City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 2, 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 Anthony Scirocco, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Christine Gillmett-Brown, Deputy Commissioner, Finance Bob King, Deputy Commissioner, DPS Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARINGS Speed Limit B Dyer Switch Road Commissioner Thomas Curley informed Council members that due to the increase in development in this area of the City, his traffic department believed that a reduction in speed in this area was appropriate. He proposed to set the speed at 30 mph. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Local Law #3 B 2002 B Taxi Ordinance Tony Izzo, Assistant City Attorney explained that this is a minor amendment to Local Law #1 Taxi Ordinance. He said the Division of Criminal Justice Services requires specific text on the review of a criminal history search. He said only the Chief or his/her designee may review the search. 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. MAYOR=S OFFICE Brownie Troop 317 B Letters from Chekhov Brownie Troop #317 read letters to the Council that they had received from children in Chekhov. Mayor Kenneth Klotz reminded Council members that a delegation from Chekhov would be visiting the City later this month. Recreation Department B Copeland Paving/Skate Park Page 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the agreement with Copeland Paving to pave the skate park in the amount of $1,900. Linda Terricola said the funds would come from the DPW Recreation line. Ayes all. Recreation Department B Approval of Track Parking Increases (02-166) Linda Terricola said she was proposing to increase the track parking fees as follows: daily from $6 to $8; Travers/Whitney/Alabama Days from $10-$15 and Give Away Days from $8 to $10. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to increase the track parking fees as presented. Mayor Kenneth Klotz noted that these fees were substantially lower than neighboring lots. Commissioner Stephen Towne asked how many parking spots did the City have. Linda Terricola said about 100. Commissioner Stephen Towne asked if there was any approval required from NYRA. Linda Terricola said the City has a contract with NYRA, but they have no purview over the amount of the fee charged. Mayor Kenneth Klotz reminded Council members that up until last year, the City rented this space for about $10,000/season. He said a deal was worked out with NYRA and the rental was cut from $10,000 to $1. He said he would call Terry Moecks, NYRA representative and tell him that the City was raising the fees. Ayes all. Recreation Department B Approval of contract YMCA for Rental of Gym Space Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with the YMCA for rental of gym space at the rate of $10/hour for cheerleading and volleyball clinics. Ayes all. Recreation Department B 2001 Annual Report Mayor Kenneth Klotz distributed the 2001 Annual Recreation Department Report. Zoning Amendment -- Driscoll Road (02-167) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to accept the zoning amendment petition for Driscoll Road and forward it to the Planning Board for review and recommendation. John Betor, applicant, explained that about one third of this lot is currently zoned tourist related with the rest being zoned as low density residential. He said the rezoning of this one third would have minimal impact. He also noted that it would be consistent with the City=s Comprehensive Plan. Ayes all. The Excelsior Park contract amendment (02-168) Page 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Mayor Kenneth Klotz said in January the City Council approved a contract with the New York Planning Federation to provide services to the Planning Board to assist with the environmental reviews for the Excelsior Park project at 264 Excelsior Avenue. He said the project applicant is paying for the cost of this consultant. He said the initial upset figure on the contract was $15,000 and there is a need now to increase it by an additional $10,000. He said it was his understanding that the project is moving along according to the timetable established by the SEQR requirements and a final decision on the application for a special use permit should be made by late September. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Mayor be authorized to sign a contract amendment with the New York Planning Federation for an additional $10,000 on the condition that the project sponsor deposit an additional $10,000 in the escrow account for this project. Ayes all. Planning Board Secretary (02-169) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to adopt the following resolution: WHEREAS, the Mayor of Saratoga Springs has appointed Nicole P. Lienhard to the position of ASecretary to the Planning Board@ an exempt civil service position, effective July 22, 2002: NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The annual salary for the Secretary to the Planning Board shall be $32,760, effective July 22, 2002, for the calendar year 2002. 2. The standard workweek for the Secretary to the Planning Board shall total 40 hours per week (including evening meetings). 3. The Secretary to the Planning Board shall be entitled to all of the non-salary benefits granted to the employees of the City Hall CSEA bargaining unit including, but not limited to: vacation time, sick leave; holidays; personal; bereavement leave; life, health and disability insurance; vision plan, and NYS retirement system. 4. This contractual agreement shall be reviewed and resubmitted for approval by the Mayor of Saratoga Springs at the beginning of each year. Ayes all. Urban Heritage Area Program B Donations Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the acceptance of the following donations: $750 from the Adirondack Trust Bank and $250 from Price Chopper for the Spa City Band Concerts. Ayes all. Urban Heritage Area Program B Approval for Payment of Band Concerts Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for the approval to spend $13,850 for the total cost for the Spa City Band concerts. He said the donations should cover most of the amount, however, between $1,200 and $2,500 would come from the Urban Heritage Area Program budget. He said they have about $12,000 in donations so far for this program. Ayes all. Open Space Plan (02-170) Alayne Ball Chinian thanked the Council for the opportunity to present the updated Open Space Plan. She said the cost for this update was approximately $60,000 funded by the Open Space Institute, Open Space Project and the NYS Council for Arts. She then presented a power point presentation on the proposed plan. Page 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Alayne Ball Chinian said this plan was meant to not only address future development but to also celebrate the City=s successes. She said the goal of the 1994 plan was to enhance and safeguard the quality of life in Saratoga Springs. She pointed out some of the successes included the Spring Run Trail, Bog Meadow Trail and trails at the new golf course. She said this plan addresses the entire City and not just the outer district. Alayne Ball Chinian said the purpose of this update was to allow for more comprehensive information for potential development. She said this update is more comprehensive and more sophisticated than the previous plan and this plan will give both the City Council and the Planning Board the tools to better assist in development throughout the City. She also noted that when applying for grants, in most cases, comprehensive plans that are more than five years old are not recognized. Therefore, with an updated plan, the funding potential widens. She said this plan addresses environmental issues, quality of life, economic benefits, fiscal issues, population, water issues, etc. Alayne Ball Chinian pointed out that major successes of the community include prestigious awards such as the Great American Place and the American Main Street awards. She said if this plan is adopted by the Council it will be submitted for a national planning award. Alayne Ball then displayed a map of the proposed plan. She said areas such agricultural, environmentally sensitive, recreation, gateways, waterfront trial connection, rural/scenic roads and vistas all had been addressed. She said this map would be a good tool for developers, the Council and residents of the community. Alayne Ball Chinian said that the Council has partnered with Open Space on acquisitions such as the Ramsdill parcel and they have worked with private developers such as the golf course on open space issues. She pointed out that through the open space plan, they have been able to leverage more than $1 million for recreational trail projects throughout the City. She said they are optimistic that with an updated open space plan there may be more funding that becomes available. Mayor Kenneth Klotz pointed out that this same presentation had been made to the public at the library. Alayne Ball Chinian said it was also made to the City=s Planning Board. Commissioner Stephen Towne said the public should be given the opportunity to review the six pages of recommendations. Alayne Ball Chinian said she had been working on this update since 1998. She said there have been many gatherings of the public including a large one in the Music Hall. She said that particular gathering in the Music Hall generated most of the comments that got them to this point. She said other meetings were held at the library with much publicity. She said there were about 50 attendees at the most recently library meeting with very little comment. Mayor Kenneth Klotz said adopting the plan did not commit the City to follow up on each recommendation. He said no specific action could be taken on a recommendation without formal Council approval. Commissioner Stephen Towne said he wanted to be certain that residents of this community had the opportunity to hear the presentation and voice their concerns and/or approval. Alayne Ball Chinian said she believed, with a good deal of certainty, that the public had sufficient opportunity to review the document. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the Open Space Plan as presented. Commissioner Thomas Curley asked what would the financial impact be by adopting this plan. Alayne Ball Chinian said none. She pointed out that in the 1994 plan the Spring Run Trail was identified, but it did not obligate the City to fund that recommendation. She noted, though, that grants were obtained and the Spring Run Trail did materialize. She said this is not a legally binding document. Mayor Kenneth Klotz said it was Page 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 merely a general vision for the City. Commissioner Michael Lenz said one of his concerns with the plan was the conservation development districts as noted in the comprehensive plan. He said he was not sure that conceptually conservation development districts was the right course of action. He said he was somewhat concerned that by approving this document it would give a stamp of approval to the conservation development districts. Alayne Ball Chinian said the conservation development district design is a tool. She noted that the Council could choose to like or dislike any of the recommendations in the report. Ayes all. Design Review Commission Consultant B Vote (02-171) Mayor Kenneth Klotz informed the Council that because of the increased workload with the various boards in the City, the City staff has recommended that a consultant be hired to assist with the Design Review Commission support. He said an individual had been identified with the appropriate background, training and skills and it has been recommended that this individual be hired at $20/hour. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the hiring of a consultant (Christopher Eastman) at the rate of $20/hour with a maximum of $4,800 this year. He said the money was within his budget. Commissioner Thomas Curley asked how much work this individual would do. Mayor Kenneth Klotz noted that the DRC has now gone to two meetings per month. Commissioner Stephen Towne clarified that this is not a new position in City Hall, but rather just a temporary position. Mayor Kenneth Klotz said it was temporary, however, he would address this issue in his 2003 budget. Commissioner Stephen Towne said he appreciated that the Mayor was able to find these funds in his budget. He asked, though, if level of expertise was able to be gotten through volunteers. Mayor Kenneth Klotz said that because of the increased workload, members of the boards are already asked to do a lot without compensation. Ayes all. Real Estate Committee Report Mayor Kenneth Klotz reported that he had previously distributed a memorandum with the recommendations of the Real Estate Committee in connection with the Lillian=s parking lot. He summarized the recommendations as follows: a) no recommendation on an appraisal at this time; b) prepare an RFP; c) review legal issues on the easement with Merlin Development; and d) work on the easement issues with Merlin Development. Commissioner Stephen Towne asked for a timetable on preparation of an RFP. Mayor Kenneth Klotz said there was no timetable at this time, however, he would be willing to direct his staff to prepare an RFP. He said he did not believe it would take long and he would return to the Council with a timetable. Executive Session Mayor Kenneth Klotz requested an executive session to discuss personnel matters. Council members agreed. Vote B Empire Zone B Saratoga Independent School (02-172) Mayor Kenneth Klotz said he had received a request from the Saratoga Independent School to be included in the Empire Zone. Page 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Mike Roohan and Mark Small, representing the Saratoga Independent School, said the school has been looking at land for some time so that they could expand. He said they have looked at more than 60 parcels in the last six months. He said that the Anderson family has generously offered them approximately 59 acres on Route 29. He noted that there is about 600 feet of road frontage, however, approximately 60 percent of this land is wetlands. He said approximately 10 percent of the land would be used for the school. He said they still need to raise about $600,000 to construct and maintain the school. He said if this parcel is allowed to become part of the Empire Zone, it opened other kinds of funding through utility access, utility rate reductions, loans, grants, community development zone credit, lower interest rates, etc. Ken Green, President of SEDC, said the Empire Zones allow for uses such as nonprofit which in turn allows those non profit uses to have access to other types of funds. He said the state legislature has changed the rules of the Empire Zone program and they are now allowing for amendments to the program. He said there are two opportunities this year to request amendments with the first deadline being July 12. He said the second round would be in late August or early September. He said the school would be an appropriate use under this program. Mayor Kenneth Klotz noted that there is a limited amount of acreage and asked if the entire parcel should be included or just the foot print of the building. Ken Green said a number of issues needed to be addressed with the first being a letter of support from the Council to SEDC. He said on application will then be reviewed and sent to the Zone Amendment Board, then on to New York State. He said once the state approves the allocation it would then come back to the Council for formal adoption. He said he did not believe the Council needed to specify the details at this time, but rather that could be done when formal adoption takes place. Commissioner Stephen Towne asked if there was more value to getting into the first round of the process. Ken Green said applying in round one did not preclude the City from applying in round two, however, he noted there would likely be more applicants in round two. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to support the Saratoga Independent School=s application to be included in the Empire Zone. Ayes all. Spring Run Consent Order B Vote Jeff Wait said this issue has been going on for several years. He said he believed that at this time, there is agreement between the City and the State. He said the State has agreed to incorporate some of the proposed changes requested by the City to allow for a more extended time for the remediation program. He explained that part of the remediation program would require the City to do a study of the infrastructure system. He said that the City would also be required to review any infrastructure that would have an impact on Spring Run and to correct those problems. Jeff Wait said they do not believe there are any problems though. He said there always exists the possibility of old pipes which may break and/or need replacements. Jeff Wait said it was his recommendation that the City accept this agreement. Commissioner Michael Lenz asked where would the funding come from. Commissioner Thomas McTygue said it would come from the landfill closure account. He said he believed there was about $192,000 in that account. Commissioner Michael Lenz said at last glance it was at $147,000. He asked if those funds would be sufficient. Commissioner Thomas McTygue said it would get the City through the first phase. He said perhaps the rest would come from the capital budget. Commissioner Thomas McTygue said it was with great reluctance that he would support this agreement. He said it would have cost the City more than $60,000 in legal fees to fight this issue and rather than spending the money on attorneys, he believed it would be better spent on the City=s infrastructure. He said he was confident though that the City would have won. He pointed out that the City has spent more than $20 million over the last 25 years to correct problems such as these through the Village Brook, Grand Avenue, Washington Street, East Page 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Avenue, etc. He pointed out that it was the County Sewer District that had the spill in the stream. Mayor Kenneth Klotz agreed this has been frustrating, however, he said it was time to move on. Commissioner Thomas McTygue said a consultant has been hired to do further testing of the infrastructure in this area. Jeff Wait said as part of the agreement, approximately $25,000 would need to be spent on an environmental clean up day. Easement Request B 174 Grand Avenue (02-173) Assistant City Attorney Tony Izzo said the applicant is requesting an easement for six feet. He said he had spoken to Engineering Department and the Department of Public Works and there were no issues. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the easement for 174 Grand Avenue as presented. Ayes all. ACCOUNTS DEPARTMENT Approve June 18, City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to approve the June 18, City Council meeting minutes. Ayes all. Award of Bid B Rubber Tired Dual Wheeled Excavator Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Rubber Tired Dual Wheeled Excavator to the only bidder Southworth Milton in the amount of $178,058.81. This includes a $7,500 trade-in and interest payment as we are paying this in three installments over three years. Ayes all. Commissioner of Deeds Commissioner Stephen Towne appointed Louise Kilbara of The Saratogian newspaper as a Commissioner of Deeds with a term of two years. Local Law #3 -- 2002 -- Taxi Ordinance -- Vote (02-174) Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to adopt the taxi ordinance as presented. Ayes all. Acting Assessor Tony Izzo said he had done some initial research on the acting assessor in certioriari matters. He said he specifically focused on the elected officials section. He informed the Council that he had spoken to both the Attorney General=s Office and the New York State Office of Real Property on this matter and apparently it is without precedent. He said it seemed there was agreement that recusal was preferable in such matters. Tony Izzo said it seemed that there is no issue with an elected official transferring powers to another department as was the case with the building department duties. He said, though, that with an assessor it becomes more complicated should there be a lawsuit. He said it appears that the elected assessor may appoint an acting Page 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 assessor when the need arises, however, there is only a three month window allowed for that appointment. He said, given that information, he would recommend that the day to day management of matters such as these be transferred to another department. He said when the time comes, it appears that the Council could designate an acting assessor for any case where there could be a conflict. Mayor Kenneth Klotz clarified that the acting assessor could act in just the one particular case and not all cases. Tony Izzo agreed. Mayor Kenneth Klotz asked if the appointment could be renewable. Tony Izzo said that would be difficult. Commissioner Stephen Towne said he would return to the Council with a resolution at a future time. Appraisal Contracts -- Approval (02-175) Commissioner Stephen Towne presented for approval contracts with Bauer Appraisal and Alvey & Cote, Ltd. for proposed work they would do in specific certiorari cases. He said he was in the process of building a team of professionals to specialize in areas where certain expertise is necessary. He said both of these companies have extensive experience in their respective areas and come with good reputations. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the contracts with these companies for their services in specific certioriari cases. He noted that the contracts would be contingent upon the city Attorney=s review. Mayor Kenneth Klotz said he would like the opportunity to review each case before the contracts are acted on. Ayes all. NYSEG/Select Energy B Discussion Commissioner Stephen Towne said it had been brought to his attention that the City had entered in contract in 2001 with NYSEG & Select Energy for utilities. He said recently the City received a letter stating that the contract was about to expire and it was time to renew. He said upon the City Attorney=s review, it was determined that the City had until the end of August to do so. He then asked Gene Solarni and Gordon Boyd to give a brief update on the program. Gene Solarni said he appeared before the Council last year for a program by which they reviewed the City=s street lighting program. He said the City received a $300,000 refund from Nimo on that program. He said they now represent the Chamber as a consultant in this purchase of utilities program. He said they currently work with more than 150 companies who purchase electricity and gas through this program. He said in January 2002, the City opted to participate in this program. He said the City=s electricity is through NYSEG and gas is through Select Energy. He said in February/March the City was a full participant in this program. Gene Solarni informed Council members that costs have risen significantly since opting into this program. He said it appears that there has been a 15 percent increase. He noted though that utility costs have risen as a whole. Gene Solarni explained that Nimo is still the delivery company and the City pays a delivery fee regardless whether NYSEG or Nimo is the supplier. He said they have reviewed some of the City=s bills and it appears that the City=s usage is up from last year. He said they are now looking for billing errors. He noted that the water plant has an increase of about 20 percent in their budget from last year to this year, while the usage went up about 10 percent. He said there was a significant rate increase for commercial customers for electricity. Gene Solarni said the City is currently receiving a discount through the NYSEG program. He said they project that the City will save about $17,000 more through NYSEG this year than if we were with Nimo. Gene Solarni Page 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 said they have negotiated a two year extension with NYSEG that will offer a great savings to the customer. Commissioner Stephen Towne said a presentation was made to the Council that there would be a $20,000 savings in gas and $7,500 savings in electrical costs. Commissioner Thomas McTygue said although it has taken a few months, his staff has come to better understand the billing process. Gene Solarni said there could also be some simple solutions to lowering the City=s utility costs such as using machinery at different times. Commissioner Stephen Towne said the City expected to save money on utilities this year, however, it now appears that the costs are about 15 percent higher. Mayor Kenneth Klotz said he did not want to see the City walk away from a company that could save us money. Commissioner Stephen Towne offered to have Mayor Kenneth Klotz=s staff review the contract and billing. Commissioner Thomas McTygue said there was a meeting this morning with his staff and Solarni & Boyd to review the expenditures. Commissioner Stephen Towne said this is preliminary information only. Empire Zone B Vote (02-176) Commissioner Stephen Towne said he had distributed material on the Empire Zone Boundary Amendment. He said that it was necessary for the Council to endorse this proposal if they support the proposal. Ken Green, President SEDC, said the procedure would be similar to what was previously done for the Saratoga Independent School. Council members then reviewed the proposed list of parcels to be included. Ken Green said the Council would need to send a letter to the Zone Administration Board asking that these parcels be considered. He said the Zone Administration Board would then make a recommendation to the State. The State would make a recommendation and return it to the City and the City would then adopt the final changes. He said it was his understanding that there is support at the County level for this proposal. Commissioner Stephen Towne reminded Council members that July 12 is the deadline for submission for the first round. Ken Green said there would be a second round, however, that round would be more competitive. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adopt the proposed list as presented, including the parcels on Beekman Street, for inclusion in the Empire Zone Boundary Amendment process. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to amend the motion to include the City owned parcels known as the Lillian=s parking lot (between Professors Moriarity=s and Lillians) and the City owned parking lot next to the Algonquin building. Commissioner Thomas McTygue asked if the Spring Street parcel could be included. He also asked if the lot was included could it be leased on a long term basis. Ken Green said he believed it could be leased. He reminded Council members, though, that there is a limit as to how many acres are available for the boundary amendment. Commissioner Michael Lenz asked if a parcel did not make it in the first round, could it be reintroduced in the second round. Ken Green said yes. He also noted the Zone Administration Committee had the option of adopting the entire package or parts of the package. Ayes all on amendment to the motion. Page 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to amend the motion to include the Spring Street Parking lot. Ayes all. Ayes all on the original motion (which includes the amendments). Commissioner Stephen Towne then moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the letter of support as previously distributed to participate in the Empire Boundary Amendment program. Ayes all. Recognition Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that a plaque be erected at the Carousel pavilion in recognition of the efforts made by Commissioner Thomas McTygue in making the Carousel come to life again. Ayes all. FINANCE OFFICE Approval -- Payrolls Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the payment of the following payrolls: June 21B $319,952.67 and June 28, B $324,151.52. Ayes all. Approval B Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payment of the following warrants: 12JUL02 - Warrant 2-34 General Fund $316,586.86 City Center Authority 19,615.55 Water Fund 46,359.57 Sewer Fund 2,607.46 Capital Project 71,733.05 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 12,287.21 $469,389.70 MC020626 - Warrant 2-8 General Fund $1,371,204.20 City Center Authority 8,557.72 Water Fund 13,011.18 Sewer Fund 594,175.27 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 8,000.00 Page 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 $1,994,948.37 Mayor Kenneth Klotz asked why the warrant was so large. Deputy Commissioner Christine Gillmett-Brown said it was due to the quarterly payment to the County. 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. Approve and Authorize Mayor to Sign Proposal between City and Fiscal Advisors & Marketing, Inc. (02-177) Deputy Commissioner Christine Gillmett- Brown said the last time the City bonded was in 2000. She said since that time, there have been 17 projects that have been approved by the Council that need to be bonded in the amount of $2,648,000. She said in order to bond this amount, fiscal advisors and bond counsel are necessary. She explained that the financial advisor prepares the bond statement which goes out to potential buyers. She said it is a rather large document which requires a certain area of expertise. Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the proposal as submitted for Fiscal Advisors & Marketing, Inc. in the amount of $4,500. Commissioner Michael Lenz said they have worked with this fiscal advisor before. Ayes all. Approve proposal from Walsh & Walsh, LLP (02-178) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to hire Walsh & Walsh attorneys as the bond counsel in the amount $3,000 for general obligations and up to $4,000 if Environmental Facilities Corporation financing is used. Ayes all. July 4th Donations Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to accept the following donations for the July 4th celebration: Allerdice $250; Ben & Jerry=s $100; Boyce & Drake $50; Dehn=s Flowers $50; Holiday Inn $500; John T. Roohan Realtor $100; PJ=s Bar-b-q $100; Saratoga National Bank & Trust Company $100; Sneering Monahan Provost Redgrave Title Agency $100; Stewart=s Shops $250; Sutton & Tarantino Insurance Agency $10; Adirondack Trust Company $1,500; The LA Group $100; Topper Pontiac-Buick-GMC $50; and Wise Insurance Brokers $100. Ayes all. DEPARTMENT OF PUBLIC WORKS Carousel -- Discussion Page 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Commissioner Thomas McTygue said he wanted to take this opportunity to thank everyone for their support in opening the carousel. He said it was a very successful event. He said over the weekend there were 5,600 riders. He said that thanks to the many donations, there will be free rides until July 4th and maybe longer. He proposed that the City work with the Shakespeare in the Park program and donations made to ride the carousel over the next several days to go to that Shakespeare in the Park program. Commissioner Thomas McTygue said they are still working on the hours of operation, but it appears that for the time being it will be Tuesday through Thursday, 2:00 p.m. to 8:00 p.m., Friday 2:00 p.m. to 9:00 p.m. and Saturday and Sunday 12:00 p.m. to 9:00 p.m. Commissioner Thomas McTygue thanked Commissioner Thomas Curley for having the stop signs erected. He said that they appeared to be working. Donations Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the following donations in connection with the carousel: Allerdice doors and hardware $8,595; Elliot & Kathy Masie $1,825 (will bring back amount for brochure painting); Jerry Ellsworth $200 worth of tickets; Mary Lou Whitney $20,000 worth of tickets; Frank Parillo, $1,000 and Stanley Paper $67 for brass cleaner. He also thanked Stewarts and Glens Sanders for the cookies, lemonade and ice cream. He said the City=s commission on the sale of balloons was $187. Ayes all. Paving Schedule Commissioner Thomas McTygue announced the following streets would be milled and paved: Van Dorn Street, Lawrence Street and Clinton Street July 8 through 12. 2002 Saratoga Shakespeare Agreement (02-179) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the agreement with the Shakespeare in the Park organization allowing them to use the park and to sell shirts and posters. He said there was no funding required by the City for this program. Ayes all. Council members noted that they had not received a copy of that agreement. DEPARTMENT OF PUBLIC SAFETY Speed Limit B Dyer Switch Road (02-180) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the reduction in speed limit along Dyer Switch Road from 40 mph to 30 mph. Ayes all. Arts Council B Update Commissioner Thomas Curley said he had been working with the Arts Council on their concerns. He said there was still one outstanding issue of the maintenance agreement and he was working with Commissioner Thomas McTygue on that mater. He said once issue had been resolved, he would bring this back to the Council. Page 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Police & Fire Recognition Day Commissioner Thomas Curley reported that there would be Police and Fire Recognition Day tomorrow in the Council room at 10:00 a.m. He encouraged Council members to attend. Executive Session Commissioner Thomas Curley requested an executive session to discuss contracts. Merlin Development Easements/Discussion and Vote Commissioner Thomas Curley said there was a request before the Council from Merlin Development in connection with the Lillian=s parking lot. He said one of the easements was for a pedestrian connector and the second was to allow pedestrian access to the parking lot. Mayor Kenneth Klotz said before the Council votes on this matter, he would like written documentation with all of the details. He said the Real Estate Committee has recommended that the Council explore all of the opportunities before committing to one. He said it was his understanding that the real estate committee also thought that the nearby property owners should be given the opportunity to express their concerns. He noted that a letter had already been received from Ray Morris, Lillians. Mayor Kenneth Klotz said the Council needs them to sort through some of the problems, i.e., fire access, etc. Commissioner Thomas Curley said if an RFP was drawn up, the nearby property owners would have ample opportunity to give their input. Mayor Kenneth Klotz also reminded Council members that there was some concern by the Real Estate Committee on the City Engineer=s issues. He said one of their concerns was whether the documents would be written so that the easement would revert to the City, should the City so desire. He said another concern was who would be responsible for maintenance, off site improvements, etc. Commissioner Thomas Curley informed Council members that he had met with Paul Male, City Engineer and Debbie LaBreche, Assistant City Engineer to discuss these issues. Paul Male said one of the basic issues was how pedestrians would move through the parking lot to Broadway. He said the sidewalks are only about 3 1/2 feet wide. He asked whether the council wanted pedestrians directed to walk through the parking lot. He said if not, then perhaps the parking lot needed to be reconfigured with the possible loss of spaces. He said there was also a power pole which would need to be moved, storm sewer issues and other minor issues. Jeff Wait said he had spent quite sometime on this matter. He said Tony Izzo did the initial work and he will now expand on that work. He said if there are any off site improvements, they need to be addressed in the agreement with Merlin Development. He said he has spent a considerable amount of time over the last few weeks on this matter but he did not believe that there was not any reason to continue to work with Merlin. Mayor Kenneth Klotz asked if there was a specific location identified for the easement. Jeff Wait said at this time it is not point specific. He said the question of the impact on the parking area needed to be addressed as well as improvements to the parking lot. He said there are both legal and engineering issues that need to be reviewed before this easement is granted. Commissioner Michael Lenz said it would be helpful if Paul Male and Bruce Levinsky could work out the details so that Jeff Wait can craft the appropriate language. He suggested that be done for the next meeting. Jeff Wait said if there is some agreement, the documents could be ready for the next meeting. Page 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Commissioner Thomas Curley said it appears that there is room for a five foot wide sidewalk without the loss of parking spaces on the Lillian=s side. He said that would eliminate the concern of directing pedestrians through the lot itself. He further noted that Merlin Development has offered $7,500 to the City, while the City is working on this issue. He said Merlin Development will still need to go to the Design Review Commission, the pole needs to be moved, storm sewer issues need to be addressed, etc., but he did not believe that the issues were not resolvable. Commissioner Thomas Curley said he was willing to work with Jeff Wait and Bruce Levinsky to assist in drafting the document. Commissioner Thomas McTygue said he was not sure there was a general consensus that the City Attorney should be spending this kind of time on this matter. He said Mayor Kenneth Klotz had agreed to work on an RFP and he wanted to know how that would affect Merlin=s proposal for an easement. He said he did not want to mislead Bruce Levinsky into believing that he may get this easement, when if fact, it may not happen. Commissioner Thomas Curley said there would be a reversal built into the agreement. Commissioner Thomas McTygue said he was concerned with the amount of time and effort that was being expended by City staff on this matter. He said we are tying up City staff on this issue when there were many more pressing issues to deal with. Mayor Kenneth Klotz said that was a point well taken, however, it was beneficial to the City to have them working on this matter. Jeff Wait said his role was important to the City when crafting the easement. He said it was his role to protect the City=s interests. Peter Tulin said although he represented the individual interested in purchasing this parcel, he agreed with Jeff Wait that his first obligation was to the City. He said Jeff Wait should be working on this issue to look out for the City=s best interest. Commissioner Thomas McTygue said he still did not remember hearing the Council direct City staff to spend this kind of time on this matter. Commissioner Thomas Curley said the easement would be reversible. Commissioner Thomas McTygue said he did not disagree with that, however, it was frustrating to his department when there were so many other pressing projects that City staff was devoting so much time on this matter. EXECUTIVE SESSION Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 10:05 p.m. Ayes all. Council members returned at 10:40 p.m. Health Insurance Co-pay (02-181) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded that the Council accept the recommendation of the Labor Counsel to reimburse City employees $5 for the increase in co- pay from $5 to $10. It was noted that a employees would need to submit a bill to the City for that reimbursement. Ayes: three; Nays: two (Commissioners Stephen Towne & Michael Lenz). ADJOURNMENT Page 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 2, 2002 Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to adjourn the meeting at 10:45 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:45 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 15 of 15