City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY APRIL 16, 2002 Present: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Accounts, Stephen E. Towne Absent: Commissioner of Public Safety, Thomas Curley 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 Supervisor Anthony Scirocco CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7 pm. PRIVILEGE OF THE FLOOR Mayor Klotz introduced Robert Pasciullo to speak on item number 3 on the Public Works agenda regarding the water supply. Robert Pasciullo of 1 Beach Court, Saratoga Springs said he wished to direct his questions to County Supervisor Skip Scirocco. Referring to a meeting between the City Council and county officials, he said his intention is to have some clarification of the rationale behind the machinations of the county officials and the delay by some of the members of the City Council in providing the residents, the tax payers, of the City with copies of an accepted report on developing a City water supply. He referred to a newspaper article regarding joining together with other communities to obtain water from the upper Hudson that quoted Supervisor Hall stating that the County cannot assist with the regional plan since they assisted three other municipalities with their water problems. He said an extensive study done by Barton & Loguidice estimated that to draw water from the upper Hudson River would cost over 33 million dollars without building a water treatment plant, and to draw from Saratoga Lake would cost just over 17 million. He questioned how Supervisor Scirocco could justify a potential 45 to 50 million-dollar expenditure when it appears that the county cannot assist with funding, and other municipalities do not intend to participate. He asked if the residents would have to pay the difference. He questioned the original rationale in participating in a county wide sewer system that established upon the premise that more users would decrease the expense but instead has resulted in a 52% Saratoga Springs City Council Minutes April 16, 2002 increase to residents. He asked what is to prevent City water bills from spiraling upward if we participate in a countywide plan. He asked if Supervisor Scirocco agrees that his fellow supervisors have not demonstrated their commitment and interest in what is most efficient and cost-effective for his constituents. He referred to Clough Harbor’s scope of services of 4/8/02 to study the Upper Hudson that stated it is to be a desktop study, and asked supervisor Scirocco if he could define a desktop study. DEPARTMENT OF MAYOR Appointments (02-100) Mayor Ken Klotz announced the appointment of the following individuals to the Multi-purpose Indoor Recreational Facility Task Force: Bob Spratt, Chairman, James Lambalot, Meg Kelly, Doranne Mullen Derrick Legall, Andy Ozolins, Skip Carlson, Hamid Elahi, Cheri Grey, Beau Kilmer, Lawrence Levine, Rich Ostrov, and Ray Waldron Announce Senior Citizens Month Mayor Klotz announced that May is Senior Citizens month. Report: NI MO Clean-up Mayor Klotz reported that Bill Jones from Niagara Mohawk, the individual in charge of the clean- up project met last week with a number of City staff including the City Engineers, City Planner, the Deputy Mayor and others to bring them up to date on the progress of the clean-up project. Mayor Klotz said Mr. Jones addressed questions on minor changes that were approved by EPA, and also discussed the anticipated conditions of the property after the project and the intentions of Niagara Mohawk in regards to the development of the parcel. Mayor Klotz said they hope to have Bill Jones come to a council meeting soon. Discussion: Train Station/Station Lane Mayor Klotz said correspondence from the Capital District Transportation Authority (CDTA) was distributed last week regarding their proposal for some improvements to Station Lane for an expenditure of $400,000 of which they would be responsible for 80% or $320,000 and the City’s contribution would be 20% or $80,000. He said representatives from CDTA approached the Mayor and Commissioner McTygue to see whether it would be possible for the City, specifically DPW, to provide in-kind services. Mayor Klotz said that CDTA prepared a draft of the agreement that set forth the expectations they have for City’s participation. Commissioner Towne asked if the $80,000 portion of this project entirely would be comprised of in-kind services that might come from DPW. Mayor Klotz responded that their request is whether we could do it in that way and he commented that this has been the basis of the discussions between the CDTA and DPW. Page 2 of 15 Saratoga Springs City Council Minutes April 16, 2002 Paul Male said DPW does not have the manpower available at this time, but the Engineers Office has offered to do contract administration and inspections as in-kind services, which would total about $15,000 to $20,000. He said that he looked at the CDTA numbers for the project and they seemed significantly high. Mayor Klotz said that if their total is less than they anticipated, then the amount of the City’s in-kind contribution would be less also. Public Works Director Bill McTygue said that the job consists of roadwork, lighting, curbs and sidewalks from the intersection of West Avenue in to the Amtrak Station. He said it is a matter of designing the project acceptable to City standards because it is to be a City-owned and maintained roadway when completed, put it out to bid, and come back with a cost not to exceed $400,000, and the details are being discussed now. Paul Male mentioned that the City could recoup some of their investment by encouraging development along this road. Commissioner Towne asked if there is money in the City’s budget for this project. Mayor Klotz said there is no money budgeted at this time, but CDTA sees this project as being related to the pending renovations of the rail road station, and ultimately it is a good thing to do now if 80% of it is going to be paid for by the State. Supplemental Resolutions and Agreements: West Avenue (02-101) City Engineer Paul Male said that on March 5, the council approved change order number 5 for the West Avenue project. He said subsequent to this approval the resolutions must be approved by the City Council and signed by the City Clerk. Mayor Klotz said that this is a technical follow-up to adopt these resolutions since the council has already approved the expenditure. Mayor Kenneth Klotz moved and Commissioner Stephen E. Towne seconded for council approval of both resolutions regarding the West Avenue project as distributed. Ayes all Preliminary Engineering: Springs Run Trail Bike path Paul Male said that the City signed a contract with Earth Tech to do the engineering on Spring Run Trail and they are working on that project. However in the funding mechanism of this project that was set up by the state, they allocated a certain amount of dollars for this project and the amount that the City contracted for Earth Tech was higher than that allocation so the state sent a new, revised resolution which allows the design phase of the project to cost as much as $175,000. Paul Male said that this is a formality so that the money can split according to the new resolution so the City would get reimbursed for the total amount of the design phase. Mayor Klotz asked if this means that later on the money might be taken out of the construction phase because the design costs were higher? Paul Male replied that at the time the contract was signed and now, Earth Tech believes that the whole trail can be designed and constructed for the amount allocated by the state. Mayor Klotz said that this is legal language that the State requires to allow the additional money to be paid for the design portion. Commissioner Lenz asked if the City'’ contribution is increasing and Paul Male said that the City’ contribution is fifty per cent. He said that whether it is allocated to the Page 3 of 15 Saratoga Springs City Council Minutes April 16, 2002 design phase or the construction phase, the total pool of dollars is the same. Mayor Klotz said that he did not know this required a vote and asked the council if they wanted to vote tonight. Commissioner Towne said that the only question he has is whether there are any ramifications of putting more money into one category than originally allocated and subsequently having to reduce the amount for the other phase. Paul Male said it makes no difference except that this allows the City to get reimbursed sooner for the Engineering costs of this project without having to open their pocket. Commissioner Lenz asked that the council wait so his office could take a closer look. Recreation Department: Approval of Donations for the Travel “Y” Camp (02-102) Linda Terricola said that she is seeking council approval for the one thousand-dollar donation from Stewart’s, one thousand dollars from the Lion’s Club and two hundred dollars from Saratoga National Bank. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for City Council approval to accept these donations for the Y Travel Camp program. Ayes all Recreation Department: Approval of Coordinators (02-103) Linda Terricola said she is seeking City Council approval for the Coordinators salaries as submitted and she explained that the funding has been allocated in the 2002 budget. She said that the Recreation Commission approved these salaries. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval of the Youth Parking Coordinator salary of $3600, the salary for Soccer Coordinator for Pre-K to Grade 7 at $2800; and $1,000 for the Soccer Coordinator for Grades 8 – 12; $2500 for the Camp Saradac Director; $1,000 for Boy’s lacrosse, $450 for the Girl’s Lacrosse Coordinator. Mayor Klotz asked if these positions are in place at this time and Linda Terricola said they are lined up, but not all have started yet. Mayor Klotz asked if these amounts represent significant increases from last year. Linda Terricola said that most include small increases but the Camp Director’s salary reflects a large decrease ($3700) from last year. She said she is going to come back to the council to request an increase in salary for the Assistant Director because some of the Director’s responsibilities are going to be passed to that position. Commissioner Towne asked if the council had already approved some of these salaries and Linda explained that the hourly rate for these positions had been approved, but not the total amount that can be expended for each position from the 2002 Recreation budget. She said that in addition, the council approved all the positions that go with the programs such as soccer officials or camp counselors, which are all hourly rates. Ayes all Recreation Department: Approval: Coke Agreement (See attached) (02-104) Linda Terricola said this is routine procedure to seek council approval of the agreement between the City of Saratoga Springs and Coke. She said that the amount of commission percentage agreed to has almost doubled, and the revenue from these vending machines goes toward recreation fees. Page 4 of 15 Saratoga Springs City Council Minutes April 16, 2002 Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the agreement with Coke as presented. Commissioner Stephen Towne asked if there is a set length of time for this. Linda Terricola said that the agreement would begin tomorrow, April 17 and run through the football season, around November 5. He asked if this is done annually and she said “yes”. Commissioner Towne asked if, since they are eating into their profit margins with the increase in commission for the City, there is any intention to raise the cost of the beverages in the machines? Linda Terricola said that she is pleased to say that the cost for the 20 ounce bottles would remain the same, at one dollar per bottle, as it has been for several years. Ayes all Linda Terricola announced that the grand opening of the new baseball diamond at Geyser Park is scheduled for Saturday May 1 at 10 am. She said that the Department of Public Works has done an outstanding job getting the field ready. Commissioner McTygue wanted to clarify that although the St. Peter’s teams are using the field, it is a City owned field for use by anyone that wants to use it. Commissioner McTygue said that the dug outs have been donated by Bonacio Construction. Proclamation: Crime Victims’ Rights Week (02-105) Mayor Kenneth Klotz said he is issuing a proclamation declaring the week of April 21 through April 27 Crime Victim’s Rights week. He said this is a statewide initiative. PROCLAMATION CITY OF SARATOGA SPRINGS As the City of Saratoga Springs continues its efforts to reduce crime rates and fight crime at every level, we must never lose sight of the toll crime takes on its victims. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large. Through their commitment and courage, crime victims play an indispensable role in bringing offenders to justice. In return, we owe crime victims fair and respectful treatment during the criminal justice process. While governments have adopted laws and procedures to protect the rights of victims of crime and provide them certain essential services, all of us – policy makers, those in criminal justice system, counselors, clergy members, and members of the general public – must do what we can to adhere not only to the letter of the victims’ rights laws but the spirit of those laws as well. Let us Dare to Dream that in the year 2002 and beyond, respect and dignity will be basic rights for everyone victimized by crime. Through public and private efforts, great strides have been made to ensure compassionate treatment of crime victims and their families. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also, to build a better, more just community. NOW, THEREFORE, I Kenneth Klotz, Mayor of the City of Saratoga Springs, hereby proclaim the week of April 21 –27, 2002, Crime Victims’ Rights Week, and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. Dated: March 14, 2002 Kenneth Klotz, Mayor City of Saratoga Springs Page 5 of 15 Saratoga Springs City Council Minutes April 16, 2002 Home Rule Legislation: Ice Rink Property (02-106) Mayor Klotz said this legislation is in regard to the Excelsior Avenue Ice Rink property. He said it is legislation that is required for technical reasons to be brought by the City to the State Assembly, Senate and the Governor’s Office for approval to allow us to proceed with the transfer of the old Excelsior rink property to Niagara Mohawk after the clean up. Jeff Wait, City Attorney said that the Assembly might be requesting an amendment to the legislation and if they do, a new Home Rule legislation must be brought before the council. Jeff Wait said that the City is required to spend all the money either on a recreational land, building a recreational facility, or on improvements to existing recreational facilities. Mayor Klotz said that in order for the City to complete its agreement with Niagara Mohawk to transfer the property to them at the agreed upon price, this Home Rule legislation must be approved because it was state money that allowed us to build it in the first place. Jeff Wait said since the land was used for recreation, it is considered park land by the Office of Parks and Recreation and therefore legislation is needed from the State to alienate that piece of property so there is a bill that is ready to be introduced into the legislature. Commissioner McTygue said normally this legislation is routine and moves right through both houses quickly. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval of the home rule legislation as originally distributed. Mayor Klotz said that approval would be with the understanding that it might come back to council for amendment if necessary. Jeff Wait said that if the legislation is amended and needs change, he would circulate a memo for council approval. Ayes all Donation: Rotary Club (02-107) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval of a donation of $600 from the Rotary club to the Urban Heritage Area to fund the Sunday band concerts in July. Ayes all Discussion: Salary Review for City Employees Mayor Klotz said material was distributed last week regarding a salary review for City Hall employees. He said there were four proposals that were generated by a series of inquiries made by the Deputy Mayor. He said some are more detailed than others, and he would like the council members to review them and provide feedback to Deputy Mayor Kuczynski. He said cost is an issue since the proposals ranged from $10,000 to over $40,000. Mayor Klotz said a related issue is the fact that the new charter calls for the council to establish a new position of Human Resource Director, and they have to be thinking about the coordination of any work on the salary review with the establishment of this position. He said that the position should be in place by the year 2004, and conceivably could be budgeted for in 2003. Page 6 of 15 Saratoga Springs City Council Minutes April 16, 2002 Announce: National Poetry Month Mayor Klotz announced that April is National Poetry month and there have been a number of activities regarding poetry month at the Library and at Skidmore College. Set Public Hearing: Local Law #2 of 2002 – Interlaken Special Assessment District Mayor Klotz set a public hearing for Local Law #2 of 2002 establishing a Special Assessment District in Interlaken for 6:30 pm on May 7. Commissioner McTygue mentioned that at the last council meeting he had requested an upgrade for Lynn Zorn, and they discovered an adjustment is necessary because she is making fifty dollars less, so he will be circulating a memo in the next few days. DEPARTMENT OF ACCOUNTS Acceptance of Council Minutes for April 2, 2002 Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for council approval of the minutes of the April 2 City Council meeting. Ayes all Acceptance of Special City Council Minutes for March 14, 2002 Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for council approval of the minutes of the Special City Council meeting of March 14. Deputy Commissioner Harper clarified that these were minutes taken at the City/County meeting on water source development. At the request of Mayor Klotz, the motion was withdrawn to give council members more time to review these. Approval: Award of Bids Heavy Duty Dump Truck with Multi Purpose & Plow Equipment Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid #2002-08 for the heavy- duty dump truck with multi-purpose dump body and plow equipment with T-N-T installed equipment to Sterling Trucks out of Syracuse in the amount of $102,447. They were the lowest bidder meeting all specifications. Ayes all Pre-Cast Curbing Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid #2002-13 for Pre-cast Curbing to Fort Miller Company of Schuylerville in the amount of $11,775.00. They were the only bidder. Ayes all Page 7 of 15 Saratoga Springs City Council Minutes April 16, 2002 Heavy-duty 2-3 year dump body with hydraulic hoist Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid #2002-15, for the heavy- duty 2-3 Yard Dump Body with hydraulic hoist, to White Bear Equipment, Inc. of Albany in the amount of $5,750 including option #1 as described in the specifications. They were the lowest bidder meeting specification requirements. Ayes all Reinstatement: Secretary to the City Council (02-108) Commissioner Towne said that the New York State Civil Service has already approved the reinstatement of Kathy Moran to the position of Secretary to the City Council. The Civil Service Commission will confirm this reinstatement at its April 24th commission meeting. Kevin Veitch, President of the CSEA City Hall Unit has given the approval of the Civil Service Employees Association labor union. As the memo circulated earlier indicated, the effective date of the upgrade of the position from a grade 12 to a grade 14 is April 29, 2002. The re-instatement of Kathy Moran to the position of Secretary to the City Council will be at grade 14, step 5 keeping her anniversary date of August 28. Vote: MDI Associates/NI MO Lawsuit (02-109) Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for City Council approval to have Lou Lewis, the attorney we have hired to represent the City in our ten year certiorari case with Niagara Mohawk, sign a contract on behalf of the City to engage MDI Associates for appraisal related services associated with the NI MO lawsuit. He said the contract has been reviewed and approved by the City Attorney, and the amount is $50,800 plus up to ten percent for related out of pocket expenses, plus four to six thousand dollars for additional engineering with an independent contractor that is engaged with that firm as well. Mayor Klotz asked if the money was in the budget for this and Commissioner Towne replied that the money was encumbered. He said this is the same contract, with slightly different amounts, with the same outfit that Lou recommended in the fall that Commissioner Mirling initially proposed but had withdrawn for further review. Ayes all Update: Voter Education Day Commissioner Towne said that Thursday, April 18 a Voter Education Day is scheduled from 9 AM to 9 PM at the City Center. Deputy Commissioner Deborah Harper said that the members of the Saratoga Springs High School Participation in Government Class and students in Government from Skidmore College are going to be organizing the Voter Education /Registration day. Representatives of Sequoia, the vendor of the two recently purchased electronic voting machines, will be available throughout the day to train voters in the use of the new machines. She said that brochures would be available regarding information on procedures concerning the new machines. She said the brochures were created by the “Participation in Government” students and the Skidmore students. She mentioned that several election inspectors were going to work in two hour time slots, donating their time and their expertise to instruct on standard voting machines, including Jean Hall, John Cremen, Eileen Christopher, Carol Waldron, E. Norbert Zahm, Cliff Ammon, with Page 8 of 15 Saratoga Springs City Council Minutes April 16, 2002 Phil Diamond and Lou Schneider on stand-by. Debbie Harper thanked the inspectors for their time and effort in this project and also the following people for their help: Judy Conway and Bill Frucci of the County Board of Elections, students, Jakii Poulette, Jevan Fox, Kelly Boyce, Jameson Brown, Keith Kirchner, Andy Kirshenbaum, Juan Martinez, election inspector organizers Thilo Ullmann and Rose Zacek; Mark Baker and the City Center Staff, Public Works employees James Hart, Arthur Carnevale, Gregg Benton, Russell Horde, Phil Olszewski, Commissioner Thomas McTygue, and Deputy Commissioner Bruce Brown; Tim Welch of Lazer Pix, David Patterson , the SSHS Participation in Government Teacher; Anna Svizzero, the State Director of Election Operation; Barb Schallehn, Skidmore Director of Student Activities; Christine Valerenao and Peter Balcom of Sequoia Voting Machines. Update: Property and Casualty Insurance Commissioner Towne said that two insurance companies (Brokers) ultimately submitted bids.. He said the bids and the amounts are very complex and more information will be circulated to the council. He said he has planned a special City Council meeting for April 22 at 6 PM regarding the selection of a broker. He said he has a meeting scheduled with representatives from Wise Insurance, followed by a meeting with Marshall & Sterling, the two companies that submitted proposals. He said the meetings are going to be followed by discussions with the City’s Insurance Consultant, Jack Perry and Insurance Coordinator, Cindy May, after which he would make his recommendation. He said he wants to have comparisons of different retention, coverage, etc. distributed. Commissioner Tom McTygue requested to have a representative from DPW sit in on these meetings, and Commissioner Towne agreed. Mayor Klotz said he would not be able to attend the April 22 meeting. He stated that these are enormous increases in numbers, more than anticipated. He said that our carrier withdrew because this was put out to bid and now the City is facing the consequences. Commissioner Towne disagreed with the Mayor, saying that the paid loss history is the basis for the company’s withdrawal. He said they indicated that the City’s loss history has been substantial. He said that the City of Saratoga Springs is not alone in this increase. He mentioned that both proposals are one-year proposals, and the levels of the numbers reflect that we are in for a tough time. Mayor Klotz said he is hearing from contacts with insurance expertise that we should stick with the people we have been dealing with. DEPARTMENT OF FINANCE Approve Payrolls Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the payroll for 04/05/02 in the amount of $ 325,198.29 and for 04/12/02 in the amount of $323,404.35. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the following warrants: Page 9 of 15 Saratoga Springs City Council Minutes April 16, 2002 2APR02 WARRANT 2 - 33 General Fund $ 157,045.00 City Center Authority 8,054.69 Water Fund 21,491.29 Sewer Fund 3,224.24 Capital Projects Fund 42,249.36 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development Total Warrant $ 246,420.41 Ayes all MC020410 - WARRANT 2 - 7 General Fund $ 59,776.02 City Center Authority 359.89 Water Fund 9,313.15 Sewer Fund 2,409.87 Capital Project 19,987.50 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 19.31 Total Warrant $ 91,865.74 Ayes all Approve Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the budget transfers as submitted. Ayes all Approve Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the budget amendments as distributed. Ayes all Approve City Land Auction Resolution (02-110) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to accept the City Land Auction Resolution as follows: RESOLUTION BE IT RESOLVED by the City Council of the City of Saratoga Springs, New York, as follows: Page 10 of 15 Saratoga Springs City Council Minutes April 16, 2002 1. The City Council hereby adopts the recommendations of the Real Estate Committee concerning the sale of certain real estate owned by the City of Saratoga Springs. That certain real estate owned by the City of Saratoga Springs, hereinafter more particularly described, be sold at public auction to the highest qualifying bidder; that said auction be held in the City Court, City Hall, 474 Broadway, in the City of Saratoga Springs, New York, on the 27th day of April 2002, at 10:00 a.m.; that public notice of said sale be published in the Saratogian once each week for the two (2) weeks immediately preceding said sale. 3. That the terms of sale are as follows: a. Each parcel will be placed up for bidding in the order listed in the notice of sale and struck down to the highest bidder, subject to approval by the City Council of the City of Saratoga Springs. b. Ten percent (10%) of the price bid will be required to be paid in cash or personal check to the Commissioner of Accounts at the time and place of sale, and for which a receipt will be given. c. The remainder of the total bid will be required to be paid to the Commissioner of Accounts at his office in City Hall in Saratoga Springs not later than thirty (30) days from the date of approval of the City Council of the City of Saratoga Springs. Upon such approval and payment of the remainder of the purchase money, a quit claim deed signed by the Mayor pursuant to the authority of the City Council of the City of Saratoga Springs will be delivered. d. The Commissioner of Accounts shall notify each purchaser at the address listed in the memorandum of purchase, of the action taken by the City Council and said notice shall also set forth the date upon which full payment of the bid must be made. Each purchaser will also be notified of fees to be added to the bid price for recording of the deed, real estate transfer tax and adjustment of taxes. If the purchaser neglects to call at the time and place specified to receive the deed to the premises purchased, the ten percent (10%) deposit will be forfeited unless the sale has not been approved by the City Council of the City of Saratoga Springs. . No representation is made as to the condition or validity of title to the parcels to be sold. Abstracts of title and land surveys will not be furnished. Dimensions of parcels are approximate and are not guaranteed. f. The purchasers at this sale will, at the time and place of sale, sign a me morandum of purchase. g. The bidding will be kept open after any property is struck down, and in case any purchaser shall fail to comply with any of the terms and conditions of sale, the premises so struck down will be again put up for sale. h. In addition to the above, each successful purchaser shall be required to pay as a closing adjustment, a charge relative to the cost of advertising in accordance with the following schedule: Amount Bid For Property Advertising Charge $ 1 to $ 500 $25.00 501 to 1,000 50.00 1,001 to 5,000 75.00 5,001 to 10,000 100.00 Over 10,000 125.00 Page 11 of 15 Saratoga Springs City Council Minutes April 16, 2002 4. The successful bidder must sign an agreement affirming that he/she is not acting on behalf of the former owner(s) or will be liable for any excess taxes, penalties, interests and assessments due in excess of bid price. 5. That upon completion of the sale in accordance with the terms of sale aforesaid, and upon the subsequent approval thereof by the City Council of the City of Saratoga Springs, the City Attorney of the City of Saratoga Springs shall prepare and deliver to the purchaser a properly executed quit claim deed in the name of the City of Saratoga Springs duly executed by the Mayor of said City. 6. That the parcels of City owned real estate to be sold as aforesaid are attached. Ayes all Commissioner Lenz noted that two parcels have been removed from the original list of properties including tax map number 165.36-2-38 and also 191.8-1-46.111. 2001 Year End Report Deputy Commissioner Christine Gillmett-Brown reminded Council members that this is a preliminary report. She said the audit will begin June 1, and after that time the figures will become final She said though they do not anticipate any significant change to the preliminary numbers. Deputy Commissioner Christine Gillmett-Brown reported that there is a $6,745,000 million fund balance of which $2,775,000 million is unreserved. She said some of the reasons for the increase in this fund balance are the increase in sales tax, that the amount received from tax collections is higher than anticipated, the cash balances are higher and the fees collected for DPW services are higher than budgeted. She said there was also a decrease in the interest rate for short term debt. Report: First Quarter 2002 Revenues and Expenditures Deputy Commissioner Christine Gillmett-Brown distributed the March 31 financial report. She said we should be at about 25 percent with expenditures and departments are below that at 21.4%. Mayor Klotz asked if this is a trend that the City is consistently below budget, and Deputy Commissioner Gillmett-Brown said “Yes”, some things can happen to effect an account such as snow storm emergencies or the lack thereof. Mayor Klotz said that a lot of money was probably saved in DPW because of the mild winter. Christine Gillmett-Brown referred to the revenue report for the quarter, which indicated that the numbers increased over prior years. She said that this is due to an increase in building within the City, and a catch-up of paperwork in Engineering. She said that the Utility tax revenue is down because they are behind since this revenue comes from outside sources. She said she will keep the council apprised of the expense and revenue status of their departments on a monthly basis. Commissioner Lenz noted that these were estimates and not actual figures. He noted that they have expanded these reports upon request. He said these are helpful tools to monitor our financial situation. He encouraged the members of the council to let him know if there is anything they want to see or that should be mentioned in these reports. Page 12 of 15 Saratoga Springs City Council Minutes April 16, 2002 DEPARTMENT OF PUBLIC WORKS Donation: Carousel Dome Commissioner McTygue announced the receipt of the small dome on the Carousel that was donated to the City by Bonacio Construction Company. He said that the value of the dome is placed at approximately $7,500. He said he is also in receipt of a check in the amount of $5,000 from Mr. & Mrs. Sonny Bonacio to be used for the Carousel. He gave the check to the Commissioner Lenz. Informational: Trees Commissioner McTygue said that the Department of Public Works has purchased approximately 100 trees, including maples, elms, locust, Japanese tree form, lilac and cherry to be planted throughout the city. He said that the disease resistant urban elms grow quickly and have been a huge success over the past few years. Commissioner Towne asked if the trees were planted upon request. Commissioner McTygue explained that they are, but around a dozen are held for entrances, Broadway, areas or places where some need to be replaced. Commissioner Towne commented that trees used to line the perimeter of the East Side Recreation field and this tree line has dissipated over the years. Commissioner McTygue said that the school system owns this field and although they maintain a capital fund for these fields and trees could be included, the priority at this time is to replace the pools, and improve sidewalks and fencing with these funds. He suggested seeking donations of trees for that area. Discussion: Water Supply Commissioner McTygue announced that they have begun the process of flushing out the City’s water system. He said it is anticipated that this work will continue through Friday, May 3. He said all flushing of hydrants will be performed between the hours of 7:00 AM and 3:00 PM Monday through Friday. He said residents may notice discoloration due to turbid water and this is normal and not harmful. He cautioned residents to check their water before using automatic washers. He said if discoloration persists, residents are encouraged to notify the DPW utility office in City Hall. Commissioner McTygue noted that on the subject of water, recent rain has elevated the water level of Loughberry Lake to spillway levels. He said while this is good news, he encourages residents to use caution with respect to water usage. He said our region is still facing a continuing and serious drought condition even with the recent rain. He noted that as the spring season approaches, where daily water demands could significantly increase, they are going to continue to closely monitor Loughberry Lake levels along with the well levels at Geyser Crest. Commissioner McTygue said he wanted to mention that the Barton & Loguidice Draft Environmental Impact Statement states that there will be no negative impact on Saratoga Lake nor on the recreation activities on that lake, if that is the direction the council decides to go in. He said that on a positive note, this would give the City a good opportunity to work with Saratoga Lake people. He said the County is not interested in funding a management program around the lake. He said values of property around the lake have increased due to cleaner waters. He said that Page 13 of 15 Saratoga Springs City Council Minutes April 16, 2002 this is part of the report calling for managing Saratoga Lake. He said residents should be concerned with pesticides and chemicals coming into the lake from farms. Commissioner Towne commented regarding the Barton & Loguidice report, that the statement was actually “no impact anticipated”. He said they are in no better position to know exactly what would really happen if the lake is used than anyone on the City Council. Commissioner McTygue said that they are not interested in any restrictions on the lake. They do not want recreation restricted on this lake. He said there are over 100 lakes in New York State that are used as water sources in towns and are used for recreation as well. He commented that his department had the foresight to establish tapping fees to place the City in a position to be able to develop a new water source in the City and not have to increase taxes to do so. He stressed that he wants everyone to deal with the facts. He said the press is making attacks without dealing with truth and this is detrimental to the City Council. He urged the members of the press to be sure that articles are factual before printing them. Commissioner Towne wanted to clarify that the DEIS states that regarding the use of Saratoga Lake, “no impact is anticipated”. Mayor Klotz said that there is a semantic distinction, but the base fact is that the City’s experts are not finding anything to indicate that there would be an impact. Response to Privilege of Floor Supervisor Anthony “Skip” Scirocco said that Mr. Pasciullo had brought up a number of concerns and he would be glad to come back to the council and address the questions raised after researching the issues. Approval to Donate Pickup Truck to Schuylerville/Saratoga Battlefield Group (02-111) Commissioner McTygue said that his department has a surplus truck that would normally be placed in the City auction because it would not pass inspection. He said his department received a request from the Town of Saratoga for this truck. He said he is seeking council permission to remove this truck from the City Auction and instead donate it to the Town of Saratoga to be used by them, the Village of Schuylerville and the Village of Victory to help with their flower program. He said it is Truck #79 , about ten years old and would only bring about $500 - $600 in the auction. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to donate the pick-up truck #79 to the Town of Saratoga. Ayes all Discussion: Emergency Work on Clement Avenue Commissioner McTygue said that he wanted to discuss the emergency situation on Clement Avenue. He asked representatives from the City Engineer’s Office to describe problems in the street, which are due to old sanitary lines and that necessary blasting is causing problems. Stan Borden said there is a large project on Greenfield Avenue being built by John Witt. He said that part of the plan is for Witt Construction to install an 18” storm drainpipe from North Broadway. Page 14 of 15 Saratoga Springs City Council Minutes April 16, 2002 He said they anticipated some rock excavation, but not the amount needed. All mains, gas, water, and sewer were located, but substantial problems were encountered because they were not located as depicted on the drawings. He said that field changes have been made. They have run into substantial rock excavation and have had to blast. As a result, the sanitary sewer pipe, which is over 100 years old is failing. Niagara Mohawk has reported that their gas system has failed also. He said that as a result of the blasting, curbs and sidewalks have collapsed. Stan Borden explained that the developer has been willing to help; he has installed new curbs and paving instead of patching. He said that they are trying to look at ways to resolve this issue. Commissioner McTygue said that this is a large problem, but in the end the City will have a new storm system in this area. He said that the issue is whether the City needs to help the developer. He said that when he saw this project approved by the Planning Board, he did not doubt that there would be a problem. He said that the City should replace the sanitary sewer line and the storm water line. He said that the City might have to pick up some of the expense incurred because the damage is much greater than anticipated. He said that he does not want someone to go “belly up” in business because of one contract. He said that the DPW department has money that was received from the landfill closure that could be used to help with this situation. Stan Borden mentioned that when the project is done, things will be improved such as the aspect of fire protection, and that they are finding and replacing bad connections between storm sewers and sanitary lines. He said these conditions would not have surfaced had it not been for this project and these problems. He stated that the high priority now is to replace the sanitary sewer line. John Witt, project developer, said that this project, Park Alley North, has been a difficult one. He said they were following the contours of the old storm sewer and did not anticipate blasting. He said the pipes are lying on top of each other and they are not on the maps. He said they are fixing everything as they go and he commended the work of DPW and the attention and assistance received from the City Engineers. He noted that when it is completed, the project would be an asset to this City. DEPARTMENT OF PUBLIC SAFETY Nothing at this time ADJOURNMENT Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 9:10 pm. Ayes all There being no further business, Mayor Kenneth Klotz adjourned the City Council meeting at 9:10 pm Adopted: Respectfully Submitted, Nancy Wagner Clerk 4/30/02 Page 15 of 15