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City Council

Regular Meeting

Saratoga Springs, NY · August 6, 2002

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 6, 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 OTHERS: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Deborah Harper, Deputy Commissioner, Accounts Bob King, Deputy Commissioner, DPS Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING B HUB PARKING LOT Commissioner Thomas McTygue introduced Mike Ingersoll, The LA Group, who made a presentation on the Hub parking lot. Mike Ingersoll said this parcel is 1.3 acres and 338 feet deep. He distributed a map of the area. He informed Council members that this used to be the old Saratoga Coal Company site and further noted that the railroad site used to cut through it. He said tonight’s proposal is for the construction of a parking deck similar to the one on Putnam Street. Mike Ingersoll said one of the goals of this proposal was to preserve some green space. He said this proposal is still quite conceptual but there has been some discussion on having mixed use at this site. He said the most visible side of this site would be Church Street and Woodlawn Avenue. He said if the building had a wrap/skin it could house retail or office space. He said this is a good opportunity to be creative. Mike Ingersoll said he had assembled a team of individuals who, for minimal cost, could work on developing and RFP for this site. He said the City had learned a lot from the Putnam Street parking deck and informed the Council that the following needs to be completed: archaeological survey, phase one environmental study, a geotechnical report, architectural review/concept, a survey, etc. He said this team would work over the next several months to advance this concept. He said they would also visit interested organizations to get their input and recommendations because it was important to gain community support for this project. Mayor Kenneth Klotz then opened the public hearing. Bob Yule, said he believed there were about 100 existing spots available at this location and asked how many would be lost. Mike Ingersoll said the lower level would have about the same amount. Bob Yule said this is a great City in part because of the vibrant downtown. He noted though that businesses cannot be successful without parking and parking only seemed to be getting worse rather. He said he was also concerned about the City selling the lot next to Lillian=s. He asked if anyone in the City was keeping track of the amount of downtown parking spaces. Geoff Bornemann, City Planner, said from the audience, there has been three downtown parking studies completed over the last ten years. Bruce Levinsky asked if the Real Estate Committee had reviewed this concept. He said if they hadn=t they should. He Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 also questioned whether the City had made a conscious decision to become a downtown developer in lieu of private development. He said he did not believe it was in the City=s best interest to do so and the City should be more interested in increasing the tax base. He said the development of the Putnam Street parking deck with only one deck was short sighted. He said this concept was a significant upgrade from the previous deck. He said that as a neighbor to this lot and he had a great interest in seeing all the elevations. He also questioned whether the City had considered bonding this project and whether the City had considered creating a parking authority. Dave Gareno, said he had some concerns about the retail space and how it would be utilized and managed. Commissioner Thomas McTygue said this was still quite preliminary but there could be a long term lease. He said the City will do an RFP to find out what the interest might be. He said he is not looking for the City to be a landlord but rather he was hoping that an interested developer would come forward. Dave Gareno asked if the parking would be free. Commissioner Thomas McTygue said at present parking is free but it is subject to change. He said he discussed the idea of paid parking with the DBA and SAD but they were not receptive. He said perhaps charging a fee after certain hours should be considered. Mike Ingersoll said through this project it might also be possible to widen Woodlawn Avenue. He said there is no set plan for the retail space and he expected that there would be many changes to the project before the final design was determined. He said the retail/office space could be used for City offices, seasonal concessions, small incubator offices with long term leases or it could be sold outright. He said it was the plan to have a nice skin and greenspace on the building. He said if all the preliminary work is completed it could be bid next year with construction to begin in September 2003. He said there are possibilities for the City to get grants for this project. Mayor Kenneth Klotz asked if there was any reason to believe that there would be archaeological problems. Mike Ingersoll said no. He said there may have been some buildings on this lot, however, the bedrock is quite high so they did not anticipate finding anything. He said a study would be necessary through. Commissioner Stephen Towne said he believed the retail/office area would add to the appearance of the building. He said the lack of retail space on the Putnam Street structure was a good observation, however, there would have been the loss of parking spaces if retail was included. Commissioner Stephen Towne asked if consideration had been given to not utilizing the entire lot for parking. Mike Ingersoll said he will work with John Muse, architect, and there will be many plans before a final concept is selected. He said it would boil down to what the City=s values are. Commissioner Thomas McTygue thanked Mike Ingersoll for the presentation. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. PUBLIC HEARING LOCAL LAW #4 B RETIREMENT INCENTIVE PROGRAM Commissioner Michael Lenz said because Deputy Commissioner Christine Gillmett-Brown was not able to be here this evening to fully explain this program, he would postpone the vote this evening until the next Council meeting on August 20. He then asked Flo Lis, Payroll Coordinator, to explain the program. Flo Lis said the are two incentives and this particular incentive needs to be adopted by local law. She said there is an allowance for one month of additional services up to 36 months, however, there are also some penalties. She explained that the positions must be targeted and a savings must be realized. She said the specific dollar amount did not need to be stated though. She said a questionnaire was sent to eligible employees and there had been a minimal response. She said they did their calculations on the ten individuals who said they would be interested in the incentive. Mayor Kenneth Klotz then opened the public hearing. Bob Yule said if the purpose of this program was to save money he asked if the medical costs had been included in Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 those savings. Commissioner Michael Lenz said yes. Commissioner Michael Lenz said he would go over the specific dollar amount of savings in an executive session. Commissioner Thomas McTygue asked if there would be a savings. Commissioner Michael Lenz said there could be a savings on individual positions but it was not likely there would be a savings as a whole. He said he would also be willing to meet with Commissioner Thomas McTygue to discuss which employees in his department are eligible. There being no one else 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 Tim Mabee, Downtown Special Assessment District Board member, said the SAD was interested in expanding the downtown SAD for the purposes of parking only. He said there are now 80 taxable parcels in the SAD and expanding it could give them 125 for parking solutions program. He said the SAD was proposing that the Council accept their recommendation to expand the SAD and hold a public hearing on this matter. He said this would be a good way for the SAD to get some seed money for this project. He said the estimated budget for this expansion was approximately $30,000. He said this tax would be collected from those who would directly benefit from a parking structure. MAYOR=S OFFICE Downtown Parking Special Assessment District B Discussion Tony Izzo, Assistant City Attorney said this proposal was for an auxiliary SAD. He said if the Council chooses to move forward with this proposal, legislation would be drafted and circulated. He said those affected property owners would then be notified and informational sessions would be held with them. He said this would create a new district which would have its own budget but the same board of directors as the Downtown SAD. He said the funds from this newly created parking SAD would be used for parking related issues only. Commissioner Thomas McTygue said he believed that revenues generated from this district, $30,000, was short sighted. Tim Mabee said the draft language calls for up to $50,000 but they initially estimate to raise about $30,000. He said the cap of $50,000 could be raised at a later date. He said it would not need Council approval to increase that cap but rather a two thirds majority of the Board. Commissioner Thomas McTygue said they should consider raising more than $30,000. Tim Mabee pointed out that the Downtown SAD contributed to the Putnam Street parking deck. Mayor Kenneth Klotz clarified that there would be public outreach sessions with affected property owners. Tim Mabee said yes. It was agreed that a public hearing would be held on September 3 at 6:45 p.m. Urban Heritage Program B Donation Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the following donations: Broadway Banner $120 for brochure; Target $1200 for Spa City Band Concerts and Ben & Jerry=s $250 for cultural festival to be held in August. Ayes all. Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 Quit Claim Deed B 186 Ballston Avenue (02-191) Jeff Wait said a few years ago the City foreclosed on 186 Ballston Avenue and the parcel was then included in the tax auction. He said the parcel also went through bankruptcy proceedings. He said because of the illness of the property owner, the Council chose not to sell it in the tax auction. He said the back taxes have now been paid and there has been a request to sign a deed and transfer the parcel back to the property owner. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for the Mayor to sign the quit claim deed for 186 Ballston Avenue. Ayes all. NYRA Contract B Approve (02-192) Mayor Kenneth Klotz said there has been an agreement with NYRA for the lease of NYRA property for the youth parking program. He said the parking program is already underway for the season. He said last year the contract was for $1 but NYRA had requested an increase to $2. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the agreement with NYRA for youth parking in the amount of $2. Commissioner Stephen Towne asked if Jeff Wait had reviewed this contact. Jeff Wait said yes. He said it had been, however, there were no substantive changes. He said the changes were minor in that there were now prohibitions on erecting any structures, putting up signs, etc. He said this is a better document than before because the issues had been clearly decided. Ayes all. Executive Session Mayor Kenneth Klotz requested an executive session to discuss litigation matters (Bristol vs. Planning Board). Council members agreed. Canfield Casino East Wall Drainage System Improvements Paul Male said this is a change order in the amount of 1,800 for work at the Casino. He said this original contract was to do drainage improvements so the basement of the Casino would remain dry. He said the basement of the Casino has been dry since this work was done. He said the change order was for unforeseen work on the east wall that was not identifiable until it was exposed. Paul Male said the original estimate for this work was $3,600. Paul Male said he believed the funds were available in the Casino budget. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the change order in the amount of $1,800 for the Casino project contingent upon clarification that the funds are available in the Casino budget. Mayor Kenneth Klotz said he would talk to Commissioner Michael Lenz on where the money was coming from. Ayes all. Proclamation B International Women=s Writers Guild (02-193) Mayor Kenneth Klotz said he would draft a proclamation for the Women= Writers Guild who will be attending seminars at Skidmore College in over the next few weeks. He said this program has been as Skidmore for more than 25 years. ACCOUNTS DEPARTMENT Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 Approval July 16 City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the July 16 City Council meeting minutes. Ayes all. Approval July 22 City Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the July 22 City council meeting minutes. Ayes all. Award of Bid B Decorative Asphalt Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Decorative Asphalt to Hayes Paving, Malta, for various prices (low bidder.) Ayes all. Acting Commissioner B Vote (02-194) Jeff Wait, City Attorney, said this was related to a certiorari matter. He said he did not believe that a vote of the Council was required on this matter. He explained that there is a conflict of interest on the J. Thomas Roohan certiorari matter and as Commissioner it is his role is to oversee any litigation, make determinations on whether cases go to trial, etc. He said he had discussed this matter with Commissioner Stephen Towne and there was agreement that there was a conflict. He said it was his recommendation that the Council fulfill the duties on this particular case using the advice of counsel. He said outside expertise, Gary Hobbs, had been hired to handle this matter and Jeff Wait=s role would be as the conduit. Jeff Wait said he would then ensure that the Mayor places any items of discussion in connection with this case on the Mayor=s agenda. He said if outside Counsel recommends settling the case, the Council would then vote to make that determination. Mayor Kenneth Klotz asked since a vote was not necessary to have the Council act in Commissioner Stephen Towne=s absence on this matter, what was necessary. Commissioner Stephen Towne said he would prefer to see the Council vote on this matter. Commissioner Thomas McTygue asked what would happen if there was a tie vote in making a determination in this particular certiorari matter. Mayor Kenneth Klotz said a majority vote is required and if there was a tie, a majority would be lacking therefore it would be considered no action. Jeff Wait agreed. Commissioner Stephen Towne then recused himself while the Council voted on this matter. Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded that due to the recusal of Commissioner Stephen Towne in the J. Thomas Roohan certiorari matter, the Council will accept the responsibility and role to oversee the litigation, using Jeff Wait as a conduit between the Council and outside Counsel. Ayes all. Commissioner Stephen Town returned. Select Energy -- Vote (02-195) Commissioner Stephen Towne said recently a letter had been received from Select Energy to extend the contract for 21 months. He said Jeff Wait, City Attorney, had reviewed the matter since that time. He explained that Niagara Mohawk is the delivery vehicle while Select Energy is the supplier. He said this program had been brought to the City by Salerni & Boyd who are consultants for the Chamber on this project. He said there was an estimated savings to the City of approximately $14,500. He explained there had been a slight increase in energy costs since we began this Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 program, however, energy costs have risen as a whole. He said the guaranteed cost to the City is lower than what we would be paying if we had stayed with Niagara Mohawk. Commissioner Stephen Towne said energy cost is the City=s second largest item in our budget with an annual cost of approximately $1.3 million. He said the City had a couple of options which include: extend the contract for an abbreviated time (the savings could not then be guaranteed); look for another supplier or return to Niagara Mohawk albeit at a high rate. He said he had met with Gordon Boyd and Gene Salerni and thanked them for their efforts. Commissioner Stephen Towne then recommended the following: B Approve the contract for the two years with a savings guarantee and which has been estimated to be $14,500 and a higher rate of savings than in the previous contract. B Utilize Salerni & Boyd to provide periodic spot checking of bills to ensure that the savings we are expecting are actually occurring. B Completion of the set up by Salerni & Boyd for the City to have on line monitoring of our electric accounts by individual departments B this should be completed by the end of August. B We accept Salerni & Boyd=s offer to meet with DPW representatives to review issues and offer analysis and suggestions on larger accounts within that department. B The Accounts Department will contact NYSERDA to explore cost effective, or free, services to analyze needs and provide equipment, software or other related improvements that will assist in cutting energy consumption. B The Accounts Department will contact Cost Control Associates of Queensbury to discuss bill auditing and recovery of overpayments for utilities. All fees are contingent based. This is a firm that is recommended highly by Salerni & Boyd. B The Accounts Department will contact Mark Baker at the City Center to review energy consumption procedures used by them to see if we could adopt some of the procedural or behavioral changes that could assist in managing consumption and affect a cost savings. Commissioner Stephen Towne then moved and Mayor Kenneth Klotz seconded that the contract with Select Energy be extended for 21 months with an estimated savings of $14,500. Ayes all. Assessment Plan B Announcement Commissioner Stephen Towne announced that he had recently received correspondence from NYCOM which noted that like so many other communities there had been a reduction in the equalization rate. He said it is not unusual that rates decrease. He said once the final roll had been adopted, his office will begin working with NYS Office of Real Property Services on utilizing a revaluation company. He said he will begin the process of meeting with vendors and drafting an RFP. He said he hoped to return to the Council by the end of the year with an RFP and for the work to begin in the spring of 2003. He said the work should be done for the tentative assessment for June 2004. He said simultaneously he would be working with the school district on becoming a certified school district which would mean that all of the towns/city would be taxed on a comparable rate. He said it was his understanding that the Town of Wilton will parallel this schedule. Mayor Kenneth Klotz said the lower equalization rate is due to the fact that assessment rates have not kept up with property values. Commissioner Stephen Towne said that was correct. He said it was the natural process and it was not unusual for property values to continue to climb. He said he is simply recognizing at this point that a plan needs to be developed with ORPS and the school district. Sister City Visit B Comments Commissioner Stephen Towne said although he had not been part of the initial process of this visit, he did participate in a number of events. He said he wanted to acknowledge there was much work and organization for planning the week and complimented the organization committee headed by Laura Chodas. He also recognized the Mayor for doing a fine job of representing the City. Commissioner Stephen Towne said it was quite amazing and puzzling at Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 how invaluable the interpreters were at translating 20 lettered Russian names into items such as Ivan, Slava. However, other names were translated or Russianized into many fewer letters, i.e., Lou Schneider was Russianized to ASly@, which presumably is not an unusual Russian name as opposed to a behavioral trait. He said he was unfamiliar with the types of toasts that typify festive Russian occasions such asASip@ or AKnock it Back@ and further noted that he would have been glad to make a toast to our friends from Chekhov if, after a couple of previous toasts, he could have gotten out of his chair. Commissioner Stephen Towne said all in all it was a nice series of events during the week and everyone seemed to enjoy themselves thoroughly. He again complimented all those involved in organizing and hosting this event. Senior Citizens Center Request B Inform Commissioner Stephen Towne said he has had several conversations with the Senior Citizens= representatives in connection with the City=s assistance in supporting a long range funding commitment. He said they were looking for something that is similar to the Arts Council. He said he planned to work with them on this matter and report back to the Council with recommendations. Mayor Kenneth Klotz said it was his intention to address these questions during the budget process. He said Deputy Mayor Hank Kuczynski was working on implementing a more systematic process for the Senior Citizens Center to get aid from the City. FINANCE Payroll B Approve Commissioner Mike Lenz moved and commissioner Thomas Curley seconded to adopt the following payrolls: July 19, 2002 B $353,642.85; July 26, 2002 B $352,062.74; and August 2, 2002 $352,916.82. Ayes all. Warrants B Approve Commissioner Mike Lenz moved and Commissioner Thomas McTygue seconded to approve the following warrants: 1AUG02 - Warrant 2-49 General Fund $658,777.14 City Center Authority 13,052.54 Water Fund 54,452.46 Sewer Fund 11,516.71 Capital Project 424,000.66 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 7,019.89 $1,168,819.40 MC020724 - Warrant 2-5 General Fund $ 15,720.38 City Center Authority 9,635.96 Water Fund 1,243.21 Sewer Fund 1,243.21 Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 Capital Project 24,800.00 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 7,421.52 $ 60,064.28 MC020731 - Warrant 2-6 General Fund $ 19,939.24 City Center Authority -0- Water Fund 12,267.74 Sewer Fund 1,432.85 Capital Project 28,932.00 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service 6,446.60 Community Development 8,000.00 $ 77,018.43 Ayes all. Approval B Budget Transfers Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment A). Ayes all. Approval Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment B). Ayes all. December 31, 2001 Audited Financial Statements Commissioner Mike Lenz said Deputy commissioner Christine Gillmett-Brown had planned to make a presentation this evening, however, due to family circumstances could not be here. He said at a future meeting she would make a presentation. He informed Council members that there were not major findings in this report. Commissioner Stephen Towne asked if the timing of this report was typical. Commissioner Mike Lenz said typically the City has it a little earlier, however, there was an issue with obtaining documents from some of the City=s labor attorneys which held up the process. Commissioner Stephen Towne asked there had been a finding or concern that the there may have been some risk or exposure due to a liability issue. Commissioner Michael Lenz said that was not indicated. Real Estate Committee B Report B Broadway Parking Lot Commissioner Michael Lenz said at the June 18 meeting Jeff Wait stated that it would be about a month before the Real Estate Committee would return to the Council with recommendations on the Lillian=s parking lot. He said those recommendations did come forth at the July 2 meeting and one of the recommendations was to move forward with the RFP. He said if the Council is to move ahead with the RFP, it would need Council action. He suggested the Council wait until after the public forum to be held on August 14 at the library before making any decisions on parking lot. Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 Jeff Wait said in some sense the Real Estate Committee=s role in this process has ceased because they had fulfilled the request of the Council by making recommendations. He said their recommendations included moving ahead with the Merlin request and at the same time moving forward with the RFP. He said the City already has a model RFP from the sale of the mini mall. Commissioner Michael Lenz said he was involved with that sale and that process went rather smoothly. Mayor Kenneth Klotz said it was his intention to meet with the affected property owners and report back to the Council at the August 20 meeting. He said a Council decision would be made after that time. Commissioner Thomas McTygue said he had some concerns with the easement issues with Bruce Levinsky. Commissioner Thomas Curley said he had met with Bruce Levinsky and he did not believe there were any maintenance issues to be concerned about. Commissioner Thomas McTygue said if there is a large snowfall, there would be a problem in moving snow around that lot. He said he was also concerned about directing pedestrians into traffic in the parking lot. Commissioner Michael Lenz said he believed there were two issues, what to do with the parcel and the easement issues. He said both issues need to be addressed but should be done after the public form. He said he would be willing to work on the RFP if the Council chooses to move in that direction. He said there needs to be a structure for the process established. He suggested that the Real Estate Committee and the City Planner be involved in the RFP process. Mayor Kenneth Klotz agreed. Executive Session Commissioner Michael Lenz requested an executive session to discuss personnel matters. Local Law #4 B Vote Commissioner Michael Lenz said that he would withdraw this vote this evening. DEPARTMENT OF PUBLIC WORKS Springer Waste Contract at Transfer Station B Vote Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the extension of the contract with Springer Waste Management at the Transfer Station for five years at the same rate. Commissioner Stephen Towne asked if Jeff Wait had reviewed the contract. Jeff Wait said yes and minor changes had been made. Ayes all. Donations Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the acceptance of the following donations: Volkmer print/posters, $3,681.07 Don Adams two horses at carousel (recognition) $10,000 Michele Erceg $525 for lifetime passes for carousel Commissioner Stephen Towne asked how many horses had not yet been adopted. Commissioner Thomas McTygue Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 said 19 or 20 have been adopted which leaves 8 or 9 still available. Commissioner Stephen Towne asked how much was in the carousel maintenance fund at this time. Commissioner Thomas McTygue said he was not sure, but there was still additional work going on at the carousel. He said a security system was yet to be installed. He said he estimated there was about $30,000 in the carousel fund at this time. He also noted that the City made $750 from the memorabilia sales. Ayes all. Water Ordinance B Set public hearing Commissioner Thomas McTygue requested a public hearing be set for the water connection fee ordinance for August 20 at 6:50 p.m. He said the amendment to this ordinance was to eliminate boring under roadways and to increase the affordable housing from $120,000 to $130,000. Lifetime Passes for the Carousel B Saratoga Trophy Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve payment of $690 to Saratoga Trophy for engraved metal life time passes. He said these would remain the property of the City. Ayes all. Water Leak Detection B Discussion and Vote (02-196) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the contract with Water Leak Detection Services in the amount of $15,000 for leak detections services. He said 150 miles of pipe would be surveyed. Ayes all. Hub Parking Lot B Discussion and Vote (02-197) William McTygue, Director of Utilities, said based on the recent discussions and the public hearing this evening, it was his recommendation that the Council move ahead with the development of this project. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to retain the services of the following individuals/companies: Greenhouse Consultants $1,800 for stage 1a architectural study C.A. Smith, $1,600 for phase 1 environmental review of the site Paul Tommell Surveyors, $5,500 for a survey and map to get through the design phase Dente Engineering, $2,660 for subsurface investigation to determine rock elevation John Muse $2,500 for first phase of architectural services The LA Group $4,000 to prepare SEQR long form and assist with site design and preparation. He said the total cost was $18,060. It was agreed that a determination would be made later and report back to the Council on what fund the money would come from. The motion was also contingent upon the Purchasing Department reviewing the vendors for compliance with the Purchasing Guidelines. Ayes all. Mayor Kenneth Klotz said there is a need for parking and this would be a piece of the solution. He said the Council should support this proposal and at the same time look for funding possibilities. Commissioner Michael Lenz said the Council has learned from the last parking deck. He said an overall cost needs to be determined. He also noted that J. Michael O=Connell is working on the Empire Development funding application. He said the City has the seed money to develop this project with more than $200,000 available at this time. He said the City needs to create a financial package which could include some state funding and he would be happy to work with DPW on this matter. He said if the City shows it has some of the funding and the plans ready it would show that Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 the City is serious about constructing another parking deck. Commissioner Stephen Towne noted that the services of J. Michael O=Connell for the preparation of the application for the Empire Development Funding had been donated by him at a cost of about $2,500. William McTygue agreed noting that cost had initially been included in his proposal but had since been removed. Commissioner Stephen Towne said J. Michael O=Connell has some good contacts and a good strategy for applying and the City was fortunate to have him working on this. Commissioner Stephen Towne asked if that the services and vendors had been reviewed by the Purchasing Department and are compliant with the purchasing guidelines. William McTygue said he would share this information with the Purchasing Department. Ayes all. Temporary Parking B Discussion and Vote (02-198) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign an agreement with the Adirondack Trust Company to lease the vacant parcel next to the former Hub to be used for temporary parking. He said there would be no cost to the City, however, the City would be required to furnish liability insurance. Commissioner Thomas McTygue said the City would clear the lot. He said he estimated that we could get between 30 and 35 parking spaces. Ayes all. DEPARTMENT OF PUBLIC SAFETY Lake Avenue Fire House Window Restoration Addendum Commissioner Thomas Curley said last October $8,950 was approved by the Council for labor and materials for windows and doors at the Lake Avenue Fire House. He said when the glass was removed, there needed to be some work on the window panes. Therefore, he was requesting and addition$1,125 to cover that cost. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the payment of $1,125 to Old Saratoga Restoration for window pane replacement at the Lake Avenue Fire House. Ayes all. Arts Council Update Commissioner Thomas Curley said unfortunately there was no Arts Council Board meeting this month but he had spoken to Dee Sarno and she will bring the issues to the September Board meeting. He said he is still working with Commissioner Thomas McTygue on his concerns. He said that it appeared that the roof on the building will need replacement soon and there had been some concern expressed by Commissioner Thomas McTygue on their capital fund. Mayor Kenneth Klotz asked if they were looking for a ten year contract or an extension. Commissioner Thomas Curley said an extension would be likely. Broadway Motor Vehicle Enforcement Operation Commissioner Thomas Curley said the Police Department put together an operation for a couple of hours recently and wrote 20 tickets for vehicles going through red lights. He said they plan to do more of this type enforcement. He said while writing these tickets they also do a registration check, check for outstanding warrants, etc. He said Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 that over the last several weeks there have been some concerns expressed about pedestrian traffic. Commissioner Michael Lenz said there has been some Aj@ walkers hit while crossing Broadway. Commissioner Thomas Curley said it was time to send a message to cross in the cross walks and for the drivers to slow down. Commissioner Thomas McTygue suggested that some thought be given to placing police officers in the intersections. He said perhaps an officer could slow down the traffic. Commissioner Thomas Curley noted that they are in the process of installing new traffic signals at several intersections. He said in the majority of incidents with pedestrians it turns out to be the pedestrian=s fault. Commissioner Thomas McTygue suggested that a sign be placed at Phila and Broadway directing pedestrians to cross at the crosswalk. Commissioner Thomas Curley said they are working on this issue. He said they have been distributing a flyer informing people to cross in the crosswalks. City Supervisors Seating B Discussion and Vote (02-199) Commissioner Thomas Curley said he had recently received a letter from Phil Klein and Anthony Scirocco requesting that seating near the Council table be provided for them. Both Mayor Kenneth Klotz and Commissioner Thomas McTygue said they never received the letter. Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to make arrangements for seating for the County Supervisors near the council table. Commissioner Stephen Towne said he believed this was a reasonable request and it was not inappropriate that they be seated up-front and facing the audience. Ayes all. Executive Session Commissioner Thomas Curley requested an executive session for the discussion of contacts. Council members agreed. Recap Vandalism Meeting Commissioner Thomas Curley gave a brief overview of the recent Council meeting on vandalism. He said there were some good suggestions made by the audience. He said he was glad to see that the Chamber was willing to work with the bar owners and further noted that both DPW and DPS should be involved in those meetings. Mayor Kenneth Klotz said there were many good suggestions at the meeting and he was intrigued with the neighborhood watch recommendation. He said the willingness of the bar owners to assist in some ways was a good show of support for the City. He said the City wants to be attractive to the visitors, however, we don=t want a lot of drinking and violence. Commissioner Thomas Curley said the bar owners were cognizant of the role they play and they know that their liquor license plays an important part. He said many times the bar can be held liable. He said fortunately for the City, the majority of the bars are located in a central location. Commissioner Thomas Curley said it was his plan to establish mechanism for the neighborhood watch program. He said he would also talk to Dee Sarno, Arts Council. Commissioner Michael Lenz said he was glad to see the Chamber=s willingness to facilitate in the discussions with the Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 bar owners. He said the police officers do a good job, but they cannot be everywhere. He said he was glad to see the restaurant and bar owners step up and offer assistance. Commissioner Thomas McTygue said the character of the downtown will change over the next several years because of the residents who want to live in the downtown area. He said the noise factor will play a great role in the upcoming years. Commissioner Thomas Curley said he had contacted the cab companies and they are also willing to keep their eyes open. He said it was not his plan to install surveillance cameras around town. He said the reward fund, funded through Assemblymen Jim Tedisco and Roy McDonald and many local business owners, was another good device to curtail violence. He said a central location for those funds would need to be established. Commissioner Thomas Curley said it was a productive evening and he believed that a message was sent to anyone who might consider vandalizing property in this City. Teresa Stevens, from the audience, said it was her understanding that the recent violence had been done by teenagers. She asked if there was an ordinance stating curfew hours. Commissioner Thomas Curley said yes. Commissioner Thomas Curley also noted that he had received a memo from Commissioner Stephen Towne commending the Police Department for their work in solving these cases. EXECUTIVE SESSION Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn to executive session at 9:05 p.m. Ayes all. Council members returned at 9:30 p.m. Bristol vs. City/Planning Board (02-200) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to contract with City Attorney Jeff Wait to defend the City in the Bristol vs. City/Planning Board litigation at the rate of$90/hour not to exceed $5,000. Ayes all. Police Lieutenant=s Contract (02-201) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded that based on the recommendations of the labor attorney, the Council accept the contract proposal for the Police Lieutenant=s Association. The contract expires on December 31, 2003. Ayes all. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to adjourn the meeting at 9:30 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 6, 2002 Approved: Page 14 of 14

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