City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 20, 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 PUBLIC HEARING Amendment to Water Rates Commissioner Thomas McTygue said this was a public hearing to modify the rates for affordable housing and water connection fees. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. PRIVILEGE OF THE FLOOR Bruce Levinsky B Merlin Development Bruce Levinsky said he was here this evening to offer his observations on Lillian=s parking lot. He said almost ten years ago, his project, Diamond Brady Plaza was begun. He said there was not much excitement in the Agut@ area until the library began construction. He said as part of his project he agreed to bury all of the utility lines, install new transformers and contribute $25,000 as a mitigation fee for parking. He said over the years, that agreement was refined and land swaps were included as well as easements. He said now it appears that the parking lot has become a valuable piece of land and it apparently now affects the easements. Bruce Levinsky said the new agreement includes an additional $7,500 for parking mitigation, a sidewalk through the parking lot for pedestrian safety, restriping and a reversion clause in that if the parking lot is sold, the easement would be given up. He also noted that through this easement there would be no loss of parking. He said it was his understanding the engineering and legal issues had all been resolved. Bruce Levinsky said at the public forum held at the library the Downtown Business Association, Special Assessment District and the general public all agreed they would like to see the parking remain. He said even The Saratogian supported his request. Bruce Levinsky said that this easement should be granted. Kevin Veitch, CSEA Union President Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Kevin Veitch said he was here this evening to discuss the upgrades/salary study. He said in 1994, a survey was undertaken by the Council through a contracted firm to review positions in City Hall for equity in salary and duties. That study was adopted by the Council in January 1995 with many of the recommendations being implemented. However, since that time, there have been numerous changes in duties for positions in City Hall with a number of individual upgrades. Because of the individual review of positions and appropriate upgrades for additional responsibilities, there is now an increasing disparity in salaries and duties for employees in City Hall. He said the City Hall bargaining unit has supported and encouraged the Council to undertake a review of all positions in City Hall. He said regardless of whether the Council does a salary study, these positions should be upgraded. He said on December 18, 2001, the Council voted unanimously to commit to a systematic review of the positions within the next calendar year. However, on June 4, 2002, the Council then denied funding for his review. He said he saluted the Council for their financial prudence, however, noted that there are firms available to do this study who are willing to wait up to 18 months to be paid. Kevin Veitch said while CSEA does support individual upgrades, they prefer to see a review of the positions as a whole. Kevin Veitch said at this time the City Hall bargaining unit would again at this time like to encourage the Council to fund a systematic review of all position in City Hall before the end of the year and further restore the pride, honor and dignity of its employees. MAYOR=S OFFICE Certificates of Public Service Mayor Kenneth Klotz presented certificates from NYCOM recognizing several employees in City Hall for their years of service. Those employees include: Anthony Fisher, George Turner, Keith DeGrechie, Greg Benton, Timothy Cogan, John Gailor, Dwight Gill, Thomas McTygue, David Carpenter, Frank Ladue, Michael Lyng, Al Maderassy, Craig Morris, Craig Morris, Gary Simzer, Vince Arpey, James Brophy, David Carpenter, Paul Suttle, Doris Dyer, Warren Wilde, John Arpei, Russ Terpening. Report and Discussion B City Parking Lot Mayor Kenneth Klotz said that several months ago the Real Estate Committee was directed to look at the Lillian=s parking lot and to make recommendations to the Council. He said the Real Estate Committee recommended three items: a) the Council preserve the current parking at a minimum and ideally look at expanding/enhancing parking; b) the Mayor meet with nearby property owners to discuss the development and/or parking and what their needs are; and to hold a public forum, all of which have been done. Mayor Kenneth Klotz said the predominate view at the public forum was to maintain the parking spaces. He said at this time he wanted to reassure the public that the Council will proceed cautiously. He said there had been some concern expressed that there were too many residents out of town or too busy to attend a meeting, therefore, he said there would be no movement on this issue until September. He said the Council is still open to hearing opinions from residents. He then said he had a request from the Downtown Business Association that employees not park in the lots along Broadway. Donation B Saratoga Springs AE@mergency Mail List (02-202) Elliot Masie said he was proposing to donate to the City an emergency e-mail system which would consist of equipment, training, software, staffing, etc. He said this e-mail alert system would alert those residents who registered of various emergency situations. He said he envisioned those occasions to be for true emergencies such as the Amber Law (kidnapped child); directives such as water emergencies (stop watering flowers); critical weather and a 9/11 homeland security situation. He said it should not be used for political issues or minor announcements. Elliot Masie said it would take about three days to create this system, through the City=s WEB page. He said the individuals would then register for this service, a confirmation would be sent to that individual and once the individual responds to that confirmation, they would be on the e-mail list. He said there should be individuals in each Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 department in City Hall trained on how to use this system. He also encouraged the Council to ensure that this was used for emergency purposes only. He said this list of e-mail addresses would not be for public consumption. Elliot Masie estimated the value of this donation to be between $20,000 and $30,000 over the three year period. Elliot Masie said he hoped to work with The Saratogian, Time Warner, and local Internet service providers to alert them to this program. Mayor Kenneth Klotz said this was a generous offer and he would like to move forward in designating an individual from each department. Commissioner Stephen Towne agreed this was a generous offer and suggested that perhaps Commissioner Thomas Curley be the point person on the Council. It was agreed a committee would be established with DPS chairing the committee. Elliot Masie suggested Kevin Kling be a part of this committee. Commissioner Michael Lenz agreed. Mayor Kenneth Klotz thanked Elliot Masie for this generous offer. Economic Development Revolving Loan Fund Proposal (02-203) Brad Birge, Community Development Director said the City has a revolving loan program with seed money coming from HUD. He said this loan fund has been used to assist businesses with low interest loans. He said the line item currently has about $120,000. He said his office works with SEDC on identifying potential applicants. He said at this time there is an business owner Dave & Christine Harmon, Stadium Cafe, requesting a $50,000 loan for ten years at an interest rate of 6 percent. He said through the loan, five positions will be immediately created with the expectation that up to 40 could be created. Rich Ferguson said the Harmons recently renovated the old LaLa=s building and there were some overages in that budget. He said they budgeted $1,000,000 while using $250,000 of their own funds. He said these individuals have more than 20 years experience in retail and they bring a lot of experience to this operation. Brian Hanrahan, SEDC, said SEDC works closely with the Community Development Office to identify potential applicants. He said they believe this is an appropriate application and encouraged the Council to support this request. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the application for the revolving loan fund for $50,000 to Dave and Christine Harmon. Mayor Kenneth Klotz said he believed this was a good use of this fund. Commissioner Stephen Towne asked if the initial funding came from HUD. Brad Birge said yes. Commissioner Stephen Towne asked if HUD screening of the application was required. Brad Birge said the application was reviewed with the HUD representative from Buffalo. Commissioner Stephen Towne asked how much was in the fund. Brad Birge said it is a fluid number but currently it is at about $120,000. He said the fund would be decreased by $50,000 but the payments would be made to replenish the fund. Brian Hanrahan informed Council members that this has been a very successful program with a good success rate. He said to date, all loans have been repaid. Ayes all. Recreation Department B Approval of Increased Basketball and Lacrosse Sponsorship Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the increase in sponsorship for basketball and Lacrosse from $200 to $250. Ayes all Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Recreation Department B School Linda Terricola said the following contracts were quite routine and there were no changes from last year. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the school district contract at a rate of $25/hour. Ayes all. Recreation Department B Ballston Area Community Center Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with the Ballston Area Community Center in the amount of $30/hour. Ayes all. Recreation Department B Pro shop at Weibel Ice Rink Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the contract with the Pro Shop at Weibel Avenue Ice Rink in the amount of $400/month. Commissioner Stephen Towne asked if the City Attorney had reviewed this contract. Linda Terricola said yes. Ayes all. Recreation Department Youth Hockey Concession State Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the contract with the Youth Hockey Concession Stand for $600/month. Commissioner Stephen Towne asked if this contract had been reviewed by the City Attorney. Linda Terricola said yes. Ayes all. Recreation Department B Rental of Wilton Gym for Biddy Basketball Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with Wilton for the use of the gym at $35/hour. Ayes all. ACCOUNTS DEPARTMENT Approval of City Council Meeting Minutes B August 6, 2002 Commissioner Stephen Towne said on August 8 he forwarded a memo to Council members noting that at the August 6 Council meeting when making the motion for the Acting Assessor, the name of the certiorari matter the council would oversee was not mentioned. He said the name of that certiorari matter is Roohan Realty. He said since he received no reply to that memo on making that insertion, it was included in the minutes. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the August 6 City Council meeting minutes. Ayes all. Approval of City Council Meeting Minutes B August 1, 2002 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the August 1, 2002, vandalism meeting minutes with one minor correction. Ayes all. Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Approval of City Council Meeting Minutes B August 14, 2002 Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to approve the August 14, parking lot meeting minutes. Ayes all. Award of RFP B Fire Sprinkler Inspections and Service Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the RFP for Automatic Fire Sprinkler Inspections and Services of Clifton Park for various prices. They were the low quote. Ayes all. Amend Award of Bid B Sale of Used Police Vehicles Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to rescind the previous award of bid to Mark Gottenberg for a 1994 Ford vehicle and award it to Stu Maguire for $759.00 (next highest bidder). Mark Gottenberg declined to complete the purchase. Ayes all. Confirm Previous Approval by Memo B Adoption of Final Assessment Roll (02-204) Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to confirm the previous approval by memo to adopt the 2002 final assessment roll. Commissioner Stephen Towne said the total assessed value was at $2,277,990,610 and the total taxable value was $1,494,668,669. He said the total assessed value increase was $41,877,323 and the total taxable increase was $41,472,8534 which represents a 2.9 percent increase over last year. Ayes all. Resolution B Empire State Development Opportunity Project (02-205) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the resolution for the Empire State Development Corporation/Empire Opportunity Fund Project Program as previously presented. He said this was in connection with the proposed parking lot on Church Street. Commissioner Stephen Towne said he had contacted former Mayor J. Michael O=Connell and thanked him for his assistance in completing this application. He said he was also assured by J. Michael O=Connell that because the Council had not yet affirmed this resolution before the submission it would not be a problem. Ayes all. Executive Session B Certiorari Matters Commissioner Stephen Towne requested an executive session to discuss certiorari matters. FINANCE DEPARTMENT Approval of Payrolls Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the payment Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 of the following payrolls: August 9, 2002 -- $371,012.54 and August 16, 2002 -- $361,343.58. Approval of Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 2AUG-2 - Warrant 2-36 General Fund $179,755.92 City Center Authority 3,548.60 Water Fund 20,526.71 Sewer Fund 1,622.19 Capital Project 11,644.74 Special Assessment District 350.00 West Avenue SAD -0- Trust Fund 1,972.50 Debt Service -0- Community Development 10,007.77 $229,428.43 MC081202 - Warrant 2 General Fund $ 250.00 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 250.00 $ 250.00 MC020814 - Warrant 2-7 General Fund $ 34,264.73 City Center Authority 909.57 Water Fund 10,483.62 Sewer Fund 1,086.06 Capital Project 19,500.00 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0 $ 66,243.98 Ayes all. Approval -- Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget transfers as presented (Attachment A). Ayes all. Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Approval -- Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. Monthly Financial Report B July 31, 2002 Commissioner Michael Lenz said the monthly financial statement for July 31, 2002, had been distributed. He said expenditures should be at about 58.3 percent and we are at about 52.5 percent. Report B Sales Tax Commissioner Michael Lenz distributed information on sales tax collection for calendar year 2002. He said a comparison had been done between last year and this year. He said in July 2001 we were at 39.2 million and in July of this year we are at about 44.1 million in collections. He said the next three columns were the important figures. He said in June 2002 the City began collecting its own tax. He explained that in June 2001 we received $1.5 million and in July 2001 we received $1.1 million from the County. He explained that due to the tax formula with the County the City is front end loaded by getting 20 percent of the first 20 million during the months of June, July and August. He said in the months prior to June 2001 the City received monthly payments ranging from $258,000 to $575,000. He said normally the summer months are higher. Commissioner Michael Lenz explained that in June 2002 we received $252,552 and in July we received $623,845 from the state which is a significant decrease from last year. He said those numbers are based on the monthly collections. He said we are now at a 30 percent decrease in sales tax revenue over the same period as last year. Commissioner Michael Lenz said the City will be faced with a severe cash flow problem which the Council will need to address over the next several months. He said we will likely either need to borrow funds or use the surplus. Commissioner Michael Lenz said during the budget process last year he had placed a smaller number than the adopted $8.1 as sales tax revenue. However, it was the Mayor=s proposed budget which was adopted with the $8.1 million number. He said he believed that the City may get $7.1 million this year. He said there is the argument to be made that the City will catch up in 2003, however, it is unlikely we will reach $8.1 million this year. He said this is a serious matter and it will need to be addressed during budget negotiations. Commissioner Michael Lenz said he would return to the next Council meeting with recommendations on handled. Commissioner Michael Lenz said it was likely that some Abelt tightening@ would need to occur as well as realistic budget projections for 2003. He said this is not good news. He said it was fiscally irresponsible of the Mayor to have budgeted $8.1 as revenue under sales tax. He said he believed this was a crisis situation. Mayor Kenneth said this was not a crisis. Executive Session B Personnel Matters Commissioner Michael Lenz requested and executive session to discuss personnel matters. Local Law #4 of 2002 Commissioner Michael Lenz said this issue may be voted on after the executives session. DEPARTMENT OF PUBLIC WORKS Water Restrictions B Discussion Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Commissioner Thomas McTygue said the community should be commended for adhering to the water restrictions. He said at this point the City has not asked any businesses to curtail their operations. He said the simple turning off of automatic sprinklers has decreased the flow of water from nearly 7 mgpd to down as low as 4 mgpd. He also noted that the reservoir has come up : inch in the last two days. He reminded everyone that there was no relief in site so it could be necessary to continue with the restrictions for a little while. He said we will make it through the summer though. Upgrades B Approve (02-206) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve moving Art Carnevale from Grade 14 step 2 to Grade 14 step 6 effective Monday, August 26. He said that Art Carnevale had taken on additional responsibilities since the retirement of Beau Kilmer and this increase was in recognition of those additional responsibilities. Commissioner Stephen Towne asked what was the financial impact. Commissioner Thomas McTygue said the increase was from $42,153 to $46,145. Commissioner Stephen Towne said it was his impression that there seemed to be support from the Council to do a salary study, but because of funding it was determined this would be addressed during the budget negotiations. He said this same thing happened last year when the Department of Public Safety attempted to upgrade some employees and those were held in abeyance for quite some time. He said it was his impression that rather than approving individual upgrades, the Council would wait for the study. Commissioner Thomas McTygue agreed but said that because there has been no movement on the salary study issue, he did not believe that it was fair to wait to increase the salary of these positions. He reminded everyone that both DPS and the Mayor=s Office have recently given upgrades and there was no reason he should have to deny his employees. Commissioner Stephen Towne said he understood this had no financial impact on his department, but he was concerned that if these upgrades were approved, others would follow. He said the Council needs to take a stand one way or the other on this issue. He said he did not want to see a stampede of upgrades over the next few months. Mayor Kenneth Klotz said he had a different understanding. He said he believed the Council would support the survey, but he also believed that there were times when individual employee positions needed to be reviewed. He said he has supported department heads running their own departments. Commissioner Thomas Curley said that we started talking about the salary survey in December 2001 and it came up again in June 2002. He said at some point this study needs to be done. He said he believed that Kevin Veitch, CSEA Union President, summarized the events of this clearly earlier this evening. He said he had to wait an entire year in his department to get some upgrades. Commissioner Thomas McTygue said these are his employees and his budget. He said he has the money and is not requesting it from contingency or surplus. He also pointed out that this is an increase in steps only and not grade. Commissioner Michael Lenz said it was his understanding that the Council made a commitment to review this issue during the 2003 budget discussions. He said there is the possibility that the payment could be delayed. He said at this time there are no fund to cover this expense. He suggested that some firm commitments on the cost be brought back to the table and the Council could then make the determination on whether to fund it. He said he also has positions in his department that should be upgraded and it was difficult for him to support others while not bringing Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 those forward. He said he would prefer to wait on these upgrades until there is a comprehensive study. Mayor Kenneth Klotz reminded everyone that the new charter calls for a Human Resources Director which he has begun working on. Commissioner Michael Lenz said that perhaps that person could be utilized in his process. Commissioner Stephen Towne said he understood the frustration, but he did not want to approve individual upgrades at this time. He suggested that if the study could be done relatively soon with payment being made next year, he would support it. He suggested that Deputy Mayor Hank Kuczynski go back to the firms, negotiate the best price and elongated payment plan and return to the Council. Commissioner Thomas McTygue said he has the funds in his budget to cover this expense and this employee deserved this increase. He also noted that the union supported this increase. He said he has held off on these upgrades and no longer wants to wait. He said there was no reason that both this increase in salary and the salary study could be done together. He again said it was not a change in grade but rather just a change in step. Commissioner Thomas Curley suggested we wait one more Council meeting to see what Deputy Mayor Hank Kucyznski could come back with. Commissioner Thomas McTygue said he was not asking the Council for any money. He reminded everyone that the recent DPS contract was approved by the Council when their was not enough budgeted in the DPS budget to cover that increase. He said he is tired of delaying these issues. Commissioner Michael Lenz said he would not support this increase in salary. He said he would also not support a salary survey without the funding being identified. Ayes: Mayor Kenneth Klotz and Commissioner Thomas McTygue; Nays: Commissioners Thomas Curley, Michael Lenz and Stephen Towne. Motion denied. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to create two pay lines as an addendum to the DPW contract for $20.41 for Foreman pesticide and $21.91 for foreman #2. Commissioner Michael Lenz asked if these were new positions. Commissioner Thomas McTygue said one of his foremen holds a license for pesticide service and he is proposing a 50 cent per hour increase in that salary. He said if this individual does not get the increase, it may be necessary for him to contract with a firm to do this work. He said the City will either pay now or pay later. He also noted that he had union approval. He said this was just a change in the hourly rate of pay. Commissioner Stephen Towne asked if these were permanent employees. Commissioner Thomas McTygue said it was Tom Lollias and Tony Fisher. Commissioner Stephen Towne said he believed this was the same issue as the previous one and would not support the request. Ayes: Mayor Kenneth Klotz and Commissioner Thomas McTygue; Nays: Commissioners Thomas Curley, Michael Lenz and Stephen Towne. Motion denied. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to upgrade the Senior Engineering Technician from grade 13 to grade 15. He said the money is in the water and sewer budget to cover this cost. Ayes: Mayor Kenneth Klotz and Commissioner Thomas McTygue; Nays: Commissioners Thomas Curley, Michael Lenz and Stephen Towne. Motion denied. Commissioner Thomas Curley said he would like to explore the possibility of Commissioner Stephen Towne=s suggestion to hire the firm soon and pay them next year. Commissioner Thomas McTygue said Commissioner Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Thomas Curley should make a motion. Commissioner Stephen Towne said Deputy Mayor Hank Kuczynski should negotiate the best price and payment schedule and return to the Council and he would likely support it. Mayor Kenneth Klotz agreed this would be brought back to the next meeting. Donations Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the donation from Grant Graphics in the amount of $100 for design work for the carousel. Ayes all. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the donation from Stanley Paper in the amount of $67.27 for brass cleaner. Ayes all. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation from Andrea=s Art from the craft fair held on August 6 in the amount of $1,140. Ayes all. DEIS Water Study B- Discussion and Vote (02-207) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to release the DEIS done by Barton & Loguidice noting that the County report is to be incorporated as an appendix. Mayor Kenneth Klotz clarified that the Clough Harbor report completed for the County will be included as an appendix. Commissioner Thomas McTygue said yes. Mayor Kenneth Klotz said this should have been a matter for routine approval several months ago. He said whether Council members do or do not favor the DEIS there was no reason at this time to block acceptance. He said he was concerned that not accepting the DEIS would stop the project. Commissioner Thomas McTygue noted that there has been quite a bit of discussion on this matter. He noted that all three newspapers have supported the release of this document. He said it is only a draft document. Commissioner Stephen Towne said it is unfortunate that the public has become frustrated with the issue. He said the difficulty lies in the fact that there are five Council members who are trying to do what they believe is the best and there are simply differences in opinions. He said initially this appeared to be a routine decision to accept the DEIS but because there is the text that it would be approved for Ascope and content@ he could not accept it. He said the upper Hudson is a viable alternative option that needs to be explored. He said we met with the County and had a good meeting but there is still much to be done on that option. He said the County has asked two questions B is the City interested and what volume might we purchase. He said once those two questions had been answered, the County would come back with a price. Commissioner Stephen Towne noted that at the July 22 meeting there seemed to be agreement that this would be discussed at a future Council meeting. He said then to his surprise, Commissioner Thomas McTygue forwarded a letter to the County with a response before discussing the issue with the Council. He said this was a major issue with major consequences and should not be determined by one Commissioner. He said Commissioner Thomas McTygue=s letter addressed the County option as a supplemental source only. He said that in his recent memo to Commissioner Thomas McTygue he requested that using the County source as a primary source be reviewed. He said responding to the County=s request by saying that the City would only commit to 2 mgpd while requiring the County to hold the City=s maximum allowance of up to 75 percent of their capacity was simply ludicrous. He said he believed this was Commissioner Thomas McTygue=s way of killing the County option. Commissioner Stephen Towne said he had since sent a memo to Commissioner Thomas McTygue asking for information that has yet to come. Commissioner Stephen Towne said this was too large an issue to be determined by one Commissioner. He said the Council as a whole needs to make this determination. He said there still needs to be more coordination with the County and absent those discussions and numbers as well as the lack of them not being incorporated into the DEIS, he did not believe there was adequate information to release the DEIS. Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Commissioner Thomas McTygue said the charter specifically states that this is his responsibility. He said after the July 22 meeting he put the numbers together, as directed to at that meeting, and forwarded that information to the County. He said he got no response from the County until two days ago. He said none of his questions have been responded to by the County. He said it was his understanding the residents could pay as much as three times more for water and he was quite concerned. Commissioner Thomas McTygue said if Commissioner Stephen Towne believed the document was inadequate, he should send a written explanation to him. Commissioner Thomas McTygue said Commissioner Stephen Towne appears to be advocating for the City to abandoned its water source and use the County as a primary source. He said the Department of Health has recommended the City continue to use Loughberry Lake and Bog Meadow as the primary source and others as the supplemental source. Commissioner Thomas McTygue said the County wants the City to purchase 5 mgpd and that number was based on misinformation. Commissioner Stephen Towne encouraged the Mayor to control the meeting. Commissioner Stephen Towne said he never said the City should abandon the City=s primary water source. He said he asked for specific information in his memo that Commissioner Thomas McTygue has not yet responded to. Commissioner Thomas McTygue asked why the City should commit to a certain volume of water. Commissioner Stephen Towne said at this time he did not know what the volume of water should be but he understood that 5.7 mgpd was being considered. Commissioner Stephen Towne said it was not intended for Commissioner Thomas McTygue to respond on his own. He said this should have been discussed at a Council meeting. He pointed out that Commissioner Michael Lenz does not have full authority to adopt a budget. He said it was irresponsible of Commissioner Thomas McTygue do to this letter. Mayor Kenneth Klotz said if the Council accepts the DEIS, public discussion will commence. Commissioner Thomas Curley said there needs to be additional information before the Council can vote. He said this information needs to be part of the package. Commissioner Thomas McTygue said he is giving the Council exactly what they asked for by incorporating the County information as an appendix. Commissioner Thomas Curley said it should be incorporated into the document as a whole package. He said this should not be a document with supplemental information. Commissioner Thomas McTygue said the information will be included. Ayes: Mayor Kenneth Klotz and Commissioner Thomas McTygue; Nays: Commissioners Stephen Towne, Michael Lenz and Thomas Curley. Motion denied. Commissioner Stephen Towne said he had requested Commissioner Thomas McTygue to place water related items on his agenda. He said he could have placed it on his agenda, however, out of respect for Commissioner Thomas McTygue he requested that he place it on the DPW agenda. He then asked how those items might be discussed this evening. Mayor Kenneth Klotz suggested that Commissioner Stephen Towne consult with Council members. He said if Commissioner Thomas McTygue is not willing to place this on his agenda for discussion, then Commissioner Stephen Towne should place it on his. City Hall Boiler Commissioner Thomas McTygue withdrew this item from discussion. DEPARTMENT OF PUBLIC SAFETY Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Code Enforcement Update Commissioner Thomas Curley said they have been actively pursuing unregistered vehicle parking in the City and they have made much progress. He said he would continue to update the Council on this matter but to date most of the vehicles had been removed. He said there were a few property owners that have not yet complied, however, his department will keep on top of the situation. Neighborhood Watch Status Commissioner Thomas Curley said we are doing well with the neighborhood watch program. He said there have been no major incidents over the past two weekends. He said there are eight volunteers working from midnight to 5:00 a.m. He said both Commissioner Stephen Towne and Commissioner Michael Lenz have volunteered. He also extended that invitation to Mayor Kenneth Klotz and Commissioner Thomas McTygue. He thanked both the Downtowner Motel and A+ Mini Market for supplying coffee to these individuals and Verizon for supplying phones that are linked directly to the Police Department. He said Lt. James Cornick has taken on the responsibility of training these individuals. He said this coming weekend their would be quite a few individuals in the City so this would be the real test. He said if anyone is interested in volunteering they should call the Police Department. Merlin Development Easement (02-208) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the easement for Merlin Development for Diamond Brady Plaza to the Lillian=s parking lot as presented. Commissioner Thomas Curley thanked Jeff Wait for reviewing the contract. He said there were some minor issues of insertion of the dollar amount and the allowance of 180 days to remove the structure. Mayor Kenneth Klotz said it was his understanding the City Attorney did not recommend the approval of this agreement because the language was not adequate to protect the City=s interest. Commissioner Thomas Curley said he understood that Jeff Wait did not support the approval of this agreement but he believed we were at a point where there could be no more movement on either part. Mayor Kenneth Klotz said Merlin Development has done a lot of good development in the City and Diamond Brady Plaza was a good project for the City. He said though this project has been around for nearly ten years. He said it was his understanding that the project was approved by the Planning Board contingent upon some issues being worked out with DPW. He said those issues have not yet been worked out, therefore, he did not believe the project had final approval. He said he was concerned that the Council was being asked to give an approval for easements, when the project did not yet have final approval. Mayor Kenneth Klotz said there was also the concern of the potential value of the parking lot. He said understood there was a reversion clause, but he was concerned that the City Attorney did not approve of this contract. Commissioner Thomas McTygue said there was no substantial value to the City in approving this easement. He said he also had some concerns with snow removal. He said he had talked to members of the SAD who do not support this proposal and he did not believe that adjacent property owners supported the proposal either. Commissioner Thomas Curley said there would be no loss of parking spaces. He said the City would also gain a sidewalk to direct pedestrians. He said there was a substantial benefit to the City. Mayor Kenneth Klotz said the City Attorney disagreed. Commissioner Thomas Curley reminded Council members that Merlin Development had already contributed $25,000 to the parking solution fund and he was willing to donate another $7,500. He said there is also a clause included in this agreement that the walkway structure would be removed with 180 days of notification by the City. Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Commissioner Michael Lenz suggested that if this proposal was approved this evening it be so noted that the additional $7,500 would go into the parking solution fund. Commissioner Thomas Curley agreed. Commissioner Stephen Towne said Merlin Development has done good work in the City that has been well recognized. He said this easement would open up this Putnam Street building to Broadway. He said he understood that even upon notification by the City to Merlin Development, Bruce Levinsky could make it difficult to revert the easement. He said that there is wording and intent and it is the intent of Merlin Development is that the structure would be removed if the parking lot is sold. Commissioner Stephen Towne asked Bruce Levinsky what were his intentions. Bruce Levinsky said it was his intention to remove the structure within the 180 days upon notification by the City. He said the sidewalk improvement could be left if the Council so desired, otherwise it could be removed. Bruce Levinsky said it was his intent to remove the structure upon notification by the City. Ayes: Commissioners Stephen Towne, Michael Lenz and Thomas Curley; Nays: Commissioner Thomas McTygue and Mayor Klotz. Motion carried. 9/11 Ceremony Update Commissioner Thomas Curley reported that at noon on September 11 at the Lake Avenue Fire House there would be a small ceremony recognizing the events from one year ago. He said they have talked to the VFW, Principessa Elena Society, the ITAM and other organizations. He said there will be individuals representing the military as well as an honor guard from the National Cemetery. He said the speakers will include Assemblyman James Tedisco, the Mayor and other Councils members. He said the ceremony will close with a bagpipe rendition of Amazing Grace. Mayor Kenneth Klotz said there will be another ceremony held in the evening on September 11 in the park. He said it is not meant to compete with the ceremony at noon. He said this will be a different ceremony with clergy, salvation army and others. DWI Checkpoint Recap Commissioner Thomas Curley reported that DPS held a DWI checkpoint on August 15 from 9:00 p.m. to 5:00 a.m. at three different locations. He said 17 traffic tickets were written with only one DWI. He said it was a good sign in that more than 375 cars were stopped and only one DWI was issued. He said it shows that individuals are taking more care in drinking and not driving. He said more checkpoints would be held in the next few weeks. Set Public Hearing for Knolls Spring Park Speed Limits Commissioner Thomas Curley requested that a public hearing be set for September 3 at 6:40 p.m. on speed limits in the Knolls Spring Park area. Executive Session Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:10 p.m. Council members returned at 9:30 p.m. Rossi Manor Certiorari (02-209) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the Rossi Manor Certiorari matter as presented in executive session. Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 20, 2002 Mayor Kenneth Klotz said he would not support this proposal because the City Attorney had not had the opportunity to review the proposal. Ayes: Commissioners Stephen Towne, Michael Lenz and Thomas Curley; Nays: Commissioner Thomas McTygue and Mayor Klotz. Motion carried. Ryder Truck Rental Certiorari (02-210) Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the Ryder Truck Rental certiorari matter as presented n executive session. Mayor Kenneth Klotz said he would not support this proposal because the City Attorney had not had the opportunity to review the proposal. Ayes: Commissioner Stephen Towne, Michael Lenz and Thomas Curley; Nays: Commissioner Thomas McTygue and Mayor Klotz. Motion carried. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn the meeting at 9:35 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:35 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 14 of 14