City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 19, 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 Deborah Harper, Deputy Commissioner, Accounts Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING Building Permits/Zoning Ordinance Amendments Tony Izzo, Assistant City Attorney, said this is an amendment to the City=s Zoning Ordinance which updates the insurance portions for signage and building permits. He said the City=s Risk Manager reviewed this section and made modification so that it now reads that commercial general liability insurance in the amount of $1,000,000 is required, as well as hold harmless agreements. He said there are three categories of applicants including commercial, self-insured and homeowners; therefore, there are three thresholds of insurance requirements. Commissioner Stephen Towne clarified that this was an update of existing text. Tony Izzo said yes. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. PUBLIC COMMENT PERIOD Lee Nelson, Underwood Drive, thanked DPW for all of their efforts during the recent power outage. She noted that many of the surrounding communities were required to boil water, however, this City was able to sustain its water supply with no boiling. She said that was due in great part to the devoted employees and well- managed department. She said she was one resident who appreciated all of the City=s efforts. MAYOR =S OFFICE Saratoga Hospital Resolution (03-140) David Anderson, CEO, Saratoga Hospital, said that on behalf of the Board of Trustees and the hospital employees he was here this evening to request the Council=s support for the proposed radiation therapy center. He said this would be a new service provided to the community by the hospital that gives patients access as well as convenience. He said that when services are not convenient, sometimes treatment is not sought. He said they have been working since 1988 on implementing their vision. He said in 1998 the Wilton Arts Center was opened and they now see 57,000 patients each year. He said last year the heart catheterization lab was opened and in January the new ambulatory center will open at exit 15. He said thenext Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 step in their vision is the radiation center and after that there will be an expansion of emergency services, intensive care unit and the addition of three more floors. David Anderson said there is strong agreement throughout the community that the radiation center is needed, however, there is disagreement over who should be the hospital=s partner. He explained that the hospital has pursued partnering with St. Peter=s hospital. He said St. Peter=s is a large hospital that is widely respected throughout their industry. He said heading south to St. Peter=s was the logical migration pattern because most of the hospital=s patients go in that direction for treatment. David Anderson said the hospital wants to offer another choice. He said Saratoga Springs is a wonderful, growing community and the hospital needs to continue to meet the community=s needs. He said they can now offer services that ten years ago they did not believe they would be able to. He said much of the discussion has centered around politics and financing of this project, however, it should really center around the patients and their needs. David Anderson said they were here this evening requesting the City=s support by adopting the proposed resolution. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded the following resolution: Resolution in support of Saratoga Hospital =s Plan to Develop a First-Class Radiation Therapy Center for Cancer Care in Saratoga Springs WHEREAS, Saratoga Hospital has a responsibility and a desire to meet the radiation therapy needs of its citizens, who overwhelmingly support the establishment of a radiation therapy program in Saratoga Springs at Saratoga Hospital, WHEREAS, the radiation therapy facility at Saratoga Hospital will be equipped to deliver local access and continuity of care, both of which are critical in providing the best possible care for cancer patients. RECOGNIZING Saratoga Hospital =s long-standing commitment to supporting the physical, mental, and financial well being of the community at large through its investments in education and community programs, volunteer services and charity care, RECOGNIZING Saratoga Hospital =s affiliation with St. Peter =s Hospital on cancer care significantly strengthens its proposed radiation therapy center, delivering a high-level of expertise in latest technology the most advanced cancer treatments and a highly experience staff, NOW, THEREFORE, BE IT RESOLVED, that the Mayor of Saratoga Springs and the City Council, speaking on behalf of the citizens of Saratoga Springs, support this proposal, recognizing its clear benefit to the community and applauding Saratoga Hospital =s contributions to improving the quality of life in Saratoga County today, tomorrow and beyond. Mayor Kenneth Klotz requested that David Anderson provide him with a listing of individuals who should receive this resolution. David Anderson said he would do so. Council members all agreed that the hospital provides an important service to the community and it was incumbent upon the Council to support this resolution. Ayes all. Media Center Field Coordinator and Cable Television Franchise Contract Coordinator (03-141) Mayor Kenneth Klotz said he had circulated a memo to Council members attaching the resume of Steve Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Pierce, the proposed qualified individual for this position. He explained that Steve Pierce is a local expert in this field who has provided a lot of information to the community. He said Steve Pierce had submitted a proposal outlining a plan for this project and a report would be made to the Council members at the conclusion of his work. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the appointment of Steve Pierce as the Cable Television Franchise Renewal and Media Center Field Coordinator as outlined in his proposal. Mayor Kenneth Klotz said he received correspondence from Jackie Pardon who fully supported this appointment. He said Steve Pierce has the level of knowledge and expertise required for this position. Commissioner Michael Lenz said he received the correspondence from Jackie Pardon and because of her expertise in this field and her support of this individual he would support the appointment. Commissioner Stephen Towne asked how Mayor Kenneth Klotz identified Steve Pierce as the appropriate individual for this position. Mayor Kenneth Klotz said rather than grope around looking for an individual, he had extensive conversations with Jackie Pardon and used her contacts to identify individuals. He said through the Council=s initial discussions on this matter, he had come to rely on him for information and advice. He said there was a question of his availability but it was later determined he was both interested and available. He said there were other interested candidates and he interviewed both Steve Pierce and one other individual. He said Steve Pierce followed up with a resume and proposal. Commissioner Stephen Towne said with both Mayor Kenneth Klotz=s and Jackie Pardon=s support he too would support this appointment. Commissioner Thomas Curley said he would like some assurance that there would be a reporting mechanism to the Council on his progress. Mayor Kenneth Klotz said there was a short time span for this project in that it was only 16 weeks. Commissioner Thomas Curley requested that there be at minimum a presentation at the half way mark. Mayor Kenneth Klotz said that was a point well taken. Ayes all. CDTC $3,000 from Contingency Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded that the Council authorize the expenditure of $3,000 from the contingency fund to cover the cost of the payment to CDTC for the Weibel Avenue/Gilbert Road Study. Mayor Kenneth Klotz explained that the original intention was for the bulk of this cost to be paid by the grant. However, the City=s share of 25 percent was to be borne by the contributions of the property owners in this area. He said since this agreement had taken place, the Anderson property owners had backed out of their commitment. He said there is an invoice from CDTC that needs to be paid and because the Andersons were not willing to pay the City must do so. He said City Attorney, was looking into the possibility of a small claim against the Anderson property owners to recover this cost. Ayes all. New York Planning Federation Conference expenses Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the expenditure of $4,384 from the Mayor =s budget to cover the cost of sending City staff and volunteer board members to the New York Planning Federation Conference. Mayor Kenneth Klotz explained that the Planning Department had encouraged its staff and volunteer board members to attend this conference in the fall. He said some of the topics include, practical guide to comprehensive planning, update on legal issues regarding lakes/water, 2003 open space planning, planning for health infrastructure, update on ethics, etc. He said there is a wide variety of workshops that would provide a lot of good information for the City=s board members. He said there are four staff members and seven members of the Planning Board and the Zoning Board of Appeals who plan to attend. He said the money is within his budget to pay this expenditure. Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Commissioner Michael Lenz asked if this was the first time this conference was being offered or the first time that City personnel was going. Mimi Rayl, Assistant City Planner, said that this is the 65th year of this conference. She said there were individuals who attended last year, however, the conference was here in the City. Commissioner Thomas Curley said that conferences such as these are beneficial to volunteer board members. Mayor Kenneth Klotz said it is important to keep board members updated on issues relating to development. He said sometimes the issues are highly technical and training such as this will be very informative. Ayes all. Closing with Nimo on Excelsior Avenue Rink Site Mayor Kenneth Klotz announced that the closing on the Excelsior Avenue Rink was very near. He said the last signature from National Grid should be received with the next week. Tour De France B Local Participation Mayor Kenneth Klotz said although the Tour De France had been completed, he felt it was important to note that two local individuals had competed in this race B Ken Gray and Carter Yepson. He said this is a rigorous course with highly competitive regulations for participating. He congratulated and commended these individuals for their participation in this event. DEPARTMENT OF PUBLIC SAFETY Emergency Plan Presentation Commissioner Thomas Curley said he had requested of the Mayor=s Office that this topic be placed earlier on the agenda, however, the Mayor=s office was not amenable to that request. He said Commissioner Stephen Towne had graciously agreed to allowing this topic to be moved to the top of the Accounts Department agenda. Mayor Kenneth Klotz said there had been some miscommunication and in the future requests such as this should be made directly to him. J. Michael O=Connell said he was pleased to report to the Council that the City=s existing emergency response plan had been revised an updated. He said the original plan had been put into place in 1988 and had been updated periodically. He said there were no major adjustments needed in this update. He said the committee had worked with several of the nearby communities and the county. He explained that they rated and ranked potential emergencies which will allow for a proactive rather than reactive approach. He said the results of that program were shared with both public and private entities. Commissioner Thomas McTygue said that he was in the process of updating the water emergency plan. J. Michael O=Connell said the committee has two recommendations: a) to assure that the police, fire, and emergency personnel have the best mobile communications equipment and b) that the City pursue grants from the Domestic Preparedness Office from the state for equipment, training, planning, etc. He said on behalf of the committee they thanked the Council members for their support. Sgt. Jack King said he was the liaison between the City and the surrounding communities and he had been in close contact with them. He said he had also talked to the major employers in the community such as Skidmore, School district, NYRA, County, etc. He said he also recently worked with DPW during the recent power outage on keeping the water treatment plant running. Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Mayor Kenneth Klotz thanked Sgt. Jack King for keeping him informed of the progress during the recent power outage and with his work on this committee. He said both J. Michael O=Connell and Sgt. Jack King have done a thorough job guiding the committee in updating this plan. He asked what were J. Michael O=Connell=s thoughts on the 911 street numbering system in connection with the County=s recommendations. J. Michael O=Connell said that he had not spoken to Al Dewey, County representative, on the numbering system, but he could do so and report back. Commissioner Thomas Curley said there was some concern expressed by residents at a past Council meeting on renumbering neighborhoods for consistency for 911 calls. He noted though that it was not necessary in all cases to have the numbers realigned. Commissioner Michael Lenz said there should be some thought given to notifying homeowners in having their correct number on their mailboxes. Power Outage Commissioner Thomas McTygue said as long as we were discussing this topic he wanted to commend his staff for reacting quickly during last week=s power outage. He said his staff knew their responsibilities and reported to work without being notified. He said there was some discussion on trying to obtain a generator to run the pumps at the water treatment plant but it was unlikely that a generator of that size could be found. He said, though, the City=s water treatment plant could run for a couple of days because of the pressure in the Woodlawn Avenue underground tank. He also noted that the Geyser Well pumps were running and supplying a good portion of the City with water. He said communication is important during these types of emergencies and was glad the Nextel phone system was in place. Commissioner Thomas Curley said last week=s power outage was an unusual event. He said the response by his employees was quick, problems were recognized immediately and they were fortunate that additional staff did not need to be brought in. He said there was a lot of discussion between DPW and DPS on water related matters and everything went smoothly. He said it was important to note that the emergency response plan was in place and was evident during this situation. He too agreed that it was good to have the Nextel phone system in place. Commissioner Thomas Curley thanked both J. Michael O=Connell and Sgt. Jack King for their work on the emergency plan. ACCOUNTS DEPARTMENT City Council Minutes B July 15, 2003 Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to approve the July 15, 2003, meeting minutes as presented. Ayes all. City Council Minutes B August 5, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the August 5, 2003, meeting minutes as presented. Ayes all. 2003 Final Assessment Roll Adoption (03-142) Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to confirm the previous approval by memo for the adoption of the 2003 Final Assessment Roll. Commissioner Stephen Towne explained that he had distributed a memo on August 13 requesting approval for Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 the 2003 Final Assessment Roll by the August 15, statutory deadline. He reviewed some of the highlights of the roll including: the total taxable value is at approximately $1.5 billion, total assessed value increase of $45 million, total taxable increase of nearly $34 million and there are 10,263 parcels. He informed Council members that the increase in property tax rate would equate to approximately $200,000 more in additional revenues to the City. He also noted that the Assessment Review Board did not reduce the assessment of any property owner appearing before that board. Ayes all. Zoning Ordinance Amendment (03-143) Commissioner Stephen Towne said that Pursuant to the Council=s request of July 16, the Planning Board reviewed the revised proposed set of zoning ordinance amendments prepared by the Risk Manager relating to new insurance requirements for building permits and sign permits. He noted that the Planning Board reviewed the request at their July 23 meeting and voted 7-0 to issue a favorable advisory opinion to the Council on all of the amendments as proposed noting the following: B The Planing Board believed that the proposed text amendments are not contrary to the general purpose and intent of the zoning ordinance. B The Board also believed that the proposed text amendments are in accord with the Comprehensive Plan. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adopt the zoning ordinance amendments relating to the new insurance requirements for building permits and sign permits as presented. Ayes all. Water Project Funding (03-144) Commissioner Stephen Towne said at the Council July 15 meeting a motion was approved by the Council in connection with the preparation of the SEIS and as a part of that motion it was noted that the expenditures in connection with that document and other related water charges were to be charged to the water fund budget. He said to his knowledge, everything in connection with water related activities had been charged to the water fund budget since 1985. He noted that Commissioner Thomas McTygue disagreed with that motion and during that discussion had asked that Jeff Wait, City Attorney to render an opinion on that motion. He said Jeff Wait rendered an opinion via a memo dated July 25 stating that it was in violation of the City Charter. He said he then requested clarification from Jeff Wait asking him to cite the specific sections of the charter that were being violated. He also noted that the Council appointed itself as the lead agent in this process and had asked Jeff Wait to do some research on whether the SEQR process pre-empted the charter. He said his request was for Jeff Wait to research as to whether a financial matter approved by the Council could be derailed by one commissioner. Commissioner Stephen Towne said he did not want the process to be stalled and he understood that Jeff Wait was still doing research. Therefore, he presented a motion to keep the process moving. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the funding for the preparation of the SEIS and any other Council approved related alternative water source project costs that Commissioner Thomas McTygue refuses to authorize out of the water fund be charge to the City =s surplus. Also if it so determined that the Charter was violated, the will of the Council takes precedent over the will of an individual Commissioner, that the possibility be left open that the costs that are otherwise being caused by this motion being charged to surplus be subsequently charged to the water fund and that the surplus be restored for the amount that it had been charged associated with this motion. Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Mayor Kenneth Klotz said he would like Jeff Wait to speak on this matter. Jeff Wait said it would be better for him to respond to the Council via a memo before the next meeting. He said he is still doing some research and that Commissioner Stephen Towne=s questions require an in depth response. He said the charter is a guideline for the Council to follow and it may not be necessarily so that the facts are found in that document. He said the references may not Ajump out@ but there certainly are answers to Commissioner Stephen Towne=s questions. He said although Commissioner Stephen Towne had requested the citing of specific references, but, there may be none. Commissioner Stephen Towne said he was requesting a better understanding of the opinion rendered by Jeff Wait. There was a specific opinion offered and all I=m asking for is a better understanding as to the basis because personally I don=t find it. I would ask that the City Attorney be comfortable with the amount of time it takes to address the items that I have raised. At the same time, I want to be sure that the costs that are incurred have a source of funding so that we don=t hold the process up. He also noted that we are still waiting for the County=s response. Commissioner Thomas McTygue said Commissioner Stephen Towne needed to be more specific in his request and state exactly what he is asking to be incorporated in the DEIS, and how much is it going to cost ? Commissioner McTygue said he would certainly like to know what the dollar amount is that Commissioner Towne intends to spend and what are the particular areas he is referring to for the changes the in the DEIS that you are submitting? What the council has previously approved is the preparation of a supplemental EIS. Commissioner McTygue wondered what the make up of that would be. Commissioner Towne said it would incorporate all the information that was subsequent to the DEIS that was delivered in January. Commissioner Towne indicated since that time we have more information regarding Amsterdam and Glenville as well as all of the information from the county. Commissioner Town said he fears if that information is not prepared and put into the form of a supplemental EIS then public will not have an opportunity or any review or make comments on the material that is presented. With that, he said, comes the statutory review period of 30 days for public comment period. From speaking with experts regarding the SEQR process Commissioner Towne stated he understood that the preparation of an SEIS brings about the requirement of at least one public hearing and the cost of that would be the cost that he was talking about in this motion. Commissioner Thomas McTygue asked exactly what did Commissioner Stephen Towne want incorporated into the documents. He said the public has had plenty of opportunity to comment and further noted that the public comment period was initially six month and had since been extended. He said this is simply a stall tactic on Commissioner Stephen Towne=s part and it was a waste of taxpayers= money. He said that the public has had ample opportunity to review this project. Mayor Kenneth Klotz then read from the July 15 meeting minutes as follows: Commissioner Stephen Towne, said as a result, he wanted to alter the motion that he previously made and would like to move that an SEIS (Supplemental Environmental Impact Statement) be prepared once all the information has been obtained; the public comment period be extended until such time as the document is revised; a public hearing be scheduled once the SEIS has been revised and made available to the public and involved agencies to review and raise any final comments/questions. He said these questions, comments and responses would then be included in the FEIS; and further that the cost associated with this document and other water source project costs, continue to be charged to the water line in the water fund budget consistent with all other costs related to this project subject to Council approval. Commissioner Michael Lenz seconded. The clerk asked for a second reading of the motion. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded that an SEIS be prepared once this information has been obtained. Mayor Kenneth Klotz asked what information. Commissioner Stephen Towne said this is information that will be coming both upon review and digestion of that of which the County has given us, responses to questions that will culminate from a Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 meeting that they have proposed as well as information that will be in response to questions that are presently in the January 2003 DEIS. He said in addition there is information on the Amsterdam option which he did not know if that had been received, but according to Rich Straut the information was to come either at the end of last week or this week and there is information coming relative to the Glenville option. Once that information had been obtained, the public comment period be extended until such time as when the document is revised and then schedule a public hearing that will enable the public and involved agencies to review and make final comments and raise any final questions relative to this SEIS. These questions, comments and responses will be included in the FEIS. Further, that the cost associated with this and other water source project costs, continue to be charged to the water line in the water fund budget consistent with all other costs related with this project that this Council approves. Commissioner Stephen Towne said he did not know what purpose the reading of the previous motion served. Mayor Kenneth Klotz said it was to offer some clarification. He said some individuals have had trouble understanding the motion. Commissioner Stephen Towne said right now what the public has to review is a document, a DEIS, that was sent out in the beginning part of January. The County plan did not get sent in until after that preparation and after the public hearing. So, what we have right now is a document that doesn=t have the County information in it. The public needs to and should have the opportunity to review the document including all of the County materials as well as all our questions and the answers to all our questions. In response to Commissioner McTygue stating that everyone has seen everything that has been prepared, I think you know that Rich Straut had indicated that he had not yet started to really get into answering the questions and it was going to take a 30 to 45 day period. So, saying all the agencies know all that is going on, knowing that things have been asked that haven=t been answered, I=m hard pressed to tell you that everybody knows what=s going on. So, this is a process in which the preparation of a supplemental EIS will incorporate all the materials once we=ve gotten to the conclusion of the County Water, unless there=s any other additions that anybody on the Council wants to make. We=ll be at the point where a supplement can be prepared. Once it is prepared, there is a mandatory 30 day period for an open comment period. E can talk about the public hearing at another point, that is not a mandatory issue. But, the public comment period is mandatory. Once that is done, the comments, the questions and responses get folded into an FEIS. And. That will be the available document the involved agencies will look at and make an opinion on. Mayor Kenneth Klotz asked what was the dollar amount. Commissioner Michael Lenz suggested that a not to exceed amount should be established. Commissioner Stephen Towne suggested it be $50,000. It was agreed the motion would read as follows: Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the funding for the preparation of the SEIS and any other related alternative water source project costs that Commissioner Thomas McTygue refuses to authorize out of the water fund be charge to the City =s surplus. Also if it is so determined that the will of the Council takes precedent over the will of an individual Commissioner, that the possibility be left open that the costs that are otherwise being caused by this motion be charged to surplus be subsequently charged to the water fund and that the surplus be restored for the amount that it had been charged associated with this motion. The dollar amount is not to exceed $50,000. Commissioner Thomas McTygue said he would not support this motion. He said it was a waste of taxpayers money and was only a stall tactic. He said the County does not have a plan B they only have a concept. He said they have no idea how much their project will cost and only spent between $35,000 and $40,000 on their report. He said the City had done a much more thorough job. Mayor Kenneth Klotz said that he too would not support the motion. Ayes: three; Nays: two (Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion carried. Engineering Service on Certioriari Matters B Hesnor Contract Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Commissioner Stephen Towne said that unfortunately due to miscommunication with his staff, the contract for Hesnor Engineering Services had not been distributed. He said, though, both the City Attorney and the Risk Manager had reviewed the document. He explained that this contract was in connection the Quadgraphics Article 7 matter and would supplement those services being performed by the City=s appraiser. He said the City=s exposure is less than $100,000 and the work would not exceed $20,000 exclusive of any court time. He said the school district agreed at their August 12 school board meeting to partner with the City on costs including the Nimo case which they have agreed to pick up the appraisal cost while the City is picking up the attorney related costs. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the contract with Hesnor Engineering Company for services in connection with the Quadgraphics Article 7. He said the City Attorney and the Risk Manager had reviewed the contract . Commissioner Stephen Towne said he would like to make a motion to authorize the Mayor to sign the engagement services agreement with Hesnor Engineering Company, subject to a review by the City Attorney, a review by the risk manager has already occurred and is satisfactory. Commissioner McTygue objected saying he had just received the information tonight as he came in and has not had time to review it or even discuss it with the City Attorney. Commissioner McTygue was not prepared to vote on this tonight. Commissioner Towne said he put it subject to approval by the City Attorney. The Mayor asked for a second to the motion. Commissioner Lenz seconded the motion. Commissioner Lenz asked if there was a time constraint on this motion. Commissioner Towne indicated it was something that needed to be approved no later than the next meeting. Mayor Klotz stated that the City Attorney has indicated that he has already reviewed it. Commissioner McTygue maintained that he needed a couple of days to review the documents. Commissioner Towne agreed to circulate a memo and stated that items should not come to the council the day of the meeting and preferably not even the day before the meeting. The Mayor said, as a warning, looking ahead to January 1st, 2004, we will not, under the new Charter be permitted to vote on an issue that is put on the agenda after noon of the Monday before the Tuesday meeting unless there are very special circumstances. And the Council will have to vote unanimously to declare it an emergency, and it must be handled as such. Commissioner Towne agreed. He then thanked Jeff Wait for his prompt handling of the matter today. Commissioner Stephen Towne and Commissioner Michael Lenz agreed to withdraw the motion. It was agreed the document would be circulated via memo for an approval. Award of Bid B Station Lane Reconstruction Upon the recommendation of the Mayor =s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for the Station Lane Reconstruction to Bast Hatfield, Inc., in an amount not to exceed $275,000 (low bidder meeting specifications). Paul Male this is for the reconstruction of Station Lane. He said CDTA had estimated the cost of $400,000 for this project and the Council agreed to provide funding up to 20 percent of the costs. He said there is about $305,000 available for this project and the estimate for the total cost is approximately $275,000. He said this price includes, the project plus curbs, lights, adjacent property owner utilities (which will be reimbursed), etc. He said this project will be funded completely through CDTA. He said they anticipate starting this project after Labor with completion by December 1. Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Ayes all. FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following payrolls: August 8, 2003 -- $381,282.69 and August 15, 2003 B $386,821.16. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2AUG03- -- Warrant 2-39 General Fund $ 199,495.84 City Center Authority 14,315.04 Water Fund 6,390.87 Sewer Fund 462.05 Capital Project 18,437.09 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 2,801.00 $ 242,101.89 MC030813 - Warrant 2-8 General Fund $ 42,112.88 City Center Authority 1,263.50 Water Fund 10,397.16 Sewer Fund 379.04 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund 327.50 Debt Service -0- Community Development 33.52 $ 54,513.60 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. Property Auction Resolution (03-145) Commissioner Michael Lenz said the Council needed to adopt the resolution which was previously distributed concerning the proposed auction of real estate owned by the City. He said this resolution announces the date of September 13, at 10:00 a.m. in the City Court room and describes the terms of the sale. He said there Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 would be a meeting next week of the Real Estate Committee to set the minimum opening bids. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adopt the resolution for the sale of City owned real estate as presented (Attachment C). Ayes all. Sales Tax Exemption Week Commissioner Michael Lenz announced that he had received the necessary information from the NYS Department of Taxation and Finance concerning the week long sales tax exemption on clothing and footwear of less than $110 per item. He said that week would be from August 26 to September 1. He said this should generate additional shopping in the downtown area. DEPARTMENT OF PUBLIC WORKS Donation Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation in the amount of $1,145 from Audrey =s Art Ltd., from proceeds of the craft fair in Congress Park. He noted that those funds were to be placed in the carousel account. Ayes all. Admissions Tax & OTB Revenues & Proposed Resolution for Admissions Tax & OTB Revenues Commissioner Thomas McTygue requested an explanation from the supervisors on the admissions tax and OTB revenues. Phil Klein explained that state law allows for three different funding streams: admissions tax at the harness track, admissions tax at the thoroughbred racing tracks and the surcharge on OTB Betting. He said under existing state legislation, the City of Saratoga Springs is entitled to a piece of the admissions tax on the harness track. Unfortunately, the Saratoga Raceway no longer charges admission. He explained that the admissions taxes for the flat track are governed by Section 806 of the Racing, Parimutuels, Wagering and Breeding Law and to be eligible to share in that revenue a City must have a population is excess of one million. He said that it appears that only New York City is eligible for that funding stream. Phil Klein said in 1998, Anthony Scirocco and he completed a two-year lobbying effort, which resulted in the County sharing half of the admissions tax with the City. He said this resulted in $332,921 revenue to the City last year. He said the sharing formula was established by a Board of Supervisors resolution and they have made it clear to him that the resolution may be rescinded at any time by vote of the full Board. Phil Klein said the OTB surcharge revenue is governed by Section 532 of the Racing Parimutuel Wagering, and Breeding Law and that allows cities to receive a portion of the revenue if they have a population in excess of 100,000. Therefore, Saratoga Springs is not eligible for that revenue either, however, former supervisor Fred McNeary and Jim Taratino, Jr., persuaded the Board of Supervisors to seek Home Rule legislation that allowed Saratoga Springs to share in those proceeds. He said that amendment to the state law was approved in 1979 and the City now receives 15.55 percent of that revenue which amounted to $335,036 in the 2002 budget. He said that percentage is fixed by law and cannot be increased or decreased without an act of the state legislature. He explained that the OTB Law states that the first $1,658,154.64 of the distributable revenues shall be paid to the County of Saratoga and the next $322,914.21 of distributable revenues shall be paid to the City of Saratoga Springs. He said it further states that if there are any surplus moneys are available after the payments are made, the distribution shall be 83.7 percent of such surplus to the county and 16.5 percent to the City. He said that it further states that upon the release of the federal census figures for the census conducted in 1980, the allocation of such revenues shall be apportioned between the County and the City and shall be determined by the percentage of the total population of the County and the City. He said those figures have not been changed under the last two census. Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Phil Klein said he would be glad to ask for an increased share of racing revenue for the City, but he needed the justification to do so. He said Commissioner Thomas McTygue is fond of saying that the City puts on the show, however, the Board of Supervisors feels differently saying that NYRA puts on the show. He said the City was able to get half of the admissions tax by compiling a comprehensive list of unreimbursed expenses as its rationale. He said every Commissioner participated in that process. He said if the Council was to update that information, he would approach the Board of Supervisors. Phil Klein said he and Skippy have spent years building bridges with the County so that questions such as these can be fairly addressed. He asked that the Council give them the facts and they would negotiate with the Board of Supervisors. He noted that the total dollar amount to the County is $2,056,000 and the City= share is $668,000. Commissioner Thomas McTygue said that NYRA may put on some of the show but it is the City that has our infrastructure, traffic and other services increased. He said the racing season also creates significant revenue for surrounding communities. He said an increase of these revenues to the City could assist the City by paying for some of the additional services that are required. Commissioner Thomas McTygue said he had asked Tony Izzo to draft a resolution which would allow the City to move ahead to try to have these revenues increased. Phil Klein said he would be willing to work with the Council to review the expenditures of the City to help build a case to present to the Board of Supervisors. Commissioner Thomas McTygue said there are also private companies that have their services increased dramatically during the racing season. He said it is difficult to attach a dollar figure to infrastructure matters. Phil Klein said if the City wanted more revenue from the County, the facts would need to be presented. Mayor Kenneth Klotz said he understood that the City would need to determine our costs, but he said on the flip side, the County has not told the City what they spend during the racing season. He said they have alsonot shared information on how much economic activity is generated throughout the County during the racing season. He suggested that perhaps we should be looking at the retail and hotels in surrounding communities. He said surely they do better during the season. Phil Klein said this is a team effort. He said the City needs to gather is facts as they did a number of years ago and he would be willing to approach the Board of Supervisors. Commissioner Michael Lenz said he was not sure that a resolution was necessary this evening. He too agreed that there are many services providers throughout the City that have their services increased dramatically during the racing season. He said the City needs to begin to mend bridges with the County. He said we do not want to make the same mistake with the County that we did on the sales tax matter. He said we need cooperation. He said perhaps there is a way to quantify the infrastructure costs. He agreed this would be an uphill battle, but he was willing to work with the Council and the Supervisors to gather the information. He again said, though, that he was not sure that a resolution was needed this evening. Commissioner Thomas McTygue said he would like to present the motion this evening (Attachment D). Mayor Kenneth Klotz disagreed with Commissioner Michael Lenz=s comments concerning the sale tax matter. He said he does not understand why the County would be upset with the City because of our withdrawal from the sales tax formula. He said if Commissioner Michael Lenz continues to bring up the sales tax matter, he would in turn bring up Commissioner Michael Lenz=s long standing misrepresentation of the City=s financial status. He said there was also the proposed waste of taxpayer funds under the alternative water system being proposed by some Council members. Commissioner Michael Lenz said his point was that the bridges with the County had been burned. He said the sales tax numbers are in and if the sales tax numbers benefitted the City, he believed that Mayor Kenneth Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Klotz would be touting those numbers. He said the Council made the decision to withdraw and the numbers are in. Commissioner Thomas McTygue wondered when the City ever had any bridges with the County. He said some Council members are proposing a $92,000,000 boondoggle in connection with the alternative water source. He said Commissioner Michael Lenz should be bringing this resolution forth and not him. He said the City puts on the show and this resolution is in the best interest of the residents. He said Phil Klein has pointed out the appropriate way to attempt to increase those revenues and we should now move forward. He said he would like to move forward with his resolution. Commissioner Michael Lenz said he would be willing to work with the supervisors. He said the City and the County did have some bridges noting that if we didn=t we would not have gotten the 50 percent of the admission tax revenues in 1998. He said we have done it before and we can do it again. He said, though, he was not receptive to approving a resolution that he had only just received today. Tony Izzo said through his research he found that the Council had a resolution presented in 1998, however, it was not acted on. He said essentially this is the same resolution. Phil Klein said that resolution was the impetuous for the supervisors achieving the 50 percent distribution. Commissioner Thomas McTygue said he was concerned that if this resolution was not adopted, it might take another two years to get any increase. Commissioner Michael Lenz asked Phil Klein if the resolution would help them in making their case. Phil Klein said it was up to the Council on whether to adopt the resolution. Mayor Kenneth Klotz said he did not believe the text in the resolution was threatening. Phil Klein suggested holding a workshop. It was agreed the resolution would not be adopted this evening and that a workshop would be held. Mayor Kenneth Klotz asked if there were any restrictions from the State on how the County uses the admission tax funds. He asked if the County could give the City more without seeking an approval from the state. Tony Izzo said that in his research he did not find any sections of the law that were specific on how those funds were to be used. He said the legislation only notes how much is to be received. Mayor Kenneth Klotz said perhaps the simpler way was to ask the County for the additional funds rather than a home rule legislation request. Commissioner Stephen Towne said he did not believe that the resolution would make it any easier for the City. He said there needs to be some collaborative effort and it may take a while to build those relationships again. He said he would prefer to work with the County rather than taking the legal route. Power Outage Previously Discussed. Easement 62 Beekman Street Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the easement request for the property owner at 62 Beekman Street on the proposed site of the Gallery 62 Cafe for an encroachment of 2 feet 4 inches. He said this would not interfere with the City =s infrastructure. He noted that this was for handicapped access. Commissioner Stephen Towne said he did not receive any documentation on this matter. Tony Izzo said a memo had been distributed on August 14. He explained that this was a fairly routine request. Ayes all. Parillo Parking Lot Agreement Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Commissioner Thomas McTygue said he had met with Frank Parillo at the site and they have determined that it is just as easy to maintain the entire lot and he plans to do so. He said there was also some discussion on the demolition of the structure and the City would work with Frank Parillo on that matter. Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to amend the agreement with Frank Parillo to include the entire parking lot. Commissioner Michael Lenz thanked Marilyn Rivers and Tony Izzo for their work on this matter. He also thanked the Council for their cooperation. Ayes all. Saratoga Tree Nursery B Utility Easement Jeff Wait said a memo had been distributed last week on this matter. He explained that Saratoga Tree Nursery needs to tie into the sewer system and they would also like to tie into the City water system. He said they currently obtain their water from Ballston Spa. He said last year they made a request to the City to tie in but there was some question on whether there was sufficient water at the Geyser Well system. He said at this time they have obtained all of the necessary easements in order for them to tie into the sewer system and while they are digging up the ground they would like to install the water lines at the same time. He said they are aware that by installing the lines, there is no requirement that the City give them the water. He said whether the water tap is turned or not, would be left up to DPW. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the proposed utility easements as presented and further noting that the question of whether the water tap is turned on for Saratoga Nursery is left to DPW. Ayes all. Lease Agreement with Nimo Commissioner Thomas McTygue withdrew this item from discussion. Smith & Mahoney Change Order B West Side Infrastructure Project Paul Male said he had been working with Smith & Mahoney on wrapping up the Washington Street Phase 3 & 4 project. He said this change order is in an amount not to exceed $4,000 for additional work that will be done. He said he would negotiate the actual dollar amount with Smith & Mahoney. Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to approve the change order for the Washington Street 3 & 4 project in an amount not to exceed $4,000. Ayes all. DEPARTMENT OF PUBLIC SAFETY Emergency Plan Presentation Previously discussed. Medical Director B Dr. Brooks B Contract Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the contract with Dr. Timothy Brooks as the City =s medical director. Commissioner Stephen Towne noted that the City=s Risk Manager had reviewed and made changes to the contract. Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Ayes all. Donation B Bikes Commissioner Thomas Curley informed Council members that Serotta Bikes donated three custom designed, titanium bikes to the City=s bike patrol. He said this was an extremely generous donation by a local company and the thanked them. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to accept the donation of the three custom designed, titanium bikes noting that the dollar value of each bike was $3,500. Ayes all. Parking Enforcement Officer Commissioner Thomas Curley said Deputy Commissioners Erin Dreyer and Christine Gillmett-Brown had been working together on developing a way to hire an additional temporary parking enforcement officer through the end of 2003. He said they have identified a revenue stream from the excess in the parking ticket line that will cover this cost. He said he was now in a position to hire that individual and would do so. Public Safety Emergency Plan during Blackout Previously discussed. Pedestrian Crossing Channelization Devices Commissioner Thomas Curley said there was some discussion at the last meeting on utilizing pedestrian crossing channelization devices. He said he had spoken to the fire, police and traffic departments and there was general consensus among those departments that those devices not be used. He said they impose a number of traffic problems and also allow for a false sense of security. He said state law also prohibits the use of them at midway points. He said there was some discussion that it made it more difficult to maneuver emergency vehicles with the devices in the roadways. He said there has been some discussion on signage and they will look at ways to enhance the signage. Commissioner Thomas McTygue said the Adelphi Hotel & Phila Street area was of particular concern to him. He suggested that signage be placed in that area. Aerial Ladder Fire Truck Commissioner Thomas Curley announced that the new fire aerial ladder truck has arrived. He thanked all of those individuals who were instrumental in obtaining this truck. SUPERVISORS The Wall that Heals Phil Klein said a letter had been received in connection AThe Wall that Heals@ in connection with the Vietnam Memorial. He said there will be an exhibit in Cohoes and a letter had been sent to officials asking for participation during this event. Mayor Kenneth Klotz said he did receive the letter and Deputy Mayor Hank Kuczynski will represent him. Power Outage Phil Klein said the Governor had made a declaration that the municipalities may recoup any costs incurred during the recent blackout. Both Commissioners Thomas McTygue and Thomas Curley noted their costs were minimal. Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 19, 2003 Co-generation project Anthony Scirocco said in 2000 the County sought proposals for performance contracts to replace the air conditioners and lights a Maplewood Manor with the intent to have the project paid for over a ten year period with no cost to the county. He said the firm Siemens came back with a proposal to design and install a cogeneration system at Maplewood Manor. He said all the lights and the air conditioners were replaced with a ten year pay back at no cost to the County. He noted that the County went off the grid on December 2, 2002 and there has been no wire connection to Nimo as of that day. He said they have been generating their own electricity with the cogen units that burn natural gas since that time. He suggested that the City consider looking into something like this. Commissioner Thomas McTygue asked that Anthony Scirocco gather information on that matter and forward it to him. Anthony Scirocco agreed. ADJOURNMENT Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 9:15 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:15 p.m. Respectfully submitted, Stephen E. Towne City Clerk Approved: Page 16 of 16