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City Council

Regular Meeting

Saratoga Springs, NY · June 18, 2002

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 18, 2002 7:00 P.M PRESENT: Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor ABSENT: Anthony Scirocco, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Christine Gillmett-Brown, Deputy Commissioner, Finance Debbie Harper, Deputy Commissioner Accounts Bob King, Deputy Commissioner, DPS Jeff Wait, City Attorney PUBLIC HEARINGS Vehicle & Traffic Ordinance B Stop Sign B Spring Street Commissioner Thomas Curley said the traffic department proposed to place a stop sign on Spring Street near the carousel. He said this was a preliminary step which would help to mitigate traffic concerns in this area. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Public Assemblies Commissioner Stephen Towne said this is a proposed modification to amend Chapter 69 of the City Code in connection with public assemblies. Tony Izzo, Assistant City Attorney, said the last time this ordinance was reviewed was in the 1990s. He said portions of this ordinance date back to 1915. He said the ordinance has been revised into three parts. He said the existing ordinance dealt with tents only and they are now proposing to add a section which deals with special events. Tony Izzo said that Article 3 deals with special events. He said the majority of the changes were to Article 2. He said that three levels had been established for tent erection. He said level one is for small tents (similar to private party style tents) and for non commercial use. He said level two is for tents which will be in place for up to 45 days per year for which a permit and a fire inspection would be required. He said level three would be for tents that will be up longer than 45 days and they would be treated as a structure under the City=s zoning ordinance. He said that other minor modifications included fire standards, increase in inspection fees, and bringing into the ordinance language on insurance coverage that the Accounts Department has already been using. Tony Izzo said there were some other minor modifications after distribution of this ordinance, however, they were minor enough so as to not have to readvertise and/or postpone a vote. Mayor Kenneth Klotz clarified that these changes were being made because the staff of City Hall requested this review. Commissioner Stephen Towne said these changes were being made as part of an overall review and Page 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 updating of ordinances which are connected to the Accounts Department. Commissioner Stephen Towne thanked members of the committee: John Betor, Bob Cogan, Mike Biffer, Geoff Bornemann, Fran Murphy, Sheila Brooks, Kevin Veitch, Dan Cogan, Tony Izzo and Debbie Harper for their work on this revision. Commissioner Stephen Towne clarified that under the level two more than three permits would be permitted as long as the total days that tents were in place did not exceed 45 days. He said this change to the ordinance was a result of a comment received from the Saratoga National Golf Course. Tony Izzo also noted that the person erecting the tent must simply provide proof that it meets fire standards. He also noted that for consistency reasons, the text Atent installation license@ would be change to Atemporary structure@. Mayor Kenneth Klotz opened the public hearing. Bob Howard, Saratoga National Golf Course, said he sent a letter today concerning the proposed modification of the number of tent permits allowed. He said they have many special events at the golf course and the situation of allowing only three tent permits were not enough. He said it should be changed so that there is not a number limiting the amount of permits issued, but rather it simply should not exceed 45 days. Commissioner Stephen Towne said that request had been addressed and the permits would now be issued for level two tents as long as they did not exceed 45 days. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Water & Sewer Fees Tony Izzo said this was a proposed amendment to Article 231 of the City Code which relates to the water & sewer fees. He said the proposed modification would be that the person requesting a meter reading (buyer, seller, realtor, etc.) would be responsible for paying the $40 fee. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. PRIVILEGE OF THE FLOOR Jane Townsend said she was here this evening to represent business owners in the downtown area. She said they would like to see the position of the third police officer be funded. She said they also hoped that the Council would consider funding the youth advocate position. She said last summer was a good summer in the downtown area, unlike the summer before, and the businesses and the kids benefitted from the youth advocate position. She said customers have commented to her that it is easier to shop at exit 15. She said that they want to maintain their customer base and encourage people to shop downtown. She noted that the sales tax issue was an important reason to shop downtown. MAYOR=S OFFICE Arts Council B Discussion Page 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Mayor Kenneth Klotz informed Council members that the Arts Council had undertaken a display of painted horses throughout the City. He encouraged everyone to take a look at the horses. Mayor Kenneth Klotz asked Commissioner Thomas Curley if there had been any progress with a long term solution to the Arts Council rent and when might the Council expect a recommendation from Commissioner Thomas Curley. Commissioner Thomas Curley said it was his intention to meet with the Arts Council next week and to return to the Council at the next meeting with an amendment for the contract. He said he had conversations with the Arts Council and they are trying to work out the details such as the maintenance fee. Recreation Department B Grant Application Resolution B Confirmation (02-158) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to confirm the previous approval by memo to submit the grant application for the Gilbert Road parcel. He said there is a 50/50 matching grant which would require the City to match up to $237,050. Ayes all. Appointment Mayor Kenneth Klotz announced the appointment of David Keen to the Recreation Commission. Donation Urban Heritage Area Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to accept the donation from Michael Noonan Photography for $100 worth of photograph printing and $50 for a photograph. Ayes all. Proclamation Mayor Kenneth Klotz read a proclamation commending the 2002 Joint Service Club participants for their project to clean and refurbish a number of Saratoga County Cemeteries and burial sites on June 29. Downtown Merchants B Discussion Mayor Kenneth Klotz announced that he placed this item on his agenda to allow time for the downtown merchants to state their concerns. He said he would like to see a return to funding the youth advocate position. He said the downtown merchants seemed to be satisfied with that position. He said it was unfortunate that the Council has chosen to not support this position, however, he said he understood that donations were being accepted for the funding of this position. Home Rule Legislation B Old Ice Rink Sale B Confirmation of Previous Approval (02-159) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the previous approval by memo for the home rule legislation in connection with the old ice rink. Ayes all. Mayor Kenneth Klotz said it was his understanding that the legislation is on track to be approved shortly by the assembly. He said the Council will receive approximately $750,000 as part of the deal with Niagara Mohawk for the clean up of this site. He said this is a good deal for the City and the City is nearly at the point where we would realize our goal. He said once the assembly approves this legislation, the City can proceed with the closing and receive the $750,000. Page 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Open Space Plan B Approval Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the open space plan as submitted. Mayor Kenneth Klotz said the previous open space plan served as a road map but it was now time to move forward. He said this new plan assesses our progress and points us to the future. Commissioner Stephen Towne said there had been previous conversations on this plan but he just received it tonight. He said he would like to see a presentation by the Open Space Project and he would also like to give the public the opportunity to review the materials. He suggested that the vote be postponed. Alayne Ball-Chinian, Open Space Project, said they do have a power point presentation and they would be glad to present it to the Council. Mayor Kenneth Klotz and Commissioner Thomas McTygue agreed to withdraw their motion. Broadway Parking Lot B Discussion Mayor Kenneth Klotz said he had circulated a letter to the Council from Peter Tulin regarding an offer from one of his clients to purchase the parking lot next to Lillian=s Restaurant. He said this is a valuable piece of property and some thought should be given to this idea. He said if the Council so desired, an RFP could be done for the sale of this parcel. He said it was his belief that a substantial amount of money could be gained by that sale. He said he had been reluctant in considering to sell this parcel because of the loss of parking spaces, but this proposal needed to be given consideration. Mayor Kenneth Klotz said there had been a long-standing proposal from Merlin Development for an easement on this parcel. He said he had asked the Real Estate Committee to review this issue. Commissioner Stephen Towne asked what the Real Estate Committee had been charged with -- to review the proposal in the letter or a thorough review and analysis of this parcel and whether a time period had been established. Mayor Kenneth Klotz said this letter served as a stimulus. He said he did not specify a time frame with the Real Estate Committee. He said this letter raises many significant questions and the Real Estate Committee would make a recommendation such as whether to do an appraisal on the parcel, issue and RFP, etc. Commissioner Stephen Towne asked what would be a reasonable time frame for the Committee. Jeff Wait, City Attorney said a month should be sufficient. Commissioner Stephen Towne thought that perhaps if it was just a review of the letter, two weeks would be sufficient. Commissioner Thomas McTygue said this is a valuable piece of property. He said he was concerned that there was an easement issue on tonight=s agenda. He said perhaps that issue should not be considered until the Real Estate Committee makes a recommendation. He said the Real Estate Committee should also review whether it would be prudent for the City to grant the easement to Merlin Development. He said the City should not be giving up anything for free. Commissioner Thomas Curley said it would not be for free. He said the granting of the proposed easement would broaden the City=s economic base by enhancing the area. He also noted that there would be a reversal clause in the agreement. Commissioner Thomas Curley said he had some concerns with the proposal from Peter Tulin=s client. He asked who was this individual, what were his credentials and was this a bonafide offer. Mayor Kenneth Klotz said this letter simply drew attention to the matter. Commissioner Stephen Towne said he would like to see the charge to the Real Estate Committee clarified. Mayor Kenneth Klotz said he would submit something in writing to the Real Estate Committee on this matter. He said he intended it to be a more comprehensive review. Page 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Peter Tulin said his client graduated from Skidmore College in 1984 and is a successful commercial real estate advisor in Manhattan. He said his client is quite familiar with Saratoga Springs and wants to maintain his connection to the City. He said his client fully recognizes that parking is a significant issue and he is willing to work with the City. He noted that there are 43 spaces and 2 handicapped parking spaces. He said the City should be working with SAD, Chamber of Commerce Downtown Merchants and the general community on the parking issue. He said he was not sure that granting the easement at this time would be appropriate. He said his client should be given the opportunity to work with Merlin Development. Commissioner Thomas Curley asked if there were any conceptual thoughts on what might be constructed in this area. Peter Tulin said there was nothing specific, however, it could be a four or five-story building. Peter Tulin suggested that this proposal be forwarded to the Real Estate Committee for review. Commissioner Michael Lenz said discussing this particular proposal was somewhat premature. He said the City first needs to make a determination on what the parcel should be used for rather than reviewing a specific proposal. Peter Tulin agreed saying that there may be other proposals that come forward. Commissioner Thomas Curley said he was concerned because there was an individual who was ready to move on a proposal for his project and now there was another proposal via a letter. Commissioner Thomas McTygue said if the parcel was sold for a significant amount of money, those funds could be used for parking solutions. He said the sale of this parcel could have a significant impact for the City. He suggested, though, that the Council think about this proposal. He said investors such as Peter Tulin=s client should be encouraged to work with the nearby property owners. He said there is no shortage of investors in this City and others might be interested. Commissioner Thomas McTygue said there has been discussion in the past on constructing a parking level over The Saratogian parking lot. Mayor Kenneth Klotz said he believed it was important to establish what the City could possibly get for the sale of this lot. Peter Tulin said perhaps the easement and the sale of this parcel could both occur. He said the Council should consider fast tracking this issue. Bruce Levinsky, Merlin Development, said he has been trying to come to a successful conclusion for quite some time on this easement issue. He said his proposal includes a clause that the rights would revert to the City at any time. He also noted there would be no cost to the City. He said it might also be possible that the easement could be incorporated into the sale. Bruce Levinsky said he has contributed significantly to the City through time, effort, money, jobs and taxes and he was not requesting a free easement. He said Merlin Development would not be getting something for nothing. He pointed out that when he started this project, the alley was not attractive. He said through his project, the pedestrian traffic through the alley has increased. He said the walkway would allow for passage of pedestrians without the concern of vehicles. He also reminded Council members that Merlin Development has offered a considerable amount of money for this parcel. He then requested that the Council vote in favor of his easement request and he also encouraged the Council to consider reviewing the parking lot matter with consideration of selling the parcel. Commissioner Michael Lenz asked exactly what was the easement being requested. Bruce Levinsky said there was a request for a pedestrian connector as well as access for the upper floors. Commissioner Thomas McTygue questioned the offer by Merlin Development for this parcel. Bruce Levinsky said in a letter dated October 20, 1999, an offer was made by Merlin Development. Commissioner Thomas McTygue said there are no approved plans for this parcel. Bruce Levinsky said his parcel on Putnam Street has approved plans. He said those plans were reviewed and approved by the DRC, however, an approval was not granted for the pedestrian access. He said, however, that his approval had expired so a reapproval was necessary. Page 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Commissioner Thomas McTygue said new Council members had not yet reviewed these plans. Bruce Levinsky said he was willing to meet and work with Council members. Commissioner Thomas Curley pointed out that as part of the original proposal by Merlin Development on another project, $25,000 was deposited in the parking fund as a mitigation fee. Commissioner Michael Lenz clarified that when Merlin Development appeared before the DRC, final approval on the pedestrian connector was not granted because there was no easement. Bruce Levinsky said that was correct. Mayor Kenneth Klotz suggested that this issue had been discussed thoroughly and it was time to move on. New City Charter Mayor Kenneth Klotz noted that the new City Charter is scheduled for implementation on January 1, 2004. He said there are many steps to be taken before that time, including phasing in of some items. He thanked the members of the Charter Commission, Lee Nelson, Margorie VanMeter, Chris Whann and Mark Lawton, for their recent visit with Council members on this matter. Urban Heritage Area Mayor Kenneth Klotz informed Council members that about ten days ago there was an article in the New York Times on Saratoga Springs and the Urban Heritage Area. ACCOUNTS DEPARTMENT Approval of June 4 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the June 4 City Council meeting minutes. Ayes all. Public Assembly Ordinance -- Vote (02-160) Commissioner Stephen Towne said a copy of the ordinance was distributed to all who have applied for tent permits in the last three years. He said a list was compiled of all tent installers listed in the Saratoga Springs, Glens Falls and Albany yellow pages and they were also notified that to erect a tent in the City of Saratoga Springs would now require a yearly license at a cost of $50.00. Commissioner Stephen Town reviewed the proposed changes as follows: Article I: the fee is the only item changed Article II: creation of three levels revised standards for application creation of license for tent installation required for level 2 and level 3 tents conform fire inspection standards to those now required of and by the Fire Dept. institution of fees required by Fire Department Article III: insurance requirements are changed to conform with the practices that have been in effect for many years in the Accounts Department. (Comprehensive general liability Page 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 increased to $500,000; contractual disability increased to $500,000 or Comprehensive general liability at $1,000,000) Commissioner Stephen Towne said as a result of having sent out copies of this ordinance to those in the community involved in the erection and use of tents, the Accounts Department received two comments which had been addressed. Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to approve the Public Assembly Ordinance as presented, with the minor changes. Ayes all. Award of Bid B Sale of Used Vehicles Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for the sale of used vehicles to Stu Maguire Equipment Sales, Grace Quality Used Cars, Mark Gottenberg and Key Motors per their bids. Ayes all. Set Public Hearing B DCJS Taxi Ordinance Commissioner Stephen Towne requested a public hearing be set on mandated revisions to the City=s taxi ordinance for 6:55 p.m. at the July 2 Council meeting. Vote B Recognition Commissioner Stephen Towne said the carousel in Kaydeross Park was constructed in 1902 by Marcus Ilion. He said this carousal is only one of six remaining. He said in September 1987 the City acquired the carousel and over the next decade refurbished the horses. He said due to the determination of Commissioner Thomas McTygue, the carousel will now be placed in Congress Park. Commissioner Stephen Towne moved that the carousel located in Congress Park be named the Thomas G. McTygue pavilion in recognition of his determination to this project. Commissioner Thomas McTygue said he would not accept this designation. He thanked Commissioner Stephen Towne, but noted that his department has taken steps to have the carousel name and depiction copyrighted. He said the carousel will be known at the Congress Park Carousel. Commissioner Stephen Towne said there are times when members of the community and Council need to be recognized for their great efforts and this was one of them. Commissioner Thomas McTygue thanked everyone but again said that he could not accept such an offer. He reminded everyone that the grand opening was scheduled for Saturday, June 29 with a rain date of June 30. He encouraged members of the Council and community to attend. FINANCE DEPARTMENT Approval -- Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payment of the following payrolls: June 7B $366,161.45 and June 14, B $315,874.70. Ayes all. Approval B Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the Page 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 payment of the following warrants: 2JUN02 - Warrant 2-23 General Fund $348,809.82 City Center Authority 8,763.97 Water Fund 9,358.18 Sewer Fund 6,557.26 Capital Project 112,088.13 Special Assessment District 3,619.11 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 23,478.82 $512.675.29 MC020612 - Warrant 2-6 General Fund $ 39,544.93 City Center Authority 340.44 Water Fund 8,923.06 Sewer Fund 476.61 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 19.72 $ 49,304.76 Ayes all. Approval B Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment A). Ayes all. Approval Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. City Center Finance Task Force (02-161) Commissioner Michael Lenz said he originally thought he would give the Council and the public time to review this information. He said he has since talked to Jeff Wait on this matter and Jeff Wait has recommended a course of action which includes a local law. He said Jeff Wait has informed him that the City needs to draft home rule legislation which then needs to be introduced into the NYS Senate and Assembly, be approved by the legislature and the Governor, the City must then approve the home rule legislation, a public hearing must be held and then the local law adopted. Gavin Landry, Executive Director Tourism Bureau, said there are 350 businesses in the Tourism Bureau. He said lodging members are by far the largest members of the bureau. He said there has been support from both the Page 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 major hotels and the smaller hotels. He said there were a few who were concerned about the increase, however, there was significant support for this proposal. He said the Tourism Bureau believes this is a sensible solution for a subsidy for the City Center and for the capitalization/renovation projects. Commissioner Michael Lenz then moved and Commissioner Stephen Towne seconded that the Council move forward with the process and request Jeff Wait to draft the bill language, home rule legislation and local law. Commissioner Thomas McTygue said he was concerned that Commissioner Michael Lenz was requesting something that had not yet been at a public hearing. He said it was also his understanding that the legislature would be closing on June 20, therefore, it was unlikely that this proposal would be heard this year. Mayor Kenneth Klotz said the City is required to hold a public hearing and it would be good for the Council to hear what the community thinks. He said there is a lot of time before the next session. He asked Jeff Wait for clarification of the process. Jeff Wait explained that the text that goes to the legislature would be the same language that goes into the ordinance. He said there is no hurry at this point. He said the City should have the legislation drafted, circulated and hold a public hearing before the legislative session begins again. He said he still needs to do a little research. He said he needed to determine whether the statutory obligation for public hearings on this matter could be satisfied if it was held before it goes to the legislature. He said if it does not meet the legislative needs, perhaps there could be informational public hearings. He said there was no reason to not draft the proposal, hold a public hearing and then send it to the state. He said the legislature could make changes though. Commissioner Michael Lenz asked if this process was similar to the Niagara Mohawk process. Jeff Wait said the City needs to draft home rule legislation, it needs to be approved by the Senate and Assembly, the Governor needs to sign it and then the City=s Ordinance needs to be amended. Mayor Kenneth Klotz said although the Council has heard the concerns of the small hotel owners, he was concerned that the Center Authority had not yet come forward with the scope of what their project might be. He suggested slowing down this process. Commissioner Michael Lenz said the task force has gone through a number of scenarios on this and the proposal submitted was the most logical. He said he has not heard any discussion that the needed funds would be less, but rather just the opposite. He said the best option for expansion, at no cost to the taxpayers, seemed to be to increase the hotel occupancy tax. Mayor Kenneth Klotz asked for clarification on whether this would be a subsidy for the City Center. Commissioner Michael Lenz said a portion of the funds raised, approximately $5.2 million, would be for renovation and the remaining two percent increase would act as a subsidy. Commissioner Michael Lenz said he had no concerns with holding multiple public hearings. He said he really just wanted to move the project along. Joe Dalton, President Chamber of Commerce, said he represents more than 2,700 members. He said the Chamber Board unanimously supports this concept especially knowing that in 2007 there will be a $500,000 deficit in the City Center budget. He said that deficit should not be passed on to tax payers. He said he did have feedback from one member of the Chamber who expressed some concerns on this matter. Joe Dalton said he did not want to see any delays though. He suggested that the documents be drafted and a public hearing be held. Page 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Mayor Kenneth Klotz said he would like to know what the City Center=s plan included. Joe Dalton said they are working on that, however, he was not sure that it would be resolved by the fall. He said those decisions will take a long time to determine and the longer the City waits the more time is lost in collecting this revenue Ayes all. May 31, 2002 Financial Report Deputy Commissioner Christine Gillmett-Brown distributed the May 2002 monthly financial report. She said the average expenditures were at about 42 percent. She said that some were higher and others were lower because of timing. She specially noted that the Accounts Department was above the expected rate of 42 percent because of payment on insurance. Report B Temporary Retirement Incentive Benefit Deputy Commissioner Christine Gillmett-Brown said a letter from New York State had been received on targeted retirement incentives. She said there are two parts to the program. The first would require a local law and public hearing, which needs to be done before September 3. She said under that particular program there needs to be estimated savings calculated. She said the incentive under this program would be 1/12 year credit for each year of retirement service with a maximum three years. She said to be eligible for this program, the employee must be at least 50 with ten years of service or 55 with at least five years of service. She said the benefit to the employees would not be as good under this program. She said there would also be a cost. She said once a list had been received from the state identifying the eligible participants she could perform the calculations. She said at that point, the Council would need to target positions. Deputy Commissioner Christine Gillmett-Brown said the second program is for employees who are at least 55 years of age and have 25 years of service. She said under that program, the employee could retire without penalty. She informed Council members that if an employee is eligible for this program, that employee would be required to participate in this one rather than the first plan. Commissioner Stephen Towne said he understood that the first program would allow for a savings to the City. He ask if that would be true for the second plan. Deputy Commissioner Christine Gillmett-Brown said no. She said she has not yet been able to determine what the savings might be under this program. Downtown Business Association Membership (02-162) Commissioner Michael Lenz said one of his employees, Florence Lis, presented him with an idea for the City to participate in the downtown shopping program. He said this would be a good way to promote the sales tax issue and for people to shop downtown rather than elsewhere. He said if the City was to join the Downtown Business Association at a cost of $195, employees would receive a discount card for shopping in the downtown stores. He said he would discuss this with Kevin Veitch, CSEA Union President, so that employees could be informed. Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to allow the City to join the Downtown Business Association at a cost of $195. Commissioner Michael Lenz said the funds would come from the Finance Department. Ayes all. Commissioner Stephen Towne asked if the $195 was the sole extent of the City=s obligation. Commissioner Michael Lenz said yes. Page 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Commissioner Thomas McTygue suggested that the City find a few thousand dollars to use towards a matching funds program with the Downtown Business Association to promote shopping in the downtown area. County Water Study B Update Supervisor Phil Klein said the preliminary study from Clough Harbor was received at the County late Friday afternoon. He said he talked to Bob Hall, Chair of the Board of Supervisors, on Monday on this matter. He said he did not know the report was available until yesterday. He said the final draft would be distributed by this weekend. He said a meeting has been schedule for June 25 at 3:30 p.m. at the County on this subject. Commissioner Thomas McTygue asked for a copy of the draft. Phil Klein said he had not yet received a final copy. DEPARTMENT OF PUBLIC WORKS Auction Commissioner Thomas McTygue said DPW held an auction over the weekend and raised more than $11,000. Carousel Commissioner Thomas McTygue reported that he had been contacted by Carousel News & Trader magazine. He said they will be doing an article for their July/August issue on the carousel. Donations Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the following donations for the carousal: Stone Industries for a portable toilet valued at $220.00; Elliot and Kathy Masie $825 for hiring of a band and the Zucchini Brothers for the grand opening; Elliot and Kathy Masie $1,500 for printing of a brochure; and Bonacio Construction Company $3,217.50 for materials and labor for fabrication of drive gears. Ayes all. Water Ordinance B Vote (02-163) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the charge of $40.00 for final water readings as presented. Ayes all. Goings & Bonacio & D&E Technologies B Invoices Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the following invoices: Todd Goings in the amount of $3,710 for fabrication of cast iron stirrups and belly plates for the horses and Bonacio Construction Company in the amount of $3,870.62 for materials and fabrication of drive gears and support rods for the carousel (original invoice was for $7,088.12). Ayes all. Cameras Congress Park Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to upgrade the cameras in Congress Park. He said that instead of tape, the City will not go to a computer disc which is much more efficient. He said the cost will be $8,510. He also noted that they propose to install two new cameras in the park at a cost not to exceed $8,500. He said the money is in the Page 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Spit & Spat budget for these items. Ayes all. County Water Study B Discussion Previously discussed. Paving B Announcement Commissioner Thomas McTygue announced the following paving schedule: June 24 mill Jumel Place June 25 mill Madison Avenue June 26 pave Jumel Place June 27 pave Madison Avenue June 28 pave Forest Avenue, Diamond Street & Swanner Lane DEPARTMENT OF PUBLIC SAFETY Vehicle & Traffic Ordinance (02-164) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adopt the Vehicle & Traffic Ordinance in connection with the Spring Street stop signs. Ayes all. Mayor Kenneth Klotz asked how the safety issue of installing new signs would be handled. Commissioner Thomas Curley said there would be warning signs and flags. He said the ultimate goal was to install a traffic signal. Local Law Enforcement Grant (02-165) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the Local Law Enforcement Grant in the amount of $14,205. Ayes all. June Vehicle Enforcement B Status Commissioner Thomas Curley reported that his department has increased its enforcement on junk vehicles. He said they have gone through about 70 vehicles with more than half being removed. He said there are only four or five that may require legal action. Dyer Switch Road B Speed Limit Commissioner Thomas Curley requested that a public hearing be set for July 2 at 6:50 p.m. to discuss the possibility reducing the speed limit on Dyer Switch Road to 30 mph. Merlin Development Easement Commissioner Thomas Curley asked if Bruce Levinsky wanted to make any further comments. Bruce Levinsky said he had spoken to Tony Izzo during this meeting and he now believes that it might be possible that the second document concerning the easement may not have been distributed to Council members. He said he would be willing to meet with Council members individually to discuss this matter. He also noted that in previous correspondence to the Council he made an offer to purchase the parking lot. He said if this easement is granted, no parking spaces will be lost. He said due to the late hour of this proposal by Peter Tulin=s client, he was somewhat skeptical. Page 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 18, 2002 Bruce Levinsky then requested that the Council not vote on this issue this evening. He said he would talk to all Council members over the next two weeks on this matter. Mayor Kenneth Klotz suggested that if there are any concerns from the Council members on this proposal, that Council members talk to Bruce Levinsky sooner rather than later. Commissioner Thomas McTygue asked if Bruce Levinsky would be interested in making a revised offer on the parking lot. Bruce Levinsky said if the City develops an RFP for this parcel, he would consider the possibility of making an offer. Bruce Levinsky said he saw no reason, though, that the easement could not proceed simultaneously with the RFP. Bruce Levinsky said several years ago he made an offer for this parcel in the amount of $400,000. Commissioner Thomas Curley said it was not the responsibility of the Council to talk to Bruce Levinsky. He said if there were questions before the next meeting, Council members should contact Bruce Levinsky. Jeff Wait said he reviewed the issue and discussed it with Tony Izzo. He said he had also spoken to Paul Male, City Engineer, on this matter. He said there needs to be more discussion by City staff before the Council votes on this matter. He suggested that the City Planner also be brought into these discussions. He said he had not yet see the easement description. Commissioner Thomas Curley requested that a list of concerns expressed by City staff be forwarded to Bruce Levinsky, so he can have the opportunity to review them. Commissioner Michael Lenz agreed that the City Attorney=s offices needs to forward their concerns to Bruce Levinsky. Mayor Kenneth Klotz said his office had not been formally asked to work with the City Planner or the City Engineer on this matter. He agreed the legal documents needed some work. Jeff Wait agreed he would work with Bruce Levinsky on this matter. Commissioner Thomas Curley said the Mayor=s Office/City Attorney=s Office should consider themselves formally asked. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:20 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:20 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 13 of 13

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