City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 5, 2003 6:55 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 Phil Klein, Supervisor STAFF PRESENT : Bruce Brown, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner, DPS Christine Gillmett-Brown, Deputy Commissioner, Finance Deborah Harper, Deputy Commissioner, Accounts Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING Special Livery Ordinance Commissioner Stephen Towne reminded Council members that at the June 17 Council meeting he announced the formation of the Special Livery Ordinance Committee that was charged with creating an ordinance to regulate Aspecial livery services@ within the City of Saratoga Springs. He said this ordinance includes special livery services such as horse drawn carriages, limousines and antique cars. Tony Izzo then reviewed the minor typographical errors in the ordinance. He noted that unlike the previous ordinances recently adopted by the Council this was a new ordinance. He said special livery vehicles are not like taxi cabs. He said that generally speaking special livery vehicles are used for recreational use. Tony Izzo then reviewed the ordinance with Council members noting that Article II was for equine drawn vehicles and Article III pertained to motorized special livery vehicles. Mayor Kenneth Klotz asked if this committee reached out to those individuals/organizations that will be affected. Tony Izzo said members of the committee included: DPS, DPW, Accounts Department, veterinarians, NYSOPRHP, a carriage company, Skidmore, etc. He said he believed this committee did a very thorough job. Commissioner Stephen Towne said there was a broad base of representatives on the committee including representatives from the DBA, SAD, City Center, Saratoga Convention Bureau, NYRA, etc. He said this committee worked on a very tight deadline and produced a document that would serve the City well. He also thanked City staff including Tony Izzo and Debbie Harper for their many hours of work. Mayor Kenneth Klotz opened the public hearing. Mark Baker, City Center Authority and Chair of the Special Livery Ordinance committee, said this was a broad based committee that did a very thorough job in reviewing this matter. He said that private property matters, animal related issues, safety issues were all areas of concern that were reviewed when creating this ordinance. He said they have also included in the ordinance that a review of this ordinance will be conducted periodically. Mark Baker said on behalf of the committee this was a well thought out, aggressive ordinance and they recommend the Council adopt. Page 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:10 p.m. with the Pledge of Allegiance. PUBLIC COMMENT PERIOD Bruce Levinsky, local real estate developer, submitted to Council members a letter and petition signed by property owners along Church Street. He said this petition was in connection with the vacant building on Church Street owned by the Adirondack Trust Company. He said he personally renovated 75 Woodlawn Avenue, 41 Walton Street, 82 Church Street and he believed that the Adirondack Trust Company should be a better custodian of this vacant building. He said the neighboring property owners are concerned about their property values because the Adirondack Trust building has now boarded the windows on this vacant building. He said property owners in this area take pride in their properties and the Adirondack Trust Company should also take pride. He said the Adirondack Trust Company tries to portray itself as the Ahometown@ and Acommunity@ bank but in this instance they have no regard for the visual impact of this boarded up building. He said the Design Review Commission rejected the Adirondack Trust Company=s application to demolish the structure due to the lack of future plans for the parcel. He said Mayor Kenneth Klotz should take the lead an rectifying the shabby appearance of this building and making the Adirondack Trust Company adhere to the DRC=s decision. He said if the Adirondack Trust Company refuses to do so, then the City should move their banking business elsewhere. Peter Looker said he recently traveled to a small town in New Hampshire where there were many, many yield to pedestrian signs. He said Saratoga Springs should have more of those signs. He said the City currently has two committees working on parking related matters and perhaps one of them should be directed to focus on pedestrian mobility. Mayor Kenneth Klotz said that part of the approach by the committees is to study pedestrian access. MAYOR =S OFFICE 2004 Submarine Veterans Convention B Presentation B John Cook (03-131) John Cook, submarine veteran, said the Submarine Veterans organization was able to secure Saratoga Springs as the next location for the Submarine Veterans Convention which will be held in September 2004. He said it had recently been held in Reno and Duluth. He said the Saratoga Springs committee went up against Orlando for this convention and won soundly. He said in order to win this convention, they had to make several costly decisions such as guaranteeing a room rate at the Prime Hotel of $97 (book rate is $124 and they will need to make up the difference) and to also provide transportation. He said they would also like to hold several events to make this the best convention. He said along with the submarine veterans there will be at least 25 boat reunions. He said there are typically at least five boat reunions each year that could potentially be held here in the City. John Cook said some of the planned events include a parade, the Navy Band, tours, dinner, etc. He reminded Council members that somewhere between 50,000 and 100,000 submarine veterans have gone through the West Milton facility, so many are very familiar with this area. He said they anticipate at least 2,000 conventioneers coming to Saratoga Springs and they will eat and shop here bringing in an estimated $100,000 in sales tax. He said if this is a good event, they would surely return. John Cook said this committee is seeking help from the Council. He said they are asking the Council to establish a line item in the City=s budget, along with funding, and that Deputy Commissioner Christine Page 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Gillmett-Brown would oversee that account. He said they hope that the City could assist them in sponsoring some of the events including the parade, Navy band, welcoming party at the Casino and a logo submarine flower in the park. John Cook then played a short video that will be played at this year=s convention, encouraging those veterans to come to next years convention here in Saratoga Springs. Commissioner Thomas McTygue said it might be somewhat difficult to have a submarine logo floral arrangement in the park, because of the time of the year, but DPW would do the best they could to accommodate that request. Mayor Kenneth Klotz said he was very pleased to find that the City had beat Orlando for this convention. He said he believed that Council members had committed individually to this committee. He said he would like to continue to coordinate this effort and the committee should feel free to call his office at any time. Commissioner Michael Lenz said the City is at the beginning of the process for next years budget and this committee should keep in close contact with his office on their request. He said Deputy Commissioner Christine Gillmett-Brown would be the liaison through his department. John Cook then introduced other members of the committee including: Al Singleton, George Gasser, Walt Bydark, Walt Hardon, Fred Carlson, Jim Irwin, Paul Harnick and Frank Harding. George Gasser said they had forwarded a resolution to the Council and asked that consideration be given at the next meeting for adoption of that resolution. He said they needed Council approval before they could apply for grants. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded the following resolution: WHEREAS, Saratoga Springs wishes to encourage and support the United States Submarine Convention in Saratoga Springs September 13-19, 2004; and WHEREAS, it is to the City =s economic advantage to bring as many attendees as possible; and WHEREAS, the City wishes to welcome back many of the 50,000 Submarine Sailors that have lived here and trained at Kesselringer Navy Nuclear Training Facility in West Milton over the past 50 years; and WHEREAS, the City wishes to encourage the first ever Welcome Home Parade for Submarine Veterans; and WHEREAS, the County encourages civic organizations, Saratoga County and the State of New York to help sponsor this event; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs open an account to accept grants and donations toward the cost of the facilities and expenses of the parade; designate the Deputy Commissioner of Finance as the City =s liaison; and FURTHER RESOLVE, that an expense line item will be included in the 2004 budget; and FURTHER RESOLVE, that the City will contribute toward a public welcoming party in Congress Park and Casino and FURTHER RESOLVE, that the City of Saratoga Springs encourage and support the welcoming of over 2,000 U.S. Navy Submarine Veterans to our historic, friendly and patriotic City. Ayes all. Neighborhood Notification B Discussion Mayor Kenneth Klotz said recently there had been concern with notification of neighbors of construction projects. He said there recently was a meeting with the West Side Neighborhood Association concerning the Kaydeross House/TSA project on Kirby Road. He said as part of that meeting there was discussion on ways that the Council could better communicate these types of proposals. Mayor Kenneth Klotz then read letters of support from Joseph Bruno, May 9, 2001; former Assemblyman Robert D=Andrea; Dale Angstadt, Director Page 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Community Service; Robert Christopher, Department of Social Service and former Police Chief Kenneth King. He said there appears to be numerous communications with city, county and state officials on this matter and it appeared they were all quite familiar with this project. Mayor Kenneth Klotz said there had been a lot of miscommunication on this matter but what was clear was that there was nonpartisan support of the relocation of the Kaydeross home to this location. He said this was not a home for convicts and there was nothing secretive about this proposal. He said at this meeting with the West Side Neighborhood Association, TSA did concede that perhaps they could have done a better job communicating with nearby property owners on this proposal. Mayor Kenneth Klotz said it was his intent to discuss with Geoff Bornemann, City Planner, the reasons under which circumstances property owners are notified of such projects. He said he believed there may be a need for additional notification to the Council and neighbors. Mayor Kenneth Klotz said there was no danger to the neighborhood with the proposal and the Council should continue to uphold the law and to resist temptation to foster divisiveness. He said there is general agreement that this is a program that supports the young women of this community. Commissioner Thomas Curley said he also had this item on his agenda. He said he too believed that there was general support of this project, however, the nearby property owners were concerned because of the lack of notification to them on this proposal. He said there is an obligation to keep neighbors informed. He said the neighbors wanted the opportunity to discuss this project and the City needed to review the notifications circumstances so as to not find itself in this position again. He said there are regulations by which neighbors are notified and perhaps they need to be reviewed. Mayor Kenneth Klotz clarified that Commissioner Thomas Curley was unaware that the former Chief of Police, Kenneth King, had written a letter of support for this project. Commissioner Thomas Curley said he was not aware that Kenneth King had written that letter, but that was not unusual. He said he is not aware of every piece of correspondence that goes out of the police department. Commissioner Thomas Curley said his concern was that the Council was not made aware of this project. He said perhaps the Council and nearby property owners need to be made aware of such proposals from the onset. He said the Council needs to act responsibly and to be sure that the citizens are kept informed. He said he had wanted to offer a motion this evening, but Assistant City Attorney Tony Izzo recommended against that until he could do some research. Commissioner Stephen Towne said he did not know of this project, until only very recently. He said the overwhelming response from the West Side Neighborhood Association was in support of the Kaydeross House program but their concern was with the process. He said TSA was only responsible for notifying the Mayor=s Office but he believed that common sense should rule. He said the City blew this opportunity and the we need to look internally at this matter. Commissioner Thomas Curley said he planned to follow up on this matter and to come back to the Council with additional information and a resolution. He said there is sufficient information available from the existing Planning Board and Zoning Board of Appeals on the notification process that could be used. Mayor Kenneth Klotz said that Jeff Wait, City Attorney, Geoff Bornemann and Tony Izzo should all be involved in this process. Funny Cide Day Mayor Kenneth Klotz announced that August 13 would be Funny Cide Day and the horse would be in the paddock area at the track at 11:30 a.m. on that day. He said a race would be named that day in his honor. He also noted that a posters of Funny Cide would be distributed at the track that day. Page 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Executive Session B Property Acquisition Mayor Kenneth Klotz requested an executive session to discuss property acquisition. Council members agreed. Heritage Area Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the donations of $800 from Capital News 9 for the Spa City Band, $2,000 from Capital News 9 for the Multicultural Music Series, $250 from Robert Davis for the Multicultural Music series and $250 from Price Chopper for the Spa City Band. Ayes all. Traffic Analysis of Outer Church Street Areas (03-132) Mayor Kenneth Klotz said that the Council had received a recommendation from the Planning Board to retain a traffic engineering consultant to assist them with a traffic analysis of the outer Church Street corridor in the vicinity of Kirby Road. He said the Accounts Department distributed RFPs for professional services and as a result of that process a consultant has been recommended with a revised scope of services. He said the cost of the proposed revised traffic analysis is $10,500. He said the applicants for the project within in this corridor have agreed to reimburse the City for the full cost of this study. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded that the Mayor be authorized to sign a professional service contract with the consulting firm of Edwards and Kelcey in an amount not to exceed $10,500. He said this authorization would be contingent upon the project applicant placing $10,500 in an escrow account with the City. Ayes all. Appointments (03-133) Mayor Kenneth Klotz announced the reappointments of the following individuals: Design Review Commission B Susan Davis and Tom Richards; Community Development Advisory Committee B Richard Ferguson, Joy King, Pamela Polacsek, Linda Harvey-Opiteck; Lillian Miles, Janine Stuchin, Amy Durland, David Keehn, Jenny Mirling and Jamin Totino. Street Name (03-134) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to adopt Blue Streak Boulevard (Private) from West Circular Street to West Avenue with an address numbering range of A1", as the official street listing for this new street. Ayes all. Porch Contest Mayor Kenneth Klotz announced that the annual Porches contest deadline is August 12. He said the theme this year was heros and horses. Executive Session Mayor Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 8:10 p.m. to discuss the emergency plan. Ayes all. Council members returned at 8:30 p.m. and noted that no action was taken. ACCOUNTS DEPARTMENT City Council Minutes B July 15, 2003 Mayor Kenneth Klotz requested that these minutes not be voted on this evening because he did not receive a Page 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 copy. City Council Minutes B July 22, 2003 Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the July 22, 2003, City Council workshop meeting minutes. Ayes all. City Council Minutes -- July 29, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the July 29, 2003, City Council workshop meeting minutes. Ayes all. Commissioners of Deeds Commissioner Stephen Towne announced the appointment of the following individuals, all from the Police Department, as Commissioner of Deeds with a term of two years: Christopher Cole, Robert Dennis, Kristen VanWert, Vanessa Rose, Laura Ennis, James Bell, Patrick O=Leary, Keith Pellegri and Travis Carter. Special Livery Ordinance (03-135) Commissioner Stephen Towne thanked the members of the committee including Mark Baker, Chair, Gavin Landry, Joe Dalton, Cindy Hollowood, George Hathaway, Lou Schneider, Phil Diamond, Judith Belt-Smith, Dr. Bill Barnes & Dr. Axel Sondhoff, Kathy & Tony Canzone, Officer Mike Chowske, Kevin Veitch, Cheryl Gold, Christine Kaczmarek, Deputy Commissioner Erin Dryer, Deputy Commissioner Deborah Harper and Tony Izzo, Assistant City Attorney. Commissioner Stephen Towne then moved and Commissioner Thomas Curley seconded to adopt the Special Livery Ordinance as presented with the minor changes noted this evening. Ayes all. Rejection of Bid B Tire Repair and Service Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to reject the bid for tire service and repair due to an error when developing the bid specifications. Ayes all. Risk Manager/Safety Report Marilyn Rivers reported that Internet safety sites, the City=s Prior Notice Statute & NYMIR material, Federal Register, ANSI information on eye and face protection standards and a bulletin from Saratoga County on 15 passenger van safety advisory had all been distributed to Safety Committee members. She reported that she will be contacting various department to inquire as to insurance needs for special projects, programs and additional equipment for 2004. She said she had recently reviewed the following ordinances: special livery vehicles, building permits and sign permits. She said the City received a settlement for the damage to the gate at the East Side Recreation Complex in the amount of $1,100. She reported that the draft fixed asset policy had been provided to Finance for review and revision, loss report forms for recreation had been revamped and she had provided support to NYMIR for the drafting of an Employment Practices Handbook to be distributed to other municipalities. Water Project Funding Commissioner Stephen Towne withdrew this item from discussion. Award of Bid B Rubber Flooring Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Rubber Flooring to Ice Builders/U.S. Ice, Page 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Inc., in the among of $7.90 per square foot (lowest bidder meeting specifications). He noted that this bid had been reviewed by the Purchasing & Insurance Department and meets the City =s purchasing and insurance guidelines. Ayes all. DEPARTMENT OF PUBLIC SAFETY Update on Broadway Operations Captain Mike Biss, Police Department said Commissioner Thomas Curley had asked him to address the flowof pedestrians in the downtown area. He said phase one of this program which ran from July 25 through July 29 was a public awareness campaign. He said during that time there were officers in the Broadway district who spent time educating pedestrians on crossing the street, right of way issues, yielding to traffic and Aj-walking@. He said they also had a patrol car assigned to the Broadway district that specifically addressed the double parking. He said those officers will now get out of their car and direct traffic. He said they also addressed cars illegally double parked. He said they are trying to keep the flow of traffic moving. He said they issued 52 warning tickets during that time period. Captain Biss said on July 30, officers began issuing tickets to pedestrians not following the laws. He said they have issued 16 violations for failure to yield and j-walking and they will continue this campaign through the Labor Day weekend. He explained that the fine structure is quite stiff noting that the first offense was a $100 plus a $30 surcharge. He said it goes up from there to $200 and/or 45 days in jail. He noted that the parking enforcement officers will also step up their patrol on double parking. He said they understand that businesses need to get their deliveries but there needs to be a balance. Captain Biss said while they are being aggressive, they are also using some discretion. He said they have an unmarked patrol car in the downtown area that will address the aggressive drivers. Commissioner Michael Lenz said this is a good program and much like the Avenue of Pines, when there is continued vigilance on the Police Department=s part, pedestrians and drivers will begin to abide by the law. He agreed that the public needs to be educated. Commissioner Thomas McTygue asked if there was an officer in the downtown area between 3:00 a.m. and 5:00 a.m. Captain Biss said yes, but often they are busy with an arrest. He said over the weekend there were 21 arrests on Saturday night. He said there is both a foot patrol officer and a patrol car. Mayor Kenneth Klotz noted that there had been several instances in the last 12 months of pedestrian/automobile accidents. Commissioner Thomas Curley agreed but noted that they all were within a very short time frame. He said they are working toward eliminating such mishaps. Captain Biss noted that one area of concern was in front of the Adelphi Hotel. He said they have talked to the staff at the Adelphi and asked them to talk to their patrons on pedestrian safety. He said they would also be preparing a handout that would go to downtown business and the visitor center that outlines pedestrian responsibilities. Commissioner Thomas Curley thanked Captain Mike Biss for this update. FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: July 18, 2003 -- $367,562.53; July 25, 2003 B $373,048.32 and August 1, 2003 B $377,565.48. Ayes all. Warrants -- Approval Page 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 1AUG03- -- Warrant 2-44 General Fund $ 314,477.74 City Center Authority 4,162.67 Water Fund 31,655.16 Sewer Fund 2,251.83 Capital Project 29,856.33 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 28,053.09 $ 410,456.82 MC030723 - Warrant 2-8 General Fund $ 464,969.95 City Center Authority 11,002.11 Water Fund 52,326.53 Sewer Fund 18,066.26 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 546,364.85 MC030730 - Warrant 2-5 General Fund $ 275,907.30 City Center Authority 990.97 Water Fund 8,017.15 Sewer Fund 5,029.63 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 68.57 $ 290,013.62 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Ayes all. Page 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Short Term Parking B Update Commissioner Michael Lenz said there had been a previous report to the Council on recommendations, which were adopted, on short term parking. He said his staff had been working with both DPS and DPW on those short term recommendations and it was his understanding that the majority of that work would be completed in the very near future. He said DPW had discussed with SAD the curb work and that was proceeding. He said once the curb work was completed, all of the short term recommendations will have been implemented. Commissioner Michael Lenz said he had a conversation with Frank Parillo on parking behind the former car dealership. He said it was his understanding that there are about 60 spaces that could be used with some striping. He said he had spoken to Commissioner Thomas Curley and that striping would be done. He noted that none of the short term solutions needed would bring about any ordinance changes. Commissioner Stephen Towne asked how many spaces would be ultimately created through these short term recommendations. Commissioner Michael Lenz said about 80. Lease Agreement with Frank Parillo B Approve (03-136) Commissioner Michael Lenz said he would like to seek approval this evening for an agreement between the City and Frank Parillo for parking behind City Hall. He said Tony Izzo, Assistant City Attorney, drafted a lease agreement which Frank Parillo had reviewed and had no concerns with. Tony Izzo said this parking lot lease agreement mirrors previous agreements. He said it would allow the City to use a private piece of property for public parking and the owner would not be relieved of taxes for that period. He said there is a clause in the agreement that the agreement may be canceled with 60 days notice. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the lease agreement with Frank Parillo as presented. Commissioner Thomas McTygue said previously all such parking agreements have fallen under DPW. He said there were a number of issues with that proposed parking area. He said he had not had the opportunity to speak to Frank Parillo on this matter and he was not interested in adopting any agreement that caused more work for DPW. He said funding from the SAD should be sought for maintenance of the downtown parking lots. He said there is a considerable amount of time spent picking up litter in the morning and his department is already stretched. He said additional manpower would be needed to do this and no one had discussed this issue with him. He said DPS can do the striping if they choose, however, there were issues of scheduling for milling/paving and this was not the season for that work. He said they have no idea if the are any utilities, sink holes, underground tanks, etc. He said because of the uncertainties, he would not support this motion. Mayor Kenneth Klotz asked why this agreement had not been coordinated with DPW. Commissioner Michael Lenz said he did speak to Commissioner Thomas McTygue last week about meeting with Frank Parillo. Commissioner Michael Lenz asked if Commissioner Thomas McTygue objection was because he says that he was unaware of the agreement. Commissioner Thomas McTygue said there had been some funding from SAD for other projects. He said he has limited staff and they will need to hire an additional part time individual to clean this lot. He said the SAD should incur some of these costs. He said this parking area is needed for the night time activities. Commissioner Michael Lenz said the SAD did appropriate $7,500 for the short term parking issues. Commissioner Michael Lenz asked if Commissioner Thomas McTygue would support this motion. Commissioner Thomas McTygue said he did not have any conversation with anyone on this matter and he would not support the motion. Mayor Kenneth Klotz suggested that the motion be contingent upon involving DPW. Commissioner Thomas McTygue said he needs to talk to the property owner on this matter. He said there could be things on this Page 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 property that need to be removed before cars are parking there. Commissioner Thomas Curley said if there is the possibility of 80 additional parking spaces, the Council needs to work together. Commissioner Thomas McTygue said he did not have the ability to deal with maintenance of the lot. He asked if the Risk Manager had played any role in the development of this agreement. Mayor Kenneth Klotz moved to amend the motion and make it contingent upon the approval of the Risk Manager and DPW. There was no second. Commissioner Michael Lenz said he had no concern with the Risk Manager reviewing this agreement. He said Frank Parillo was also willing to meet with DPW. Commissioner Thomas McTygue said that perhaps the Engineering Department should be included in this review. He said this did not come through his department and no one discussed this matter with him. He said the parking lot will be used for the night life in the City and additional money for the cleanup in the mornings will be necessary. He noted that there are parking lots in the City that now charge for parking and perhaps the City should consider charging. He aid Commissioner Michael Lenz should be talking to the County about getting some of the OTB revenues. He said he would come back to the Council with a resolution to direct the Commissioner of Finance to go to the County to get those revenues. Commissioner Michael Lenz said Commissioner Thomas Curley was willing to cooperate as was the City Attorney=s Office. He said it appeared that Commissioner Thomas McTygue was upset because there wasnot enough conversation on this matter before bringing it to the table. He said this motion will allow for 80 additional spots. He said this was an appropriate motion and cooperation was needed. Commissioner Stephen Towne said he circulated a memo that asked that all necessary material be reviewed by both the City Attorney and Risk Management. He said we have made headway in those reviews, but there has been, on occasion, items that slip through. He said he would like to see the motion contingent upon the Risk Manager=s review. Mayor Kenneth Klotz questioned why Commissioner Stephen Towne was apt to making this motion contingent upon the Risk Manager=s review but not DPW. Commissioner Stephen Towne said that Commissioner Michael Lenz has already tried to work with Commissioner Thomas McTygue on this matter. Commissioner Thomas McTygue said he had no discussions with Commissioner Michael Lenz on this matter. Ayes: three; Nays: two (Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion carried . 2004 Budget B Discussion Commissioner Michael Lenz said budget worksheets had been distributed for review of both revenues and expenditures. He said they have been circulated somewhat earlier this year. He reminded Council members that estimated budgets must be returned to him by October 1 and he would then report to the Council by the third Monday in October. He asked that any budget increases and/or decreases of 10 percent or more be accompanied with an explanation. Commissioner Stephen Towne asked if Commissioner Michael Lenz wanted those increases/decreases due to the new charter to be incorporated. Commissioner Michael Lenz said yes. Mayor Kenneth Klotz said he would begin working on the capital budget. Commissioner Stephen Towne asked about the time frame. Mayor Kenneth Klotz said it is on a different timetable than the general budget. He said the new charter calls for the capital budget to be done simultaneously with the general budget. He said it also calls for a capital budget committee. He said he was not willing to do that whole procedure this Page 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 year but there would be a similar time frame. Commissioner Thomas Curley said he would update his five year projections. Property Auction B Update Commissioner Michael Lenz said the City has foreclosed on 12 properties and they plan to hold an auction on Saturday, September 13 in the Music Hall. He said he would forward a list of these parcels to the Real Estate Committee and ask that minimum bids be set. He said it also needs to be determined whether some of the parcels should be offered to adjacent property owners. Mayor Kenneth Klotz asked if a professional auctioneer would be used. Commissioner Michael Lenz said yes for a set fee. Commissioner Michael Lenz said there was no way to determine the dollar amount that might be gained by this auction. He said after the last auction the excess funds were placed in the parking fund. He said he would like to consider doing that again. Mayor Kenneth Klotz asked how much was budgeted in this line for this year. Commissioner Michael Lenz said $20,000 but we could go over that amount because there is one attractive parcel. Special Accounts B Report Deputy Commissioner Christine Gillmett-Brown distributed to Council members an update of the special accounts of the City. She noted that there had been minor changes in the closing of one account and the opening of another. July Financials B Report Deputy Commissioner Christine Gillmett-Brown distributed the July 31 financial reports. She noted that the expenditures on average should be at about 54 percent. She noted that all departments were under that number. Executive Session Commissioner Michael Lenz requested an executive session to discuss personnel matters. Recreation/YMCA Parcel B Discussion Commissioner Michael Lenz informed Council members that the YMCA will begin their master plan process of their new parcel. He said he had some informal discussions with their Board of Trustees and Board of Directors on the possibility of the City utilizing a portion of their land. He said at this juncture the City has a number of options and he did not want to indicate to anyone that the City should not follow other options, but suggested that perhaps there was room for discussions with the YMCA on this possibility. He said there existed the possibility of sharing parking, services, building costs, etc. He also noted that there is an easement from the Open Space Project to connect Railroad Run to this site so there will be pedestrian access. He said he would be sending a letter to the YMCA formalizing this request but he wanted to talk to the Council first. Mayor Kenneth Klotz said the Council has been actively working on the recreation facility issue since 2000 in unanimous and nonpartisan fashion. He said the YMCA option was not considered before because Commissioner Michael Lenz was not interested in funding that option. He said he was concerned that the Recreation Commission had been left out of this matter. He said the task force headed by Bob Spratt had been charged with looking into locations and they did meet with the YMCA as part of that search. He said they noted in their report that the YMCA intended to building and maintain their own facility. He said it was theintent of the city to eliminate the dependency on others. He said that no further consideration was given to this matter because of the dependency issue. He said he had spoken to Matthew Jones, attorney representing Page 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 the YMCA, extensively on the recreation facility matter. He said he did not realize that the YMCA was willing to reconsider the possibility of sharing a facility. He said again, though, that the City=s task force did not believe that sharing was a possibility. Commissioner Thomas McTygue said he also did not support the sharing concept and he did not believe the YMCA was a good location. He said there are more negatives impacts than positive on that site. He said the Recreation Commission and the task force should have the opportunity to complete their reviews before other possibilities are considered. He said the location of the YMCA site would be a nightmare when there is a lot of traffic along Ballston Avenue for concerts at SPAC. He said no one gave Commissioner Michael Lenz the authorization to move forward on this matter. Commissioner Michael Lenz said he did not need Council authorization to discuss options with the YMCA. He said this proposal did not preclude the Council from pursuing other options. He said he simply wanted to revisit these options. He said it was appropriate for him to have these discussions with the YMCA. He said that in connection with the Mayor=s comment concerning his unwillingness to fund this matter previously, the City was not in the position three years ago to pursue this venture but things had changed since that time. He said the Mayor=s committee made some recommendations a while ago and this was one of them. He said this is a viable alternative. Mayor Kenneth Klotz said it is important to maintain commitment to this project and that it should be done unanimously and on a nonpartisan basis. Commissioner Michael Lenz said the other sites for consideration have not been discussed openly and they are still options. He said this is just another option that needed more research. Mayor Kenneth Klotz said he believed that the Council as a whole wanted to move forward with this issue andit was his aim to do this on a nonpartisan vote. Lawn Signs Commissioner Michael Lenz said it was his understanding from a previous Council, meeting that there was a gentlemen=s agreement that no political signs would be displayed until after September. Council members agreed. He then noted that there were signs displayed at Jefferson, Beekman and State Streets for the Mayor. Mayor Kenneth Klotz said he would speak to those property owners and have the signs removed. DEPARTMENT OF PUBLIC WORKS Methane Gas Collection System B Vote to hire Engineer to perform work (03-137) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to hire Fred Wehran Agency for the rehabilitation of the methane gas system at the Weibel Avenue in the amount of $15,950. He said the total estimated professional fees were 145 hours at $110 per hour. He said those funds would come from the landfill closure account. Commissioner Thomas McTygue said DPW has applied to the state for 50 percent reimbursement. Commissioner Michael Lenz said he was somewhat confused in that there was a request at a recent Council meeting for funding for the Weibel Avenue methane gas system. Commissioner Thomas McTygue said this was for an extension of a previous agreement. William McTygue, Director of Utilities, said the last request for funds was for material only. Commissioner Stephen Towne said this matter had been brought to the Council many times since its inception in 1996. He said it was a project that required substantial dollars and was promoted as a project that would Page 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 generate a savings to the City. He said at the last Council meeting there was a request for funding to repair the system because of the harsh winter, bent pipes, compression of land, etc. He said that it appeared that the system that is not working because of those problems. He asked if there had ever been an accounting to the Council on the investment, savings, etc. He said he suspected that things had not gone as originally planned. He said perhaps due to the changes in technology there could potentially be more costs for the City. He said it was his understanding that the company that provided the co-gen unit was no longer in business. He asked if DPW could provide an assessment of this project which includes the documented savings. William McTygue said the company that provided the co-gen unit is still in existence and in fact there were several co-gen facilities around the country. He said this proposal this evening was a request for consulting services for an additional amount not to exceed $15,950. He said there was a previous request for the materials at the last Council meeting. He said the consultant, Fred Wehran, has been doing quite a bit of system analysis. He said that Fred Wehran provides a specialized service. Commissioner Stephen Towne clarified that the system would not work without services of Fred Wehran. William McTygue said Fred Wehran has diagnosed the problem and the City now needs to fix the problem. He said there is a problem with settlement of the landfill and condensation in the pipes and the system periodically needs retrofits. Commissioner Stephen Towne said there has been a substantial amount of money spent on this project, approximately $1.1 to $1.2 million. William McTygue agreed. Commissioner Thomas McTygue reminded Council members that this landfill closure was mandated by the state. He said the City had the choice of burning off the gas or using it for the Weibel Avenue ice rink. He said the City chose to use it for the ice rink and there has been a savings to the City. He said though that there will need to be periodic improvements to the system. Commissioner Stephen Towne said since the City has invested this much in this system, there was really no choice but to fund these additional expenses. He said, though, that he would still like an accounting of this project. Commissioner Thomas McTygue said there have been benefits to the City and he would address those benefits. He said the City has saved money and will continue to save money once it is running again. He suggested that Commissioner Stephen Towne come to his office and discuss this matter. William McTygue said they could furnish Commissioner Stephen Towne with the annual reports on the gas production and related information. Commissioner Stephen Towne said that would be fine but he wanted to see the costs and savings. William McTygue explained that with or without this collection of the gas, there would be an expense to the City. He said the gas could have been burned, which would have been an expense, but the City chose to turn it into electricity. He said this program has been successful. He said since 1997, the system has operated 26,136 hours with 74.2 million cubic feet of methane gas and 4.3 million kilowatts of electricity generated. He said there is a significant savings over what the City would have paid to Niagara Mohawk. He said the co-gen unit is meant to augment the Niagara Mohawk supply. Commissioner Michael Lenz said a financial accounting of the program is not an unreasonable request. He asked if DPW was confident that the system simply needed to be fixed or would it be better to switch to a different system. William McTygue then distributed a design map of the piping system. He said the map indicated the wells that monitor and collects the gas. He explained that the gas is forced to the co-gen through blowers. He said it was important to remember that this was mandated by the state. He said the City chose this system rather than burning off the gas. He also noted that the City received first place recognition from NYCOM for this project. He said the project makes good environmental sense for the City. Commissioner Michael Lenz asked if it would be more cost effective to repair or replace the system. William McTygue said Fred Wehran has indicated that this system is still in good shape except for this problem. He said Fred Wehran has a lot of experience in this field and he was pleased with his work. He also noted that the state needs to be factored into any decisions that the City makes on this system. He said the retrofits are Page 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 eligible for grants. He said this system was not built to be maintenance free. He said they could furnish the information on the monthly operation of the system and what it has produced n the way of energy. Commissioner Stephen Towne said he wanted a financial report. He said the upgrades to the system should also be included in those amounts. Ayes all. Speedskating Hall of Fame Commissioner Thomas McTygue requested a public hearing for September 2, at 6:45 p.m. on the National Speedskating Hall of Fame. He said this public hearing would give the public an opportunity to address this project. He said because the location that the organization is interested in is part of the compost area, DEC would need to be involved in the decision. Commissioner Stephen Towne asked if there would be a request for funding at that time. Commissioner Thomas McTygue said this was only an opportunity for public review and comment. Paving Commissioner Thomas McTygue announced that there would be paving along Hathorn Boulevard and Curt Boulevard. Curb Work Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract with property owners at 165 Caroline Street for curb work. Ayes all. DEPARTMENT OF PUBLIC SAFETY Broadway Operations B Update Previously discussed. Car Donation B Vote to Accept (03-138) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the following resolution: WHEREAS, Harold R. Albertson, 16 East Harrison Street, Saratoga Springs, New York, has generously offered to donate a vehicle to the Saratoga Springs Fire Department for use by them in their service to the public; and WHEREAS, the City of Saratoga Springs is willing to accept said donation in the public interest and for the public good; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City of Saratoga Springs accept the donation of a 1985 BMW 318 sedan, vehicle identification number WBAAC740XF0678256 from Mr. Albertson. The Council notes that the current blue book value for this vehicle is listed at $2,210.00 2. The above mentioned vehicle will be used by the Saratoga Springs Fire Department for a public purpose. 3. This Council expresses its thanks and appreciation to Mr. Albertson for this generous donation to the public. Page 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 5, 2003 Ayes all. Executive Session Previously discussed. SUPERVISORS Sewers Phil Klein, Supervisor, noted that this item had been withdrawn from discussion. Executive Session Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 10:10 p.m. Ayes all. Council members returned at 10:45 p.m. Part Time Hourly Rate (03-139) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to raise the part time hourly rate for Janet Woodcock and Betty Benton from $10.25/hour to $10.50/hour. He said the funds would come from within his department. Ayes all. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:45 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:45 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 15 of 15