attendance. He asked the Assistant City Attorney to explain the local law. Mr. Izzo said that there are two parcels that are not going to be included in this project, it is a small pie shaped wedge on the map, one is not a buildable parcel and the other has no street frontage. He said that everything else in the Gilbert Road/Conver Drive and Mystic Lane area is included in the project. He said that the water line will start just past the intersection of Meadowbrook Road and Beacon Hill Drive at the City tap on Beacon Hill Drive, through Piping Rock and Mystic Lane and ends a little past Conver Drive. Tony Izzo explained that the number one rule when establishing a Special Assessment District is that the individuals in that district have to get what they pay for; there must be some kind of a benefit that offsets the money they have to pay out. He said that the particular benefit is that even though the lots may be served by an existing water company, there is a benefit in having City water run through a lot. He said as long as there is a benefit, then it is perfectly lawful to establish a Special Assessment District. He said that the law itself is the same as the one for Knoll Spring Park; it encompasses the idea that individuals have provided the City with evidence that something is wrong with their current water system and the water service is inconsistent. He said the concept of adjacent properties is there, and these are simply properties that are near the district and may be hooked up to the water line in the future, and if so will then be considered as part of the Special Assessment District. Commissioner McTygue said that 85% of the residents have to sign on and agree to the Special Assessment water district. Tony Izzo said that he is not aware of a particular threshold as long as there is a conceptual benefit, an improvement, then the district is a lawful one. Stan Borden said that the cost for the installation of the water system includes the main line piping, all subdivision connections from the new pipe into existing system. Commissioner Page 1 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 McTygue said that the corporation would shut off at the property line and the residents will then have to take it from there into their home. Commissioner McTygue said that the way the City water ordinance is set up, if there is a leak in the service line from the main into the house, the homeowner is responsible from the service line into the house. He said that he may come back to the City Council looking to take over responsibility of water lines from the main to the property line (curb) because since it is now the resident’s responsibility, it may be a tremendous financial burden on a family and may result in work not being completed and hazardous conditions resulting. Commissioner McTygue said that the total project costs $325,000 and they are asking for $50,000 to come from the water fund. He said that he would like to have the council set up a team to get some appraisals on the properties done before any water is connected in order to determine the improvement resulting from being connected to City Water. He said that the package is 5.5% over a ten year period will result in a cost to the residents of $674.28 annually which will be charged to each property owner on a quarterly basis. Deputy Finance Commissioner Christine Gillmett-Brown explained that the amount of the levy will be added to their City and County property tax bill as an additional amount and they will have the option of paying it quarterly or paying it in full and receiving a discount. She cautioned that they will be billed once and there are four stubs on that bill. Mayor Klotz asked if there is going to be a separate account set up for this, and Deputy Commissioner Gillmett-Brown said that a reserve fund will be created for that and the connection fees and interest will be added to it and held in the account until the time that the bond payment is to be made. Commissioner McTygue said that this is a different scenario than Knoll Spring Park. He said that this is a short run line that will come down the Meadowbrook Road where there are a lot of wetlands, and only three or four properties that might be able to connect to the line, in which case that three thousand dollar connection fee per property would come off of this bond. He said that the worst case scenario with this water line is the $674.28 cost annually, and on top of it the property owner must pay their water bill. He said that fire hydrants will be placed in the area also which will help reduce the cost of fire insurance in this area. Marilyn Sandberg of 9 Conver Drive asked how many years the $674.28 would be charged and Commissioner McTygue said ten years. Bill Beard from Conver Drive asked if the three thousand-dollar connecting fee is in addition to the charge of $674.28 annually for ten years. Commissioner McTygue said that since they are setting up the special water district, the residents involved are not going to be paying the connection fee, they are only responsible for paying the $674.28 for ten years. He said that anyone along the path of the new line, which includes about three or four properties, who is not part of the district, but wishes to connect to it must pay the three thousand dollar connection fee. Commissioner Lenz said that the figure of $674.28 is an estimate, so when the City goes to bond, that figure may fluctuate up or down slightly depending upon the rates at the time of the bonding. Commissioner McTygue said that there is small contingency built into the figures so they do not have to come back to the homeowner and ask for more money. Page 2 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Stan Borden from the Engineering Department said that when they put the estimates together, they looked at the project as an emergency situation. He said that a job like this in the private sector would cost twice as much. He said that the reason why is that the City is purchasing all the materials now and the cost for these is about $250,000. He said that a good rule of thumb is that traditionally the cost of a project is twice the materials cost. In response to a question on the schedule of the project, Commissioner McTygue said that depending on the weather, they are planning to start in April. He said they have to get permits from the County because the water line is going along a County highway. He said he anticipates the project will be completed around June 30. He said this is an ambitious project but there are some very talented people in the Department of Public Works that will deal well with a project like this. He said that the Knoll Spring Park Project was much bigger and it was very successful. He said that there might be some difficulty when they get down around the stream beds and some of the water areas down there but they are confident that they can finish by the end of June. Pat Izzo of Piping Rock said that lots of people support this project, and most of her neighbors support it. Commissioner McTygue asked her to carry the message to the people that are not present, to the five opposed property owners, to assure them that this will raise the value of their property and help reduce the cost of fire insurance. Mayor Klotz said that he understands that Pat is indicating that the neighborhood is overwhelmingly in favor of this project and Mrs. Izzo concurred. Pat Izzo added that eventually when they realize how nice it is to have City water, everyone in the neighborhood will want to connect to the line. One individual pointed out that a letter sent to the residents said that the Public Hearing started at 7 pm instead of 6:00 pm and Commissioner McTygue said that the council will take a few moments at 7 pm to brief those that attend at that time. A woman asked if there would be a period of time when they would be without water while the City line is being put in and Commissioner McTygue said no because the City will run the line up to each property line and then the property owner has to hire a plumber has to run copper line to connect into the home. He said that that will be the transition because it will not take very lone to make that connection. Stan Borden said that the estimated cost to connect the copper pipe is around $600, but if the copper pipe is already there, there will be no cost because the City will simply connect that pipe to the water main. A resident asked if the City would contract out to a plumber to hook up all the houses at once, or if the neighbors should get together to possibly get a group rate. Commissioner McTygue said that in Knoll Spring Park residents got together and hired a plumber for a group rate. He said that if a plumber got ten or fifteen jobs when he is out there, he would set a lower rate, so he suggests that the residents get together, and talk to a few plumbers to get the best possible package deal and split the cost. Commissioner Lenz said that the bill for the water line wouldn't be incurred on the City/County tax bill until 2003 so there is time to save money and prepare for the expense. One resident said she understands from the Knoll Spring Project that if the house is sold before the ten years are up, the bill goes with the property, and is passed on to the property owner. Commissioner McTygue said that the value of the properties in Knoll Spring Park went up considerably once the municipal water was run out to that development. He said that the costs have been kept Page 3 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 down because they are not dealing with a contractor who has a built in profit and who would have to pay sales tax. Commissioner McTygue said that on a materials cost of $250,000, there is a substantial amount of sales tax that the contractor would have to pay that would be absorbed in the cost of the project. He said the people of this neighborhood have put up with their poor water situation too long and the City is happy to be able to help them. John Corrou of Piping Rock Circle said he owns two properties on a well and gets good water most of the time but the consistency of the City water, the fire hydrants and the increase of the retail value of the house are all great benefits to a great program and he wants to thank Commissioner McTygue and the council. Commissioner McTygue said that if the project is approved this evening, they can move ahead with a materials list and get ready to start the project as soon as the ground is thawed, depending how difficult the winter is. Bill said that it has only been eight weeks since they contacted the Department of Public Works about the possibility of getting city water and DPW and the Engineers are to be commended for their fast response and everyone appreciates it and most are ready to sign up. He said that they have been on a boil-water notice for the past three months and they have heard nothing from the New York State Health Department. He said those wheels turn slowly but for the City to get this far in two months is commendable. Commissioner McTygue said that this form of government makes it easy to cut through the red tape in situations like this, and he said that the residents were very cooperative, which makes it even easier to push a project like this forward. One of the property owners on Gilbert Road said that she is not getting the water and Commissioner McTygue said that the homes closer to Route 29 may be able to get a water line in the near future, but the ones in the wetlands are in a problem area for laying pipe. He said that he would not require a petition to look at the numbers and see the feasibility of connecting to some of the other homes in the future. Mayor Klotz closed the Public Hearing on the Local Law no. 6, the Gilbert/Meadowbrook Road Water District at 6:35 pm. PUBLIC HEARING, CITY BUDGET 2002 Mayor Klotz opened the public hearing on the City’s 2002 budget at 6:45 pm. Mayor Klotz turned the hearing over to Commissioner Lenz. Commissioner Lenz said that this is the second public hearing on the 2002 budget and the preliminary budget has been available on the City’s website. He said that there is a 1.66% decrease in revenue exclusive of property taxes. Commissioner Lenz said there is about a $305,000 shortfall that would need to be made up in property tax revenue which equates to a 4.34% tax rate increase. Commissioner Lenz asked for public comments. Nancy Fairbanks, Director of Saratoga Center for the Family requests money for services for the residents of Saratoga Springs. She said that there are therapy programs, group programs provided for everyone in Saratoga County regardless of their ability to pay. She said that in the year 2000, 28% of their clients came from the City of Saratoga Springs. She said that the agency is requesting $10,000 and this is would be an investment in all of our futures. Mayor Page 4 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Klotz commented that the organization has taken a bold initiative in acquiring a new building and adding a child advocacy center. Nancy said that this request is not related to the new building, but it involves only the provision of services to City residents. She said that other funding has been sought from the Saratoga County Department of Social Services, the Saratoga County Youth Bureau, the Saratoga Foundation, and the towns of Malta, and Halfmoon. Seeing that no one else wished to speak at the Public hearing on the 2002 budget, Mayor Klotz closed the public hearing at 6:50 pm. PUBLIC HEARING, PART TWO: LOCAL LAW No. 6 2001, Mayor Klotz re-opened the public hearing on Local Law No. 6 because of the confusion on the time. The group was given the same information as the earlier group and all information revealed at the first part of the hearing was reiterated to the people at this hearing. Rick Mattison of 6 Mystic Lane asked if the water fund donated any money for the Knoll Spring Park project and Commissioner McTygue said they did not because the City is gong to go ahead and try to purchase the Gilbert Road property that is now being used for recreation, and will be for general recreational use, so the City is willing to put that amount into this project. Dom Figliomeni of 14 Mystic Lane asked about State or Federal monies that he hear was available to extend into existing districts that have water problems. Commissioner McTygue responded that he did not know of any such grant or matching opportunities but that using a grant program could complicate and seriously delay the project. Stan Borden said that addressing the issue of grants and matching funds, there are none within the time frame set for this project. He said that funding is available for low interest loans, but the City’s rate is very close and the advantage is that they would not have to weigh through the typical red tape of funded projects or loan opportunities since these programs always include delays. Seeing no other questions, Mayor Klotz closed the second phase of the public hearing on Local Law No. 6 2001. Mayor Klotz said that so the individuals attending the public hearing on the water district did not have to wait through the council meeting agenda, the vote on Local Law No. 6 will be moved up on the agenda. DEPARTMENT OF PUBLIC WORKS Vote: Gilbert Road/Meadowbrook Road (01-221) Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to approve Local Law No. 6 of 2001 to create a special assessment district in the Gilbert/Meadowbrook Road area as a water district. Commissioner McTygue said that this is a very ambitious project and he expects to have no problems weather permitting. Mayor Klotz said that this is a fast response to an urgent need in the neighborhood. Ayes all MAYOR’S DEPARTMENT Page 5 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Revision to Previously Granted Easement – Palmetto Property (01-222) Mayor Klotz said that it has been determined that it is necessary to make a revision to a previously granted easement. Assistant City Attorney Tony Izzo said that an easement comes about through a survey of the property that reveals an encroachment of that property onto city property. He said that Mr. Richard Mullaney brought it to his attention that the Palmetto easement refers to an encroachment of no greater than five feet, when instead the easement should read "an encroachment no greater than 7 feet." He said that this easement pertains to creating handicapped accessibility to the building. Resolution: Traffic Signals (01-223) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign an agreement with the New York State Department of Transportation for the traffic signal upgrades. Deputy Commissioner of finance, Christine Gillmett Brown said she doe not know if money needs to be fronted but Stan Borden said that the City Council has to approve the $1,063,685 project and the agreement and then the reimbursements will come in. He said that ultimately, the city's obligation is $39,000 and no money will need to be put up from at this point in the process. Stan Borden explained that of the City's match of $177,545, $120,000 is from Brause and $57,000 is from the Capital budget. He said that the $39,000 payment would not be due until 2002. Mayor Klotz said that since it is recommended to issue a bond for this project, they might want to amend the capital budget to do that. Commissioner Curley said that he believes that Brause will pay the $60,000 balance of the $120,000 when the project starts. Commissioner McTygue said that the council might want to require that it be put in escrow so it does not fall through the cracks. In response to the Mayor's question as to when the City's 20% match would be complete, Stan 'Borden said that it may be due by percentages as parts of the project are completed. He said they could not move ahead without the agreement and State approval. Commissioner Curley said that this started in 1997, with the two signals at the head of Caroline Street and Grove Street. He said that originally there were 21 signals to be installed but because of the time that has elapsed, there were a couple of emergencies where the intersections needed signals right away and it has been done. He said that this is a good opportunity for the City to move forward on this project. Ayes all. YMCA Resolution (01-224) Mayor Klotz called upon Matt Jones, Attorney for the Saratoga Y to explain the resolution. He said that the Y is acquiring a 23-acre parcel owned by W.J.Grande and Son, Inc. and James Grande. On the property, the City owns a Railroad spur and the rights to the Railroad Run, which goes from the Northeast to the Southeast corner of the property and ends at Congress Avenue. The railroad spur bisects the Grande parcels. The Y is requesting that the City Council agree to convey the railroad spur to the Y and the Y will convey back to the City an easement to the Railroad Run which the City is interested in continuing through the Grande parcels, an interest served by this conveyance. Mayor Klotz said that there had been concerns expressed about the maintenance of The Railroad Run and Matt Jones said the Y would retain ownership and grant Page 6 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 the City an easement for the extension of The Railroad Run. He said that the contract with the YMCA is conditioned upon the YMCA receiving the title to the Grande parcels. He presented the following resolution of the City Council for approval: WHEREAS, the City is the owner of a parcel of land which runs from Congress Avenue to West Avenue, being a former railroad spur, which said parcel Is more accurately depicted on a survey map of lands of W.J. Grande and Son, Inc. And James J. Grande, to be conveyed to YMCA of Saratoga, Inc., last revised March 21, 2001, and prepared by Santo Associates, Inc. (the “Survey”), and WHEREAS, the YMCA of Saratoga Inc (“YMCA”) has contracted to purchase The lands of W.J. Grande and Son, Inc. and James J. Grande (the “Grande Parcels”) depicted on the Survey, consisting of 23.183 acres of land, and WHEREAS, the railroad spur owned by the City has not been used by the City for any purpose since its acquisition, has no present or contemplated use by the City, is of nominal value and bisects the Grande Parcels, and WHEREAS, the City has devoted substantial resources to the development of Pedestrian and bicycle trails in and throughout the City, and has identified the continuation Of such trails as a high priority in various declarations and pronouncements of the City, Including the City’s comprehensive Plan, and WHEREAS, the City has constructed a portion of The Railroad Run, a pedestrian And bicycle trail immediately to the northeast of the Grande Parcels, and WHEREAS, the City is desirous of continuing The Railroad Run through the Grande Parcels by virtue of an easement over said lands, and WHEREAS, the City does not currently provide funds for the maintenance of The Railroad Run and in the absence of such funding, the Department of Public Works Is not sufficiently staffed to adequately maintain future extensions of The Railroad Run and WHEREAS, the YMCA has offered to the City an easement for the continuation of The Railroad Run over the Grande Parcels, in the area generally along the common boundary Line with Espey Manufacturing, as more particularly identified on the Survey, in consideration for the City’s conveyance to the YMCA of the former railroad spur traversing the Grande Parcels, NOW, THEREFORE, be it RESOLVED, that the Mayor be authorized to execute a contract with the YMCA For the conveyance of the railroad spur owned by the City to the YMCA in consideration Of the YMCA’s grant of an easement for the extension of The Railroad Run in the area Described on the Survey, and it is further RESOLVED, that following execution of the contract, the Mayor be authorized To execute any and all real property transfer documents necessary to effect the transfer of the Railroad spur, and it is further Page 7 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 RESOLVED, that the Mayor is authorized to receive from the YMCA an easement Over the lands depicted on the attached Survey, which said easement shall be for the purpose Of the extension of The Railroad Run; and it is further RESOLVED, that the contract with the YMCA is expressly conditioned upon the YMCA receiving title to the Grande Parcels, it being the intention of this Resolution that The conveyance be made simultaneously therewith. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the Resolution pertaining to the disposition of City lands adjacent to West Avenue and the acquisition of an easement for the continuation of Railroad Run. Ayes all Vote: Historic Preservation Plan (01-225) Mayor Klotz called upon Dennis deJonghe, the chairman of the Historic Preservation Plan Committee to give the City Council a brief summary on that report. Dennis deJonghe said that he is here to ask the City Council to adopt the Historic Preservation Plan as a policy guide. He explained that in February the Mayor created a Historic Preservation Plan Committee consisting of ten members representing the Preservation Foundation, Historic Society, Urban Heritage Area, and the Chamber/Tourism Bureau. He publicly thanked the committee for their hard work. He said they also used a consultant, Neil Larson & Associates, who did an outstanding job. Mr. DeJonghe said that the committee was charged with preparing a citywide comprehensive Historic Preservation Plan, presented to the City Council on October 2, 2001. He said since then the committee has gone around the community securing endorsements of the plan from the Saratoga Springs Preservation Foundation, the Design Review Commission, the Open Space Project, the Urban Heritage Area Program Advisory Committee, and the Historic Society of Saratoga Springs. He explained that the Plan sets forth a suggested work program for historic preservation activities in the next ten years dealing with education, economic development, and regulatory issues. He said it is an ambitious program that allows response to opportunities. He said the plan sets priorities, but identifies over 125 specific actions that should occur over the next ten years; identifies which organizations should be involved in those actions and approximately how much the activities might cost. He said the plan seeks cooperation between the public, non-profit and private sectors. Mayor Klotz said that the committee did a very good job. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to adopt the Historic Preservation Plan as a policy guide for future historic preservation activities. Ayes all Authorization for Mayor to Sign Easement Agreements – Decorative Lights (01-226) Commissioner Thomas McTygue said that this year Christmas decorations are going to be put up on Caroline Street and Phila Street, but in order to do this they need to place anchors into buildings and run a cable between the buildings in order to drape the decorations on the cables. He said the electricity for the decorations will be run off of the city’s decorative light fixtures, two on Caroline Street and two on Phila Street. Commissioner McTygue said this is the start of decorating some of the side streets. He said this year they have added wreaths and they are Page 8 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 spreading the project over a five-year period of time. He said the easements are needed to formally approve hooking up the cable. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the City to enter into specific easement agreements with building owners regarding the installation of cable for decorative lighting. Ayes all Easement Request (01-227) Mayor Klotz said that there is a request for an easement regarding the Whitehead property at 505 Broadway. Assistant City Attorney Tony Izzo said that the distance of the encroachment onto City property is six feet and has existed since 1835 and involves a stairway stoop. He said that the property owners would like the stairway stoop to remain where it is. Tony Izzo said that to do so would have no negative impact upon the City. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the easement request involving the Whitehead property at 505 Broadway. Ayes all Report: Sister City Committee Mayor Klotz explained that the Sister City committee was planning for representatives from Chekkov Russia to visit the City of Saratoga Springs, but between the events involving the WTC on September 11 and his medial problems, the visit was not feasible. He said that now they are looking to having them visit this summer, in June or July. He called upon Lou Schneider to speak about the visit. Lou said that there is a schedule set up for the seven-day visit which encompasses visiting may of the City’s cultural and entertainment facilities and touring the City. He said that there is a lot to show them in a short period of time. Executive Session: Article 17 Mayor Klotz requested an Executive Session to discuss pending litigation. Set Public Hearing: Local Law #9, Deputy Mayor Mayor Klotz explained that the new revision to the City Charter created an opportunity for the Mayor to have a Deputy as an administrative position listed officially in the City Charter. He said that since all of the pieces called for in the City Charter revision must be in place as of January 2004, he wants to begin with establishing this administrative position. He said he consulted with the City Attorney who suggested creating a local law to amend the current City Charter accordingly. Mayor Klotz set the Public Hearing for December 4 at 6:45 pm. Vote: Capital Budget (01-228) Mayor Klotz formally presented the final version of the Capital Budget he is proposing for 2002. He explained that there are two parts to this, one is the actual capital budget for 2002 and a capital plan which is a five-year plan for the years 2003 through 2007. Mayor Klotz said that the proposal is similar to the one he made several weeks ago with a few changes. He explained Page 9 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 that the difference is primarily that the original called for constructing a multi-purpose recreational facility in 2002, but he does not believe that they are far enough along to actually have the building built and be in a position to pay for it this year. He said that he has put money in the plan for property acquisitions in order to proceed with the process of identifying a site for the facility. He said he has moved the money for the actual construction of the facility into the 2003 proposed five-year capital plan. He said he is still working with a million-dollar estimate for the facility with the debt service being the first year at $93,000, which is what the Deputy Commissioner of finance had calculated. Mayor Klotz said that one of the highest priorities of recommendations by the Recreation Task Force is to obtain the Gilbert Road property, and he has placed money under property acquisitions for that purpose, which is another addition to his original proposal. Commissioner Curley has been asked to limit himself to $325,000 in the Capital Budget. Mayor Klotz said that he is also proposing a small increase in the property tax rate and he hoped to have no tax increase again this year, and the City has been nursing a fund balance which Commissioner Lenz has been using for tax stabilization. Mayor Klotz said he has been concerned about the extent to which they are drawing on that fund balance, and it seems necessary at this point to have a small tax increase which will enable them to stay ahead of the curve so that there isn't a situation in a few years where there has to be a major increase. He said that the increase only produces about $35,000 within the capital budget. He said that in this budget, there are a number of line items that are estimates and not correct to the last dollar, particularly the debt service for old debt, the property tax fluctuation and the category of "others" on revenue. He said that budgets are estimates for the next year with the knowledge that there may be slight changes in details. Deputy Commissioner Gillmett Brown said that the debt service amount can not be an estimate because it is bonded for old debt and must be changed to the accurate figure of $1,211,795 because these are bonds that have been issued and the principle and interest payments are a set amount, so the line item must changed to be accurate and not an estimate. She said that the figures for new debt are an estimate. Mayor Klotz asked if there is a more accurate figure under "other" for revenues and Christine Gillmett Brown said that the more accurate figure for revenues is $215,234,000 She said she is confident in that figure, and if it is increased by $15,000 it will help meet that exact amount of the debt service. She explained that the property tax rate in the capital fund could be dropped to 2.49% but Mayor Klotz said he wants to keep the tax rate set at 3.8% and to make the adjustment in the amount of fund balance that is drawn. He said there is close to $2,000 in additional expense and close to $5,000 of additional revenue and one way of handling that is to draw less on the fund balance. Commissioner Lenz said that he wants to be sure the $39,455 for the traffic signal upgrade is in the Capital Budget. Christine Gillmett Brown said that one of the options is that since the county surplus redistribution was $489,000 this year and right now there is only $400,000 allocated towards that so this could be adjusted to pay for the rest of that project. Mayor Klotz said he wants to increase the $400,000 to the amount of $455,000, then that will give us the money to cover the gap for the traffic signals upgrade project. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the Capital budget as presented and amended. Ayes all. Page 10 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 ACCOUNTS DEPARTMENT Approval of October 23 minutes Budget Workshop Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the minutes of the October 23 budget workshop meeting. Ayes all Set Public Hearing on Local Law #8 Commissioner Mirling set a public hearing on Local Law #8, the amendment of the City Code Chapter 215 entitled “Taxicabs” for December 4 at 6:30 pm. FINANCE DEPARTMENT Executive Session: Personnel Matters Commissioner Lenz requested an Executive Session on personnel matters. Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payroll for 11/09/01 in the amount of $ 313,631.16, and for 11/16/01 in the amount of $337,315.86. Ayes all Commissioner Lenz said that before the warrants can be approved, Commissioner Mirling has to make an amendment to the City’s contract with Lewis and Greer since a voucher was submitted for payment to Lewis and Greer in the amount of $13,374.39 and the contract was approved for an amount between three and five thousand dollars. Commissioner Bernard Mirling moved and Commissioner Michael Lenz seconded to amend the contract with Lewis and Greer to the amount of $13,379.39. Ayes all Approve Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following warrants: 2NOV01 – Warrant 2 – 39 General Fund $ 352,521.78 City Center Authority 5,420.56 Water Fund 14,596.35 Sewer Fund 5,071.78 Capital Projects Fund 78,516.20 Special Assessment District 140.00 Trust Fund 7,950.00 Debt Service -0- Page 11 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Community Development 49,829.73 Total Warrant $ 514,046.40 Ayes all MC011114 – WARRANT 2 - 4 General Fund $ 8,609.83 City Center Authority 391.66 Water Fund 44.79 Sewer Fund 134.37 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 22.64 Total Warrant $ 9,203.29 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 Vote 2002 Budgets Water Budget: (01-229) Commissioner Lenz said that there are a number of budgets, one of which, the capital budget, has already been approved. Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the water budget for 2002 as presented. Commissioner McTygue said that there is no increase in the water rates for 2002. Ayes all Downtown Special Assessment District Budget (01-230) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the 2002 Downtown Special Assessment District budget. Ayes all City Center Authority Budget (01-231) Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the 2002 City Center Authority budget as presented. Ayes all West Avenue Special Assessment District Budget (01-232) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the 2002 West Avenue Special Assessment District budget. Ayes all General Fund Budget (01-233) Page 12 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to accept the 2002 General Fund budget as distributed. Commissioner Lenz said that his proposed 2002 General Fund budget lists total expenditures at $23,941,162; total revenues, exclusive of property taxes at $14,650,162, and fund balance utilization of $1,850,000 leaving a shortfall of $305,000 which would be made up in property tax revenue. He explained that the $305,000 levy equates to a 4.34% in the general fund tax rate. He said that this proposal presents a 7.48% increase in spending and it does have a 1.66% decrease in revenues exclusive of property taxes. He said that historically the City has seen anywhere from a five to seven percent increase in spending. He said that through the workshops the increase in spending has been reduced to 7.48%. He said that one of the objectives is to try to maintain an appropriate level of surplus, and this proposal is within the guidelines of the State Comptroller. He said that there is a modest tax increase, but the council has to face the difficult prospect each year of having increased expenses, and in some cases at dramatic rates like insurance or health insurance, that we have no control over and the difference is what we have to ask the taxpayers for. He said that some spending has been put back into the Recreation budget so they can hire a consultant to look at field maintenance, rotation and reconfiguration to properly utilize the fields. Mayor Klotz said that there is disagreement about the amount of money projected from sales tax receipts on the revenue side of the budget. He said that although there may be tax flow problems because of the mid-year adjustment from being in the County formula to being on our own, he believes that the amount that we can anticipate from sales tax revenue is significantly larger than in Commissioner Lenz proposed budget. He also believes that there is savings to be achieved in the area of health insurance. For these reasons Mayor Klotz does not intend to support Commissioner Lenz proposed budget although there are many good features included in it. Mayor Klotz said that if the proposed budget passes, that is ok, but if it fails, he is going to introduce an alternative proposal for consideration. Commissioner Curley said that it appears that most of the cuts are being placed on Public Safety. He said that his department is on duty twenty-four hours per day, 365 days per year and it takes a substantial amount of money to provide the services his department is required to provide for the community, including Police and Fire. He said that 75% of the cuts are coming out of the Public Safety budget, and he has about 38% of the total City budget. He said he has been working with the figures and he knows he can make some cuts, but the proposal of $9,213,000 leaves him about $356,000 short of what he needs in order to bring in the services to which the people in this community have become accustomed. He had proposed additional positions this year, but that he agreed to back off of the proposed dispatcher and the Account Clerk. He said he also has agreed to put off hiring any additional firefighters until July 1, halfway through the year. He said that the budget is about 90% people oriented, so there are only a few areas to cut without jeopardizing someone’s safety or services. He said for example, with cars, he puts a certain number of cars in his budget each year because a certain number of cars reach Page 13 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 mileage of over 100,000 and need to be taken off the road. Commissioner Curley said that he does not want anyone driving a car that should not be on the road. He says they make good use of what they have. He said he has a problem because his budget is short of what he needs to adequately run the department. Mayor Klotz said there was a point about the patrol cars and he thought there was a schedule as to when cars would be taken off the road. Commissioner Curley said there is a schedule that totals about four cars per year and now there are eight lease cars which although that reduces the cost of running vehicles, it adds to a continuous cost annually. He said that he is committed to a replacement program and that is the number they replace every year when they take their most heavily used vehicles out of service. Mayor Klotz asked for further discussion and seeing none, he called the question and asked for a roll call vote on the motion made by Commissioner Lenz and seconded by Commissioner Mirling to approve the proposed budget of $23,941,162 Commissioner Lenz Aye Commissioner McTygue Nay Commissioner Curley Nay Commissioner Mirling Nay Mayor Klotz Nay With one aye, and four nays, the general fund budget proposed by Commissioner Lenz fails. Mayor Klotz introduced a second proposal for City Council approval. He said that there are lots of pieces to a budget, and the question is basically where do you spend the money and where do you raise the money. He said he will highlight the aspects of his proposal that are different from the first proposal that was voted down. He said all he has done is list amounts in the expense category by department and in the revenue category by department; property tax receipts and the amount of fund balance his proposal draws on.. He said he is asking for the same additional $20,000 for a recreational field consultant. that the He said that he has reinstated requests from the Mayor’s Office, the Department of Public Works, and the Department of Public Safety to a small degree that is less than originally requested but larger than that of Commissioner Lenz’s budget. He said that built into his budget is a saving of $79,000 in liability insurance under the Accounts Department that he believes is possible. He said that his proposal includes projected savings of $300,000 on health insurance, which can be achieved according to the City’s Broker of Record. He said that most significantly, his proposal includes an increase of 8.1 million dollars in sales tax revenue compared to the 7.5 million projected by Commissioner Lenz. He said his budget also includes a small drop in revenue from the Arts Council’s rental of the old Public Library. Mayor Klotz said that the virtue of his proposal is that the total expenses are slightly less; there is considerably less reliance on fund balance in this budget; and there is a tax increase which is Page 14 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 under four percent. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the 2002 general fund budget as proposed by Mayor Klotz. Commissioner Lenz said that the figure of savings he got is considerably less than what Mayor Klotz has proposed and the savings in health insurance he got from the Broker of Record and calculated in his office is also considerably less than what the Mayor proposed. Mayor Klotz said that actually the Broker of Record had proposed an even higher number for savings and the figure used ($300,000) is conservative in relation to the conversation he had with the broker. Commissioner Lenz asked about the figures being inclusive of the $300,000 earmarked for contingency purposes, originally placed under Public Safety, but taken back into the Finance Department after the workshop. Mayor Klotz said that his budget was prepared largely against Commissioner Lenz's proposal of one week ago where that had not been transpired, so he did not incorporate it into his proposal. He said he has no objection to that change, budgets are works in progress and undergo substantial change through the process. Mayor Klotz said he took the proposal of one week ago and restored $150,000 to the Public Safety budget. He said that the amount one week ago did not reflect the change of moving the $300,000 back into Finance from the Public Safety budget. Commissioner Lenz said that Commissioner Curley would have to subtract that amount out for now to see the actual working figure of his budget. Commissioner Curley said that he is going to have a problem because there is a shortfall in his budget. Mayor is working off a Public Safety total budget of $ 9,391,966.00 from the proposal distributed November 13. Mayor Klotz wants it understood that the essence of his proposal is to restore $150,000 to the Pubic Safety budget. Commissioner Lenz said that the correct number using the proposal of Mayor Klotz is $9,541,968 and backing out the $300,000 contingency leaves $9,241,968. Mayor Klotz said that he would like to vote on his proposal with the option to make adjustments/amendments before the end of the year. Commissioner Lenz pointed out that his budget requires as bare bones a minimum of $5,646,834 and the Mayor's figure is $5,467,181 so there is a shortfall in Finance of $179,653 just for the minimum budget to function. Mayor Klotz said that the explanation for that is that his proposal is projecting a $300,000 savings in health insurance which Commissioner Lenz is not figuring on. Commissioner McTygue suggested that the council move this and come back at the next City Council meeting to make necessary amendments. Commissioner Curley said that right now he is looking at a $321,610 shortfall. Mayor Klotz said that no one at the table is getting everything they have asked for. Commissioner Curley said that his department is shouldering about 74% of the cuts and he has gone through his prior budgets and he thought his was realistic, so at this time he can not support this proposal. Commissioner Lenz said that one of the reasons he is not supporting this proposal is the number of 8.1 million dollars proposed for sales tax revenue is not one he can support in good conscience. He said he also disagrees with the amount of money proposed as savings in the health insurance line. Mayor Klotz said that the council should get the Broker of Record in on this discussion for his explanation as to where the potential saving are. Beau Kilmer asked if the Mayor's health insurance line in his budget proposal would have a negative effect upon the employees, and Mayor Klotz said he did not think so. Commissioner Mirling said he would like to see the ten Page 15 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 thousand dollars requested by Saratoga Center for the Family included in this budget. Mayor Klotz said that at this point they are not working on a micro level, they are only dealing with blocks of money and it is up to the discretion of the department head how it is spent. He said that one of the reasons he wanted some funds restored to his budget is to allow him to be able to make that kind of decision. Commissioner Mirling said that if the rest of the council agrees with him that that funding should be provided, he only cares that there is a mechanism to do that, and Mayor Klotz said that mechanism is in place in his proposal. Commissioner Curley said that he would like to sit down with the Mayor and discuss amendments to discuss his needs and he wants an opportunity to make a case and negotiate accordingly. Mayor Klotz cautioned that there is a deadline of November 30. Commissioner Curley said that if the council wants to approve the budget he would support it if the Mayor is willing to discuss and take necessary action regarding the needs of his Department, negotiating additional dollars accordingly. Commissioner Curley expressed concern that the Public Safety budget needs to be adequately to take care of and serve the needs of the community. He is willing to support the budget but in doing so he is anticipating discussion and action resulting in more money for the Public Safety Office. He feels that there are some areas in his budget that need to be addressed and that the shortfall he is being asked to take is too large. Mayor Klotz agreed to commit to discussions about these matters. Commissioner McTygue said that this is the second year now that the City is moving ahead with the capital equipment replacement that the City has adopted. He said the plan is continuing this year and will help both large departments to move ahead and plan for the kind of equipment that is needed to replace some of the old pieces of equipment that we have in the City. Commissioner McTygue said that since it has been ten years since the salary of the Commissioners has been raised. He said that according to the City Charter, the only time it can be considered to raise the Commissioners' salary is for the new incoming commission, which takes place in 2002. He said he is going to talk with each Commissioner between now and the next City Council meeting, only if there is a unanimous agreement on a set figure he will move forward and put it on the agenda for the next council meeting. A Roll-Call vote was taken on the Mayor's proposed 2002 general fund budget Commissioner Lenz Nay Commissioner McTygue Aye Commissioner Curley Aye Commissioner Mirling Aye Mayor Klotz Aye DEPARTMENT OF PUBLIC WORKS Permission to Extend Gift Brick Contract (01-234) Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to request City Council approval to extend the contract with Creative Brick and Concrete Company of Wisconsin for two more years. He said that this company supplies up with the gift bricks for the Veterans Walk of Honor. Ayes all Page 16 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Accept Streets for Snowplowing Only – Winding Brook and Stony Brook Commissioner McTygue announced the acceptance of Winding Brook Drive and Stony Book Drive in the Meadowbrook Sub-division for snowplowing only. Discussion of Abandoned Houses Commissioner McTygue said that since Commissioner Curley has planned a year-end summary of the abandoned house project, he is deferring this item to Commissioner Curley’s agenda Discussion – Saratoga County Sewer Rate Increase Commissioner McTygue said that the Saratoga county Sewer District is proposing to raise the City's sewer bill by $279,600, which represents a 16% increase over last year. He said that in addition to this increase, the County has proposed a five-year capital program which will cost the City another $377,500 this year alone. He said that both of these raises represent a 38% increase in the City's sewer bill. Commissioner McTygue said that the Sewer Commission has voted on this and now it goes to the county board of Supervisors for approval. He said unfortunately, this increase is going to be passed on to the consumers. Extension of Yesco Contract (01-235) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to request City Council approval to extend the yearly contract with YESCO for the maintenance of the Co-Gen System at the Weibel Avenue Ice Rink. He explained that this is a five-year contract renewable each year in the amount of $18,300 per year plus $2.29 per hour operating fee. Commissioner McTygue called upon Public Works Director William McTygue to discuss this. William McTygue said that this is part of the Energy to Ice project. He said they have asked the consults who developed the equipment and technology for a summary report. He said that this was cutting edge technology using landfill gas to make ice at the ice rink. He said this is not an inexpensive project; it adds up to significant costs, but the revenue from the facilities helps support it. He said he has asked the consultants to do an analysis to see if the City can get more efficiency form the project. He said that in the near future, he is going to come back to the City Council with a proposal to do the analysis. He believes that they can take advantage of updated technologies now in place. William McTygue said that the contract includes an option that a sixty-day notice can be given to opt out of the contract. Mayor Klotz mentions that the summer intern that was working on an analysis of the City's energy use was impressed with the Energy to Ice Program although there may be some technical difficulties. Bill said that the City would need to deal with the gas anyway, so this is a great use for it. He said that in the annual report required to be submitted to the State revealed that there may be room for improvement with the advancement in technology over the last few years. Commissioner Lenz asked when the gas is going to be used up. He asked if the landfill would ever be useable for building or any activities. Bill McTygue responded that there is a cap, a liner about twelve inches below the soil that can't be penetrated. He said that the cap prevents water Page 17 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 from moving through it and contaminating the groundwater. He said that the landfill would never be useable in our lifetime. He said that there is and will continue to be settlement problems, voids and portions start to sink, which makes it problematic to use. He said that it is now being used as a waste compacting, County recycling center where recycles can be separated. Ratification of Previously Approved Expenditure – P.A.M. Consulting Company Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to ratify a previously approved expenditure done by memo to P.A.M. Consulting Service, Inc. for the purchase and installation of an exhaust system at the City Garage in the amount of $9,466.65. He explained that this figure was an estimate only and the price may vary due to more or less labor time or job conditions. Ayes all Waive of Bid – Bellevue Builders Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to request City Council approval for a waive of bid for Bellevue Builders in the amount of $1,405 for materials for the Carousel. He said that the money is in the capital budget for this. Ayes all Correction of Previous Waive of Bid Commissioner McTygue explained that on October 2, 2001 he approved only $8,395 for a 1500 gallon tank for the sewer cleaner and when the invoice came in there was an additional charge of $605.45 for freight so it now necessary to get approval from the City Council to pay the additional charge. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to correct the previous waive of bid from $8,395 to $9,000.45 to include the additional charge of $605.45 for freight. Ayes all PUBLIC SAFETY DEPARTMENT Labor Contract Language (01-236) Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to ratify a previous approval by memo to amend the language of the article in the Collective Bargaining Agreement of the Administrative Officers Unit of the Saratoga Springs Police Department entitled "Clothing Allowance" to include "cleaning and/or replacement of work clothing." He explained that this change allows Police Officers to use their clothing allowance for dry cleaning as well as for purchasing their uniforms. Ayes all Code Enforcement Update Kevin Veitch and Daniel Cogan, the City’s Code Enforcers presented a booklet that outlines their progress and goals in the City’s abandoned house project. They outlined the progress and status of the properties involved in this project: Page 18 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 65 Phila Street: The property is being fined daily and they are going between the owner and prospective buyer to attempt to get a contract drawn up. He said they are also dealing with the discovery of asbestos on the property. 69 Phila Street: he said that the back of the structure has been demolished and removed because it was structurally unsafe. 195 Division Street: Mr. Cogan has been working hard on this parcel. It is still in a bad state; there is asbestos abatement needed and Dan Cogan said he has gotten a better price on asbestos removal than expected, so this should be happening soon. 36 Jefferson Street: This property owner has been taken to court for having an unsafe structure and he has since sold the property to a local man who has started to rehab the house, do sidewalk repairs and update/install sewer and water lines. 291 Jefferson Street: This is a dilapidated house that had to be removed, a process that takes a lot of time. The homeowner has been cooperative and the area does look better. 16 Bowman Street: Kevin Veitch explained that a court order has been issued to remove the collapsing barn structure. The owner has not been cooperative. He said that the lot has been sold to a developer so improvements will hopefully soon be forthcoming. Commissioner Curley pointed out that they have had a lot of cooperation and assistance from Assistant City Attorney Tony Izzo throughout the process. 63 Van Dam Street: The Code Enforcers reported that a young gentleman has purchased this property and is beginning restoration into a single family home. Commissioner Curley commented that it is nice to see single family homes within the inner City. Mayor Klotz said that there is a kind of contagious momentum created when run down structures are refurbished which is great for the neighborhoods and for City. 118 Washington Street: Kevin Veitch said these are repeat offenders but now the courts have stipulated that this person can not rent this house again until it is brought up to code. 27 Walworth Street: The Code Enforcers said they would like to see the same cooperation here that they saw with the Van Dam Street property. City Attorney Jeff Wait said this property is expected to be purchased by the end of this year. 2 Gridley Avenue: This is an unsafe structure that was boarded up earlier this year. Kevin Veitch said that the owners have been sent an appearance ticket. He said that the structure can’t be used in its present form, so the process has begun. Kevin Veitch said that every two weeks a couple of properties are cited and appearance tickets are sent out. He said there is no legal way to drag owners here from out of state, so procedures have to carry on without them. He said that there is another difficult property with problems that can not be discussed. He said that there are three properties that are pending demolition. Commissioner Curley said that having a second Code Enforcer has made a huge difference and enabled them to make progress on this project. He said they have gotten very tough, they set the tone and let it be known that they will not tolerate the existence of these dilapidated properties. He said that the process takes many hours and he appreciates the hard work involved. He believes that one more year with this approach will result in a whole new system. Page 19 of 20 City Council Meeting Minutes Tuesday, November 20, 2001 Kevin Veitch and Dan Cogan thanked the Department of Public Works for their assistance, especially with people who can not clean up their property. EXECUTIVE SESSION Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to go to Executive Session for the purpose of discussing Article 17 Procedures at the request of Mayor Klotz and Personnel Matters at the request of Commissioner Lenz. Ayes all ADJOURNMENT Seeing that no decisions were made in Executive Session, and there was no further business on the agenda, Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to adjourn the meeting at 9:45pm. Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: Page 20 of 20