City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY FEBRUARY 19, 2002 Present: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Stephen Towne Staff Present: Deputy Mayor Hank Kuczynski City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Robert King Deputy Commissioner Deborah Harper Also Present: Supervisor Phil Klein Absent: Supervisor Anthony Scirocco PUBLIC HEARING Local Law #1 2002 Interlaken SAD Mayor Klotz opened the public hearing on Local Law #1 2002: to establish Interlaken Special Assessment District, at 6:30 PM Tony Izzo, Assistant City Attorney said that this is the fourth Special Assessment District that the council has been asked to create. He said that this is an “emergency powers special assessment district”, meaning that there is no government service provided to any of the properties listed in this particular district unless and until some emergency arises and the government finds a need to do something about that in response to some public emergency or public harm. He said that this SAD does have a Board of Directors, the same as any Special Assessment District, and it does have the same kind of listing of properties and listing of public purpose. He said, however there is a paragraph that clearly states that “no government action is possible under this district unless an emergency has been declared.” He said that this Special Assessment district is comprised of the Interlaken Development and there are three separate tax sections including 180.62, 180.53, and 180.61, with approximately 125 properties. Mayor Klotz said that this has been done for Birch Run and an additional section of Birch Run, and this particular SAD is at the request of a number of the property owners in Interlaken. Tony Izzo said that there is one paragraph that should be changed in the local law, section 199-80, “Receipt of Additional Funds.” He said that the last sentence refers to additional funds requiring the consent of the majority of the owners of the residential units. He said that he has been informed that the Board of Directors of the Interlaken Homeowners Association currently have a threshold of a two-thirds majority, so he recommends changing the Local Law to coincide with that, so the last line should be changed to a two-thirds majority of the owners of the 125 residential units. Tony Izzo said that City Council meeting minutes February 19, 2002 changing this line would make it more consistent with the way the homeowners would make decisions now. Tony Izzo said that the change is not of such a magnitude that it would require a change to necessitate bringing the local law back to the council for a vote, and would be acceptable as far as the courts are concerned. Mayor Klotz asked the audience if there were any objections to the change and said that it should be understood for the purposes of the public hearing. John Goldberg, President of Interlaken said that he wants to clarify that this SAD was the subject of an open-member public hearing on September 13, 2001 and it was followed on September 20, 2001 by a unanimous vote of the Board of Directors to implement the procedure of the implementation of the special Assessment District. Brian Finneran of 32 Sicada, former maintenance chairman and member of the Interlaken Board of Directors said that he and other homeowners were not at the open member public hearing meeting when the Special Assessment District was discussed. He said that the ramifications of what is being proposed came to him and other homeowners for the first time when Commissioner Towne sent it last week. He said that when reading it, questions were raised and many homeowners are not prepared to appreciate the potential conflict of this document with the covenants and bylaws that are the law, the legal document under which they bought their houses in the Interlaken Development. He said that this document seems to say that there is another Board of Directors, another decision- making body, one who can determine budget, etc. other than the elected officials of the Homeowner Association. He said that this is not appreciated among many of the homeowners, so he asked the City Council not to proceed until the homeowners have an opportunity to discuss this further. He said that many of the homeowners do not live there year round, many were not at the one meeting, and this was never discussed at any length and it was not in any detail in the local newsletter, the Clarion. He said that it was never revealed about these potential ramifications to the homeowners. He said that the people who decide fees and such things are those who are elected by the Interlaken Home Owner’s Society under very serious procedures. He said he is concerned when he hears that there is going to be a Board of Directors appointed by the Mayor, this seems to be in conflict with the intention of the Interlaken Home Owners Association. He said that it is disturbing to realize that this potential “other” Board of Directors has the chance to determine the budget, the fees the homeowners have to pay without the chance to elect them. He said it is in conflict with what was understood when he and 124 others bought their homes at Interlaken. Mayor Klotz said that the council does this only at the request of the homeowners and it is a matter of accommodating requests from individual neighborhoods. He said that it is the identical Board of Directors that the Mayor appoints and it is to justify the City involvement in the whole process. Assistant City Attorney Izzo said that this would only be done with the full support of the homeowners in the district. He said that there has to be a Board of Directors for a Special Assessment District. In response to a question from Mayor Klotz, Tony Izzo said that per section 199.77, there is no provision in this law that the Board of Directors have to be members of the Interlaken Homeowners Association. He said that with this legislation, as with the previous versions, there is an opportunity for there to be two different boards but it has never been a consideration because it is an emergency powers district that does not deal with the business of the homeowner’s association and functions only when there is an emergency defined by the City for the purpose where the City has to go in and take some action. Page 2 of 19 City Council meeting minutes February 19, 2002 John Goldberg said that Mr. Finneran does not speak for the homeowners of Interlaken. He said that the Board of Directors held a public hearing for all members and thirteen members bothered to show up out of 125, which indicates how interested they were at the time. He said that seven days later the board voted unanimously to proceed with the implementation of the Special Assessment District. He said that he understands that the Board of the Special Assessment District is the same identical board as the Board of Directors of Interlaken. He said as a practical matter, it is the way these things work.. In response to Commissioner McTygue’s question, Mr. Goldberg acknowledged that one of the purposes for this SAD is that it is a tax benefit. Commissioner McTygue suggested sending it back until Mr. Goldberg and the Board can see that there is the interest of the entire homeowners group. John Goldberg said that the tax benefit derives from the fact that Interlaken is private and that the members are assessed for many of their services that normally would be provided by the City and at the same time they full City taxes but get no benefit from the City. He said that there is a tax deductibility issue for the members to the extent that they have an assessment of $2100 per year and part of that sum is deductible with the Federal Income tax as municipal tax. He said he objects to sending the issue back because the Board of Directors of Interlaken acting totally prudently have held a public hearing and posted a notice accordingly two weeks in advance of the meeting and those present were in favor of the SAD. He said that homeowners outside the area are notified of the meeting and of the subject by regular mail and e-mail. John Naftzger of 19 Sarazen in Interlaken said that with all due respect to John Goldberg and the board, people that he has spoken with do not seem to understand this and therefore seem to be apprehensive as to what exactly they are getting into here. He said he would like a chance for the membership, the residents of Interlaken, to review this further. He said he could assure the board that there would be more than 13 people at the next meeting to discuss this issue. He said that this might be a fine thing, but that it seems to be more important and not something that we want to pass this quickly. He said he would like to have the opportunity to examine the pros and cons because there is a lot of apprehension that this is moving too fast. In response to a question from Commissioner McTygue, John Naftzger said he has no idea why he was not at the public meeting at Interlaken and he said he thought it was posted, but the point is that no one had any idea of what is involved in this and he and others would like a chance to look at the issue and discuss it among themselves. Brian Finneran said that he did not happen to go to the mailroom and read these things and that is what determined that there was a meeting of this importance. He said he never received notification in the mail or via e-mail. He said that he heard the issue discussed as a tax benefit, he thought he would support it, but he was shocked when he received the proposed local law in the mail and considered what they might potentially be giving up in the future, and the aspect of the potential changes that seemed to be in the law as possibilities. Commissioner Towne asked about the intent of the group to keep the same Board of Directors and if so maybe the wording might make it more palatable if it said that as opposed to the way it is now stated. Tony Izzo said that he cannot speak for the homeowners’ board as to their intentions to do that, and he would have to defer to that board. Page 3 of 19 City Council meeting minutes February 19, 2002 Mayor Klotz asked in regards to the two previous cases if there was council action on establishing a Board of Directors or if it was built into the initial approval, and Tony Izzo said that in both those cases the Homeowners Associations submitted to the Mayor’s Office a list of individuals they wanted appointed to the district board and those individuals were appointed by the Mayor, and he does not know if the City has kept up with the changes in the board since the initial appointment. John Goldberg said that the public hearing was reported in the Interlaken newsletter, “Clarion”, and it was posted two weeks prior in the mail room which is the repository for all meetings, and in the clubhouse. Jerry Meehan of 21 Sarazen Street, Interlaken said he was unaware of the contents of the discussion to be held at their public hearing and he said he would like the City Council to defer a vote until the rest of the homeowners could get an opportunity to discuss this among themselves. Seeing that no other speakers on this matter, Mayor Klotz closed the public hearing at 6:50 PM. Frank Sullivan Place Rezoning Mayor Klotz opened the public hearing for the Frank Sullivan Place Rezoning at 6:51 PM. John Carusone said on behalf of the applicant that he had requested that the council not vote on this matter tonight. He said that they are not asking the City Council to vote tonight because recently a number of residents had written to the Mayor and have expressed concerns. He said that his job is not to try to railroad anything but rather to create an ordinance that everyone agrees with. He said that to that end, they will be asking to meet with these neighbors, make some modifications and revisions to the ordinance, and go back to the City Planning Board for a further advisory opinion because they are going to be substantially revising the ordinance and then come back to the council at a later time. He said they are asking for this matter to be set aside in order to provide them the time for that process. Mayor Klotz said to proceed with the public hearing and he invites every member of the public to speak on the subject within the context of understanding what John Carusone has requested. City Planner Geoff Bornemann said that this is a public hearing on a petition from The August Group for a text and zoning map amendment that would change the zoning of a block off Nelson Avenue near the Race Track by Wright Street, Frank Sullivan Place and Lincoln Avenue. He said that its current designation is UR-2, “Urban Residential – 2” and the proposal is to create the “Frank Sullivan Neighborhood District”. He said that the original petition was accepted by the City Council for study and sent to the Planning Board for an advisory opinion. The Planning Board, after some study, recommended some changes and so the actual ordinance presented tonight is the modified version from the City Planning Board. He said that they did issue a favorable advisory opinion and the County Planning Board issued a favorable advisory opinion also. He said that the City Planning Board vote was 5 to 1 in favor of it. He said that since then, seven letters have been received and the applicant is here asking that the City Council vote to send it back to the Planning Board. John Carusone said that when they looked at the neighborhood, they found that many of the properties were not being used as single family residents. He said that this had developed over time that there were pre-existing, non-conforming uses including restaurant, stables, refreshment stand, Page 4 of 19 City Council meeting minutes February 19, 2002 parking, and so forth. He said that when they looked at this neighborhood, they thought this was a natural approach to it, and that they could get a variance for what they intended to do. He said that the law states that a pre-existing, non-conforming use cannot be extended and the only way to do it was to prove a hardship which they could not do. Larry King of 126 Nelson Avenue thanked the council for taking the phone calls. He said that given a chance to sit down with Mr. Carusone they should be able to discuss the things they are not really happy with and review some of the things that have changed throughout the process. He said that as a neighborhood, he thinks they can all come to an agreement, but there are a lot of things to go over before they push for what they believe they want. Rose Tate owner of 164 Lincoln Avenue said that Siro’s is at 168 Lincoln Avenue and the proposed new Inn at166 Lincoln Avenue. She said she is in opposition to this proposal and spoke at the Planning Board meeting on the issue. She said that she wants to be assured that she would have an opportunity to speak at the Planning Board meeting when they reconsider the issue and at the second public hearing before the City Council after the revision. She said she wants to know what a neighborhood district is. She said that she has fond memories of Lincoln Avenue. She has been in the neighborhood since 1971 and Siro’s have been wonderful neighbors especially the Kirkers. She said that in 1975 she had a picture taken of her and Frank Sullivan together where they were giving a plaque to Frank Sullivan as a prelude to naming the street “Frank Sullivan Place”. She does not know how we got into this concept of a neighborhood district. She said that her neighbors seem to be in opposition to a neighborhood district, yet all of a sudden a neighborhood district seems to be a vehicle for zoning certain things that would not be available otherwise to someone. She said that in the very first page of the Planning Board minutes, at the bottom of the page, it states that “Mr. Carusone said that the whole application began because Siro’s was looking to add more bathrooms; He said that required variances for the expansion requires that they show an economic hardship. He said that upon reviewing all the issues, they decided to request the City Council to rezone this area as a neighborhood district.” She repeated that she does not know what a neighborhood district is but it is certainly something to consider that other neighbors like herself are going to be in this kind of position. She said that she wishes her lawyer could be here tonight. She said that this is something that could be imposed upon other neighborhoods, not just this one. Commissioner McTygue said that the record should reflect that there are a number of residents here that if this hearing were to take place, would probably step forward to speak. He asked for a show of hands of the members of the audience of who are residents of the area of the proposed change. (There were over a dozen) Mayor Klotz requested who was in favor and of the over twelve hands raised; only two were in favor of the proposal. He said that this is helpful to the council to get a sense of who is in the audience. Janette Kaddo Marino of 35 Jackson Street said that her property does not directly abut the area but is one block away from the proposed Frank Sullivan Place district. She said that she moved into Saratoga Springs two and one-half years ago, and specifically into this area knowing that the zoning around their property, and the extended zoning, was residential and they were not looking at a proposed change to accommodate some more commercialized settings. She said that she has two small children so she is not sure if they can come back to speak with the council again. She said that she and her husband oppose the change. She said they are already concerned with the amount of traffic that evolves in their neighborhood, the lack of sidewalks, drainage problems, all issues that have not yet been addressed. She said that to now step forward and say that there is the possibility of Page 5 of 19 City Council meeting minutes February 19, 2002 increased activity year round go on in this area, she strongly opposes it. She hopes to appear at later hearings but states that it is difficult on families and when people have to come to these meetings every time something is proposed on that land. Andrew Farrell of 138 Nelson Avenue said that a question he has is whether this rezoning, this special area, is really changing the zoning or is it creating a neighborhood association. He said that he does not see where the current “UR-2” designation is being changed to anything different, and it is his understanding, completely, that all of the previous pre-requisites stay in effect pertaining to a special use permit. He said that anything that had or needed to be done, one of the safety precautions of this whole thing is that it would have to be done upon the application for a special use permit, at which time that would be either granted or not, and there would be hearings, and a process on the merits or non-merits of the case. He said that even Siro’s would have to, after this, proceed with an application for a special use permit and these are things that led to his decision. He said that they did have at least two meetings, and it was fairly well explained at the time. He said he understands that there are concerns now, which he thinks could possibly be ironed out. He said that he is in favor of this district. Geoff Bornemann said that this piece of legislation would actually amend the zoning map and the text to create a new district for this bloc from “UR-2” to this new neighborhood district, and in the process of that the changes that would occur is that single family homes would still be a principle permitted user, but some residents could apply for special use permits to expand their restaurant or establish a bed and breakfast, all uses that are not now available in a UR-2 district. He said that creating this district is a mechanism by which those types of changes would be allowed to happen. Andrea Green of 117 Nelson Avenue said that she is happy to have Siro’s in the neighborhood, but there are other concerns that operate there including the horse barn, the “Snack Shack”. She said that these things operate on a limited basis of six weeks per year and then it is quiet again, and they get their neighborhood back. She says she faces the large open field which is used for parking in August and although she is sure that the people who own the field are happy from whatever income they receive from it, she would likes to know what could happen if they sold that land; what other businesses she might see out her living room window. She said she is concerned over what might happen five or ten years from now, if the home that she loves would become unlivable and have to become a doctor’s office in order to get money out of it and leave the area. Sara Goodwin of 119 Nelson Avenue said she bought her home last summer and had been looking for a larger house and said in the City it is hard to find a house a bit larger than the typical foursquare house for a larger family. She thinks, therefore that it is necessary to hold on to the residential quality of the neighborhood, which is in tact except for the six weeks through August. She says she is concerned about the open lot. She said she was out of the country when the meetings were held, so she missed the opportunity to discuss the matter. She said that the letter received from Siro’s seemed completely innocuous, and they are still uncertain as to the meanings of these changes. She said that tonight she hears that there might be a new Inn and she is concerned about what this means and where it would be. She said that the street is quite narrow and there is no parking on that street, and it is not a street that is well suited to more commercial development, even in the racing season. She said that that area is heavily used for parking in the racing season, and they understand that Siro’s needs to find a legal way to make the changes it is proposing to make, but she would like to know more about the repercussions and what changes can be anticipated and whether they would be effective and safe to retain the residential quality of the neighborhood. Page 6 of 19 City Council meeting minutes February 19, 2002 Clement Marino of 35 Jackson Street said that he is concerned about the rezoning. He said that there is a residential quality to this neighborhood which is only disturbed for six weeks a year and he understands the necessity for the race track and accepts the six weeks knowing that its benefits to the City. He said he is concerned about the effect it will have on the long-term development of the area if the change takes place. Seeing that no one else wished to speak, Mayor Klotz closed the public hearing at 7:14 PM. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:15 PM. MAYOR'S DEPARTMENT Mayor Klotz said that in order to accommodate the audience, he would move to the last item on his agenda first. Vote: Local Law #1 Interlaken SAD Mayor Klotz said that with all due respect to the Interlaken Board of Directors and to John Goldberg, given the fact that this is an attempt to accommodate on what is understood to be the unanimous or near unanimous desire of home owners and the City has no interest other than to do this, he withdrew the item until a better sense of the consensus of the neighborhood is obtained. He said he does not know if more public education needs to be done, but he would like to be more persuaded that there is more unanimity in the neighborhood on this subject than evidenced tonight. ACCOUNTS DEPARTMENT Discussion: Frank Sullivan Place (02-039) At the request of the applicant, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded that that the City Council send the proposal for the Frank Sullivan Neighborhood District Rezoning back to the City and County Planning Boards for an advisory opinion on a revised petition. Mayor Klotz said that this seems to be the consensus of everyone here and there seems to be a belief that these things can be worked out. Ayes all MAYOR’S DEPARTMENT Energy Savings for City Hall: Student Intern Mayor Klotz called upon City Planner Geoff Bornemann to report on the student intern working on an energy savings project for City Hall. Geoff Bornemann introduced David Kahler, a senior at Skidmore College who is going to be studying City Hall as a building and the different ways that emissions: energy use such as water, natural gas and electricity use can be reduced in order to reduce overall emissions. He said that climate changes could threaten tourism, and air pollution could increase the chance of asthma in the very young and the very old, and drinking water is a scarce resource and is threatened. He said that the report of the summer intern, Nikki Olsen, included a Page 7 of 19 City Council meeting minutes February 19, 2002 breakdown of emissions from different aspects including building, streetlights, and vehicles. He said that he has chosen to focus on City Hall, which could potentially be a role-model building for the rest of the City. He said that the goal is for improvements to be made to City Hall to reduce the energy consumption, primarily water usage of the building and its occupants to the point of 7% below the 1990 levels of energy usage. Geoff Bornemann said that David is going to be working out of the Department of Public Works and at the end of the semester he will produce a report to the council. David said that the number of 7% below the 1990 levels has been a level determined by several committees in the United Nations and has since been adopted by many local communities, and a large contingent of colleges and universities. Approve: Recreation Department: Employee and Independent Contractor Hourly Rate Proposal (02- 040) Linda Terricola said that the proposal for the Recreation Department’s hourly rate for seasonal and part time employees and independent contractor fees was distributed to the council members. She said that the Recreation Commission approved this proposal at their meeting on February 14. Commissioner Towne asked if the approved 2002 Recreation budget included the numbers as presented in the proposal and Linda Terricola confirmed that they are in the 2002 budget. Commissioner Curley asked about the increase in the Youth Coordinator position. Recreation Director Linda Terricola said that the proposed $3600 has been increased even though there has been a decrease in the number of parking spaces over the years because it is a difficult job to fill. She said that the number of youth parkers has been significantly reduced over the last three or four years. Commissioner McTygue commented that the salary of the Director of Camp Saradac or the Youth Parking Coordinator and others are stated but the length of time they have to work is not stipulated. He asked that the work period, including dates and hours, be added to the contracts anytime there is a lump salary. Linda Terricola said that this year, as she does every year, she will be bringing the contracts before the City Council for approval and authorization for the Mayor to sign them, and these always stipulate the details including the time and dates of employment. Commissioner Towne asked if there had been any substantial changes in the Camp Director or with the Youth Parking Coordinator and Linda Terricola said that there has not. Mayor Klotz pointed out that the arrangement with NYRA last year included a substantial reduction in the rental that the City normally paid them to use the parking lots. Linda Terricola indicated that the council approved an increase in the parking fees for the 2002 Youth Parking Program. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the Recreation Department Hourly Rate Employee and Independent Contractor proposal as submitted. Ayes all City Hall Staffing Review Mayor Klotz said that in December the council had a question about the desirability of a City Hall staffing review and he was asked to come back to the council table with a proposal on how this was going to be accomplished. Mayor Klotz called upon his deputy to inform the council of the initiatives taken on this project. Deputy Mayor Kuscynski said that he has solicited comments from the Commissioners and the Deputies and met with Patsy Berrigan, the Executive Secretary of the Civil Service Commission and he has had meetings with a few consultants. He said that he hopes to have a number of choices of proposals for the next meeting. Page 8 of 19 City Council meeting minutes February 19, 2002 Mayor Klotz said that there had been discussion as to how to connect this project with the new position of Personnel Director called for in the new City Charter. He said that a question that has been raised before is about the transition and how they will move into compliance with the new charter fully by the year 2004. Deputy Mayor Kuczynski said that this would probably be one of the proposal options brought to the council. Commissioner Towne asked for the parameters of the salary review. Deputy Mayor Kuczynski responded that his research indicates that a salary review will be done for all employees of the City, full and part time, with the exception of the uniformed Public Safety employees. Commissioner Towne said that the by product of this review is not a head count. Deputy Kuczynski said that it is not a staffing analysis, but it is a salary review. Commissioner McTygue said that there were recommendations for changes in salary for a number of City employees and before those changes it was recommended to bring someone in to do a salary evaluation but that recommendation fell on deaf ears and the changes were made and the increased salaries were presented to a number of employees in the building. He said that there are still a number of employees that have not been reviewed and we are looking for someone to come in and review the salaries of the employees who have not received increases. He said that he sees no reason for someone to come in and evaluate the position of someone who has already received a substantial increase, because it is a waste of time since they already got their increase. Commissioner Curley said that he put the motion on the table and the intention was that the accountability and responsibility (of the position) would match the salary. Commissioner Lenz said that he hoped that everything would be reviewed because there might be positions that are over paid as well as underpaid. He said that he thought the objective was to assess the overall salary structure of the City, and to do it part of the way would not serve the purpose. He said that when the proposals come in the council will be able to make a more educated decision about choosing different proposals. There was discussion about the potential high cost of some of these kinds of reviews and Mayor Klotz said that there is no money in the budget for this. Appointments (02-041) Mayor Kenneth Klotz announced the appointment of Jim Bruchac to the Urban Heritage Area Advisory Board. United Way Report Mayor Klotz said that he received a nice letter from Joanne Buchas of the United Way expressing appreciation for the City’s contributions to the United Way during their recent campaign, particularly thanking Flo Lis from the Finance Department and Linda Benton of the Mayor’s Office for their help in that process. He also conveyed his thanks to the City Hall Employees who participated in this. He said that it is great for City Hall employees to get involved in the community in this way. Winterfest Report Mayor Klotz said he wanted to say that the chowder competition of Winterfest was won by Brindisi’s Restaurant with a crab and corn chowder that was voted overwhelmingly the best. According to a report by the Executive Director of the Urban Heritage Area, 1200-1300 people stopped by the Urban Heritage Area building to collect their t-shirts. He said that since then there has been the Dog Show, the Dance Flurry, the Baptist Convention and Mark Baker reported recently to the City Center Page 9 of 19 City Council meeting minutes February 19, 2002 Authority that the year round convention business in Saratoga Springs is flourishing at the beginning of this year like no other year. Approve CDBG Contract Extensions (02-042) Mayor Klotz said that Brad Birge, the Community Development Executive Director, has proposed some extensions to some organizations that had Community Development Block Grant money awarded to them last year. Brad Birge said that each year when the City allocates funding for these organizations from the federal government, the City signs contracts with the subrecipients that are normally for twelve or sometimes eighteen months at a time. He explained that sometimes for a variety of reasons, the organization needs a little more time to complete the activities as they originally proposed. He said that there are four organizations that have asked for a six-month extension at this time including the year 2000 activity of the Domestic Violence Services/Center for the Family for their Violence Prevention Program at Jefferson and Vanderbilt Terraces; the Shelters of Saratoga for their Housing Rehabilitation Program, the Saratoga Springs Preservation Foundation for their Historic Rehabilitation of 120 Grand Avenue; and the Senior Citizens Center of Saratoga Springs for the Triangle Program. Brad said that the programs as originally designed are very good and approved by the City Council, but nominally they need a little more time but his office will continue to do oversight, make sure quarterly reports are submitted and monitor the progress through the year. Mayor Kenneth Klotz moved and Commissioner Stephen E. Towne seconded for City Council approval of the contract extensions as recommended and presented. Commissioner Towne asked what was meant by “non-coincident funding cycles from leveraged sources or minor program balances” as stated in the memo sent to the council members. Brad Birge replied the some of the programs have funding cycles that do not happen at the same time and the City’s program begins July 1 and ends June 30, however the organizations may be leveraging funds that begin January 1, or later in the year, so there is cyclical funding that is not happening at the same time which causes a problem when the contract ends on the City’s end but not on their end. Mayor Klotz asked if it is common for an accepted CDBG proposal to be dependent on another grant being awarded in order for the proposed project to happen and how does the advisory committee view those cases. Brad Birge said that it is a case by case judgement process. He said that the recommendation within the consolidated plan is for every organization to show at least 20% of leverage funding from additional resources. Ayes all Vote: Liquor License Waiver - Matt Spagnola (02-043 Assistant City Attorney Tony Izzo said that a request was received from Matt Spagnola who is an applicant for a liquor license under the New York State Liquor Law for a waiver letter. He said that under the Alcoholic Beverage and Control Law, an applicant has the opportunity to seek a waiver letter from his municipality and if a waiver letter is received, the process of obtaining a liquor license is considerably accelerated. He said that the property is 30 Caroline Street and when these come in it is determined whether there are any existing violations on the property filed with either the Code Enforcement Office or the Building Inspector’s Office. Tony Izzo said that all back property taxes have been paid on this property, which used to house a printing press and is now called “Abie”. Commissioner Lenz said that it was discovered when checking taxes that the correct address is 26 Caroline Street. Mayor Klotz moved and Commissioner Stephen E. Towne seconded for council Page 10 of 19 City Council meeting minutes February 19, 2002 approval to grant a waiver letter for a waiver of the 30 day wait for a liquor license for Matt Spagnola’s establishment, “Abie” located at 26 Caroline Street as recommended by Assistant City Attorney Tony Izzo. Ayes all ACCOUNTS DEPARTMENT Approval of February 5, 2002 City Council Minutes Mayor Klotz asked if the decision to approve the minutes could be delayed because there is 18 pages and he wants more time to review them to determine if they are an accurate report of the proceedings. Commissioner Towne concurred and no action was taken. Award of Bid: Flowers and Supplies (02-044) Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid number 2002-09, Flowers and Supplies, to Dehn’s Flowers of Beekman Street, Saratoga Springs for various prices as listed on the bid. They were the lowest bidder meeting specifications. Award of Bid: Street Sweeper (02-045) Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award the bid number 2002095 for Street Sweeper to William H. Clark Municipal Equipment Company of Rensselaer for $117,685 plus $5,000 credit for alternate number 1, trade in of a 1986 Elgin Pelican Sweeper; and $1,000 credit for alternate number 2, trade in of a 1989 Elgin Pelican Sweeper. They were the lowest bidder meeting specifications. Ayes all Set Public Hearing: Local Law #2 to Amend Taxi Ordinance; Discussion Commissioner Towne set a public hearing for the proposed local law number 2 of 2002 to amend Chapter 215 of the City Code entitled “Taxicabs” for March 5 at 6:45 PM . Commissioner Towne thanked the taxi committee for their efforts. He said that any time there are parties with opposing points of view on items of interest, you find some difficult moments, and some difficulties in terms of shaping agreement in addition to the fact that it was all to be done within a time frame to keep the process moving forward and in a very public forum. He said that when the ordinance was done through the fall and subsequently tabled, there were strong feelings expressed on the part of the committee about remaining involved. He said in all honesty there was too much time put in by too many people for him to do anything else but ask the committee members for their continued participation. He recognized the committee by name, including Gail Capobianco, Max Cohen, Phil Diamond, Libby Evans, Cindy Hollowood, Bob Kelly, Phil Klein, Juan Martinez, and Lou Schneider. He also thanked his Deputy Commissioner, Deborah Harper for her hard work over the last month and a half, and the great job, particularly, in picking the issue up both working with him in shaping suppositions and carrying through two difficult but productive meetings. He said he has heard from members of both parties, the committee and the taxi owners, and they have been very noteworthy of the fact that Page 11 of 19 City Council meeting minutes February 19, 2002 they recognize that both parties were not going to walk away in complete agreement over everything, and he felt that it was a very good process. Vote: Lewis & Greer Contract (02-046) Commissioner Towne said that Lewis & Greer is a specialized law firm dealing in services to school districts and municipalities principally in the area of real property assessments, large utility, industrial and commercial facilities. He said that the contract that he has circulated to the members of the council provides for the continuation of specialized services as originally proposed when they were hired back in August of 2001. He said that at the time it was unanimously approved and there have been subsequent contract extensions in order to continue to expand on the services they provide. He said that the Niagara Mohawk certiorari case has been referred to as the mother of all certiorari cases for the City. Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for council approval of the retainer agreement with Lewis & Greer of 11 Raymond Avenue, Poughkeepsie, New York as presented. Commissioner Towne said that the attorney fees for services regarding the Niagara Mohawk certiorari case are to be paid at the rate of $150 per hour plus costs and disbursements. He said he anticipates the expense for 2002 to be between $25,000 and $35,000, for approximately 15 hours per month. He said that in terms of their background and reputation within the legal community, they are consummate professionals with the kind of expertise needed to defend this particular lawsuit. He said this is an extension and continuation of a previous contract with the City. Ayes all Update: Insurance Commissioner Towne said that as it stands now, there are four companies/agencies that picked up the insurance specifications that were prepared by his office. Included in those four agencies were the seeking of quotes for up to 16 different carriers. He said that between the beginning of February and the end of March, Insurance companies would decide if they choose to submit a bid. He said that at the end of the process, all the information received will be compiled into a spreadsheet and sent to all council members so they are well aware of the coverage, cost, the insurance companies and agencies. He said that Thursday, April 4 has been set aside as the proposal/bid opening at 10:00 am for all who wish to attend, and it is an open process and each insurance agency will have an opportunity to review the bids by the various insurance companies they and the other agencies they represent. He said that from there, there will be a small window of time for agencies to make any adjustments they feel appropriate and then the final numbers will be taken into account and a recommendation will be developed. He said that because the insurance coverage ends the end of April there is only one council meeting to get the information together for a vote. He said he would do his best to get the information together so that the members of the council are able to make an informed decision on April 16. Update: Purchasing Guidelines Commissioner Towne said that there are a couple of items on Commissioner McTygue’s agenda that have to do with some hold over payables from 2001 to be paid in 2002. He said that the point is that they are continuing to make accommodations to get themselves on very good footing through meetings and adjustments to the guidelines. He said that there is going to be a document sent out to each council member so they know what the new changes are. He said that in an upcoming meeting in March, he plans to put the changes on the table for City Council approval. He said that he has no Page 12 of 19 City Council meeting minutes February 19, 2002 desire to deny a purchase for whatever reason, however it is important for each department to participate in the shaping of these guidelines to the fullest extent possible in order to stay within the spirit to end up with a document that everyone can feel good about. PUBLIC WORKS DEPARTMENT Waives of Bids and Extension of Waive of Bid Mayor Klotz said that Commissioner McTygue requested the opportunity to proceed with this agenda item. Commissioner McTygue said that in order to update a 2001 approval he previously received on August 21, 2001, he needs council approval for the following motion: Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to Allerdice for materials for the gas canopy at the City Garage for an additional $2330 to cover the cost of the trusses. Ayes all Commissioner McTygue said that in order to close out the year 2001 purchasing practices, he needs council approval for two separate invoices. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to B and B Plumbing in the amount of $2300 for materials and labor to install a new furnace at the City Garage. Ayes all Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for council approval to G&G Restaurant Supply in the amount of $1,994.75 for new tables for the Casino and the Music Hall. Ayes all Commissioner Lenz explained that if these expenses had been from the 2002 budget there would be no waives required, but because they are for the last warrant of 2001, council approval of the waives is necessary. FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payroll for 02/08/02 in the amount of $ 309,148.49 and for 02/15/02 in the amount of $333,491.37. Ayes all Approve Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following warrants: 6DEC01 – Warrant 2 – 6 General Fund $ 18,445.16 City Center Authority -0- Water Fund 21,355.45 Sewer Fund -0- Capital Projects Fund 353.10 Page 13 of 19 City Council meeting minutes February 19, 2002 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 40,153.71 Ayes all 2FEB02– WARRANT 2 - 33 General Fund $ 101,897.02 City Center Authority 7,636.85 Water Fund 8,172.78 Sewer Fund 1,513.47 Capital Project 5,326.88 Special Assessment District 200.00 Trust Fund 12,960.00 Debt Service 3,762.00 Community Development 13,833.83 Total Warrant $ 155,302.83 Ayes all MC021301 WARRANT 2 General Fund $ 28,051.34 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 28,051.34 Ayes all MC021302 – WARRANT 2 - 6 General Fund $ 66,065.66 City Center Authority -0- Water Fund 1,257.26 Sewer Fund 2,432.96 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development $ 17.52 Total Warrant $ 69,964.94 Ayes all Page 14 of 19 City Council meeting minutes February 19, 2002 Approve Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the budget transfers as distributed. Ayes all Approve Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as distributed. Ayes all Set City Property Auction Date Commissioner Lenz announced the date for a City Property Auction for Saturday, April 27, 2002 at 10:00 am in the City Court room. Commissioner Lenz said that there would be the same auctioneer as in the past for a fee of around two hundred dollars. He said that a list of properties to be auctioned would be distributed to all council members prior to the auction. 01/31/02 Financial Report Commissioner Lenz distributed the first monthly financial report of 2002. He said that it is early in the year, and so far there does not seem to be anything unusual pertaining to the individual budget expenditures. Approve Broker of Record (02-047) Commissioner Lenz said this is actually an approval for an additional Broker of Record. He said that the City has four health insurance companies that it is contractually obligated to do business with based on the Union Contracts including Blue Shield of Northeastern New York, Flex Plan; CDPHP; Empire Blue Cross and Blue Shield; and MVP. He said there are also a portion of the enrollees that are “opt-outs”, choosing not to take part in any of the City’s health insurance plans. He said that the Broker of Record for the City’s Health Insurance operates at no cost to the City, and any commissions they may receive come from the health insurance companies, and they are legally bound to not increase any of the City’s premiums based upon the broker commissions, so it does not effect the City’s premiums and there is no cost to the taxpayers. He said that the role of the broker is multi faceted, and they have been helpful in the budget process. He said that the finance office administers the City’s health insurance, and he has found it useful to discuss matters with the broker of record at budget time, especially in terms of potential premium increases. He said that brokers act as consultants to aid in the understanding of the many difficulties inherent in the insurance industry. He said they also serve a purpose in the instance that an employee might be having a conflict with a claim and the broker could intervene on behalf of the employee to help expedite the process towards a solution to the conflict. He said that the council appointed the current broker that the City has, and he cannot provide brokerage services to MVP, one of the City’s health insurance companies. He said that MVP is the Page 15 of 19 City Council meeting minutes February 19, 2002 largest health insurance provider for the City, accounting for 55% of the enrollment. He said that he would feel comfortable having a broker of record on board that has a relationship with MVP. He said he is also going to appoint an Ad Hoc Committee consisting of the Deputy Commissioner of Finance, the Deputy Commissioner of Accounts, and the Health Benefits and Accounts Payable Coordinator. He said his objective is to appoint these three positions because they play an integral part in the administration of the City’s Health Insurance. He explained that the committee would review the Brokers of Record on an annual basis, make a recommendation to the Finance Commissioner who would then bring it to the council table for approval so that any brokers that the City has from this point forward would be subject to an annual review and annual approval by the City Council and the committee will determine the review process and the criteria for recommendation. Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to appoint Jim Flynn from Wise Financial as Broker of Record only for MVP Health Insurance, for a period not to exceed one year. Mayor Klotz asked what the circumstance were that cased the broker to no longer be able to work with MVP and Commissioner Lenz said that he did not know the reason but MVP notified his office by phone and by fax that our current broker was no longer on their list of brokers of record. Commissioner Lenz said that he wants a broker for each insurance company so that there is someone to refer to and consult with in case of a problem. There was discussion about whether the council should take more time with this issue conferring with the current broker, but Commissioner Lenz said he wanted to move ahead with the vote and he would make it contingent upon a verification by the Mayor’s Office that the current broker is not on MVP's list of preferred brokers. Commissioner Towne said that apparently it has been proven beneficial to have a Broker of Record, so the only option here is to approve one for MVP or go without one. The motion was restated with the addition of a friendly amendment: Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to appoint Jim Flynn from Wise Financial as Broker of Record only for MVP Health Insurance for a period not to exceed one year contingent upon the confirmation that the City’s current broker is not on the broker list for MVP Health Insurance. Ayes: 3, Nays: 2 (Klotz, McTygue) Discussion: Surplus Commissioner Lenz said that he sent a memo out to each department requesting a response by February 26, and one of the reasons for the memo was the debate about paying for the zoning consultant and approving this expenditure from surplus without the Mayor trying to take a comprehensive look at the projected use of any of his funds. He said that a question was raised about the legality of not paying the bill and whether it would effect the City’s credit rating. Commissioner Lenz said that he is confident that the bill would be paid, but the question if the source of funding. He felt that the City would be better served if we understand how a budget that was approved by the council would impact the surplus in the year 2002. Commissioner Lenz said that he looked at ways to help the Mayor find revenue in his budget and one area is the Arts Council. He said that the line has always been $30,000 and the lease agreement is for ten years, and the bill was sent to the arts council until January and stopped because the revenue line was removed and not in the approved 2002 budget. Commissioner Lenz said that the City Council Page 16 of 19 City Council meeting minutes February 19, 2002 has not taken any action to terminate the lease, and therefor would like the Accounts Commissioner to continue sending the bills. Mayor Klotz said that he was wondering about the perspective utilization of the surplus and if it is the intention of Commissioner Lenz to reopen the 2002 budget. He wants to know if Commissioner Lenz is seeking a wish list or projections of what each department might need. Commissioner Lenz said that there are issues in the Finance, Accounts and Public Safety departments and these need to be prioritized. He explained that they need a sense from each department as to where the short falls are, and need to examine the concerns that are out there and prioritize them. Mayor Klotz said that he wants to see the closing of the books on 2001 to determine where the City is at fiscally and this is a critical piece in order to monitor the City’s fiscal status. He said that then we can look at where there are additional needs. He said he also wants to see the final sales tax payment at the end of February. Commissioner Lenz said that the more information we get the more accurate our decisions will be. Commissioner Towne said then, as he understands it, that the intent is to do future forecasts throughout this year. Commissioner Lenz concurred and said that the sales tax will have a huge impact on the City finances and they need to monitor this carefully especially after June 1. He said that anything would be helpful and forecasting can only help and not harm the situation. Mayor Klotz said that his office is working closely with the State Office of Tax and Finance to see what the sales tax status would be. He said that the budget proposal that Commissioner Lenz brought to the table had a more conservative estimate of sales tax than the budget that was adopted. Mayor Klotz said that he had more confidence in potential sales tax, and now they have to see how this plays out as to what money they might need to draw on. Commissioner Lenz said that there is a substantial difference of revenue formula expectations and we need to get a handle on unbudgeted revenues and surplus. He said that in 1999, the City spent $2,000 of unbudgeted surplus and in the last two years, 1.2 million dollars has been spent on unbudgeted surplus. He said the City needs to get a better handle on unbudgeted surplus utilization, and that they cannot be constantly tapping the unbudgeted surplus every year and keep expecting it to be there. Mayor Klotz said he agrees they cannot continue to use it up and they must work within the framework of the budget. Supervisor Klein said that he has proposed to the Board of Supervisors that the City of Saratoga Springs receive the full amount of sales tax from the racetrack. He said that the City might get a higher percentage. Mayor Klotz said that with respect to changes in the revenue, the 2002 budget did not include revenue from the Saratoga Arts Council, and since their board voted on not making that payment, he reluctant to change this. Commissioner Lenz said that only the City Council can alter this agreement and a lease agreement cannot be changed or nullified without City Council action. He said that it could be brought to the Page 17 of 19 City Council meeting minutes February 19, 2002 City Council for a vote, but this issue cannot be unilaterally decided based upon the 2002 budget line, without going to the (council) table. He said that it is not his habit to micromanage someone’s department, and if you wanted, you could make an amendment that would bring us closer to the $79,000. He said that the City Council made a decision to accept that revenue in the first place by approving the contract. PUBLIC WORKS DEPARTMENT Set Public Hearing – Street Name Commissioner McTygue set a public hearing for the next City Council meeting, Tuesday, March 5, 2002 at 6:55 PM to name a new alley that runs from Division Street to Washington Street. Set Public Hearing: Water & Sewer Rates Commissioner McTygue set a public hearing for the next City Council meeting, Tuesday March 5, 2002 at 6:58 PM on the 2002 water & sewer rates. Discussion – Washington St. Drainage – Phase 3 (02-048) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval for the City Engineer’s Office to proceed with solicitation of RFPs for the Washington Street Drainage, Phase 3. He said this project is part of the 2002 Capital Budget. Commissioner McTygue said that since this is a large project, he wants council action to direct the Engineer Office to proceed. Ayes all PUBLIC SAFETY DEPARTMENT West Avenue Firehouse Repairs Commissioner Curley said he is happy with the way things are moving along with the repairs on the West Avenue Firehouse. He said that Assistant City Engineer Debbie La Breche has been working hard to move the project along and work with the other parties involved to make things happen. He said that the window replacements are scheduled for the first week in March. He said that some Engineering recommendations are being put together for specs regarding some repairs that need to be made to the West Avenue firehouse façade, and once these are put into place, they are going out to bid in early March. Lake Avenue Firehouse Repairs He said that they are going out to bid in early March because they have all the specification requirements in order from the Office of Parks and Recreation. Code Enforcement Activity Update Commissioner Curley said that the property on 195 Division Street has been certified that the asbestos abatement is complete and they are waiting for the paperwork so that the demolition permit can be applied for and obtained. He said that there is another piece of property two doors away Page 18 of 19 City Council meeting minutes February 19, 2002 which has recently been sold and the tenants have finally been vacated but there are problems here. He said that the Code Enforcers are working with the new owner to get this property into compliance. He said that 142 Grand Avenue is another item that the Code Enforcers were working on and now is no longer there. He said that Court Action was taken on February 8 and the demolition was started on February 13 and is now complete. He said that there have been strides made due to a lot of hard work. He said that the substantial headway made last year is going to continue this year. He said properties are being purchased, sold and renovated, and this is beneficial to the City and to the community’s neighborhoods. DEPARTMENT OF ACCOUNTS Insurance (02-049) Commissioner Towne said that he had forgotten to cover an additional item under his agenda item number 7, insurance. He said that it is required to seek council approval for authorization for the Mayor to sign insurance application forms as part of the bidding process. He said that this is not a new procedure but the applications require the signature of the Chief Administrative Officer of the City. He said that the application is sent out to insurance companies authorizing them to provide and assemble information that will be part of the bid process. Companies will not provide the information without authorization in the form of a signature to show that this is an official action that is being sought. Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign insurance application forms as part of the bid process. Commissioner Towne said that the protocol is for the Mayor to sign this form on behalf of the City. He said this is administrative and is simply a certification that simply says “yes this is an official form”. Mayor Klotz said that he does not approve of this process because he thinks the City should stay with its current carrier but he will sign the forms if the City Council directs him to do so. Ayes: 4 Nays: 1 (Klotz) ADJOURNMENT Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 8:50 PM . Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: Page 19 of 19