City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 1, 2003 7:00 P.M. PRESENT : Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor STAFF PRESENT : Bruce Brown, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Christine Gillmett-Brown, Deputy Commissioner Finance Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC COMMENT PERIOD Wilma Koss, 160 Kaydeross Park Road, said she had been following the water issue for some time now and was concerned that the Democrats want to draw water from Saratoga Lake. She said water could be obtained from Amsterdam or the County. She said that perhaps the Luther=s Forest proposed development might want to tie into the system. She applauded the effort to extend the public hearing process and urged the Council to adopt the proposal to extend the public comment period. Joe Finn, SLIPD Commissioner, said SLIPD board members volunteer their time to find ways to enhance Saratoga Lake for recreational use. He said over the years, the milfoil problem had been reduced and they have also collected a lot of data on the use of sonar. He urged the Council to extend the public hearing time period. He said the Council needs to hear all of the facts and read all of the data before declaring the document complete. He said it would be much easier for the Council if all of the data was in one document. Sanford Bacon, Cliffside Drive, said he recently purchased a home here because of the City=s ambiance. He said he visited his grandparents here often as a child and they have now decided they want to live here. He said that he appreciates the lake and supports the association maintenance of the lake. He said there are also a number of new people in the development that support the lake. Todd Scott said he moved to Saratoga Springs about a year ago and he needs to do some renovation work on his home. He said he has been waiting 10 1/2 weeks for a building permit and he found that excessive. He said this is an issue for residents and the process needs to be reviewed and sped up. MAYOR Renewable Energy Trust B Presentation Larry Toole said he was here this evening to make a brief presentation to the Council on the Renewable Energy Trust program. He provided the Council with a Power Point presentation on this matter. He said there are several aspects to the renewable energy trust program. He said the first was the business aspect. He said in today=s world there is a growing concern on the effects to the environment by burning fossil fuels and cutting down trees, all of which contributes to global warming through the increased CO2. He said there is a momentum building to do something about global warming and polices are being instituted. He said Europe has been particularly aggressive. He said New York State has taken the lead with the Greenhouse Task Force and the study that came from that group urging action on this matter. He said the City is fortunate to have a Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 greenhouse gas inventory study so there is a baseline existing for the City to work from. Larry Toole said one way to decrease this problem is by shifting to renewable energy such as wind, solar, etc. He said such sources are Agreen tagged@ and then sold on the open market. He said renewable energy is becoming cost effect. He said the funds from the purchase of these green tags are used to offset activities caused by pollutants. He said working locally the City could capitalize on its attributes such as Athe city in the country@ and proximity to the Adirondacks. He said the City is an event hub, meaning that events such as the track, convention center, SPAC, etc., draws people to this area. He said those events in turn increase the CO2 because of transportation to get here for the event, land use development (loss of trees for development), etc. He said the green tags purchased could be used to offset those effects to the environment. Larry Toole said there are people/corporations willing to sponsor those offsets and gave the example of a corporate sponsor at SPAC or at the track. He said they would purchase these green tags, hold the funds in a trust and those funds would be used to mitigate the CO2 concerns. He said mitigation features include solar panels, wind farms, etc. He said sponsors would come forward because environmental stewardship is becoming very interesting to corporations. He pointed out that one of the recent Olympics was recently environmentally friendly because of sponsorship and green tags. Larry Toole said this is a win/win situation. He said businesses would be interested, the City=s environment would gain from the mitigation, the City=s reputation for being environmentally friendly would be enhanced, etc. Mayor Kenneth Klotz thanked Larry Toole for this presentation. He said this is something the Council should think about and follow up on. The Springs Numbering B Discussion & Vote (03-114) Mayor Kenneth Klotz said this has been a longstanding issue and he would not go through its history in its entirety. He said to simplify matters, The Springs numbering system is not in compliance with the City=s ordinance. He said since 9/11 there has been a push by local governments to correct parcel numbering. He said he has talked to a number of the residents in this development and he appreciated their thoughts and comments. He then read into the record, a letter from Vaughn Woodworth on behalf of the residents in The Springs to maintain the existing numbering system. Mayor Kenneth Klotz said he had discussed this matter with Commissioner Thomas Curley and he understood that neither the Fire Department nor the Police Department had any concerns with the existing number system and in fact, there had not been an instance where a home was not found in an emergency. He said, though, he believed that because of the issues on emergency responses, he would not support their request to maintain the existing numbering system. He said he had asked Al Dewey, County 911 representative, to be here this evening to discuss his concerns, however, he was not able to attend. He said, though, Al Dewey was not supportive of maintaining the existing numbering system, although he had no authority to force the City to make The Springs compliant. Paul Male, City Engineer and volunteer EMS staff, said he opposed any exception to this ordinance. He said there had been concerns expressed by surrounding communities in finding locations because of the numbering system. He said it was reasonable to expect that City residents are compliant with the code. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept The Springs Neighborhood Association numbering system to not comply with the City =s ordinance. Commissioner Thomas Curley said he had spoken with Al Dewey, Vaughn Woodworth and the residents of The Springs. He said there are a number of mitigating circumstances in this development and what is most important is that there had not been any incidents where an emergency vehicle had not been able to locate a home. He also pointed out that there are a number of communities that do not comply with the county wide system. Therefore, he would support their non compliance. Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 Commissioner Thomas McTygue asked what might the potential litigation be if the Council was to support this noncompliance. Vaughn Woodworth said he did not believe that it would be an issue. Commissioner Thomas McTygue asked what was the Risk Manager=s position on this matter. He asked if the Council would be putting itself in a liable situation. Mayor Kenneth Klotz said it is clear that the residents want this noncompliance and further noted that a petition had been submitted. Commissioner Thomas McTygue suggested that the City Attorney or the Risk Manager review this matter. Vaughn Woodworth said if the City was to be sued, it would have happened before this time. He said the residents did not know that they were noncompliant. Commissioner Stephen Towne said this was not a risk management issue but rather a City Attorney matter. Paul Male said his department had been systematically reviewing the street numbering system and they are following the County guidelines. He said he was concerned with setting a precedent for making exceptions. He said he was also concerned that as a member of the volunteer EMS services in Wilton, they frequently come into Saratoga Springs. He said while he knows all of the streets, there are members of the squad who don=t. He urged the Council to have The Springs become compliant with the code. Commissioner Michael Lenz noted that there are exemptions in other communities and he was not sure this would set a precedent. He said because this was under Commissioner Thomas Curley=s jurisdiction and Commissioner Curley seemed confident that the existing number system was appropriate, he would support maintaining the existing numbering system. Commissioner Thomas Curley said there were a number of mitigating factors and that while he valued Paul Male=s opinion, he believed the existing number system was appropriate. He said each request for noncompliance would be based on the merits of the case. Commissioner Thomas McTygue said he would like the City Attorney=s opinion. Jeff Wait, City Attorney said he did not believe that the City would be liable for adopting noncompliance. Ayes: three (Commissioners Stephen Towne, Michael Lenz and Thomas Curley); Nays: two (Mayor Kenneth Klotz and Commissioner Thomas McTygue). Motion approved. Camp Saradac Director Amendment B Recreation Department Linda Terricola said this agreement had been presented to the Council a few meetings ago, however, the wrong amount had been listed. She said the correct dollar amount should be $4,500. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with the Camp Saradac Director in the amount of $4,500. Ayes all. Donations Linda Terricola reported on the donations in connection with the Skate Park. Linda Terricola reported that a letter had been sent to various local businesses soliciting additional donations for the skate park. She said the park would be open on July12 at 11:00 a.m. with a ribbon cutting ceremony and she invited Council members to attend. She informed Council members that the skate bowl had been designed by former Saratoga Springs City resident Jeremy Fish. She thanked Commissioner Thomas McTygue, Tony Izzo and Marilyn Rivers for their work on the park and the safety guidelines and standards. Commissioner Michael Lenz said that the letter sent to the local businesses said there was a $20,000 deficit. He asked how much of that had been covered. Linda Terricola said that approximately $10,000 had been donated so they were still in need of $10,000. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the following donations: Pallette Stone, $3,010; Stewarts, $3,000; WGY, $200; Holiday Inn (donation of room totaling Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 $2,849); Grand Union Motel donated one night stay at $100; Northwind Graphic Artists, $120; Allerdice Building Supply, $1,000; Spring Street Deli, $200and Ben & Jerry =s, $250. He also informed Council members that Pompa Bros, Inc., donated $4,200 worth of asphalt for the street hockey courts at the Vernon Ice Rink. Ayes all. ACCOUNTS DEPARTMENT Skate Park Loss Prevention Policy (03-115) Commissioner Stephen Towne said the Playground Site Safety Inspection Policy and check list had been distributed to Council members. He said it had been reviewed with both the Recreation Department and DPW and adopted by the Safety Committee. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the Council accept the recommendations made by the Safety Committee with respect to the Skate Park and those recommendations be forwarded to the Mayor =s Office, the Accounts Department and DPW for implementation by those departments (Attachment A). Mayor Kenneth Klotz asked for clarification that the City Attorney=s Office did review this document. Marilyn Rivers said Tony Izzo, Assistant City Attorney, reviewed the documents. She further explained that this was simply a paper trail of what the Recreation Department does every day but will now allow for written documentation of the maintenance records. Linda Terricola said the supervisor on staff every day will go out and check the equipment documenting that check. Ayes all. MAYOR =S OFFICE Waive of Quote Geyser Park Playground Structure Mayor Kenneth Klotz withdrew this item from discussion. Grant Application for Archaeological Management Plan (03-116) Mayor Kenneth Klotz said the Council had received a recommendation from the Design Review Commission to submit a grant application under the Local Certified Government Program (CLG) for a downtown archaeological management plan. He said an outline of the details of the program was distributed to all the Council members. He said the project would attempt to identify the possible location of important cultural and archaeological resources in the downtown area and surrounding older commercial areas and set up procedures to investigate and/or protect those resources. He said the grant application is due on July 15 to the NYS Office of Parks Recreation and Historic Preservation. Mayor Kenneth Klotz said the estimated cost of this project is $15,900 and the DRC has proposed to submit a grant requesting up to $9,540 in state funding that is to be matched with in-kind services of $6,360. He said there is no adverse budget impact because the required cash match for this grant would be provided by in-kind staff services mostly from the Planning Office. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded that the Mayor be authorized to submit the grant application in an amount not to exceed $15,900. Ayes all. Planning Board Traffic Consultant Contract Amendment B Vote Mayor Kenneth Klotz said the Council had received a recommendation from the Planning Board to revise the upset amount from $5,000 to $7,000 on the contract for the traffic consultant who is assisting the Board with Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 the review of the traffic impacts of the Marion Avenue Hotel/Condo project at 52 Marion Avenue. He said the project applicant will reimburse the City for all expenditures on this contract. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Mayor be authorized to sign the contract amendment to increase the upset figure from $5,000 to $7,000. Ayes all. Concert Series Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept the donations for the three music concert series during July and August. He said the donations were for the July Spa City Band Concerts in the amount of $6,000; Stewarts $375; Henry & Alayne Trombley $100; Ruth Lakeway $100; and Nicholas Frirsz, $50 and Ben & Jerry =s $500; July Chamber Music Series in the amount of $2,625 and the August Multi Cultural Music Series in the amount of $5,100. Ayes all. Saratoga Shakespeare (03-117) Mayor Kenneth Klotz said he had circulated a memo requesting $16,000 for the Saratoga Shakespeare Company to guarantee their performances in Congress Park. He said he had not received majority approval from the Council on that request and Commissioner Stephen Towne had subsequently circulated a memo for a smaller dollar amount. He said he would withdraw his proposal and was prepared to discuss Commissioner Stephen Towne=s request. He said there were some good points to be made on all sides. He said the City should do more to help the not-for-profit organizations. He said these relatively small dollar amounts can often make a big difference to the organizations. Mayor Kenneth Klotz said during the last budget process in November there were conversations on the anticipated revenues and at that time they believed the City was at the break even point. However, since closing the books there is 1.2 million more available than anticipated. Mayor Kenneth Klotz said it was his understanding that the Special Assessment District had withdrawn its support for the Victorian Street Walk and he would at some point request support for that event. America on the Move Mayor Kenneth Klotz said there is an initiative by the National Center for Health on engaging the community and promoting a healthy life style. He informed the Council that Laura Simmons, executive director of the National Center for Health, would be in Saratoga Springs on July 21 to give a presentation at The Saratoga Hospital. He said this is an interesting topic and there are ways for the City to become involved. He said he may return to the Council for a request for some formal involvement. Gideon Putnam Cemetery (03-118) Mayor Kenneth Klotz said the Saratoga Springs Preservation Foundation has proposed an agreement between the City and SSPF on stewardship of the Gideon Putnam Cemetery and that agreement had been circulated to Council members. He said some of the key points would allow for the SSPF to be involved in the oversight and restoration of the cemetery, to provide annual clean up and the City shall provide regular maintenance such as mowing. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the agreement between the City and the SSPF for stewardship of the Gideon Putnam Cemetery. Geoff Bornemann, City Planner, said the City=s acceptance of the document would allow the SSPF to apply for state grants for funds to be used for the restoration of the cemetery. He said before they can apply for the funds there needs to be an agreement in place showing the City=s support. Commissioner Thomas McTygue said there is a need for funding for restoration of the cemetery. He said that only very recently the flower crew spent quite a bit of time in the cemetery mowing and weeding. He said there is some major work that needs to be done at the cemetery. Commissioner Michael Lenz asked about Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 Greenridge Cemetery. Geoff Bornemann said there needs to be a relationship with the property between the City and SSPF before the SSPF can apply for state grant funds. Ayes all. Right of Reverter Document Tony Izzo, Assistant City Attorney, said this request was from the homeowner=s title insurance company. He explained that this home is part of the SHIP project from several years ago. He said under the original mortgage agreement the City subordinated its interest and now the homeowner wants to refinance and the title company is requesting a subordination of right of reverter agreement. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for the City to executive a document subordinating those same rights to her new mortgage company. Ayes all. Beekman Street Art District Mayor Kenneth Klotz announced that on July 6 at 1:00 p.m. there will be the grand opening of the Beekman Street Art District. He invited everyone to attend. Other Mayor Kenneth Klotz announced that Kristen Borsey, immigrant from Poland, writer for a Polish news magazine was in the audience this evening to do a review a on local government in small cities. ACCOUNTS DEPARTMENT Approval City Council Minutes B June 17, 2003 Commissioner Stephen Towne moved Commissioner Thomas McTygue seconded to approve the June 17, 2003. Ayes all. Award of Bid B Forestry Type Chip Dump Body Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the Forestry Type Chip Dump Body in the amount of $20,409 (only company meeting specifications). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines . Ayes all. Risk Management B Monthly Report Marilyn Rivers reviewed the progress of the safety committee. She said they have adopted the skate park safety checklist and policy with minor revision and the skate bowl was recently striped with yellow hazard paint. She said they are reviewing the workers= compensation trend analysis, loss prevention education and the fleet safety program. She noted that there have been fewer personal protective gear injuries given the increased use of safety gear. She said that Paul Male, City Engineer, would explore a loss prevention snowplow training program. She said labor counsel has reviewed the fleet safety program and adjustments are being made and an offer had been made by the Risk Manager to meet individually with Commissioners and the Mayor to discuss their concerns. She said the Hold Harmless Agreement has been successfully implemented and the wading pool safety signs have come in and will be installed. Marilyn Rivers said under risk management enhanced technology had been introduced for computation of the City=s monthly census; the workers= compensation forms have been revamped and provided electronically to each Deputy Commissioner; incident, claims and litigation protocol had been completed in cooperation if the City Attorney=s Office; DPW has completed review of fixed assets in the Music Hall, City Council Chambers Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 and a portion of the Casino; forms and tags have been given to Kevin Kling to tag new computer equipment and MUNIS training for fixed assets had been held; under claims management the accident involving a parked DPW truck was settled and the City was able to recoup the $2,893.57 and two small claims court cases involving snow related claims was solved. Commissioner Thomas Curley asked for a copy of the protocol developed with the City Attorneys Office. Skate Park Loss Prevention Policy Previously discussed. Tom Hesnor, Engineering Services Commissioner Stephen Towne withdrew this item from discussion. Reassessment of City Property Commissioner Stephen Towne updated Council members on the reassessment process as follows: B The project work plan was developed and approved in April. B As part of our approach to this project, the Accounts Department has and will continue to distribute press releases informing the public of different activities and progress to date on the project. B The daily verification process began in May with a review of 8,000 residential properties (part of the more than 10,000 parcels in the City). In June, the commercial data verification of 1,500 parcels began and will near completion shortly. B Information that has been gained from the data collection process that represents changes to our existing data is being input within the Accounts Department. The data entry is going smoothly at this point. B Change in technology from Version 3 to Version 4 will take place in July and training is scheduled to accomplish that conversion. We had hoped to do this simultaneously with this review and are doing so. We will have CLT reps familiar with Version 4 as well as the assistance of ORPS to participate in both the reassessment process as well as the conversion. B During the fall we will get into the field review of values that will take place in the fall. Also during the summer months, data mailers showing the verified property data will be mailed to property owners, following completion of the field activity. B Presentations have been made to various community groups and will continue. Records Management/Archive Grant Proposal (03-119) Commissioner Stephen Towne announced that last week, the Accounts Department Records Management Office received notification from Senator Hugh Farley=s Office that the City of Saratoga Springs had received approval of a grant application in the amount of $14,466 from the New York State Archives Local Government Records Management Improvement Fund for an Active Record Indexing and Access project. Nancy Wagner, Records Retention Coordinator, said this was a team effort and this grant could not have been obtained with the assistance of Lynne Brown, Nicole Wells, Barb Johnson & Kevin Kling. She said this particular grant will benefit more departments within the City than any other grant received. She said this grant will essentially allow for Aone stop shopping@ for residents and staff. She said there are more than 736 cubic feet of files. She said there is an average of 7,120 building permits application, 279 applications to the Zoning, Planning and Design Review Boards and 59 requests for property information per day which prompted the staff to seek solutions to its active record access problem. She said at an average pay of $17.10 per hour, the cost equivalent of $168.15 in staff time per day is spent researching property information that is currently spread out in four separate data bases in five different offices. She said the MUNIS building permit and code enforcement software will link all offices to the same property information to improve service to constituents, increase Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 information retrieval and accessibility, reduce errors and save money in staff time. Nancy Wagner said when this software is fully implemented the information will be available on computer through the City=s secured network. She said code enforcement, planning, zoning, building inspectors, tax collection and property assessment information will be readily available to designated City Hall personnel. She said this should expedite the permitting and approval process because the time now spent in researching and responding to inquiries will be reduced by about 75 percent. Commissioner Stephen Towne said Nancy Wagner has been responsible for generating more than $180,000 in grants over the last 12 years which has been no small matter since the state has been tightening their belt on awarding grants. He said this was due in no small part to the quality of the proposals submitted by Nancy Wagner. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the acceptance form to receive a non-matching grant award in the amount of $14,466 from the New York State Department of Education Local Government Records Management Improvement Fund. Ayes all. Cost Control Associates Commissioner Stephen Towne reminded Council members that the Council approved a contract with Cost Control Associates on December 3, 2002, to review the City=s invoices for cost savings from various vendors in several areas include: natural gas, electricity, propane gas, etc. He said Cost Control Associates in nearing completion of the first phase of this contract and the refunds are beginning to come to the City. He said todate, the City has been issued three checks from Niagara Mohawk totaling $5,986.48. He said that Cost Control Associates needs to be paid 45 percent of those savings. Commissioner Stephen Towne said he would continue to keep the Council informed on the amount of refunds from Niagara Mohawk. Saratoga Shakespeare Company (03-117) Commissioner Stephen Towne said on June 16, 2003, I met with Carol Godette and Dan Gail of the Saratoga Shakespeare Board of Directors. He said the purpose of that meeting was to explain the current financial plight of their organization resulting in a request for his support for $10,000. This request was contingent upon a failure to receive member item funding from Senator Joe Bruno=s Office and they have not yet heard from Senator Bruno=s Office on that funding. Commissioner Stephen Towne said in the City Council meeting that followed his meeting with Carol Godette and Dan Gail, Bill Finaly indicated a projected $17,000 shortfall of revenues that could jeopardize the entire performance program. He said that this past Friday, Mayor Klotz circulated a memo for approval seeking $16,000 from the City surplus to fund the projected shortfall. Commissioner Stephen Towne said he had subsequently spoken with Carol Godette and through her to her Board of Directors. They believe that the program can go on with the partnership level of support package from the City under the following terms: B The organization develop and pursue alternative fundraising including the scheduling of any new events and pursuit of personal solicitation to a list of individuals that they develop. B This is a one time only stop gap measure and future funding must be considered following the same procedures as other not-for-profit organizations follow during our budget time frame. B The amount utilized from the Aline of credit@ that the City would provide would be treated as a loan and subject to repayment if funding was received by the state up to the amount that the organization borrows from the City. Should the organization not receive funding from the state, then the Aloan@ would be forgiven. He said he had asked Commissioner Lenz and his staff to determine the appropriate mechanics behind a loan/repayment arrangement. Commissioner Stephen Towne said that he was supportive of this issue as the organization adds value to the Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 City, they are in a last minute bind and he was comfortable that they are taking steps to Aown@ as much of the responsibility of this burden themselves. He said that it was also useful to note that although the performances are advertised as free, they do in fact solicit a voluntary contribution, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo for the proposal under the terms indicated. Mayor Kenneth Klotz said that although he would support this motion he did not believe that it was enough. He reminded Council members that this organization had funded themselves for the past three years and this was only an emergency stop gap measure. He said the City needs to look at the long term viability of this project and must also consider how the quality of life for the residents is enhanced by this program. He said he hoped that the proposed dollar amount was enough. Commissioner Stephen Towne said he had spoken with both Carol Godette and Dan Gail and they have assured him that the proposed $10,000 was sufficient. Ayes all. HazMat Truck and Related Equipment Commissioner Stephen Towne said when the City renewed its insurance coverage this past April, it was for assets we had in place. He reminded Council members that at that time he said he would return to the Council to seek additional funds to cover the cost of increased premiums due to additional assets being placed under the policy. He said as a result of the HazMat truck coming on board, the City needs to insure that piece of equipment. He said the cost to cover that piece of equipment is $1,511.40. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded that the Council amend the insurance budget by $1,511.40, with that amount coming from contingency. Commissioner Thomas McTygue asked if the County would reimburse that amount to the City. He reminded everyone that the County had purchased this truck but the City would staff the truck. He also noted that the truck would be housed n the City. He said there will be times when this truck leaves the City to accommodate the entire County. He pointed out that it was only a small amount and the County should be asked to pay this. Commissioner Thomas Curley agreed that this was only a small amount, however, noted that the agreement with the County for this arrangement had already been executed. He said there are tradeoffs for the City in that the truck will be located in the City, the City will operate it and we had already agreed to pay for this insurance coverage. Commissioner Thomas McTygue agreed that there were tradeoffs but noted that the City will pay the overtime to staff the truck when it needs to go out. He asked if the City Attorney had reviewed this document. Jeff Wait said a memo had been circulated addressing these concerns. Commissioner Thomas Curley said the City could ask the County if they would consider paying this cost. Ayes all. Land Trust of the Saratoga Region B Set Public Hearing Commissioner Stephen Towne requested that a public hearing be set for Tuesday, July 15, 2003, at 6:55 p.m. on the Land Trust of the Saratoga Region matter. Council members agreed. Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 Extension of time to hold public hearing on water source development Project (03-120) Commissioner Stephen Towne said the amended resolution passed in January indicated that the Council was in control of all of the time frames associated with the DEIS and the SEQR process. He said the original public hearing was to conclude on July 6. He said over the last couple of months, he had been talking with Rich Straut and Doug Ward and he asked for clarification on where we are in the process. He said he also asked for a memo which would outline the steps that we are still to take and the time frame in which to take them. He said he did receive a fax today from Doug Ward on this matter. Commissioner Stephen Towne said that he would like to propose that we extend the public hearing until August 5. He said by or before that time, the City will conclude as to whether or not the public hearing should end or whether it should be extended again. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the Council extend the public comment period on the alternate water source project until August 5, that a public hearing be set for Tuesday, July 22 at 7:00 p.m. and that on August 5 the Council schedule a vote to close the public hearing process. Commissioner Stephen Towne said this was too important o let the public hearing process lapse to conclusion. Commissioner Thomas McTygue asked specifically what did Commissioner Stephen Towne want. Commissioner Stephen Towne said he wanted to extend the public hearing process for one more month. Commissioner Thomas McTygue asked if Commissioner Stephen Towne wanted to take this process away from DPW. Commissioner Stephen Towne said he was willing to work with DPW. Commissioner Thomas McTygue said his department had been working on this matter for years, they have had many meetings and the entire process has been very open. He said there are people who are opposed to using Saratoga Lake and they were opposed before this process began and continue to be opposed. He said the DEIS was not his but rather it was done for the residents of the City. He said people are opposed because they believe the democrats have taken over the process. He then compared the City=s information to the County=s report noting that the City has a pile about 18 inches thick and the County has a 50-page report. He said the County is still talking about design and they have a very lengthy process to go through yet. He said it is not a simple thing to go from the upper Hudson and follow the railroad beds. He reminded Council members that the County has had a water authority for more than 12 years and have not yet put a pipe in the ground. He pointed out that the county has reduced the cost of their plan from $92 million to $72 million by simply reducing the pipe size. He said the proposed chip plant in Malta would not be interested in buying processed water but might be interested in raw water. He also noted that the County plan was not really using the upper Hudson but rather it was from South Glens Falls. He said the process to treat the water from the upper Hudson is much more costly. Commissioner Thomas McTygue said Commissioner Stephen Towne had already compromised his position by placing a sign on his front lawn supporting the County plan. Mayor Kenneth Klotz said he was concerned about violating the charter in that the charter specifically states that DPW is in charge of water. Commissioner Thomas McTygue said Commissioner Stephen Towne was simply stalling the process, increasing the cost, putting forth his political agenda and furthermore compromised his position by placing a sign on his lawn. He asked if Commissioner Stephen Towne was interested in abandoning the Geyser Crest fields and the City=s filtration plant. He said that was what Commissioner Stephen Towne was saying through this sign. Commissioner Michael Lenz said he appreciated all of the comments. He said this motion would simply allow for one more public hearing and then a vote in August. He said this motion was to extend the date and not to debate the validity of the water source. Mayor Kenneth Klotz said Commissioner Thomas McTygue was expressing his objections to the motion and there was no reason to not allow the discussion to continue. Commissioner Michael Lenz said there needs to be some common courtesy. Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 Commissioner Thomas McTygue said this was an issue for the residents of this community. He reminded everyone that the SLA sued the City, but ultimately withdrew their suit when they discovered the contamination to the lake was coming from the camps on the lake. He said Saratoga Lake is owned by New York State and the Department of Health has already stated that there will be no restrictions of impact to the lake with thisplan. He said he would like to see the quality of water from South Glens Falls. Commissioner Thomas McTygue said he was willing to support Commissioner Stephen Towne=s motion but he wanted answers to his questions. He said neither of the supervisors has come to his office to discuss the water issue with him but they go across the bridge to the surrounding towns. He said this proposal will increase the value of the lake and he was frustrated with the continued negative comments on this plan. He said the surrounding towns are not ready to sign on. He said the county wants the City to sign on and guarantee three millions g.p.d. when during the winter months we do not pump that much. He said during the summer, the City may pump as much as six million g.p.d. He said there should be a directive to the City Planning Board to put a freeze on new development such as the hotels, convention center and NYRA. He said he has tried to contact NYRA about conservation issues but they have not yet responded. Doug Ward said a confidential memo addressing the proposed extension was circulated today. He explained that the Council had already made the determination that the public comment period would close on July 7 and the City would then propose a final EIS and release that document to the public for comments. He said the City has held many public comment sessions and noted that after the FEIS there would be another public comment period and then a findings statement. He said at that point, the Council would need to make a determination on the viability of this project. He said there has been a lot of discussion on choosing one proposal or the other but before the Council can choose the County proposal, they must go through the SEQR process. He said that the County plan has been part of this process. He noted there is also the option of Amsterdam and/or Glenville water sources. He said the City has allowed six months for the public comment period and at some point there needs to be a rational basis on why there should be an extension. He informed Council members that the expense for another public hearing is considerable. He said if the Council simply wants to extend the public comment period without another public hearing the expense would be reduced. He said once the public comment period ends, it simply ends and there is nothing for the Council to do. He said if the Council wants to have another public hearing, the date needs to be established and it must be advertised. Commissioner Stephen Towne said he was proposing that another public hearing be scheduled for July 22 at 7:00 p.m. Commissioner Thomas McTygue said his department would not pay the expense for another public hearing. Doug Ward said the closing date for the public comment period must also be established. Commissioner Stephen Towne proposed August 5. Doug Ward said the Council did not need to do anything to end the public comment period. He said it would just end and then the City would prepare the Final EIS. Mayor Kenneth Klotz said he was concerned with litigation and whether we are following the proper procedures. He questioned whether this might be a careless step in the process. He said he would like some assurances that the proposed extension of one month was acceptable for the SEQR guidelines. Doug Ward said there is a minimum amount of time necessary between the public hearing and the closing date of the public comment period. He said he needed to do a little research to determine if the length of time between July 22 and August 5 was appropriate. Commissioner Michael Lenz asked if the Council needed to vote to close the public comment period. Doug Ward said no. Commissioner Thomas McTygue said Commissioner Stephen Towne should have discussed this matter with his Department before bringing this motion forward. Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 William McTygue said if Barton & Loguidice representatives were here this evening, he was sure that they would say that a comprehensive analysis addressing all of ideas and proposals had been done. He said holding another public hearing during August was difficult for many people and prolonging this process simply drives up the cost. He said the City has had a very open process on this matter and wondered what additional information could be gained by holding another public hearing. He said he had no problem keeping the public comment period open another 30 days. Mayor Kenneth Klotz said the City has already endured several delays and no rationale for this delay was presented this evening. He said the City has bent over backwards to have a long comment period. He said he was also concerned about violating the charter. He said this is a direct slap in the face to the charter and is very ill advised. Commissioner Stephen Towne said he has spoken with Rich Straut, Barton & Loguidice and Doug Ward, and in turn they speak to Commissioner Thomas McTygue. He said although there had been one public hearing, he wanted to afford the citizens of Saratoga Springs one last opportunity to discuss this proposal. He said he did not want to drag this on and waited for Commissioner Thomas McTygue to place this on his agenda but he chose not too. He said this was too important to let it lapse to a conclusion. Commissioner Thomas McTygue said there have been many, many opportunities for the public to comment on this document. He said there were two days of scoping sessions, letters were sent to hundreds of people, they met with SLIPD, SLA, state agencies, surrounding governments and many other interested parties. He said there were many opportunities for the public to comment. He also noted that the material was on the City=s WEB page. Commissioner Thomas McTygue said every time Commissioner Stephen Towne asks the City=s consultant something on this matter, the clock is ticking. He said that Commissioner Stephen Towne has run up the cost in the hundreds of thousands of dollars on research requested by him. He said he has paid all of those bills but he was not willing to run the clock any more. Doug Ward said after a little research there is enough time between the July 22 date and August 5. He said there needs to be a minimum of ten days. Commissioner Thomas McTygue again said that he would not pay for another public hearing. Ayes: three (Commissioner Stephen Towne, Michael Lenz and Thomas Curley); Nays: two (Mayor Kenneth Klotz and Commissioner Thomas McTygue) Motion carried. FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: June 20, 2003 -- $432,250.14 and June 27, 2003 B $346,622.06. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 1JULY03- -- Warrant 2-27 General Fund $ 210,859.97 City Center Authority 2,218.59 Water Fund 28,619.84 Sewer Fund 2,972.75 Capital Project 282,426.45 Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 8,372.55 $ 535,470.15 MC030625 - Warrant 2-9 General Fund $ 1,723,252.50 City Center Authority 23,405.00 Water Fund 1,127.38 Sewer Fund 578,114.38 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 2,325,899.26 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment C). Ayes all. Fireworks Donations Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to accept the donations from Ben & Jerry =s, Special Assessment District, Adirondack Trust Company, Allerdice Building & Supply totaling more than $3,000 for the July 4th fireworks celebration. Ayes all. Sales Tax Exemption (03-113) Commissioner Michael Lenz said he initially thought the City should opt for the permanent exemption. However, after obtaining information from the state, it appears that it would be too costly for the City to have a permanent exemption. Therefore, he asked the City attorney to draft a resolution whereby he recommended that the City approve the two, one week exemption periods. He said he estimated the loss of approximately $18,000 in sales tax for those two, one week exemption periods. Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the resolution of the City Council electing temporary exemptions from sales and compensating use taxes for receipts from retail sales of, and consideration given or contract to be given for certain clothing and footwear as presented. (Attachment D). Ayes all. Parking Report (03-121) Commissioner Michael Lenz said at the last meeting there was a presentation from the parking committee on Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 possible short term solutions. He said he also had received the comments from Mayor Kenneth Klotz concerning the report and had forwarded those comments to Harvey Fox, chair, of that committee. He said that committee continues to work on long term solutions. Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to accept the short term parking recommendations as presented by the parking committee (Attachment E). Commissioner Michael Lenz said the Special Assessment District has been involved in this process and they have appropriated $7,500 for parking improvements. He said most of that would go toward signage. He also reminded Council members that there is $200,000 in the parking fund. He further noted the City Center Authority is willing to pay for signage for work in front of the City Center. Commissioner Michael Lenz said not included in the report is an agreement with Frank Parillo, owner of the former car dealership behind City hall, who will provide 50 parking spaces during the summer months. He said a Hold Harmless agreement needs to be signed for that arrangement. Mayor Kenneth Klotz asked what was the cost of the short term recommendations. Commissioner Michael Lenz said they estimate approximately $7,500 which will be funded by the Special Assessment District; but if that amount is exceeded, additional funds could be drawn from the parking solution fund. Mayor Kenneth Klotz said it was important to act quickly. He noted that Assistant City Attorney Tony Izzo had thought that many of the issues could be taken care of administratively. Tony Izzo said in some cases it may be necessary to hold a public hearing which would prolong the process, but many of the changes could be done by the Commissioner of Public Safety without Council approval. Commissioner Thomas McTygue suggested that the Woodlawn Avenue parking lot be two hour parking. He also noted that there had been concerns expressed by the Special Assessment District in that they are now requesting an itemized invoice for the work performed by DPW. He said that he wanted an approval from the SAD for work to be done, before his DPW crews would do the work. Ayes all. DEPARTMENT OF PUBLIC WORKS Energy Study Paul Canone, Wendell Duchsherer Company, said DPW had previously identified a need to reduce the City=s energy consumption. He said Commissioner Thomas McTygue invited his firm to come to the City and perform a survey to identify potential measures to reduce energy consumption. He said they have met with staff and developed a work order plan which is the culmination of the survey. He said the work order plan has a scopeof work with specific measures that they believe will decrease the City=s energy consumption. He recommended that the Council consider implementing this work order plan. Commissioner Thomas McTygue thanked Paul Canone for this brief presentation and said he would return to the Council with more information at a later date. Building Permits Tony Izzo said there had been some issues with the City=s Zoning Ordinance in connection with insurance requirements. He said he would be doing some research on that issue and if it was necessary that the dollar amounts be changed he would return to the Council with that request. He said it would be necessary to hold a public hearing on that matter. Commissioner Thomas McTygue said under the new charter, the Engineering Department will fall under his department. He said he has recently taken an interest in the amount of work that crosses over between the Engineering Department and the Building Department. He said when the Engineering Department falls under his department, the Building Department could change dramatically. He said he is still in the process of becoming more familiar with the workings in the Engineering Department and he would be meeting with both Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 1, 2003 the City Engineer and the Mayor to discuss this transition. He said though he was concerned because of the backlog in building permit process. He said these are issues that need to be addressed. He suggested that small scale projects such as sheds, decks and pools be handled differently so they are not sitting around for weeks. Mayor Kenneth Klotz agreed these were important issues to discuss during the transition period. DEPARTMENT OF PUBLIC SAFETY Aerial Fire Truck (03-122) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to confirm the previous approval by memo for the purchase of the aerial fire truck in the amount of $761,561 from Pierce Fire Truck Company. Commissioner Thomas Curley said this was a tremendous opportunity for the City. He said the company has agreed to wait until 2004 for payment and the City will save more than $100,000 because this is a demo model. He said this truck does not have all of the necessary equipment though. Ayes all. NYRA/Fire Truck Contract (03-123) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the annual contract with NYRA for the City to provide a vehicle and services of firefighters at the track during the racing season. Ayes all. 50 Cent Concert at SPAC B Update Commissioner Thomas Curley said the recent concert at SPAC required the City police force to work with several other law enforcement agencies. He said they worked with the NYS Police, the County Sheriff=s Office, the District Attorney=s Office and gang units of those departments. He said there were more than 100 uniformed police officers at this concert and there were no major incidents. Commissioner Thomas McTygue said he had some discussions with The Saratoga Hospital and it was his understanding that concerts such as these create quite a burden for them too. He said while these concerts benefit the City, it also adds a substantial burden to the community. He said there should be a committee that examines the benefits and the burdens of special events. He said perhaps there was a way that there could be a tax on the admission fee which could cover the cost of additional City staff. He said cleaning up the parking lots after concerts was a tremendous ordeal. Commissioner Thomas Curley agreed. He said it was good that the City was able to work with the surrounding law enforcement agencies and was glad for their assistance. ADJOURNMENT Commissioner Thomas Curley moved and Mayor Kenneth Klotz 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, July 1, 2003 Page 16 of 16