City Council

City Council Meeting Minutes Tuesday, December 18, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY DECEMBER 18, 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 Robert King Also Present: Supervisor Anthony Scirocco Supervisor Phil Klein PUBLIC HEARING: Proposed Local Law No. 8 2001, Mayor Klotz opened the public hearing at 6:55 pm. He said that this public hearing is being held upon a recommendation from the Zoning Ordinance Review Board to establish a temporary restriction on development in particular areas until July 2002 at which time the zoning ordinance will be amended and brought into compliance with the new Comprehensive Plan. City Planner Geoff Bornemann said that the moratorium affects seven geographic areas outside the core of the City. He explained that the intent of this moratorium is to place a moratorium on these areas until new regulations are written that are more in sync with the Comprehensive plan. Mark DeMeo said that he is in the process of purchasing some property at the end of Albany and Newark Streets which is a four acre lot, and he is requesting a one-time exemption from the moratorium. He said he wants to build a single family home on the parcel. Mayor Klotz said that this is not is violation of the spirit of the Comprehensive Plan, which sets a minimum for this area of one house on a two-acre lot. Mark DeMeo told the City Council that there is 250 feet of road frontage on this parcel and he is aware that there are no City water or City sewer services to this parcel, but a septic system has been designed. Gully Simpson said he contests the moratorium and the Comprehensive Plan, and he wants to register a complaint. He said he does not approve of the proposed zoning and he wants it changed so he can sell the property as it has been sub-divided. He distributed maps of the property, which is on the corner of Slade Road and Rte. 29 and currently used for offices but this area is proposed as low density residential (conservation) and there is no provision for commercial development. Geoff Bornemann said that anything south of Route 29 is conservation development, low density residential. He said that the philosophy of the Comprehensive Plan committee is that it is desired to have low-density residential zoning and no commercial development on a road into the City. Page 1 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Mayor Klotz said that the issue is how the zoning will be adjudicated is called for in the Comprehensive Plan, but there is a venue to argue. Geoff Bornemann said that zoning must be consistent and compatible with the Comprehensive Plan and if any changes are imposed, the Comprehensive Plan would need to be amended as well. Seeing that no one else wished to speak on the issue of Local Law No. 8, the proposed moratorium, Mayor Klotz closed the Public Hearing at 7:07pm. PUBLIC HEARING: Proposed Local Law #9 2001 Mayor Klotz opened the public hearing at 7:08PM. Mayor Klotz called upon Assistant City Attorney Tony Izzo to explain this local law. He said that this is an amendment to an existing section of the current City Charter. He said that one of the recommendations from the Charter Review Committee was that section C-38 of the present charter regarding the contract limitations for public work contracts and for purchase contracts be raised to match those of the State, with $20,000 for contracts for public work and $10,000 for purchasing contracts. Tony Izzo said that the limits in the charter have always been rather low being that from 1915 to 1947 the limit was five hundred dollars and from 1947 to date, the limit is $1,000. He explained that the nature of the change is the change in dollar limits. He said the proposed amendment retains the current final line that allows the City Council to waive the provisions of that section by a 4/5 vote since the City had that provision in place before the State set mandates that prohibited such a provision. He said that the wording of this Local Law No. 9 is the exact wording that is in the City Charter that was approved by referendum in November to go into effect January 1, 2004. Mayor Klotz said that this is another bridge proposal that allows the City Council to implement something that is in the new City Charter. Tony Izzo said this adopts that section in its entirety word for word. Commissioner Mirling said that under State law, if there is a public work contract where the primary emphasis is on labor and construction and service and the materials are a component of that; if the predominant purpose and piece of a project is public work, the limit is $20,000, and it does not have to be bid separately because it is a project to build something so the costs of getting it done should be in the category of public work and not purchasing. He said that anything over that amount would have to be put out to bid. Tony Izzo said that one of the things that the 4/5 waiver provision has enabled the council to waive Mayor Klotz said that this means that you do not have to come running to the City ‘council for a waive of bid or for council approval if an item is $1,002. Commissioner Curley asked about other changes from the current charter law and Tony Izzo responded that raising the dollar limits is the only change. Commissioner Lenz asked if there is any definition for a contract for public work. Tony Izzo said there is no such definition in the state law. There have been case law established for many types of contracts, which are supposed to fall under the State rules. He said that generally the term Page 2 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 “contracts for public work “ refers to any kind of contract entered into by a municipality for the benefit of the public. Mayor Klotz asked if anyone from the audience wished to speak and seeing none, closed the public hearing on Local Law #9 at 7:16 PM. CALL TO ORDER Mayor Klotz called the City Council meeting to order at 7: 16 pm. Privilege of the Floor: Stephen Towne Stephen Towne, Commissioner of Accounts elect said that he was faxed a copy of the final agenda yesterday then received another agenda with three more items added on. He said that he would encourage established time frames for placing items on the agenda so that individuals can understand what is on the agenda and have the opportunity to speak on any of the items if desired. He said that he wishes to encourage the City Council to review all of the City Charter recommendations en masse to identify and prioritize those that could be looked at sooner and those that might have some dollar implications. Mr. Towne said that regarding the taxi ordinance, he wondered about the legality of voting on an ordinance change that is not preceded by a public hearing. He said that it is his understanding that it was pulled off the agenda at the last City Council meeting to allow the committee to meet and address some of the concerns expressed at that meeting. He said he understands that from the first public hearing the taxi committee has not been re-convened and the taxi owners and taxi drivers were not given an opportunity to meet with anyone regarding their concerns over this proposal. He said that the difficulty of all of this is that the process has become so extreme and flawed that it overshadows the qualitative aspects of what could very well be a good ordinance. Stephen Towne complimented Mayor Klotz on his open government approach he has tried to foment with this council and commented that the taxi ordinance issue does not have the feel of an open process. He said he finds it hard to understand why the ordinance is being pushed through when there is a vocal group of the citizenry who still have difficulty with it and do not feel they have been given an opportunity to participate. He said that this does not mean they should have been members of the taxi committee, but their concerns should have been heard and considered. Commissioner elect Towne said that after two public hearings and no re-convening of the committee, to bring the ordinance back for a vote on the last council meeting of the year is hard to reconcile. He said he would encourage the City Council to table the issue and it is his plan to have something back on the table thirty to sixty days after he takes office. Privilege of the Floor: Kevin Veitch Kevin Veitch said his comments are in reference to the proposed upgrade for the Telecommunications Specialist on the Mayor’s agenda. He said that the upgrade goes back over eight years when the City had a salary review, the job was targeted to be changed including to be re-titled and the individual had to take another civil service exam. He said the person took the Page 3 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 test, passed and was given the new job title, but the job never received the upgrade that was supposed to go along with the other changes. He said that as far as CSEA stands, they are in support of this upgrade. He said that the salary review eight years ago was not done well, and seems to have been aborted because there have been many discriminatory upgrades and raises for different positions since the review. He said that the CSEA local strongly recommends and requests another salary review of all the positions in City Hall across the board fairly and evenly to put everyone on the same playing field. He said that there are secretaries and clerks that are not far off from earning the same salary as supervisors in Public Works with eight men under them that are responsible for electricity in City buildings or the water coming into our homes. He urged the City Council to have another salary review done soon. MAYOR'S DEPARTMENT Appreciation: Commissioner Ben Mirling Mayor Klotz said that the prized democracy in the United State of America is based on individuals at all levels of government being willing to step up and present themselves as candidates for public office and if elected, to serve. He said that about two and one-half years ago, Ben Mirling agreed reluctantly to run for City Council, and for the last two years he has put in full time hours in City Hall in performance of his duties as Accounts Commissioner. Mayor Klotz expressed his appreciation and personal gratitude to Ben Mirling for his service to the City of Saratoga Springs and his personal sacrifice to contribute to the well being of this community. Approve Upgrade: Telecommunications Specialist (01-252) Mayor Klotz said that there was a salary study done under Mayor Dake in 1994-95. He said that it was a systematic review of all City positions and very few people were satisfied with that study even though it was quite expensive and extended over a period of time. He said that the study did recommend a substantial upgrade for the Telecommunication Specialist, based on the approved job description that the individual was performing. He said that the Telecommunication Specialist was subsequently informed that the City did not have the money for this upgrade so she would continue to be paid at a grade level well beneath that which was recommended. He said that in his first term of office as Mayor, he was made aware of the discrepancy, but his 2000 budget had already been passed, and he attempted to do this in 2001. He said that he inquired into the situation and was persuaded that an injustice had been done in this case for many years and he put the money in his 2001 budget to fund this upgrade that he believes is long overdue. He said that it may be that there are other inequities in the City structure and no one believes that eight years ago when the jobs and salaries were reviewed that it was exactly right. He said that it may be time for another review because every indication is that things are out of whack in terms of comparative pay for comparative levels of responsibility and as an example, he pointed out that the most responsible individuals, the ones sitting at the council table, get the lowest salary of anyone in City Hall. Therefore, he said that this is not a structure where pay equals the amount of responsibility. He said that no one is being damaged by this proposal, one individual is having her grade increased to the level recommended eight years ago. Mayor Kenneth Klotz moved Page 4 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 and Commissioner Bernard Mirling seconded for City Council approval of an upgrade to Grade 14 for the position of Telecommunications Specialist. Commissioner McTygue said he has a problem supporting this because he has had objections from most of the employees in his Department. He said that he has asked about the opportunity to do a Salary Review and it has not been done. He said that this position is being placed in the same category as the City Electrician who supervisors a number of employees, the Building and Grounds Superintendent who has 18 employees that he supervises and has to do specifications for construction projects. He said that this should have been looked at for all City employees, it is a substantial increase, over ten thousand dollars, instead of forming coalitions to give raises piece- meal, there should have been an opportunity to look at all the City employees. Mayor Klotz said that the upgrade is to a Grade 14, Step one, about $38,000, approximately a ten thousand-dollar increase over the current salary, and effective January 1, 2001, which is when he had the funding. Commissioner Lenz said that a grade 14, Step 1 is $40,000 a $10,530 for 2002. Commissioner Lenz said he agrees with Commissioner McTygue and he said his office has the fewest employees of any office in City Hall and this upgrade puts her at the same level as the Payroll, Health Benefits and Tax Collector in his office. He said he understands that resulting from a salary increase of this magnitude, there will be a significant ripple effect throughout City Hall that would put all Commissioners in a difficult position. He said that the general protocol is that the Union indicates whether they support this change. Kevin Veitch said that it is not for the members to decide, and whether people feel it is fair is not an issue, and the objections are about personalities. He said that continuing to ignore the fact that an upgrade is recommended will compound the problem to a point where the person in that position is going to walk out the door, and then when the position is to be filled, in order to fill it, the salary would have to be raised because that is what the job title warrants. Mayor Klotz said that the demand for a salary study, a review, has only served as a delaying tactic from this particular issue. He said that a salary review should be done. Commissioner Curley said that there needs to be an overall comprehensive review of all the positions in City Hall. He belies that there needs to be a commitment made tonight to either set some specifications and look for firms to do this kind of salary review. Commissioner Lenz Nay Commissioner McTygue Nay Commissioner Curley Aye Commissioner Mirling Aye Mayor Klotz Aye Motion passes, 3-2. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded that the City Council make a commitment of their intentions to have a systematic review of all positions in City Hall within the next calendar year. Commissioner McTygue asked which office would take responsibility to solicit proposals for the study and Mayor Klotz said he would be happy to do it and Commissioner Curley said he would be happy to work with anyone on the Council. Page 5 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Mayor Klotz agreed to solicit proposals for the salary review and he would have a proposal to hire a particular firm within thirty to sixty days. Ayes all Approve Contract: Zoning Consultant (01-253) Mayor Klotz said that the advisory committee that he established to oversee the process of amending the City’s zoning ordinances to make them consistent with the Comprehensive Plan has recommended the hiring of a consultant to undertake this very complex task. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to authorize the Mayor to sign a professional service contract with Environmental Design and Research, P.C. in an amount not to exceed $70,000. He said that there is adequate funding in his 2002 operating budget for this expenditure. City Planner Geoff Bornemann said that the Zoning Ordinance Review Committee was formed in September and they decided that it was absolutely necessary to have assistance to implement the Comprehensive Plan with a new Zoning Ordinance. He said that the new Comprehensive Plan calls for a total re-write of the zoning ordinance to making it more graphically oriented, better, more user friendly as well as changing the land use policies that are reflected in the Comprehensive Plan. Geoff Bornemann explained that the committee sent out over twenty-five requests for proposals and received six back, and each proposal indicated that the task of rewriting the whole ordinance was very expensive so the committee recommended that the task be broken into phases. He said that the first phase is to target the key items in the ordinance that are most important to the Comprehensive Plan including rewriting new regulations for the Conservation Development district. He said that the second phase is to rewrite and be more definitive about the details and the density and performance standards of development that occurs within the Special Development areas, the former impact areas of the City where development is encouraged under the Comprehensive Plan. He explained that the third phase is to create some guidelines and policies for the commercial entranceways into the City, including coming up with an overall structure for the new zoning ordinance that would fit into the future phases. He said that the committee decided that Environmental Design and Research P.C. is the right firm for the job because they have strong graphic orientation and a strong land use law component. Mayor Klotz said that the money for this did not make its way into the approved budget so he suggests that it come from fund balance since it is a necessary expenditure. He said that the contract will be signed now but the invoice will be submitted next year. Commissioner Lenz asked about the total cost and Geoff Bornemann said that the only obligation is for this phase for an amount not to exceed $70,000 including expenses. Mayor Klotz said that the committee believes these are the tasks of the highest priority that should be done as quickly as possible. Geoff Bornemann explained that during this process there is going to be extensive public workshops and public hearings. Geoff Bornemann said that in order to meet the needs of people today, it is necessary to create a more graphic and user-friendly ordinance. He said that this contract says that parts will be rewritten and these amendments will be brought to the City Council for approval. He said that the first phase is crucial and it is expected that this part of the ordinance will be able to be plugged into the Comprehensive Plan by July 2002. Page 6 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Mayor Klotz said that the City Council is not obligating itself to Phase 2. He said that the situation with the zoning ordinance is that the language is archaic and in need of an upgrade and the City Council can determine to add amenities after phase 1. He said that what is being proposed is the most critical tasks that need to be done soon. Commissioner Mirling said that Phase 1 is essentially to take those components of the Comprehensive Plan and create zoning law for things that do not have any zoning law in our present zoning ordinance such as Conservation Design District, and in Phase two to look at items that already exists but needs to be improved, modified or presented in a different format to make it more user friendly. Geoff Bornemann said that the price is a closed-end price. He said that among the six firms submitting proposals, the range of bids were between $70,000 and $200,000. Ayes: 3, Nays: 2 (Curley, Lenz) Confirmation of Approval by Memo: Recreation Position (01-254) Mayor Klotz said that this item is a confirmation of the approval by memo concerning a re- packaging of some part-time positions in the Recreation Department to a full time position, which was recommended some time ago by the Recreation Commission and he agreed to it several weeks ago and has received approval by memo. He asked Linda Terricola to elaborate on this situation. She said that the present part-time position of Account Clerk in the Recreation Department would be extended to full time, and the position is in the 2002 budget. She said that the position would be effective Monday December 24, 2001 at Grade 2, step 1, for a salary of $22,090 and on January 1, 2002 the salary for Grade 2 Step 1 would increase to $22,753. Linda Terricola said that this has been approved by the Civil Service Commission and by the Civil Service Employees Association Local 846. Commissioner McTygue said that he did not support the addition of this position because the council awarded the Mayor a full-time position of Deputy Mayor which he supported because he thought it would be a good opportunity for that individual to come in to review some of these areas to see if changes and additions were really necessary. Mayor Klotz said that there have been numerous reviews and reports including from the State Comptroller's Office and from the ESCOT report that recommended the creation of this position, and there have been ongoing reviews of the Recreation Department and its functions, and these will continue. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to confirm the approval by memo for the creation of the full time position of Account Clerk in the Recreation Department effective Monday, December 24, 2001. Ayes: 4 Nays: 1 (McTygue) Approve Recreation Fee Changes (01-255) Recreation Director Linda Terricola said that they are proposing to increase the fees for use of the Ice Rink by five dollars per hour for City User groups at both the Weibel Avenue and the Vernon Page 7 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Ice Rinks and by eight dollars an hour for use of either rink for non-City groups. She explained that these are competitive rates, which would take effect on June 1, 2002. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the increases in fees for the Ice Rink user groups, effective June 1, 2002, as presented. Linda Terricola said that the Recreation Commission approves this proposal. Ayes all Linda Terricola said that the former Youth Parking Program Coordinator recommended that parking fees be increased for the give-away days at the Saratoga Racetrack. She said that this proposal was presented to and subsequently approved by the Recreation Commission. She asked that the parking fee on Jackson Street be increased from four to five dollars, the fees on Wright Street and the NYRA lot be increased to from six to eight dollars on Give-away Days. Mayor Klotz said that since the New York Racing Association (NYRA) is doing the City a favor this year waiving the $11,000 lease fee for using their lot to park cars, any proposals for fee increases should be subject to their approval. Mayor Klotz said that the lots on Wright and Jackson Streets are on City property. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that the City Council approve the increase in the parking fees on Give-away Days as presented, with the contingency that the fee for the NYRA lot be discussed and approved by NYRA. Ayes all Recreation Department: Approval for Materials from Allerdice (01-256) Recreation Director Linda Terricola explained that her department is requesting a waive of bid for the purchase of materials from Allerdice for building materials for two sheds, 14’ by 20’. Discussion ensued about the placement of these sheds. Commissioner Lenz said that approving the expense of the construction of the sheds is not the same as approving where they will placed. Deputy Commissioner Christine Gillmett-Brown said that since this is out of the 2001 budget, the money needs to be encumbered and in order to do an encumbrance, the expense needs to be approved. Commissioner McTygue said that since the City does not own the land, approval must be obtained from the owners for placement of the sheds. Since Linda Terricola had received permission for one to be at the East Side Recreation field, the council agreed to move ahead on the approval contingent upon the procurement of approvals for placement from the appropriate parties. Linda Terricola said that the money could be used for the next item, the picnic tables and benches since they are badly needed. Mayor Klotz asked the Recreation Director to report back to the Council with information and confirmation regarding placement of the sheds. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded for council approval for the purchase of materials from Allerdice Building Supply in an amount not to exceed $3,800 for two 14’x20’ Gable Style sheds contingent upon the proper approvals for placement. Ayes all Recreation Department: Approval BOCES Labor (01-257) Mayor Klotz said that if this is approved, then the project could proceed if everything works out regarding placement, and if it does not work out, it just won’t happen. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the expense of up to $1200 for the Washington-Saratoga-Warren-Hamilton-Essex BOCES Construction Trades Class to build two 14’ x20’ sheds contingent upon the proper approvals for placement. Ayes all Page 8 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Recreation Director Linda Terricola said that there should be a separate motion made for picnic tables and benches, which is another part of the project. She said that the approval to BOCES to build the picnic tables and benches should be up to $500 in addition to what was approved in the prior motion. She explained that the next motion should be for the approval of up to $980 to Allerdice Building Supply for materials for picnic tables and benches which is in addition to the first motion to Allerdice that was approved. Mayor Klotz questioned the fact that these items were not listed on the agenda. Commissioner McTygue said that it is not necessary to waive the bid on these expenditures anyway since neither one equals or exceeds $1,000. Sales Tax Resolution Mayor Klotz asked City Attorney Jeff Wait to explain this item. He said that the City Council needs to make a resolution basically updating and detailing the intention of the City at this particular stage in the pursuit of the City imposing its own sales tax levy to begin June 1, 2002. City Attorney Wait said that June 28, the City Council passed a resolution imposing its own Sales and Use Tax and on July 17 the City Council unanimously approved an amendment to that resolution changing the effective date of the imposition of the Sales Tax levy from March 1 to June 1, 2002. He said that at that time it was understood that the amended resolution would be prepared by the State Department of Taxation and Finance and received by the City shortly thereafter. He said that at that time, he intended to get the amended resolution and date it as of the July 17 passing of the motion. He said that he has just received the amended resolution, so rather than back date it to July, he thought it best to circulate it among the Council members and adopt it this evening. He said that following its adoption there is a whole process to go through including formally notifying the State Department of Taxation and Finance, the State Comptroller, and the County and City Clerk’s Offices. Mayor Klotz said that this is a legal technicality re-confirming what the City Council has already done. City attorney Jeff Wait said that the only thing that is being done is that the City is re-confirming that the effective date is June 1, 2002. He said that he, the Department of Taxation and Finance and the County Attorney are in agreement that this is the appropriate thing to do under the Sales Tax Sharing agreement that was in place. He said that the distribution formula runs through May 31, 2001 so the best date to impose the City’s levy is June 1, 2002. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded for the City Council to adopt the Sales Tax Resolution recommended by the City Attorney. Commissioner McTygue said that the Council can start the slogan to Shop Saratoga Springs and go to places such as Hannaford and Kmart which are in the City of Saratoga Springs. Commissioner Lenz said that this resolution simply moves the date to 6/1/2002 when the City begins to impose its own sales tax. Commissioner Lenz said that this enactment shall take effect on June 1, 2002 and the new resolution needs to reflect the initial resolution. Ayes all Appearance: Frank Sullivan Neighborhood District Rezoning City Planner Geoff Bornemann said that the City Council has received a petition from the August Group to create a rezoning text and a map amendment to create a new zoning district called the Frank Sullivan Neighborhood District. He said that this involves about 22 parcels of land and a Page 9 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 block around the track bounded by Nelson, Lincoln Avenue, Wright Street, and Frank Sullivan Place. He said that these parcels are currently zoned Urban Residential 2, which is a single-family district. He called upon the attorney for the August Group, John Carusone to explain this request. John Carusone said that they are seeking to create a Neighborhood District in that square block nestled within racetrack property. He said that the majority of the parcels are not used as single family residences, but are used for parking, restaurants, barns, refreshment stands. He said that they are seeking to create a zone where the uses will be consistent with what the properties are actually being used for. He said that they have met on two occasions with the neighbors and sought their input in preparing the proposal and the response was generally favorable. He asked the council to approve referring this request to the City and County Planning boards for an advisory opinion. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to accept the proposal for the Frank Sullivan Neighborhood District Rezoning project for study and refer it to the Planning Board for an advisory opinion. Ayes all Executive Session: Litigation Mayor Klotz requested an executive session for the purposes of discussing a matter of tax certiorari litigation. Schedule Public Forum: VLT’s Mayor Klotz said that he wanted to schedule a public forum on the placement of Video Lottery Terminals in Saratoga Springs. He said that there has been a lot of discussion recently with strong opinions on both sides of the question, and he thought that a public forum would be useful He asked County Supervisors Klein and Scirocco for a projected timetable so that the forum could be scheduled prior to the vote of the County Supervisors. Supervisor Scirocco said that the County is planning to hold a public hearing on this subject. Commissioner McTygue asked Supervisors Klein and Scirocco to try to get the County’s public forum on the VLTs held in Saratoga Springs. Supervisor Klein said that the next meeting of the County Board of Supervisors will probably be on January 15, 2002. Supervisor Klein said that he would report back to the City Council at the next regular City Council meeting January 2, 2002. Approval for the Mayor to Sign Renewal Agreement for Operation and Maintenance of East and West Side Recreation Fields and Facilities. (01-260) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the renewal agreement with the SSECSD School Board to operate and maintain the East and West Side Recreation Fields and Facilities at the same terms and conditions as last year for the year 2002. He said that this is a routine agreement that is signed annually. Ayes all ACCOUNTS DEPARTMENT Approval of the minutes of the November 20 and the December 4 City Council Meetings Page 10 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the minutes of the November 20 and the December 4 City Council meetings. Mayor Klotz requested that approval be contingent upon an editorial amendment and a minor correction to the December 4 minutes on page 14. Ayes all Vote on Local Law No. 8: Moratorium (01-261) Commissioner Mirling moved and Mayor Kenneth Klotz seconded to issue a negative SEQR declaration and for the adoption of Local Law #8, the moratorium. Mayor Klotz mentioned the concerns of two property owners, with one the issue was with the zoning ordinance. He said that the other situation dealt with an individual wanting to purchase property and build a single family home in the area of Newark and Albany Streets. He said that the City Attorney states that there will be mechanisms for presentation to the Planning Board of the particular situation that could result either in the Planning Board determining that this would not be in violation of the moratorium, or recommending to the City on further study that the City grant the exception that the couple is seeking. Mayor Klotz supports the moratorium and he feels he could assist the couple in the process. Commissioner McTygue suggested that the council make an amendment allowing Mr. DeMeo to proceed with his plan instead of subjecting him to the Planning Board process. He said their plan is in compliance with the Comprehensive Plan. Mayor Klotz said that the concern of the Planning Board and the Zoning Ordinance Review Committee was the susceptibility to lawsuits concerning the entire moratorium. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to amend the Local Law no. 8, the Moratorium, to exclude the particular parcel in the area of Newark and Albany Streets from the moratorium. City Planner Geoff Bornemann said that the area is currently zoned UR1, quarter acre lots. He said that there is a technical problem in that the current owner of the property allegedly illegally subdivided the property around 1985 into two lots, but there is no record of this so the couple desires to purchase a lot that does not legally exist and in order to do that they must come before the Planning Board to obtain a subdivision. He said that the moratorium prohibits the Planning Board from acting on subdivisions during the specified period of time because subdivisions lead to the further division of land and that could potentially be inconsistent with the Comprehensive Plan policy. Geoff Bornemann said that if the couple had purchased the property and gone to the Board prior to the approval of the Comprehensive Plan, they could build the house on lot they want. Mayor Klotz said that the plans of the DeMeo’s are within the spirit and policy of the Comprehensive Plan. Commissioner McTygue said that if the council does not approve the moratorium then Mr. DeMeo can proceed with his plans. City Attorney Wait said that he does not see any reason why the applicant can’t proceed, he is just not comfortable carving out an exception to the local law without defining that exception specifically. Page 11 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner Lenz expressed concern that giving one amendment or exception to the rule would lead to others coming forward and requesting similar exceptions. Jeff Wait said that this would be substantive to the moratorium and if so then if the council allowed the exception they couldn’t approve the moratorium this evening. He said that if exceptions are created without definition, it is entirely possible for the DeMeos to get what they want. He said that the council should approve the moratorium, but not the amendment. Discussion ensued among between the City Council members and the city Attorney whether it would be more appropriate to pass the moratorium with or without an amendment. Jeff Wait said he feels that the moratorium is very important and carving out an amendment could happen at a later date. Mayor Klotz said that the moratorium is being recommended because the zoning in these areas is in conflict and not consistent with the will of the city in the Comprehensive Plan. Jeff Wait said the moratorium is temporary, due to expire July 1, and could be repealed if the zoning changes are in place earlier. Mr. DeMeo said that the purchase of the land is contingent on getting this issue resolved and he has already spent money on a surveyor and on Engineering work, and he does not want to run into a delay that could result in the loss of money. He said that this parcel is right on the edge of the area of the proposed moratorium. City Attorney Wait said that it needs to be addressed whether they would be granted the subdivision regardless of the moratorium before an exception is imposed on the moratorium. Commissioner McTygue suggested that the council could withdraw that section of Albany Street from the moratorium since it is not a crucial area and there are no utilities to that section. City Attorney Wait said it would be best to withdraw that section from the moratorium and pass the moratorium as amended. Geoff Bornemann said that there had been no objections to proposals of development in the Albany/Newark Street area since the Bowersox project a long time ago, so it is safe to assume that no one objects to the project being proposed by the DeMeos. Commissioner Lenz said he is concerned that this might be creating a problem, that other people are going to start requesting that their parcel be removed from the moratorium. Geoff Bornemann said that it is not required in the moratorium process to send a personal letter to every owner of property in the area of the moratorium. He said that it is only required to advertise the proposal and list the parcel numbers. City Attorney Wait suggested that the City Council pass the moratorium and if there are requests for exceptions then the council should examine that request. Mayor Klotz said that this is the nature of the process that the Council holds a public hearing and reacts to the response it gets by passing, tabling, defeating or amending the proposal as it determines from the information it receives at that public hearing. Mr. DeMeo said that part of the parcel is not under the moratorium. Geoff Bornemann said that the parcel is “L” shaped, and it is tax parcel 178 block 1 lot 46. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to table the vote on Local Law No. 8. A roll call vote was taken on the motion to table: Commissioner Lenz: Aye Page 12 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner McTygue: Nay Commissioner Curley: Aye Commissioner Mirling: Nay Mayor Klotz: Nay The Motion to Table was defeated 3-2. The amended motion was to delete parcel 178 block one, lot 46 from the proposed moratorium, Local Law No. 8. A roll call vote was taken on this amendment: Commissioner Lenz: Nay Commissioner McTygue: Aye Commissioner Curley: Aye Commissioner Mirling: Aye Mayor Klotz: Aye The amendment to the original motion passed 4-1. Mayor Klotz asked the council to vote on Local Law no. 8, the moratorium, as amended. A roll- call vote was taken on this motion: Commissioner Lenz: Nay Commissioner McTygue: Aye Commissioner Curley: Nay Commissioner Mirling: Aye Mayor Klotz: Aye The amended motion passed 3-2 Vote on Local Law No. 9: Purchasing Procedures (01-262) Commissioner Bernard Mirling moved and Commissioner Michael Lenz seconded for council approval of Local Law No. 9 to amend Section C-38 of the City Charter regarding purchasing contracts. Mayor Klotz explained that this was the subject of the second public hearing tonight. Commissioner Lenz said that the council is voting to increase the monetary limits for public work inclusive of the entire City Council, for up to twenty thousand dollars. He said that he would like to see this done in a more comprehensive manner in the new City Charter. Tony Izzo said that he would contact the Chairman of the Charter Review Committee, Harvey Fox and work out a language amendment with him. Ayes all Discussion: Risk Management Commissioner Mirling said that in response to an effort to reduce insurance premiums, a Safety Committee was formed and he said he wanted to take this opportunity to thank the committee members including Michael Biss, Bruce Brown, Bob Cogan, Jim Cornick, Linda Curley, Tony Fisher, Paul Male, Cindy May, Bill McTygue, and Fred Whipple. He said the committee continues to meet monthly. He introduced Ken Gray representing St. Paul’s insurance to give a report to the Council on the efforts of the committee. Ken Grey said that he is the Vice President of Marshall & Sterling Upstate Insurance. He said that the St. Paul's Company that the City entered into contract with in May of 2000 was granted three-year bid award with the City. He said that St. Paul's is the largest public entity writer in the United States. He said that since he is a certified risk manager he thought it is a good time and opportunity to try to control the City’s Page 13 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 short and long-term costs. St Paul agreed to give a resource plan to the City and during that year they conducted a risk management audit and analysis prior to the first year policy term. He said that the losses of the City were quite aggressive in that essentially they were more than double what the premiums were paid. He said that they wanted to reduce risks and control costs so the City is not paying a lot of money for insurance. He said that the audit and analysis identified areas of strength and some areas where there is need for development and an opportunity to strengthen. He said that overall the City did well in terms of the overall rating. He said that one area of development was the passage of a revised City Charter, which indicates that communication is happening. He said that the costs were escalating so the City asked how costs could be reduced. Ken Grey said that research revealed that St. Paul's prices were the best available, so they appealed to St. Paul that the City would establish a serious Safety Committee. He said as a result of that they were able to negotiate a $20,000 reduction in premium for the City. He said that it is important to continue this progress and the spirit of cooperation with the new Commissioner to keep the City Council on track, to establish goals, and look at how goals are measured. He said that in lieu of the September 11 disaster the whole re-insurance world is upside down and to forecast the 2002 budget, they have researched other companies and determined that St. Paul’s pricing seems to be on track but after the transition, more discussion will take place. He made reference to traffic problems at the Gilbert Road Soccer field and commended the heads of the three departments involved for working as a team. He said his goal is to keep costs low and make Saratoga Springs a safe City. Commissioner McTygue said that there was a large meeting in the Department of Public Works where safety procedures were reviewed and ideas for improvement are being implemented. Ken Grey said that insurance companies are currently re-negotiating their insurance property contracts and the increase can be anything from a 40 to 80% increase. He said that does not mean that this city will see these kinds of increases, but that these companies are going to take more risks on themselves so Saratoga Springs has to be sure it is the most attractive risk out there. He said that after last year, the City’s frequency was higher than similarly sized Cities, so he is going to try to reduce that frequency with the City and try to reduce severity losses as well. Vote: Local Law #10: Taxi Ordinance Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve Local Law Number 10 the amendment of the City Code Chapter 215 entitled “Taxicabs”. Commissioner Mirling proposed an amendment to his motion. Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for a friendly amendment to delete line 1 on page 9, “Transportation of such person if not consented to by a passenger who has already hired the taxi cab” and renumber item 2 as number 1 and item 3 as number 2. Commissioner Mirling said that this line was supposed to have been deleted but was unintentionally left in the proposed ordinance. Mayor Klotz said that this correction is an editorial change. Ayes: 2, Nays: 3 (Curley, Lenz and McTygue) Mayor Klotz said that they heard at two different public hearings a large amount of dissatisfaction with the ordinance from members of the community, particularly with individuals involved with Page 14 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 the local taxi companies. He said that balanced against this is the work of a citizen's committee that worked for a long time doing their best to bring the City’s taxi ordinance up to date, trying to follow what was being done in other communities, and to provide the City with a model ordinance. He said he is persuaded that the committee made every effort to reach out to the owners and drivers of the local taxi firms and he thinks the process that was undertaken was a model one. He said that in reference to open government, the committee was widely representative committee that had numerous meetings that were advertised, open to the public, resulting in a proposal followed by a public hearing to which the response was that the ordinance was reviewed and modified. He said that in practice this does not always happen, usually the council goes ahead and votes, but an extra effort was made to respond to the concerns and objections expressed. He said he appreciates the work of the committee and the product is a good start, although some concerns still need to be addressed. He said that there would be opportunities for modification, so he is prepared to support the ordinance. Commissioner McTygue said he is not going to support the ordinance and instead he wants to see the committee and the taxi owners and drivers work together and hopefully agree on a document so the council could deal with this issue in late January or early February. Commissioner Mirling said that this is an excellent job by an outstanding committee. He said their concern was for public safety and the viability of the taxi business in Saratoga Springs. He said that the process was public with open meetings and the taxi owners and drivers had a year and a half to come forward with concerns. One concern was made and was withdrawn from the ordinance, and other portions were not withdrawn. Commissioner Mirling said that he can not support the motion without approval of the friendly amendment because he agrees that the shared ride provision should be totally removed. He said that the failure of the amendment to pass precludes him from voting on it as well. Commissioner Mirling withdrew the original motion. He said that he hopes that the committee is be invited to reconvene and be included in the continuation of the process. Commissioner Lenz commended the work that was done and said that he feels that the ordinance is close but still needs some work, and the committee should be involved in that process. Vote to Adopt City Purchasing Policy and Procedures (01-263) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for council approval and the adoption of the Purchasing Policy and Procedures as distributed. He said that this policy was distributed among all council members to receive their suggestions and feed back, and he edited the document and now has distributed the amended version for adoption by the City Council. Commissioner Mirling said that this policy supports and reflects the New York State law. He said that as a City Council, they are required by New York State Law of 1992 to approve Purchasing Policy and Procedures and to review it annually. He said that since the City is out of compliance with this New York State Law since the Council has not adopted a formal Purchasing Policy. He said that the charter change raising the bid and approval limits being adopted first put that in line with State law so this Policy and Procedures could be adopted to bring the City in compliance with that State Law. He said that there has been confusion between the Local Law #9 charter change and the policy, so he had a hard time getting this on the agenda to bring the City in Page 15 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 compliance with State Law. Mayor Klotz said that the Department of Accounts has been charged with the responsibility to develop a City Purchasing Policy and Procedures and seek approval of the policy by the City Council. Commissioner Mirling said that once the policy is implemented, it could always be amended or modified and to do so does not require a public referendum. He said that there has been confusion all week between the Local Law #9 charter change and the policy. He said he had a hard time getting this on the agenda to bring the City in compliance with State Law. He said that built into the Sate mandate that requires the City to have this policy is a requirement for an annual review. He said that once people start using this, they will find something that is not clear or is not covered or have questions regarding intent or clarity that will call for review and change by the Council. He said that this could be brought before the council for modification as often as desired. Commissioner Lenz said that he is not supporting the policy as a courtesy to the incoming Commissioner of Accounts in order to allow him a chance to review the document. Commissioner Curley agreed and said that the policy is a quality product but he is not supporting it for the same reason given by Commissioner Lenz. Mayor Klotz said that seated at the council table are a majority of individuals who have been defeated in an election and those that have defeated incumbents. He feels that defeated incumbents should be given the courtesy to serve out their term and conduct their business and perhaps that should be established in a more formal protocol next year. Commissioner Lenz said that there has been some precedent set regarding delaying some decisions such as the purchasing of the computer system, and the council needs to qualify the process of transition from one Commissioner to the other and establish protocol accordingly. Commissioner Mirling said that he pulled this item off the agenda last week to allow for a greater amount of time and opportunity for the Commissioners to review the policy and discuss it. He said he did pull other items because they had long term financial implications in deference to Mr. Towne’s coming into office that would have bound him to something that could not be changed. He said that in regard to this policy, the changes are easy to make and are not going to tie the incoming Commissioner to something that cannot be adjusted. The Mayor requested a roll call vote for approval of the Purchasing Policy and Procedures. Commissioner Lenz Nay Commissioner McTygue Aye Commissioner Curley Nay Commissioner Mirling Aye Mayor Klotz Aye 3-2 Motion Passes Select Energy (01-264) Commissioner Mirling said this issue was discussed at the last council meeting and this is an opportunity to purchase energy through the Chamber program saving the City in excess of twenty thousand dollars. He said this is something the council should go ahead with to save the City a Page 16 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 significant amount of money. He said the problem is there are two options, one is the market option and one is a fixed option. The predicted savings is based on the fixed option and he said that given the fixed nature of City budgets, he would opt for the fixed option which would save the City a significant amount of money and alleviate any risk. He said if they go with the market option, it is the gambler’s option and they might do better or they might not. Commissioner Mirling said that the savings would be realized and the choice would effect next year’s budget. Gordon Boyd, an energy consultant with the Chamber of Commerce said that this offer is being made in association with the Chamber of Commerce. He said on the Natural Gas proposal there are two choices: 1) Floating with the market price and a credit is received from the delivery utility which is still Niagara Mohawk. Or 2) Choose to go with a fixed price for the next 12 months and lock that price in. This is hard to determine whether there will be savings or how much the savings will be. He explained that the certain thing would be that the City would know exactly how much money is going to be spending on energy and because the usage can be controlled, and the price is known a budget can be written. He said that the way the market is right now, it is recommended for non-profits and municipal governments to choose a fixed price because now a very low price can be locked in. He said that according to the weekly close on the New York Mercantile exchange almost two years ago, the price got up to almost ten dollars per deca-therm and now it s less than three dollars per deca-therm. He said that regarding choosing the market price, chances are the price is not going much lower because it is at a historic low for this decade, so locking this price in would show a large decrease in energy costs over last year. He said that there is an electric proposal in the package also. Gordon Boyd said the price fluctuates weekly and the City pays Niagara Mohawk for everything including delivery and their market price with which they pass on their costs. He said that Niagara Mohawk can not give a fixed pricing option because they are subject to the fluctuating market price. He explained that the City would still use Niagara Mohawk for delivery but they would get their commodity from someone who can provide a better pricing option. He said that the Chamber, working in conjunction with six other chambers in New York, periodically sends the consultants out to seek the best price for electricity and for natural gas and then they write a program agreement with the supplier that covers the general terms and conditions that are then offered to the individual participants. Gordon Boyd said that the savings is going to be evident in the comparison between what was paid last year and what would be paid this year. Commissioner Mirling said that there is not one fixed line in the City budget for energy costs because it is listed by Department and by building. Commissioner Mirling is proposing to take the suppliers price as a fixed price for the next twelve months. He said that if the price keeps going down, the City would be paying more, but based on the analysis of the market, the chances are slim because the price is so low right now. Commissioner Lenz said that he understands that the total amount would be about $20,000 less than last year on Natural gas. He said that the proposal from the electric supplier is guaranteed to be about $7500. Commissioner Lenz asked if the contract commits the City to the program for one year. Gordon Boyd said that there are provisions in case there is a breech of contract but there have been no problems in the three years they have worked with this program. Page 17 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to authorize the Mayor to enter into a contract through the Chamber Program for both electricity and natural gas at a fixed rate for gas and for the single option on electricity. Commissioner Curley asked about the Firehouses and Gordon Boyd said that these accounts could be added and included in the contract. He said the City Center is already in the program. Commissioner Mirling said that they are going to review the list to be sure that all departments are included before the contract is signed. Ayes all. Award of Bid (01-265) Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award bid number 2001-48, Uniform Rental to the lowest bidder, Quail Uniform Rental Service of Albany for various fees as stated in the bid. Ayes all FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the payroll for 12/07/01 in the amount of $ 466,736.19 and for 12/14/01 in the amount of $347,015.83. Ayes all Approve Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following warrants: 2DEC01 – Warrant 2 – 31 General Fund $ 240,044.92 City Center Authority 3,521.04 Water Fund 69,212.91 Sewer Fund 13,043.54 Capital Projects Fund 18,269.04 Special Assessment District 6,167.00 Trust Fund -0- Debt Service -0- Community Development 12,737.58 Total Warrant $ 362,996.03 Ayes all MC011212 – WARRANT 2 - 6 General Fund $ 42,677.18 Page 18 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 City Center Authority -0- Water Fund 36,084.89 Sewer Fund 1,315.88 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development $ 34,016.62 Total Warrant $ 114,094.57 Ayes all Approve Budget Amendments (see attached) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as distributed. Ayes all Approve Budget Transfers (see attached) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as distributed. Ayes all Approve 2002 City Departmental Fees (01-266) Commissioner Michael Lenz moved Commissioner Thomas Curley seconded for Council approval of the 2002 City Departmental fees as distributed. He said that this includes a corrected list received from the Recreation Department. Commissioner Lenz asked about some changes in the final schedule of fees regarding the Casino, which was changed from a specific amount to a range of amounts. Commissioner McTygue said that Mrs. Farone at the Casino has been allowed some flexibility in rental fees particularly during the week for small conferences, to encourage more use/rental of the Casino and consequently generate more revenue. Commissioner McTygue said that with the Music Hall rentals they also included a range to allow for flexibility. Commissioner Lenz said that the range is included in the fee schedule. Mayor Klotz said that this is essentially the whole package of all of the fees bringing them all together for the benefit of auditors. Ayes all Approve Resolution for Civil Service Commissioner Secretary (01-267) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded for council approval of the resolution on the contract of the Civil Service Commission Secretary. Commissioner Lenz said that this is the same contract as last year except that this is now a full time position with the monetary change accordingly, which is in the Finance 2002 budget. He said that this was discussed in budget negotiations that the Civil Service Commission had made that recommendation which is being implemented in the 2002 budget. Ayes all Authorization for Mayor to Sign Empire Blue Cross Blue Shield Contract (01-268) Page 19 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner Lenz said that needs to be taken care of before the first of the year. He said that some of the council members may have some questions related to previous discussions in Executive Session, but the Council needs to move forward on this item tonight in order to continue the coverage to those that are currently enrolled in the Blue Cross/Blue Shield program. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for authorization for the Mayor to sign the Empire Blue Cross/Blue Shield Contract as presented. Commissioner Lenz said in response to a question from Mayor Klotz that this contract covers rank and file employees and is a continuation of the coverage the City currently has. Ayes all Monthly Financial Reports for October and November 2001 Commissioner Lenz presented the monthly reports for October and November and asked the Council to review them. He said that at this point in the year, they should have 92% of their expenditures utilized and the City is currently at 87.5% which is on pace to meet or be under budget on the amended expenditure lines. He said that Mayor Klotz's expenditures are exactly where they would be if calculated out monthly, at 91.6%. Commissioner Lenz praised Commissioner Mirling for his efforts as Commission of Accounts the last two years, offered his commendations and wished him well. DEPARTMENT OF PUBLIC WORKS Ratification of Previously Approved Expenditures: 1) Lane Enterprises– Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to ratify a previously approved expenditure to Lane Enterprises in the amount of $6,560 for culvert pipe ordered by Engineering for the Old Schuylerville Road Project. He said that the money is in the Capital Budget for this. Ayes all Commissioner McTygue commented that this was a large undertaking by the Department and his people and the Engineers moved it along expediently and should be commended for their hard work and good job. 2) Allerdice – Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the previously approved expenditure to Allerdice for lumber and materials in the amount of $8,500 to extend the storage shed at the City Garage. He said the money is in the DPW budget for this. Ayes all 3) Bill Finkenstein: – Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to ratify the previously approved expenditure to Bill Finkenstein in the amount of $10,000 to furnish and install rounding boards for the top of the Carousel enclosure and to build a center enclosure. He said that Bill Finkenstein is the designated contractor having done all the other restoration of the Carousel horses. He said the money is in the DPW budget for this. Ayes all Acceptance of Streets for Snowplowing Only (01-268) Page 20 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner McTygue announced the acceptance of the following Streets for Snowplowing only: Julian's Way, East Ridge and Rose Court, all in the East Ridge Development and also the Elm Street location at West Wood Commons. Discussion – Snow Emergency Parking Commissioner McTygue said that some ads were published about complying with the City Ordinance regarding parking in the city for snow removal purposes, and obeying the alternate parking regulations in the City. He said that they had a flyer made and distributed to the problem areas of the City and around Skidmore Campus since the students often leave cars on the street, go home for a few days and return to find that their vehicle was towed. He said that the Department is making every effort to notify people that the Department is serious and people cannot claim that they were not aware of the regulations. He said that when there is a large storm, there are times that emergency vehicles cannot get through some streets. Commissioner Curley said that his Department tries to notify people also, even to the extent of knocking on doors. Discussion – Tree Grant from Niagara Mohawk Commissioner McTygue announced that the request that his Department made to Niagara Mohawk to be considered for their tree grant program has been accepted in the amount of $4,620. He said that the money will be put back into the DPW trees budget for next year to purchase more trees in the project of ongoing beautification of the City. He said that this is in conjunction with the efforts of Deputy Commissioner Brown who attended a conference at Cornell, prepared the application and worked with Niagara Mohawk. Commissioner McTygue commended Commissioner Mirling for his hard work. PUBLIC SAFETY DEPARTMENT Ratification of Previously Approved Expenditure Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to ratify the approval by memo of a waive of bid for one emergency vehicle that was not available on State contract. Commissioner Curley explained that the Chevy Corporation has authorized the dealership of the New York State Office of General Services to extend the same discount for those vehicles so the price is the same. He said that the vehicle is the same as set forth on the state contract. Ayes all Military Benefit Update (01-270) Commissioner Curley said that there was an issue that had to be resolved regarding salaries and benefits for employees that were called up to active service regarding the events of September 11. He said that contractually, employees are each given a specific amount of time annually that they are allowed for military leave and through no fault of their own there are three individuals that have exceeded their leave allotment. Page 21 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 Commissioner Curley said that he has been working with the Assistant City Attorney and John Poklemba, the City’s labor attorney and the Firefighters’ union for a solution. He said that they have reached an agreement to create an addendum to the contract that allows these individuals to extend their military leave allotment so they can be covered regarding their time off the job so they do not have to use their vacation or personal time. He said the three individuals are Firefighter Patrick Rocco, Fire Lt. John Betor, and Firefighter Woodcock.. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the extension of the contractual military leave allotment for certain individuals contingent upon the firefighters union and the labor attorney writing up the specific memorandum of agreement accordingly. Ayes all. Waive of bid: Dictaphone Service Contract Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded for council approval of an annual service contract to Dictaphone of Louisville Kentucky in the amount of $3,758. Ayes all Waive of Bid: Water Heater Lake Avenue Fire House Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to approve a waive of bid to Hanley Plumbing and Heating of Saratoga Springs for replacement of a hot water heater in the firehouse in the amount of $1,162.25. Mayor Klotz said that with the newly adopted increase in limits this is one item that would no longer require a waive of bid in the future. Ayes all Authorization for Mayor to Sign Career and Law Enforcement Grant. (01-271) Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded for authorization for the Mayor to sign for the annual Career and Law Enforcement Grant received from the Saratoga County Youth Bureau in the amount of $5, 918. Ayes all Commissioner Curley said that Ben Mirling’s love and concern for the City of Saratoga Springs always showed through and he commended the Commissioner’s integrity and his hard work. during his two year tenure as Commissioner of Accounts. EXECUTIVE SESSION Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to go to Executive Session for the purpose of discussing the litigation on a Certiorari matter. Ayes all The council went into executive session at 9:50 PM. Upon return from Executive Session, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for City Council approval to authorize the City Attorney to settle the certiorari case with Frederick Gardens as agreed upon in executive session. Ayes all Page 22 of 23 City Council Meeting Minutes Tuesday, December 18, 2001 ADJOURNMENT Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 10:10 PM . Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: Page 23 of 23