City Council
Regular MeetingSaratoga Springs, NY · September 3, 2002
Minutes
CITY OF SARATOGA SPRINGS
CITY COUNCIL MEETING
CITY COUNCIL ROOM
TUESDAY, SEPTEMBER 3, 2002
6:40 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
Christine Gillmett-Brown, Deputy Commissioner, Finance
Deborah Harper, Deputy Commissioner, Accounts
Hank Kuczynski, Deputy Mayor
Jeff Wait, City Attorney
PUBLIC HEARING
Vehicle & Traffic Speed Limit
Tony Izzo, Assistant City Attorney, said this was a proposed revision to the Vehicle & Traffic Ordinance to amend the
speed limit on four roads in the Knoll Springs Park area. He said they propose to set the speed limit at 30 mph on
Wheatstone Court, Summerfield Lane, Pheasant Run and South Point Road.
Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed
the public hearing.
Local Law #5 B 2002 B Downtown Parking Special Assessment District
Tony Izzo, Assistant City Attorney, said this new SAD relates to the first SAD established by the City in 1978. He then
displayed a map of the Downtown SAD, established in 1978, and also displayed an outline of the proposed new
Downtown Parking SAD. He clarified with Council members that this is not an expansion of the Downtown SAD but
rather it is a new district created to fund parking needs. He said though the Downtown SAD and the Downtown
Parking SAD will share the same Board of Directors. He explained that the funds collected through the Downtown
Parking SAD would be severely limited to parking related issues only and a separate bookkeeping system would be
established. He further noted that all affected property owners had been contacted.
Tony Izzo further explained that a reasonable benefit to the property owner is all that is required in order to be
included in this new district.
Mayor Kenneth Klotz said it was not his intention to vote on this issue this evening. He then opened the public hearing.
He informed Council members that a letter had been received from Robert & Lois Vessels, 79 Railroad Place,
expressing their objections to this proposal.
Bob Israel, property owner in the proposed Downtown Parking SAD, said that conceptually this was a good idea,
however, he believed that the property owners in the Downtown Parking SAD would carry the greater burden. He
said he believed there were gross inequities in this ordinance. He explained that both the SADs would be limited to
raising $50,000. He said while the Downtown SAD may use their funds for flowers, shoveling, street improvements,
etc. the Downtown Parking SAD would only be able to use their money for parking related issues. He said, therefore,
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the Downtown Parking SAD would shoulder the greater burden for parking with no other benefits. He also noted that
the proposed Downtown Parking SAD property owners have only two thirds the property value of the Downtown SAD,
therefore, they will pay a greater proportion.
Doug Engles, 79 Railroad Place, President of the Franklin Square Condominium Association, said he had the same
concerns as expressed by Bob Israel. He pointed out that their building, as well as the new ones to be constructed,
already provide and maintain their own parking. He said there needs to be a benefit not a detriment to the property
owners. He said that condominium owners will have no direct benefit from this new SAD.
Chuck Martin, 58 Washington Street, said that this parcel, too, has its own parking. He said this would simply be an
inequity and he did not support this proposal.
Bruce Levinsky, property owner in the Downtown SAD, said conceptually this was a good idea. He said the Downtown
SAD had been given the responsibility when it was created for taking care of the parking issues in the downtown area.
He pointed out that nothing had been done by the Board of Directors of the Downtown SAD since the inception of the
Downtown SAD. He said it was intent of that legislation for the Downtown SAD to be responsible for parking related
issues. He said this new Downtown Parking SAD was a clear example of taxation without representation. He said
the Downtown Parking SAD property owners will not receive a benefit from this taxation but rather it was the
Downtown SAD property owners who would. He suggested that perhaps the Downtown SAD be expanded so that
all receive the same benefits.
Bruce Boghosian said the building which he owns in the newly proposed Downtown Parking SAD also provides parking
for its tenants, therefore, this is no direct benefit to him.
Gary Mangione, Church Street property owner, said there is no parking problem in this part of the City. He said there
is a problem in the core downtown area but not where he is located. He said there is no direct benefit to him through
this proposal.
Tom Boghosian said a lot of the parking problems in the area of his building are due to the library. He said he
understood though that the library was exempt from parking.
Commissioner Thomas McTygue said because he owns a residential parcel in this proposed Downtown Parking SAD
he would recuse himself from voting on this matter.
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 7:10 p.m. He noted that due to the death of Jim Linn, DPW
employee, he would like to move the meeting along quickly so as to allow time for Council members to get to the
funeral home. Council members agreed.
MAYOR=S OFFICE
Appointments (02-211)
Mayor Kenneth Klotz announced the appointments of Mary Ann Fitzgerald, Mimi Rayl and Doris Armstrong to the Urban
Heritage Area Board.
Easements B Bel Nav Development (02-212)
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Tony Izzo, Assistant City Attorney, said as part of the Planning Board approval process, Bel Nav was required to give
easements for sidewalks. He said those affected property owners would include the school district, Tim Paul and Paul
Safran. He said he had reviewed those agreements and they appear to be in order.
Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign
the easement agreement with Bel Nav Development. Ayes all.
CDBG Activity Agreements (02-213)
Brad Birge, Community Development Director, said these agreements are for the 2002 program year and have been
approved by the federal government. He said these agreements had been circulated prior to the meeting.
Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to
sign the agreements as presented. Ayes all.
2002 CAPER (Consolidated Annual Performance and Evaluation Report)
Brad Birge said information had been previously circulated to Council members. He said this is the annual report on
block grant activities. He said there will be a public review period from September 16 -30, 2002. He said this
document will be available at various locations throughout the City including City Hall, library, on line and the Housing
Authority. He said there was no final action required by the Council.
Proclamation B Academy for Learning in Retirement
Mayor Kenneth Klotz said the Academy for Learning in Retirement would be celebrating their tenth anniversary in the
very near future.
Joelle Unger, Executive Director, said this is a non-profit organization offering courses to the retired community. She
said this organization is sponsored by the Empire State College. She noted that more than 700 older learners have
participated in this program. She said there would be a luncheon held tomorrow honoring this event and Mayor
Kenneth Klotz would be attending.
Local Law #5 of 2002 B Downtown Parking SAD
Mayor Kenneth Klotz withdrew this item from discussion.
ACCOUNTS DEPARTMENT
Approve August 20, 2002, City Council meeting minutes
Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the August 20, 2002,
City Council meeting minutes as presented. Ayes all.
Commissioner of Deeds
Commissioner Stephen Towne announced the appointment of Barbara Harrison as Commissioner of Deeds with a
term of two years.
Award of Bid B Lake Avenue Fire Station Restoration Bid
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Commissioner Stephen Towne noted that this item was on both his agenda and the DPS agenda this evening.
Commisiosner Thomas Curley explained that upon doing some recent window renovation work at Lake Avenue Fire
Station, it was discovered that there were other necessary masonry repairs required to stop the deterioration of the
building. He said they went out to bid and they have now selected a contractor to do the work. He said the bid was
done with six alternates and three have been selected. He said there are funds of $50,000 in the Lake Avenue line
item to cover some of this expense but he would be requesting that $50,000 be moved from the West Avenue Fire
Station repair line and $9,100 be moved from the DPS Office renovation line item to the Lake Avenue Fire House
renovation line item to cover this expense.
Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the award
of bid for the Lake Avenue Fire House renovation for items #1, #2 & #3 in the amount of $109,100.
Ayes all.
Risk Management Committee B Update
Commissioner Stephen Towne said recently a number of experienced individuals were appointed to the Risk
Management Committee and charged with reviewing the City=s risk management policies/procedures. He said that
committee has met several times over the summer and will continue to do so. He explained that at this point they
will break down into small committees and meet with Commissioners to discuss their concerns. He said three areas
they will focus on will be the establishment of an accident review board & safety training and incentive program; city
positions (impact on risk management), and allocation of insurance and deductible costs by department. Stephen
Towne said it was his intent to come back to the Council in October with recommendations.
Vendor Ordinance Review B Announcement
Commissioner Stephen Towne said his office has undertaken a systematic review of ordinances that impact the
Accounts Department and the next ordinance to be reviewed is the Vendor Ordinance. He said his staff will begin to
work with Tony Izzo on this ordnance and he asked that Council members include pertinent members of their staff
to work with his department.
Salary SurveyB Vote (02-214)
Commisiosner Stephen Towne said at the last meeting he had asked that Deputy Mayor Hank Kuczynski work with
the company that had been recommended to determine if there might be a better financial package for this salary
review. He said after that meeting the Mayor asked that Commissioner Stephen Towne follow up on this issue which
he did. He said he spoke to Amtek on negotiating a better total price, better payment terms and the start/finish dates.
He said he did not discuss other terms such as the positions to be reviewed, etc.
Commisiosner Stephen Towne said a result of his conversation with Bob Banuski, President, and Ronnie Travers, Sr.
Vice President, they have agreed to an approximate 13 percent reduction in fees ($5,000) and payment terms which
call for an approximately 70 percent of the fee to be paid in the year 2003 and the remaining 30 percent to be paid
in2004. He said that allows for full completion of the project before the City pays anything.
Commissioner Stephen Towne then moved and Mayor Kenneth Klotz seconded to authorize the Mayor
to sign the agreement with Amtek, contingent upon the review of the City Attorney, noting the above
terms. Ayes all.
FINANCE DEPARTMENT
Approval of Payrolls
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Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the payment of the
following payrolls: August 23, 2002 -- $469,467.31 and August 30, 2002 -- $354,032.77.
Approval of Warrants
Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the
following warrants:
1SEP02 - Warrant 2-37
General Fund $349,800.18
City Center Authority 2,142.70
Water Fund 48,852.84
Sewer Fund 14,928.48
Capital Project 53,763.35
Special Assessment District -0-
West Avenue SAD -0-
Trust Fund 2,813.75
Debt Service -0-
Community Development 4,000.00
$476,301.30
MC020828 - Warrant 2-8
General Fund $ 15,837.90
City Center Authority 10,965.39
Water Fund 1,261.63
Sewer Fund 1,206.36
Capital Project -0-
Special Assessment District -0-
West Avenue SAD -0-
Trust Fund -0-
Debt Service -0-
Community Development -0-
$ 29,271.28
Ayes all.
Approval -- 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 Thomas Curley seconded to approve the budget
amendments as presented (Attachment B). Ayes all.
December 31, 2001 Financial Statement
Deputy Commissioner Christine Gillmett-Brown said this information had been previously distributed to Council
members. She pointed out that there were three adjustments to the statement. One for the rehab loans that have
yet to be collected (an allowance is now made); sick leave time paid for people separating; and state aid on the West
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Avenue project. She noted that parking tickets would now also be fully integrated into the system and they will be
able to measure true receivables and balances on that line item. She said these were simple routine adjustments.
Executive Session
Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive
session at 7:30 p.m. to discuss personnel matters (retirement incentive). Ayes all. Council members
returned at 7:45 p.m.
Local Law No. 4 of 2002 B Retirement Incentive (02-215)
Commissioner Michael Lenz said the deadline is today for this retirement incentive.
Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to adopt Local Law No.
4 of 2002 B Retirement Incentive pursuant to the requirement therein noting that the position
identified is the Insurance and Fixed Asset Coordinator.
Mayor Kenneth Klotz said it was his understanding that a savings must be demonstrated, therefore, he would not
support this motion. Commissioner Thomas McTygue said there were a number of positions that could cost the City
some money. Commissioner Stephen Towne said this was for one position only and it would not cost the City.
Commisiosner Thomas McTygue said if it could not be done for all then it should not be done for one.
Ayes: one (Commissioner Stephen Towne); Nays: four. Motion denied.
2002 Budget -- Discussion
Commissioner Michael Lenz said there was a presentation by him at a previous Council meeting on the sales tax
figures. He said he had stated that he would return to the Council to address the specific shortfalls. He explained
that at the end of 2001 there was a $3 million unappropriated fund balance. He said they approximated $700,000
would be needed to cover Health Insurance, Casualty Insurance and Public Safety shortfalls. He said that has now
been determine to be at about $605,000 ($305,000 for health insurance; $150,000 for Public Safety and $151,000
for casualty insurance).
Commissioner Michael Lenz said on October 11, the City will receive the reconciliation pages for June, July & August
thereby giving the City the actual figures. He said at that time he will be able to project a more accurate shortfall.
He said at the October 15 Council meeting he will report on the sales tax issue. He pointed out that those will be the
only actual figures available for this year for making budget projections. He said it was also his intention to present
a package of budget amendments at that time to meet the shortfalls.
Commissioner Michael Lenz asked that Council members refrain from purchasing unbudgeted items, institute a hiring
freeze and to continue to monitor budgets closely. He said if the departments could come in under budget it would
be most helpful. He pointed out that there are both shortfalls and line items that are coming in over budget.
Commissioner Michael Lenz said they will continue to monitor closely the areas where revenues have increased
(mortgage tax and admissions tax). He said, though, he did not believe those increases would likely offset the
shortfalls.
Mayor Kenneth Klotz said that last year the budget balanced. Commissioner Michael Lenz agreed but said this year
there is less sales tax coming to the City. He again asked Council members to monitor their budgets closely over the
next few months.
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2003 Budget - Discussion
Commissioner Michael Lenz said the 2003 budget worksheets had been distributed. He asked that Council members
return their 2003 budget requests by October 1. He also asked that any budget line item which has an increase or
decrease of more than ten percent that a written explanation be included. He said by the third Monday in October
he will return to the Council members a detail of the requested expenditures along with the estimate tax levy. He said
the explanation of increases/decreases will also be included.
Commissioner Michael Lenz said there will be two public hearings before the adoption of the budget and a number
of workshop likely in November.
DEPARTMENT OF PUBLIC WORKS
Carousel B Change in Hours
Commissioner Thomas McTygue announced the change of operating hours for the carousel. He said the carousel
will now operate Friday 4:00 p.m. to 9:00 p.m. and Saturday & Sunday noon to 9:00 p.m.
Water Ordinance -- Vote (02-216)
Commissioner Thomas McTygue reminded Council members that the Council recently held a public hearing on the
water ordinance. He said last week he circulated proposing to amend the water rate schedule to delete subparagraph
12(j). He said under that section it allows for a bore under the road for a connection fee of only $500.
Commissioner Thomas McTygue then moved and Mayor Kenneth Klotz seconded to amend the Water
Ordinance so that all water connection fees are consistent at $3,000. Ayes all.
Approval of Invoice B Impressions & Grant Graphics
Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to approve payment
of the invoice from Impressions in the amount of $285 for shirts for the volunteers at the carousel. He
said the money was in the carousel fund. Ayes all.
Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to approve payment
of the invoice from Grant Graphics in the amount of $1,225 for the carouse chip design, name badges
and stickers. Ayes all.
Water Ban
Commissioner Thomas McTygue said the water ban had been lifted due to the recent rainfall. He also noted that the
track was now closed and the reservoir is rising.
Paving Schedule
Commisiosner Thomas McTygue announced the following paving schedule: mill Elm Street, 9/23; pave Elm Street
9/24; pave Perry Street & Pleasant Drive 9/25; pave Spa Drive 9/26 and pave Prospect Drive & Livingston Street 9/27.
DEPARTMENT OF PUBLIC SAFETY
Speed Limit Ordinance B Vote (02-217)
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Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to amend the Vehicle & Traffic
Ordinance to change the speed limit to 30 mph along Pheasant Run, South Point Road, Wheatstone
Court and Summerfield Lane. Ayes all.
Lake Avenue Firehouse repairs and Capital Transfers
Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to allow for the
transfer of $50,000 from the West Avenue Fire Station repair line to the Lake Avenue Fire Station
Repair line and to also transfer $9,100 from DPS renovation line to the Lake Avenue Fire Station line.
Ayes all.
Emergency E-Mail Update
Commissioner Thomas Curley reported that he had met with Elliot Masie, Masie Center on the emergency e-mail
system. He said it is their intention to have this up and running by September 11. He said Kevin Kling will be the point
person. It was also noted that Brad Birge should also be involved in this program. Commissioner Thomas Curley
noted that the Masie Center has offered to oversee this program for three years at which time, Kevin Kling would
operate it.
9/11 Memorial Ceremony
Commissioner Thomas Curley said a memorial ceremony will be held on Wednesday, September 11 at the Lake
Avenue Fire House. He invited Council members and supervisors to attend. Commissioner Thomas Curley asked
Commissioner Thomas McTygue to provide some folding chairs for this event. He also asked that if anyone had a
portable public address system to please let him know.
Moment of Silence
Commissioner Thomas McTygue said that it was a shock to learn that DPW employee Jim had died over the weekend.
He said he was a very dedicated, hard working individual and City employees will miss him. He then requested a
moment of silence for DPW employee Jim Linn who died over the weekend.
ADJOURNMENT
Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn the meeting at 8:15 p.m.
Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:15 p.m.
Respectfully submitted,
Kathy Moran
Approved: Clerk
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