City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 15, 2003 6:30 P.M. PRESENT : Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor ABSENT : Anthony Scirocco, Supervisor STAFF PRESENT : Bruce Brown, Deputy Commissioner, DPW Debbie Harper, Deputy Commissioner, Accounts Bob King, Deputy Commissioner, DPS Hank Kuczynski, Deputy Mayor (arrived 8:30 p.m.) Jeff Wait, City Attorney PUBLIC HEARING Local Law #2 Hotel Occupancy Tax Mayor Kenneth Klotz said this legislation was recommended by the City Center Authority Advisory Committee. He said there are multiple parts to this legislation noting that both the NYS Senate and Assembly have passed the legislation. He said the City is now proposing a local law to increase the tax which will provide funding for the City Center expansion. Commissioner Michael Lenz said in February 2002, the City Center Authority asked him to appoint a task force which focused on ways to pay for the proposed City Center expansion that is anticipated to take place around 2007. He said in March 2002 they met and in May they made recommendations to the Council. He said in June 2002 the Council voted to move this process forward which brings the City to this juncture. He said it was his understanding that the Governor had signed the legislation and all that was left was for the City to pass this local law. He said if this local law is adopted this evening, collection of this hotel occupancy tax will begin on June 1, 2003. Mayor Kenneth Klotz opened the public hearing. Mike Toohey, Chair of the City Center Authority, commended all those involved in this process including the Council, Assemblyman Tedisco, Senator Bruno, Governor Pataki and Jeff Wait, City Attorney, for shepherding this legislation. He said this is a good way to fund the proposed City Center expansion. He noted that the expansion of the City Center will enhance the downtown business district, provide employment and sales tax for the City. He said this tax will not be a burden to the small hotel operators. He again thanked the Council for their support and asked them to vote favorably on this matter. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. Community Development 2003 Entitlement Grant Brad Birge said the Community Development Entitlement Grant Committee made a presentation to the Council at the last meeting. He reminded Council members that they received 20 applications requesting more than Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 $680,000 in funding. He said funding available was at $516,165 for 2003 and $61,000 from previous year=s for reprogramming. He said the public comment period would continue to May 1 and a draft copy of the plan was available at the library, City Hall and on the City=s WEB page. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. PUBLIC COMMENT Mayor Kenneth Klotz opened the public comment period. George Cannon, Elizabeth Lane, said he had Privilege of the Floor a few months ago concerning the DEIS/Water issue. He said during that time period Commissioner Thomas McTygue denied his statements, mislead the public and personally attacked him. He said Commissioner Thomas McTygue has continually mislead the public. He pointed out that the Water Treatment Plan is in need of millions of dollars of work but Commissioner Thomas McTygue stated at that meeting that the facility is state of the art and people come from around the state to look at this facility. He said Commissioner Thomas McTygue was proposing another million dollars upgrade this evening and he believed there would be more. Jeff Pfeil, Chair of the Comprehensive Plan Commission, said the Zoning Ordinance Review Committee had done a good job in their recommendations to the Council. He said it had gone on a bit longer than anticipated but he believed that with the most recent changes, more than 99 percent of the people would be pleased. He commended that committee. He said he hoped these changes could be made within a reasonable period of time. MAYOR =S OFFICE Assembly Committee on Cities Hearings B Report Mayor Kenneth Klotz reported that the Assembly would hold public hearings on May 5 on small cities. He said he had been invited to talk about Saratoga Springs and its accomplishments and problems. He said he looked forwarded to showcasing the City, but also noted that the City still faced many challenges. He said he would report back to the Council at the May 6 meeting. Annual Community Assessment by HUD B Report Mayor Kenneth Klotz reported that he recently received a report from U.S. Housing & Urban Development. He said as part of the Community Development program the City is overseen by representatives of HUD and they review the City each year to determine whether we are in compliance with their programs. He said HUD has informed him through this report that the City is in compliance. Civil Service Commission Appointment B Approve (03-064) Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the reappointment of Karen Stetkar to the Civil Service Commission. Ayes all. Spring Run Trail Appraisals B Approve (03-065) Mayor Kenneth Klotz said the City has been working in cooperation with the Open Space Project on the Spring Run Trail. He said they are now at the state of looking into acquiring properties adjacent to the trail. He said most times, the land will be donated to the trail, however, there are some cases where the land will need to be purchased. Therefore, he said that formal appraisals of the parcels that are to be donated and sold to the City needed to be done. Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the expenditure of $3,000 for appraisals on these parcels. He said the money was within his budget. Ayes all. Heritage Area B Donation Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept the donation of $600 from the Rotary Club for the Spa City Band Concerts to be held in July. Ayes all. Senator Schumer Visit B Announcement Mayor Kenneth Klotz announced that Senator Schumer would be in the City tomorrow to meet with a numberof community leaders. He invited the Council to attend. He said members of the Board of Supervisors, farming community, educational community, arts, labor and a number of other community leaders had been invited. He said it will be at the Arts Center at 9:00 a.m. Commissioner Stephen Town asked what was the purpose of this visit. Mayor Kenneth Klotz said it was his sense that Senator Schumer would update the community on the activities of his office. He said Senator Schumer would also be interested in what were the City=s needs. He said that it was meant to be a small, informal gathering which would last about an hour. Blue Ribbon Parking Committee Mayor Kenneth Klotz said he would be appointing a Blue Ribbon Parking Committee to be chaired by Matt McCabe. He said some of the members would include Gordon Boyd, Jeff Pfeil and Paul O=Donnell. He said he would also be looking for appointments from the Council. Commissioner Michael Lenz said he understood that he and Mayor Kenneth Klotz had a difference of opinion on this matter and there was nothing to preclude the Mayor from appointing this committee. However, he said when this process began he approached the SAD to see if they wanted to take on a greater role in the City=s parking needs. He said he then brought this matter to the Council and the Council held a workshop. He said based on that workshop he was of the opinion that a working group would be identified to address the short term needs and to get back to the Council by early June. He said the group would then look into the long term parking needs. He said he became confused when the Mayor then appointed a committee to do the same thing that the SAD had agreed to do. He reminded everyone that the City is limited in its volunteer base. He said virtually all of the organizations that were listed in the Mayor=s memo would be sought out by the SAD in their discussion on this matter. He said these committees would parallel one another and was not an efficient use of their time. He said he thought there was majority consensus from the Council that the SAD would move forward in this area. Mayor Kenneth Klotz said he was largely on board with Commissioner Michael Lenz but was moving in the same direction only slightly differently. He said there were multiple issues that were discussed at the workshop. He said he believed the two groups could coordinate their work and jointly tackle the issue. Commissioner Thomas McTygue said his department plays a significant role in this matter. He said they have made several accommodations for parking, i.e., the lot where the Pfeil building now stands and now more recently Federal Street and the new Adirondack Trust parcel on Church Street. He said those lots are rarely filled. He said parking in the downtown area is stretched and there needs to be cooperation from downtown businesses to encourage their employees to park a block away and walk. He asked where the SAD had been. He said the SAD did not need direction from the Council to pursue this matter when in fact they have had the ability all along. He said only now that he had announced his plan for parking on Church Street has this become an issue. He said he planned to appear before the Planning Board soon on this matter. Commissioner Michael Lenz said there are too many groups working on this issue. He said ideally there should be one group as the lead agent. He reminded Council members that he had met with the SAD in February and at that time they indicated their willingness to work on this matter. He said there was then a consensus among Council members on parking on Woodlawn Avenue and Church Street. He said the SAD can take the lead on Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 this matter and the Council should try to come to some consensus. Commissioner Thomas McTygue said he concurred with Mayor Kenneth Klotz in that it was time to reach out to new individuals rather than using existing SAD members. He said this was not a downtown property owner problem. He said we need new individuals with fresh ideas. Commissioner Michael Lenz said the SAD met today on this matter. He said they could be charged with working with all of the organizations as noted in the Mayor=s memo. Commissioner Thomas McTygue said the SAD did not need Council approval to act on this matter. He said he believed they have enough to do and shouldn=t take on another charge. Commissioner Michael Lenz agreed they have the legislative authority to work on this matter and he wanted Council consensus for them to move in that direction. Mayor Kenneth Klotz noted that Matt McCabe worked on the 2001 study. He said he was optimistic that the groups could work together. Commissioner Stephen Towne said this is the third time that two groups will look at the same issue and he did not believe it was necessary to have both. He said the SAD agreed to take up this challenge. He said there is a lot of talent throughout the City and we need to be careful how we use it. He said a committee charged with both short and long term goals could be established. New York State Military Heritage Institute B Announcement Mayor Kenneth Klotz said a formal celebration of the New York State Military Heritage Institute would be held on Friday, June 6, from 6:30 p.m. to 10:30 p.m. He said tickets were $25/piece. Zoning Ordinance Review Committee Amendments B Accept for Study & Refer for Advisory Opinion Mayor Kenneth Klotz said this has been an extended process that was begun in 2001. He said there have been a number of changes and the committee met again and made revisions. He said the revisions were significant enough that another public hearing and advisory opinions were required. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the revised zoning amendment for study and to refer it to the City and County Planning Boards for the required advisory opinions. Ayes all. Commissioner Michael Lenz said it was his sense that many of the comments previously made by the public have been addressed and he looked forward to the opportunity to study this more closely. Commissioner Stephen Towne said he too had not yet gone through this in detail, but taking a quick look the changes made seemed appropriate. He said there was a lengthy list of comments and concerns expressed by the public and he was glad to see they had been addressed. Ayes all. It was agreed the public hearing would be set for May 20 at 6:45 p.m. Resolution to approve PILOT Agreement for Kirby Village Senior Apartments B Vote (03-066) Bruce Baird, Kirby Village Senior Apartments Project Manager, said this was the final step in the municipal review process. He said the Planning Board recently reviewed this and gave approvals for the subdivision, site plan and their portion of the PILOT program. He said he was now requesting Council approval for the Mayor to enter into the PILOT agreement. Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Bruce Baird said this was another 31 unit senior housing project to be located behind Saratoga West. He said the residents will have income limits of $23,000/year and the rents will be in the $340 range. He said that rent was made possible due to tax credits, low interest mortgages and stabilization of a number of items including property tax. He said the proposed agreement allows for property tax in the amount of $14,400 which equates to about $450 per unit. He said they hoped to break ground during the summer and hoped for occupancy by the spring of 2004. Mayor Kenneth Klotz said the City Attorney was still working out some of the details with Bruce Baird. He said the legal description, dates and assessment data needed to be included. Commissioner Stephen Towne asked about the Schedule A. Bruce Baird said it was a legal description that was still being worked on. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to authorize the Mayor to enter into the agreement with Kirby Village Senior Apartments subject to the City Attorney =s review. Ayes all. ACCOUNTS DEPARTMENT Approval of City Council Meeting Minutes B April 1, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 1, 2003 City Council meeting minutes. Ayes all. Approval of City Council Workshop Meeting Minutes B April 3, 2003 Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the April 3, City Council meeting workshop minutes. Ayes all. Award of Bid B Granite Curbs Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Granite Curbs to Syrstone, Inc., of Syracuse for $10,720 (only bidder). He said this bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Pre-cast Curbing Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Pre-cast Curbs to The Fort Miller Company of Schuylerville for $11,775 (only bidder). He said this bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Presentation & Vote B Insurance Renewal Commissioner Stephen Towne distributed a summary of the insurance policy which arrived this afternoon. He said given the lateness of this information he would not seek a vote. He said he wanted the Council to have some time to review the information. He reminded Council members that the insurance contracts runs from May 1 through April 30. He pointed out that the overall percent increase to the contract was within the projected range made during the budget process. He said he planned to distribute a memo next week seeking approval and he would confirm that vote at the May 1 meeting. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Harry Buccifero reviewed the information on the comparisons. He said the good and bad news was that the projected increase was about 20 percent which is what was estimated. He said in some cases there were increases in coverage which ultimately meant a better package for the City. He said the property insurance increase was due to increase in property values and the addition of the Carousel. Harry Buccifero then reviewed the breakdown as follows. He that the general liability has increased and noted that the rating for general liability is based on overall expenditures. Commissioner Thomas Curley asked how that was determined. Harry Buccifero said NYMIR takes the entire budget and breaks it down into a net operating budget. He said our base went from $10 million to $13 million. Commissioner Thomas McTygue asked how much was the increase for the carousel. Harry Buccifero said he believed it was about $250,000. Commissioner Thomas McTygue suggested that perhaps that portion could be worked into his expense line. Harry Buccifero said the major reason for the increase in auto coverage last year was based on the City=s experience over the last five years. He said that has improved this past year and it is reflected in the pricing. He noted that the deductible was also reduced and that should save the City a significant amount of money. Harry Buccifero said there was an increase in the public official liability coverage and they have added additional coverage for back wages. He said law enforcement liability is about the same. He said one of the larger increases was under umbrella coverage for excess liability. He said that increase went from $77,000 to $135,000 for $5 million coverage. He explained though that NYMIR had no control over that cost. He said the five year capitalization fee remained the same. Commissioner Stephen Towne stated that some of the increases to the dollar amount was due to expansion of coverage and insurable assets. He said that NYMIR provides insurance to more than 500 municipalities and 20 percent seemed to be the industry standard for increase. He said there were still some coverage issues being finalized and when that was completed he would forward it to the Council. He asked that once they have that information they review it and get back to him with questions. Mayor Kenneth Klotz asked about the inventory list. Commissioner Stephen Towne said he was working on it and was discussing some of it with NYCOM. He said it would be distributed in the near future. Vote to Approve Empire Zone Resolution on Empire Zones Commissioner Stephen Towne said the City has recently gone through three phases of endorsing applicants for the Empire Zone Boundary Amendments (July 2, September 17 and October 1). He said the City received notification from the Saratoga County Empire Zone Administrative Board and adopted a resolution on September 17 supporting and concurring with the Saratoga County application for Empire Zone Boundary revision for phase one. He said phases two and three (approved by the Council on September 17 and October 1) included the following parcels: Advantage Press, Merlin Development, 63 Putnam Street Enterprises, McNeary, Inc., Munter Enterprises, Turf Hotels, Saratoga Hospital and Ellsworth Ice Cream for a total 43.649 acres. He said the City received notification from the Saratoga County Empire Zone Administrative Board on December 2 that all of those applicants in phases two and three were approved. He said tonight=s resolution is a formal resolution which includes all of the properties previously endorsed by the City for a total of nearly 90 acres. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to adopt the resolution (Attachment A) as previously distributed supporting and concurring with the Saratoga County Application for Empire Zone Boundary revision and previously adopted unanimously at the Council =s October 1, 2002 meeting. This resolution was sent to the City Attorney =s Office for review . Mayor Kenneth Klotz said there have been reports that as part of the Governor=s budget, it was proposed that the City=s pick up some of the tax breaks for the Empire Zones. Commissioner Stephen Towne said he had heard nothing more than what the Mayor had heard. Commissioner Thomas McTygue said he would like to be sure whether the City may be responsible before voting. Commissioner Michael Lenz asked if the City had to vote on this tonight. Mayor Kenneth Klotz said he was concerned that the City might be obligating itself to Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 something that we will ultimately need to pay for. He said the concept was good and the City was very deliberate in its initial designations, however, after the first phase, it seemed that whoever asked to be included was included. He said he would prefer to not vote on this tonight and wait until he had more information. Commissioner Stephen Towne said phases two and three had a far shorter time period in which to accept and forward the parcels onto SEDC. He said it would certainly behoove the Council to determine what the financial obligation would be. He said that he would bring this back when he had more information. Commissioner Stephen Towne said the purpose of the Empire Zones is to promote light industrial activity, job creation, capital investment, etc., and the Council purposefully included the special development areas. He said for the most part the bulk of all of the applicants fell into the latter category. He reminded Council members that the Council accepted these locations, they were forwarded to SEDC and they too have now accepted them. He said although he understood Mayor Kenneth Klotz=s concerns he did not want anyone to misread this and think that the locations were not well defined and met the challenge. He said he would try to find out a sense of the financial commitment that might be required should the Governor=s proposal become effective. Ordinance Review -- Update Commissioner Stephen Towne said he had spoken to the Downtown Business Association this evening on the proposed vendor ordinance. He said his department had recently undergone a review of the Taxi and Public Assembly Ordinances. He said he planned to review the Livery and Bed & Breakfast Ordinances next. Commissioner Stephen Towne said the Vendor Ordinance has been in existence for many years with periodic modification. He said the committee was charged with reviewing the ordinance and to work with Tony Izzo, Assistant City Attorney. He said there are nine members on this committee, they have met six times and have identified 19 items to review. He said they have agreed on a few items such as penalties and vending on Broadway subject to the 30 inch rule. He said they have also discussed photo identification for vendors. He said some of the items to be reviewed are events in Congress Park, forming a committee to meet a couple of times each year to review the vending issues, pushcarts and locations of the pushcarts. Commissioner Stephen Towne said it was his plan to return to the Council with an ordinance for adoption before the track season. Mayor Kenneth Klotz noted that a public hearing will be necessary and it would be good to get that input. He said everyone all involved wanted to see the downtown succeed. Award of RFP B Visitor Center Ducted Air Conditioning Upon the recommendation of the Mayor =s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the RFP for the visitor Center Ducted Air Conditioning System to D&E Technologies, Inc., of Ballston Spa for item #2 (main building) in the amount of $23,354 (lowest qualified bidder). This RFP has been reviewed by the Purchasing Department and meets the city =s purchasing guidelines. Ayes all. Commissioner Thomas McTygue asked if this project had appeared before the Design Review Commission. Paul Male, City Engineer, said Debbie LaBreche, Assistant City Engineer, was working with NYS Parks and Recreation and they have stated that if all of the work is on the interior they would have no issues. Commissioner Thomas McTygue pointed out that this is under his purview and if an application needs to be made to the Design Review Commission it needs to be done so through his office. FINANCE OFFICE Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: April 4, 2003 -- $372,459.42 and April 11, 2003 -- $343,199.29. Ayes all. Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2APR03- -- Warrant 2-32 General Fund $ 305,469.30 City Center Authority 3,874.46 Water Fund 31,656.73 Sewer Fund 5,878.54 Capital Project 89,146.96 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 20,855.07 $ 457,081.06 MC030409 - Warrant 2-6 General Fund $ 30,203.96 City Center Authority 722.57 Water Fund 5,138.65 Sewer Fund 1,569.61 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 18.11 $ 37,652.90 MC040903 - Warrant 2 General Fund $ -0- City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project 3,574.21 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 3,574.21 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment B). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment C). Ayes all. Budget Contingency Transfers Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the budget amendments as presented (Attachment D). Commissioner Michael Lenz said that he and Commissioner Thomas McTygue had met with Shawna Sutton and Wallace Allerdice concerning the maintenance of a small city owned portion in the Greenridge Cemetary. He said that particular line item in the budget had not changed since 1981 and it currently stands at $8,000. He said the Greenridge Cemetary Association had absorbed some of the cost for this small city owned portion, but than cannot continue to do so. He said they estimate that the cost is $20,000 annually. He said they did request an increase at budget time, however, the request came too late to be included. He said both he and Commissioner Thomas McTygue believe that it is important for the City to increase the $8,000. He said they propose to increase it by $5,000 this year for a total of $13,000. He said those funds could come from contingency. Mayor Kenneth Klotz asked how much that would leave in contingency. Commissioner Michael Lenz said $145,000. Commissioner Stephen Towne asked if $5,000 was sufficient. Commissioner Michael Lenz said that they could make it this year with the additional $5,000. Ayes all. Discussion and Vote B Hotel Occupancy Tax Increase (03-067) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adopt Local Law #2 of 2003 entitled Room Occupancy Tax Law as presented (Attachment E). Commissioner Michael Lenz said this has been going on since February 2002. He said this was identified as a source of funding to pay for the proposed City Center expansion and the continual operation of the City Center Authority. He said this proposal will increase the hotel occupancy tax by an additional 2 percent to a total of 5 percent. He said there was a number of people to be thanked and he appreciated their efforts. He said if this is adopted this evening, they will begin collecting the additional tax on June 1. Mayor Kenneth Klotz said there was a number of initial concerns, but those concerns seem to have been addressed. He said he had some concerns that the City may be limiting itself but has come to realize that is not the case. Commissioner Michael Lenz said there seemed to be some consensus that the cost for expansion will be about $5 million. He said they are reasonably certain that by 2007, there will be almost enough funds to pay for that expansion. Ayes all. Discussion Wireless Internet Antenna Kevin Kling, Information Technology Specialist, said he was approached by Spa.net about their placing a wireless antenna on the top of City Hall. He said this is a high speed wireless transmitter that can be used for Internet data transport. He said potentially it could be used for public safety applications. He said one of the advantages of this system is that it would allow for redundancy for City Hall. He said Spa.net has offered City Hall free access to this wireless transmitter thereby saving the City $5,500 annual in Road Runner costs once the reliability has been established. He said this wireless connection allows for large amounts of data to be transmitted at a much higher rate of speed than existing connections. Kevin Kling said this would also allow for some departments outside of City Hall (water treatment plan, recreation, police, DPW) to be served with better backup capabilities, faster Internet access, easier remote support, etc. He said currently the Water Treatment Plant does not have access to the Road Runner. Kevin Kling then displayed a photograph of the proposed antenna and what it would look like on the existing Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 antenna. He said the visual impact was almost nonexistent. Mayor Kenneth Klotz asked about the cost. Kevin Kling said the only cost was for installation and Spa.net was willing to provide the equipment and free access for City Hall. Commissioner Stephen Towne asked about the range of ability. It was noted the range was about six miles. Commissioner Michael Lenz said one of the advantages of this network would allow for better wireless access in the downtown area. He said the potential businesses looking to locate here in the City often look at the quality of technology and it certainly has a level of appeal to some companies. Commissioner Michael Lenz said he understood that an agreement would be necessary and DPW would need to be involved and agree to the placement of this antenna. Commissioner Thomas Curley asked if it would interfere with existing antenna and transmission. Kevin Kling said no that it operates on a different frequency. He also pointed out that this type of service is not geared toward the individual mobile user. He said that it was a more point to point access. Commissioner Michael Lenz said he planned to return to the Council at a later date with the specific details on this implementation. Confirmation of Approval by Memo B SAD Parking Working Group (03-068) Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to confirm the recent approval by memo for the SAD Parking Working Group. He said this topic had been discussed earlier this evening and he was following up on the parking issue by asking the SAD to form a working group to investigate this matter. He said he believed there was a consensus from the Council that the SAD should look into this matter. He also noted that the SAD has the legislative authority to do so. He said he had sent a letter to Tim Mabee, Chair of the Downtown Assessment District, asking that this group review the recommendations from the past and analyze the options for the future. He said the SAD was uniquely qualified to be the lead agent on this matter. He said he had asked that they return to the Council by the first meeting in June with some short term options and then they could proceed with long term issues. He said he new there had been some other groups who would look into the parking matter, but he believed that it should be limited to one group. Mayor Kenneth Klotz said this had been discussed at the workshop meeting and there was some support but the SAD group was a small group with limited abilities. He said it was more desirable to have a broader based group to look at the long term approach and that was why he was appointing this blue ribbon committee. He said both groups should work together and he would not support Commissioner Michael Lenz=s proposal to have the SAD look into the parking matters. He said he did not want this misconstrued as being objectionable, but rather he did not want the focus to be exclusive. Commissioner Michael Lenz said he would like Council support to allow the SAD to move forward on this matter. He said they are uniquely qualified. He also said that the amount of committees should be minimized. Commissioner Thomas McTygue said he supported a broader base group. He also noted that there are a number of members on the SAD whose terms have been expired and that also needs to be addressed. He said it was time to reach out and draw in fresh ideas from other organizations such as the Chamber, City Center, etc. He said the SAD did not need Council approval to look into the parking matter because they already have that power. He said he did not believe that this issue would even be discussed if he had not brought forth his proposal for the parking deck on Church Street. Commissioner Michael Lenz disagreed saying he had approached the SAD in February and then the Council later. He said only after he had addressed the Council did Commissioner Thomas McTygue come forth with his plan for the parking deck. He also noted that the SAD would reach out to all of the organizations as so noted by Mayor Kenneth Klotz. Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Commissioner Thomas McTygue asked where the SAD had been all of these years. He asked why they had not done this before especially since they have the ability to do so. He said he had no objection for them to look at this in the short term. Ayes: three (Commissioner Stephen Towne, Michael Lenz and Thomas Curley); Nayes: Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion carried. Executive Session Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 8:40 p.m. for litigation issues. Ayes all. Council members returned at 8:55 p.m. There was no action taken. DEPARTMENT OF PUBLIC WORKS Authorize the Mayor to sign the contract with Care Environmental for Hazardous Waste Day & Vote on Resolution (03-069) Commissioner Thomas McTygue said a Household Hazardous Waste Day will be held on June 7 at the Weibel Avenue Ice Rink. He said a notice would be sent to all City residents asking that they set up an appointment to dispose of their items. He said there will be a number of large ads in the newspaper. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract with Care Environmental. He said the price of the contract would be per unit piece per various piece. Commissioner Stephen Towne clarified that the funding was within the DPW budget. Commissioner Thomas McTygue said yes. He said it was possible there could be some state reimbursement. Commissioner Stephen Towne asked what the estimated cost would be for this program. Commissioner Thomas McTygue said he estimated the City=s cost to be about $61,000. Bill McTygue, Director Utilities, said he would complete the application for state aid reimbursement. He said the resolution for this program is a requirement and is part of the application package. Commissioner Thomas McTygue said when the landfill was closed there were some funds reimbursed by the state that took a couple of years to get. He said that money was set aside in a special account to be used for related landfill expenses. He said the resolution was a boiler plate resolution that needs to be adopted. Commissioner Thomas McTygue said this contract is quite similar to the contract that the Towns of Milton, Ballston and Charlton used for their recent household hazardous waste day. He said this was a good program and he anticipated a favorable response. Bill McTygue said the City was getting the same rate as those towns for this program. He said he had spoken with Marilyn Rivers, Risk Manager, on this subject. Ayes all. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to adopt the resolution (Attachment F) and to file for the state assistance reimbursement program. Ayes all. Donations Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation from Jane Greenberg in the amount of $200 for the Carousel and a donation from Broadway Banner for flags in the amount of $76.80. Ayes all. Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Discussion & Vote B Money from Contingency for Tub Grinder Commissioner Thomas McTygue said he had recently spoken to Commissioner Michael Lenz on this matter. He said he was requesting $32,841 from the contingency budget for the repair of the tub grinder. He said his budget was cut last year and this item was not included. He reminded Council members that at the end of the year there was $270,000 remaining in his budget which showed that he was conservative in his spending. Commissioner Thomas McTygue said the more they use the tub grinder without making these repairs worsens the situation. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to transfer $32,841 from contingency to the repair line item to make this repair to the tub grinder. Commissioner Michael Lenz agreed that this was an important piece of equipment that needed to be repaired. He said this was not a common situation and this particular repair needed to be done in order to generate revenue. Commissioner Stephen Towne asked how much revenue is generated by this tub grinder. Commissioner Thomas McTygue said he was not sure at this time. He said more importantly though, it was a matter of disposing of the debris. He said we are not like other communities and do not have a place to bury it. He said his department grinds the material and then sells it back to residents. He said the City has one of the better compost facilities in upstate New York. He reminded Council members that this is a very expensive piece of machinery at a cost of between $250,000 and $300,000. Ayes all. Discussion & Vote - Money from Surplus for Truck Commissioner Thomas McTygue said that in 2002 a truck was ordered from state contract in the amount of $25,000. He said, unfortunately, the funds were not saved from 2002 and he would like the $25,000 to come from the surplus. Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded that the $25,000 was to come from surplus and placed in line item A33351225240 for the purchase of the truck. Commissioner Michael Lenz said this unfortunately this was a situation where DPW had intended to encumber the funds but it was overlooked. He said, though, the truck had been ordered and would be delivered later this month. Commissioner Stephen Towne noted that there was a procedure to file for a purchase order by the end of November and his department does not have one. Bill McTygue said they did generate a request to the Accounts Department, however, it was never forwarded. Ayes all. Approval for Mayor to sign contract for curb Installation Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign a contract for curb installation at 141 Nelson Avenue in the amount of $4,260. Ayes all. Executive Session B Personnel Commissioner Thomas McTygue requested an executive session for the purpose of personnel discussions. Council members agreed. Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Contract with Barton & Loguidice for Design of Water Disinfection Study B Discussion & Vote (03-070) Commissioner Thomas McTygue said he was seeking approval this evening to hire Barton & Loguidice for the water disinfection study. He said in reference to comments made earlier this evening he invited anyone who was interested to tour the Water Treatment Plant. He said he had been on the Council for 27 years and the Water Treatment Plant is up to date. He said, though, it continually needs to be updated and improved. He said this City has never had a shut down at the Water Treatment Plant nor have there been any major problems with the water supply. He further noted that the City has the sixth lowest water rate in New York State. He said the investments made at the plant are to accommodate future growth in the City. He said the plant periodically needs to be retrofitted to bring it up to current standards. He further noted that the $17 million figure for the water supply source includes this amount. Bill McTygue said last January the Council was provided with a copy of the Water Treatment Plant disinfection study which was commissioned by the Council in 2001. He said several options were studied. He said technology has been evolving and there is new technology that is required to meet the new federal regulations. He reminded Council members that Glens Falls recently had a problem with their water supply because of a particular type of bacteria. He said the City was ahead of the curve on the issue by addressing this matter at this time. He said this project is based on the new federal regulations. Bill McTygue said Barton & Loguidice has recommended the ultra violet system and they were now recommending that proposal as submitted by Barton & Loguidice. He said they were asking to hire Barton & Loguidice to prepare plans, assist with the bidding process and to assist during the construction phase. He said the amount of the contract would be $150,000. Commissioner Thomas McTygue then moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the contract with Barton & Loguidice for the Water Disinfection Study. Commissioner Stephen Towne asked why this was necessary. Bill McTygue said it was because of the new federal regulations. He said many of the new bacteria are not treatable with existing chlorine systems. He said the City=s chlorine system is a typical treatment system and it is generally the most economical way to treat the bacteria. Commissioner Stephen Towne asked when the regulations take effect. Bill McTygue said he was not sure but it was soon. Commissioner Stephen Towne said this was quite costly. He said that Barton & Loguidice had made a recommendation to the Council and all three options were around $1 million. He asked if this was something that really needed to be done at this time. Bill McTygue said that as part of the federal regulations it is required. He said the regulations came into effect in the late 1990s and he was not sure of the exact date that the City needs to be in conformance. Commissioner Stephen Towne asked if the source of the water had any bearing on the disinfection process. Bill McTygue said yes. He said the new regulations applies to open bodies of water that have not been treated. Commissioner Stephen Towne said if the City was considering the County option of the upper Hudson, that water would be treated. He wondered if this project was not applicable to treated water and if we are ahead of the curve, didn=t it make sense to postpone this for a little while. Commissioner Thomas McTygue said they have no intention of giving up on the Water Treatment Plant even if we buy water from the County. Commissioner Stephen Towne said he was not sure that he was ready to commit the City to a million dollar project if the scope may change. He said if the water is piped down from the Hudson and the primary source is treated and the Water Treatment Plant is continued to be used as a back up, he asked if the City really needed this proposal in this form. Commissioner Thomas McTygue said this would not be paid for out of the general fund. He said it was also a safety issue with his employees. Commissioner Thomas McTygue reminded Council members that he had been working on this issue for more than two years. Commissioner Stephen Towne said that regardless of the water source and the budget line items, it was still a lot of money. He said he wanted to be clear that DPW was of the opinion that this new water disinfection system was still needed even though there may be an alternative water supply. Bill McTygue said yes. Commissioner Stephen Towne said in connection with the bidding process he assumed that Barton & Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Loguidice would act as the City=s agent and they would following purchasing guidelines. Bill McTygue said yes. He said that when we go out to bid it will be for a complete installation of facilities. Ayes all. DEPARTMENT OF PUBLIC SAFETY Police Firearms Training Simulator Commissioner Thomas McTygue said a police shooting simulator was purchased by Elliot Masie and donated to the City for our use. He explained that there is an adapter for the police fire arms and a burst of laser light will shoot at a video screen. He said this is a good project for them and it was another good demonstration of private and public partnership. Authorization for Mayor to sign Police Admit Computer Services Contract Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Admit Computer Services for one year of service in the amount of $25,340. Ayes all. Authorization for Hold Harmless Agreement to be signed Commissioner Thomas Curley said that Bonacio Construction and Roohan Realty have made available two buildings on Nelson Avenue and High Rock Avenue to the Fire Department for training purposes. He said the firefighters will do training exercises at these buildings but there will be no burning exercises. He said they will do things such as how to locate individuals, access, setting ladders, lines, etc. He said this was a good opportunity for the firefighters to enhance their confidence and experience. He said though that a hold harmless agreement was needed before these exercises could begin. Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the hold harmless agreement between the City/Bonacio Construction/Roohan Realty. Ayes all. Demonstrations Commissioner Thomas Curley said over the last several weeks there have been demonstrations at various locations on Broadway. He said there has been some concern expressed by the City Attorney=s Office the Police Department. He said he understood that they have the right to demonstrate but he was concerned for their safety and for the safety of the residents in general. He said he believed there were some inadequacies in the existing ordinance pertaining to who needs a permit and when it should be acquired. He said over the past weekend, there was an incident. He said it was his plan to return to the Council with recommendations on when a permit may be required and who needs to acquire it. BOARD OF SUPERVISORS Phil Klein said the County recently adopted a resolution in conjunction with the state for the Stop DWI program. He said the City will be the recipient of $36,000 from that program. Phil Klein said there will be a public hearing on May 1 at 4:45 p.m. in the County Board of Supervisors meeting room on the Empire Zone program. He said the state legislature has not yet concluded who will bear the cost of this program. He said there has been some discussion that the applicant may bear the administrative cost Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 expense. Phil Klein said he had been working with the Mayor=s Committee on the Korean War Veteran=s program. He said the County has contracted with SPAC to hold a free concert on May 13 for veterans. He said the Army band will play and there will be special recognition for Korean War veterans. Phil Klein said the County is continuing to proceed on the option of using the upper Hudson as a water source alternative. He said they just recently entered into a contract for aerial photography of the water line area. Mayor Kenneth Klotz asked if it was still the County=s intention to come back to the City with a specific long term proposal for water at a specified cost and the guaranteed start times. Phil Klein said yes. He said it would include things such as the volume of water, proposed increases, reopening clause, length of contract, etc. He said he hoped it would be done quickly and that all of Commissioner Thomas McTygue=s questions would be answered. Commissioner Thomas McTygue said he had sent several letters to the County and has had no response. He pointed out that regardless, the County will still have to undergo the DEIS just as the City did and they too will need to look at alternate water sources. Phil Klein said yes, however, the County was in a unique position because they own a considerable portion of the land that they plan to use for the water line. Commissioner Thomas McTygue said the County did not own all of the land. Commissioner Stephen Towne asked when Phil Klein anticipated coming back to the City with answers. Phil Klein said he was not sure of all of the Council=s questions. He said the water committee met today and the chair of that committee indicated that a letter would go out to all interested municipalities asking for their commitment and what their gallon usage might be. He said they continue to move along on this project. He said he anticipated quick responses from the interested communities. He said they believe that the City is only one of six or seven interested municipalities. Commissioner Stephen Towne asked if this commitment from interested communities would be a formal document signed by someone who has the ability to make that commitment on their behalf. Phil Klein said yes. EXECUTIVE SESSION Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:45 p.m. for personnel discussion. Ayes all. Council members returned at 10:00 p.m. and reported that no action was taken. ADJOURNMENT Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 15, 2003 Page 16 of 16