City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 16, 2003 7:00 P.M. PRESENT : Commissioner Thomas Curley, DPS Commissioner Michael Lenz, Finance Kenneth Klotz, Mayor 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 COMMENT PERIOD Dan Hurwitz, Green Party Candidate for Commissioner of Public Safety, distributed information on the Green Party approach to the Parking Committee Blueprint. He said there had been some discussion on the pedestrian signage throughout the community and in particular at Union Avenue and Regent Street. He then displayed two types of pedestrian signage. He suggested that the City look into using the AState Law Yield to Pedestrians in Crosswalk@ sign rather than just the sign with the pedestrian. He reminded everyone that it was state law to yield to pedestrians in crosswalks and said the City should give this some thought. Johnnie Roberts, said she grew up in Saratoga Springs, moved to New York City, but recently returned. She said since she returned, she had not been able to afford to buy a house and had been forced to move in with her parents. She said since returning to Saratoga Springs approximately six years ago, the rents have gone up astronomically. She suggested that when the City addresses the affordable housing issue, that some discussion be devoted to affordable rents. She said perhaps there were ways to subsidize both tenants and landlords. She reminded everyone that it is important to live where you work and the price of housing is forcing people to move from this area. She said she did not want to leave Saratoga Springs and asked that the Council think about affordable rents as well as affordable home buying. Dennis Brunnelle, Director EOC, said there is a task force on affordable housing. He said Johnnie Roberts= problem of finding affordable rent is rampant in Saratoga springs. He said people are being forced to leave this community due to the high rents. He pointed out that many of the employees in the hospitality industry cannot afford to live here. He said the task force is working with developers, churches, not-for-profit agencies and other municipalities on this matter. He said that on behalf of the affordable housing task force, they encourage the Council to support the proposed trust fund. He said while the details of that proposal had not yet been worked out, they still supported the concept. He said that the task force is willing to work with the Council on this matter. MAYOR =S OFFICE Recreation Department -- Update on Availability of Facilities Linda Terricola, Recreation Department Director, reviewed the Recreation Department=s facility situation. She said thanked the Harness Track for allowing the use of their facility for the City=s soccer program. She also Page 1 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 thanked DPW for maintaining those fields. She said while they are grateful for the use of that facility, future availability is unknown. She said the PBA site has been rested for some time and was hopeful that it could be used next spring. She said registration for the winter programs such as basketball, lacrosse, etc., will be soon and she anticipated a large turnout. She also noted that one of the surrounding municipalities had restricted the use of their facilities down to almost nothing. She said the availability of indoor facilities is diminishing from year to year. She said if this continues, they will be unable to accommodate the numbers wishing to participate. Mayor Kenneth Klotz thanked her for this information. He said he knows the Recreation Commission is concerned about this matter and that they are working toward a solution. Recreation Department -- Paving of City Recreation Courts Mayor Kenneth Klotz said he had made this request two weeks ago, that because of the sale of the Excelsior Avenue Ice Rink, some of that money should be used to pave these courts. He said that memorandum had been distributed last week seeking approval for this work. Mayor Kenneth Klotz then moved and Commissioner Stephen Towne seconded to approve the expenditure of $61,000 to Copeland Paving for paving of the City =s tennis courts. Linda Terricola said the work would begin on Monday and it would take about two weeks to complete. Ayes all. Community Development B Announced 2002 CAPER Brad Birge said the City is bound to submit the Consolidated Annual Performance & Evaluation Report annually which describes their activities and details their expenditures. He said this report is available for review through September 30 and is available in his office, the public library, the WEB, etc. He said after September 30 the report will be submitted to HUD. He said no Council action was needed tonight. Community Development -- Authorization for Mayor to sign CDBG Subrecipient Agreements (03-148) Brad Birge said that the subrecipient agreements for the 2003 program had been distributed to the Council. He said these agreements simply detail the commitments of the funding for these programs. He reminded Council members that the Council had already made the commitment for this funding and these were just the agreements to fulfill that commitment. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the subrecipient agreements as previously distributed. Ayes all. Blue Ribbon Parking Committee Mayor Kenneth Klotz said that on Monday, Matt McCabe, Chair of the Parking Committee, released the parking report. Matt McCabe, began by thanking the members of the committee. He said a lot of time and energy was put into this report. He said this report included recommendations from past reports as well as review of pedestrian flow and traffic patterns. He said the City is not in a crisis mode yet, however, they did include some aggressive recommendations. He then highlighted some of those recommendations noting that some could stand on their own and be developed over time. He said Commissioner Thomas McTygue=s recommendation for the parking structure on Woodlawn Avenue had been included, as well as a shuttle system that could bus people from NYRA and other strategic locations. Mayor Kenneth Klotz said pedestrians are an important part of the solution. He said we need to find ways to encourage walking and to be more pedestrian friendly. Page 2 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Matt McCabe said solving the City=s parking problem does not necessarily mean more parking spaces. He agreed that there are alternative methods of getting to the downtown area through a shuttle system, biking, walking, etc. He said along with that, though, came signage. Commissioner Michael Lenz noted that one of the short term parking solutions from his committee was signage. He reminded everyone that additional parking was provided by turning over the spots more quickly. He said his committee would return in the near future with long term recommendations. He said, though, that he had some concerns with a parking authority and paid parking. He noted that the City already competes with the malls and shoppers do not pay for parking at the malls. He said creating a parking authority may be simply adding another layer of bureaucracy. He noted that the Special Assessment District is already in place and could handle this matter. Matt McCabe said he too was somewhat skeptical with a parking authority at first, however, had since learned that through this process, the Council could take the initial steps to establish the authority. He said it did not necessarily need to be started at this time but because of the legislative process and the time it takes to create such an authority, it would be good to start the process now. He said paid parking could be for new spaces only. He said he did not believe there should be meters along Broadway. Mayor Kenneth Klotz said that constructing a parking structure was the most expensive option. He said some of the recommendations of this report could be considered in the 2004 budget. Mayor Kenneth Klotz thanked Matt McCabe and the committee members for the time spent on this report. Downtown Special Assessment District B Appointment Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to reappoint Ray Morris to the Downtown Special Assessment District Board and to appoint Bruce Levinsky, to replace Cindy Hollowood. Commissioner Stephen Towne said he would like to see this motion tabled. He said this is an item with quite a bit of history. He said his reluctance to vote on this matter this evening had nothing to do with the individuals but rather the process itself. He said there have been two openings for quite some time. Mayor Kenneth Klotz agreed there was some history. He said he had originally sought an approval by memo to appoint individuals to this board. He said generally the SAD has a pool of individuals and they make a recommendation to the Mayor=s Office for appointment to this Board. Commissioner Stephen Towne said generally the Council approves those names submitted by the SAD. He said he was not comfortable with approving appointments to this Board that has not been worked out with the SAD. He said he would like to have some discussions with the SAD on this matter. Therefore, he would like to table the motion. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to table the motion. Mayor Kenneth Klotz said he was would agree to tabling the matter so was not sure that a motion was necessary. He reminded Council members that there is legislation that states that the appointments to the SAD are made by the Mayor with Council approval. He said he tried to make these appointments nearly a year ago and was essentially told by the SAD that it names its replacements and that the Mayor is somehow obligated to appoint those recommended individuals. He said he recently spoke to Ray Watkins, formerMayor, and that was not his opinion of the agreement between the City and the SAD. He said at this point he had reached an impasse with the SAD. He said if the Council did not approve these appointments there would be two more individuals with expired terms serving. He said he was willing to work with the SAD to come to a resolution on this matter. Commissioner Thomas McTygue asked how many members there are on this board and how many terms were expired. He questioned whether this Board was operating legally, with all of the expired terms. Page 3 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Commissioner Stephen Towne said it was his understanding that individuals serving on a board serve until they are replaced and he believed the Board was acting lawfully. He also said he did not believe the participation of the SAD is the selection process obligated the City in any way. He said his point was that the SAD should be part of the process. He said he would be happy to assist in this appointment process. Quit Claim Deeds (03-149) Mayor Kenneth Klotz explained that these two properties Rivet, 90 White Street, SBL# 166.77-1-1 and Lu, Route 9 Rear, SBL 191.8-1-46.111 should not have been included on the list for the recent auction. He said the City has been asked to give quit claim deeds to these property owners. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the Quit Claim Deeds for Rivet and Lu. Ayes all. Reserve Accounts B Sale of Old Ice Rink Property (03-150) Mayor Kenneth Klotz said the proposed language for these reserve accounts had been circulated. He said he would be seeking approval for both of these accounts. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the establishment of these two reserve accounts with one having funds totaling $253,000 for the Spring Run Trail and the other having funds totaling $750,000 for the purchase of replacement parkland and/or for capital improvements to existing parkland (Attachment A). Commissioner Michael Lenz said we need to be sure that paving of the courts could be funded from this account. Mayor Kenneth Klotz said there had been some discussion on that and it had been determined that the funding for the paving of the courts could be paid from this account. Commissioner Michael Lenz said there are still some remaining funds, approximately $90,000, that the City has access to. He said there could be some overruns on the Spring Run Trail expenditures and the City needs to be sure that the funds are allocated appropriately. Mayor Kenneth Klotz agreed this needs to be clear. Ayes all. Affordable Housing Trust Fund Mayor Kenneth Klotz said there were several recommendations from the task force and one of those was to set up an affordable housing trust fund. He said other recommendations were to establish a group of trustees to oversee those funds and to make it more attractive to builders to become part of this affordable housing issue. He said that could be done through incentives, fast tracking proposals, an affordable housing overlay district, etc. He said fast tracking proposals and an affordable housing overlay district would be referred to the Planning Board for their review and recommendation. He said at this time he would like to move forward with establishing a trust fund. He said it is fairly simple and he believed there was a broad spectrum of support throughout the community for such a fund. Mayor Kenneth Klotz said affordable housing is an issue for this entire community. He said individuals in the health care, banking and hospitality fields are being priced out of this community. He said the proposal tonight is to set up a fund and then at some point contribute to that fund. He said he hoped the community, businesses and industry would at some point contribute to this fund. However, at this time he was only proposing the establishment of the fund. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the establishment Page 4 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 of the Affordable Housing Trust Fund. Commissioner Michael Lenz agreed that the recommendations of the task force needed to be reviewed in more detail. He noted that the lack of details on this specific motion was an important component that was missing. He said he received an e-mail today from Remigia Foy expressing her concern about the lack of details such as the technical administration of the funds, private and public roles, where might the neighborhoods be located for the overlay district, eligibility requirements, how will affordable housing be defined, etc. He said details such as those needed to be worked out first. He also reminded everyone that there are two new positions which need to be funded in the 2004 budget, there will be an increase in health insurance, liability insurance, workers compensation, the retirement system contribution, necessary capital improvements, etc. that also need to be considered. He said the trust fund needs to be considered in the context of the 2004 budget. He said if the Mayor so desired, it could be included in his budget proposal. He said he even with private contributions there would still need to be public funding. Mayor Kenneth Klotz said the mechanics of setting up the fund are included within the second recommendation. He said there are still some details that need to be worked out in that area. He said he did not believe those details as noted by Commissioner Michael Lenz were necessary in order to approve the establishment of this fund conceptually. Brad Birge said the trust fund would be used by the City to assist people in improving the quality of their lives. He said there would be restrictions on how those funds were to be used. He said that existing programs assist some first time home buyers, allows for some direct subsidies, etc. He said this new fund would be used for those families or individuals in the lower and middle income range. He said there needs to be an ongoing source of investment to allow the fund to grow and there needs to be an ongoing partnership with the community. He said what the committee envisioned was a committee of about 15 individuals, including businesses, Council representation, not for profit agencies, etc., who would guide and manage these funds Mayor Kenneth Klotz said he had not yet seen the e-mail from Remigia Foy, but he was only asking for conceptual approval. He said these recommendations had been circulating for months and he was now ready to move this forward. Commissioner Thomas McTygue asked if this fund could be opened with Community Development Funds. Brad Birge said this program could apply for Community Development funds much like any other agency applying for funding. Commissioner Thomas McTygue said he saw no reason not to move forward. He said the Mayor was not asking for any money at this time. Commissioner Stephen Towne said that Commissioner Michael Lenz had some valid points. He questioned whether this could be Community Development funds or whether it would require some funding from the general operating budget. He said that the recommendations from the committee were good recommendations, but he believed that it deserve more attention from the Council and that perhaps workshops were in order. He said that the Council did not need all of the recommendations, however, the reported and the recommendations did need more research and review. He said that at this time we don=t know where the funds are coming from and that was an important matter. Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to table the motion . Ayes: three; Nays: two (Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion carried. Weibel Avenue/Gilbert Road Study B Funding from Contingency Mayor Kenneth Klotz said this project had originally been funded through the Capital District Transportation Commission with a 20 percent match from the City. He said there were some legal advertisement requirements that were necessary that were not budgeted and the City now has a bill of $1,132.56 that needs to be paid. He said it was the City=s legal obligation to advertise the meetings and to pay the invoices. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to pay the invoice of Page 5 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 $1,132.56 for legal advertisements and the funding come from the contingency budget. Commissioner Michael Lenz asked if the City recently funded an additional $3,000 for the portion that the Anderson family refused to pay. Mayor Kenneth Klotz said yes. He said this legal advertisement was above and beyond that $3,000. Ayes all. Blood Drive Mayor Kenneth Klotz announced that there would be a blood drive on September 19, from 1:00 p.m. to 8:00 p.m. in City Hall in the Music Hall. He said this blood drive would be sponsored by Channel 13 in cooperation with the American Red Cross. He said they were hoping for at least 80 pints. Executive Session B Land Acquisition Mayor Kenneth Klotz requested an executive session to discuss land acquisition. Council members agreed. National Alcohol and Drug Addiction Recovery Month Mayor Kenneth Klotz announced September as National Alcohol and Drug Addiction Recovery Month. Saratoga Hospital PUD Matt Jones, attorney representing the hospital, said he was here this evening on three separate technical requests. He said on July 15, the Council adopted a resolution and forwarded the application to the City Planning Board for review and recommendation. He said the Planning Board is currently conducting that review and the hospital is addressing neighborhood concerns. He said the City Planning Board will take action on this item tomorrow evening. Matt Jones said in order to keep this application process on schedule and for the Council to take action on October 21 they request that the Council set a public hearing date of October 21. He said typically, the Council would wait until the Planning Board had completed their review but that won=t happen until tomorrow evening. He said the second request is that the Council authorize the submission of the materials to the County Planning for their review. He said the Council could authorize that submission of materials via memo on Thursday, after the City Planning Board=s review. He explained that the County Planning Board meets at 4:00 p.m. on Thursday. It was agreed that the Council would authorize the submission of the material to the County Planning Board via memo on Thursday. Matt Jones said the third request was that the Council hold the applicant=s request to purchase North VanRensselaer Street for a while. He said they are working with both the neighbors and the Real Estate Committee on this matter. Mayor Kenneth Klotz said it was important that the neighbors be involved in this process. Matt Jones said they are doing so. Matt Jones said this project includes the construction of a radiation therapy center on the eastern side and a five-story addition near the northwestern corner. He said they have been working closely with the neighbors from Woodland Court. Victorian Streetwalk Mayor Kenneth Klotz said there had been a request in late August from the Downtown Business Association Page 6 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 for funding for the Victorian Streetwalk. He said the initial request was for $7,550, however, the request was delayed for more information. He said tonight he was seeking approval for funding the streetwalk. Mark Baker, President Downtown Business Association, said he had sent a letter to the Council on this matter. He said they have since reviewed the budget on this event and they want to continue sponsoring the evening for the community. He then reviewed some of the points within his letter noting that the DBA is a viable and important organization of this community, the Victorian Streetwalk is an important community event that enhances the ambience of the City and generates business activity such as retail sales and sales tax, the DBA has recently had a change in leadership; the SAD has contributed and will continue to contribute to the DBA for these Victorian Streetwalk, however, there had been a change in that funding; the DBA did not plan to abdicate ownership; the DBA wants to own as much of the projected financial shortfall as possible; and in the event in subsequent years that additional funding would be necessary, the DBA would follow the normal budget process. He said at this time, he respectfully requested on behalf of the DBA funding of $3,800 for the 2003 Victorian Streetwalk. Mark Baker said they were willing to look into creating other revenue streams. He said the SAD had been faithful in their continued contribution to this event, however, they have now requested that their funding be used somewhat differently. He said the streetwalk continues to grow and the expenses continue to grow. Mayor Kenneth Klotz asked if $3,800 would be enough for this event. Mark Baker said there had been quite a bit of energy created through these discussions and along with that has come quite a bit of interest. He said with that interest there would be new ideas. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve funding in the amount of $3,800 for the DBA for the Victorian Streetwalk from the contingency fund. Commissioner Stephen Towne said in his discussions with Mark Baker he found that there had been a change in leadership, a change in the way that the SAD would like their funding utilities, etc. He said this was a good way to establish a partnership with the DBA and he would support the motion. Commissioner Thomas McTygue suggested that perhaps some creative ways to market material such as a Christmas ornament during the streetwalk and could be considered. He said his department had found ways to market the carousel to create revenue. Mark Baker said he was not interested in selling trinkets on the street during this event. He said this event is marketed as a family event to bring people to the downtown. He also noted that the DBA already pledges more than $10,000 to cover some of the expenses. He said the Victorian Streetwalk was initially marketed as an Aopen house@ event for the City. Commissioner Thomas McTygue said there was nothing wrong in finding creative ways to create revenue. Ayes all. Paving of City Recreation Courts Previously discussed. Cable Television Media Coordinator Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to authorize the expenditure of up to $12,000 for the Cable Television Media Coordinator position. Ayes all. ACCOUNTS DEPARTMENT City Council Meeting Minutes B September 2, 2003 Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the Page 7 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 September 2, 2003, meeting minutes. Ayes all. Insurance Litigation Settlement (03-151) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that pursuant to the Council =s executive session held on September 2, 2003, the Council approve the terms of the settlement recommended by the City =s Attorney =s Office in the case entitled, ACynthia Martin-Diver against the City of Saratoga Springs @. He noted that inquiries concerning the details of this settlement may be directed to the City Attorney =s Office. Ayes all. Risk Management Monthly Report Marilyn Rivers informed Council members that the Safety Committee continues to review OHSA/Department of Labor Log of Work Related Injury and Illness in regards to Lost Medical Time on Workers Compensation Cases from a safety perspective. She said they also reviewed OSHA material on hand and power tools, foot protection and Cornell Roads Program Nuggets and Nibbles for summer 2003. She noted that Paul Male would be working with DPW during the fall on a snow plow education program. She informed Council members that DPW had completed the ordering of the eyewashing station equipment and would be in full compliance in the very near future. She said they also discussed coin drop safety information and they were close to a final draft on the fleet safety program. Marilyn Rivers said for risk management she continued to review the budget impacts associated with OSHA required safety equipment. She informed Council members that the City recently settled a claim and received a payment for electrical damage to the Saratoga Music Hall in the amount of nearly $1,600. She said the City=s Hold Harmless Agreement was essential to the City=s success in obtaining this reimbursement. She said the City also received nearly $7,000 in insurance reimbursement for three automobile accidents. Marilyn Rivers also informed Council members that the City recently had a complaint dismissed by Judge Nolan in connection with a trip and fall in front of Congress Park on December 31, 2001. She said due to that decision, it was now the plaintiff=s obligation to show that the City did not receive prior on a claim notice. Marilyn Rivers said the fixed assets policy had been reviewed and preliminarily approved by Finance and would be distributed to the Council for review. Marilyn Rivers said the Safety Committee is interested in promoting education for National Fire Prevention and Safety Month. She said they would be working with NYMIR, Capital Risk Associates and DPS on finding ways to promote this matter. She said through the Department of Homeland Security/FEMA she had ordered free educational materials for this event. Commissioner Thomas Curley said in conjunction with the National Fire Prevention Safety Month he too would like to thank NYMIR and Capital Risk Associates for partnering with the City on this matter. He said it was important to educate children on fire prevention and safety and the City=s fire department will take an active role by hosting an open house on October 11. He said the donation of materials from Risk Management will be of great help. He noted that Risk Management will also be distributing materials throughout October to employees on fire prevention and safety. Barry Herbold Contract B confirmation of previous approval (03-152) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo for Empire State Appraisal Consultants (Barry Herbold) for land appraisal services for the Niagara Mohawk Article 7 matter. He said as a reminder there is a cap of $18,000 for the preparation of the appraisal report but there will be additional fees for post appraisal services, including trial preparation, court appearances, etc., which were outlined in the proposal. Ayes all. Page 8 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Vital Records Management B BAS Contract (03-153) Commissioner Stephen Towne said everyone is aware that the new charter comes into effect in January. He said at that time, the vital records (birth and death) function moves from Public Safety to my office. He informed Council members that over the last several months, his staff has been working with various departments in City Hall including Public Safety and Finance on making this transition as smooth as possible. He said City staff believes the transition can be done more smoothly by increasing our technology capabilities using a new software program designed to integrate with our current Munis program. He said after much research, a local company, Business Automation Services, Inc., (BAS), was identified. He noted that this company currently provides the Clerk Software package to nearly every town and city clerk within Saratoga and surrounding counties. Commissioner Stephen Towne said the Accounts Department staff received approval from the necessary governmental agencies (Agriculture & Markets, Department of Health, Racing and Wagering) and all of the agencies have assured my staff that the BAS software package has a proven track record of compatibility and integrates with their existing procedures and programs. He said Kevin Kling, IT, Finance Department, has worked closely with BAS on developing an export program so that the data from this program could be exported to the Munis software program without additional work or keystrokes for either department. Commissioner Stephen Towne said City staff can now continue automating the process of locating and printing historical records for genealogical purposes as well as allowing the automation of other licenses such as games of chance, restaurants, hotel/motel, currently being issued by the Accounts Department staff. He said that currently those licenses are handwritten. Commissioner Stephen Towne said BAS demonstrated the program to City employees from Public Safety, Finance and Accounts and all are enthusiastic with this new program. He said the software agreement has also been reviewed by Purchasing and meets City Purchasing Guidelines. He said that Records Management, Risk Management and the City Attorney=s Office have also reviewed the contract. Therefore, Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to authorize the Mayor to sign the agreement with BAS for the clerk software package in the amount of $10,490. He said this package will interface with the City =s existing Munis software and will allow for the automation of issued City licenses. He said the money was within his budget. Ayes all. Business Recovery Plan Commissioner Stephen Towne said that at the April 1 City Council meeting, Nancy Wagner and Kevin Kling addressed the City Council on creating a Business Recovery Plan for the City. She said the objective of this plan is to restore essential City business functions in the shortest period of time possible in the event of a disaster. She said they have drafted a Business Recovery Survey, which was circulated with the City Council agenda. A copy was also given to the City=s labor attorney John Poklemba, the City=s Risk Manager, CSEA local President Kevin Veitch and Assistant City Attorney Tony Izzo. Nancy Wagner said at the April 1 City Council meeting, Kevin Kling and she presented to the Council a proposal for the City=s Business Recovery Plan. She said that three areas to be addressed included: a) automated records; b) paper/hard copy records and c) location and resources (Location and resources involves having an alternate place to be able to carry out essential daily business functions and the necessary software, equipment and records to be able to do so). Nancy Wagner said that in order to determine which automated and paper City records and what resources are essential to particular office functions and City services, Kevin Kling and she had developed a questionnaire/survey which will be distributed to employees this week. She said that If anyone had any questions or is uncertain about how to answer a particular question, both Kevin Kling and she will be available to assist them throughout the process. She said the information gathered from the surveys is fundamental for Page 9 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 the City to identify the information and tools City employees need to do their jobs and continue to service the residents of Saratoga Springs in the event of a minor or major crisis. Nancy Wagner said they have set the deadline of October 10 for the responses, then the following steps will be taken: -- Review each survey and make a list of all essential automated and paper records that each employee deems necessary to do his or her job. B Make a list of equipment and resources such as computers, cash registers, workstations and software essential to each employee=s function. -- Note next to each entry on the list what is already in place. For example, which records are available on microfilm, which can be quickly reproduced from other sources such as the County or the State and which records are already being backed up on the server. Original silver microfilm and the computer backups are currently stored offsite. -- Consider what steps such as purchases or actions are necessary for the City to ensure that services and essential functions can be resumed quickly in the event of a disaster. -- Present a report to the City Council that will include recommendations of services and equipment purchases, actions to take regarding marking boxes or moving essential files to a particular location and marking that area accordingly. Nancy Wagner said some steps have already been taken toward the goal of an effective Business Recovery Plan. On the side of Information Technology, Kevin Kling, the City=s Information Technology Systems Manager provided the following information: At the end of July, the City finished the implementation of a new computer system that allows recovery of a major part of the City=s IT infrastructure for placement at an offsite location. The second half of this system is currently being set up. Once in place the City will be able to have the accounting system: payroll, accounts payable, receipt of payments and the City=s file server available quickly in the event that offices are rendered unavailable. This is an essential step of our plan that has been in progress since early 2002. When the two halves of the system are fully implemented, the City will have a system with full redundancy to enable us to resume service within hours.@ Once the system is operational, the City would have a level of redundancy equal to what most banks have. A brief procedure will be written and stored off site and will enable the system to be easily put into operation by anyone with minimal computer background. The critical computer side of the Business Recovery Plan is just about done. Finding out what we need to do with it is the purpose of the surveys. The next steps in this process are: 1. To find a location where this equipment can be operated that has enough space for employee workstations. 2. To identify and provide the mechanical resources such as backup power, environmental controls, cash registers and software necessary to make the temporary site into a functional workplace. Nancy Wagner said the survey will help Records Management ascertain which files are required for people to be able to do their jobs with minimal disruption. Progress has been made including: 1. Many important records prior to 1995 have already been microfilmed with the silver originals stored off site. These records include City Council minutes, minutes of the Planning, Zoning, and Design Review Boards; Assessment and Tax rolls, Payroll ledgers, General Ledgers, Water/Sewer ledgers, budgets, annual reports and audit reports. 2. Automated indexes of inactive records have been created for several departments including the Mayor, Finance, Public Works, and the Department of Accounts. She Page 10 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 said that she had finished automating an index of inactive personnel records for the Payroll Administrator. Copies of these indexes will be stored off site. They will help us determine what we had, what we lost and they contain enough information to ease the burden of the loss. 3. Next year=s grant cycle will give us an opportunity to apply for funding for projects that will prevent a burdensome loss of valuable information such as the installation of fire suppression systems in areas of irreplaceable City records. 4. The City has put forth a capital proposal for preservation microfilming of the City=s Birth, Death and Marriage records because these records are not duplicated locally and retrieving the information from the State could take as long as six months. Nancy Wagner said the survey will allow us to determine which resources are necessary for employees to function offsite. She said this is important information since we cannot provide something if we do not know it is necessary. She said the cooperation of everyone is needed in order for us to provide the services and resources that will be necessary under extreme circumstances. Commissioner Stephen Towne said once the survey had been reviewed by both the Risk Manager and the labor attorney, it would be distributed. He asked what was the timetable for reporting to the Council. Nancy Wagner said she hoped to report to the Council again in November. Ordinance Review B B&B, Rooming House, Boarding House, etc. Commissioner Stephen Towne said the present City Code Chapter 136, entitled AHotels & Food Establishments@ is a 1994 revision of the City=s old AHousing and Restaurant Code@ which dates to 1958 but which also incorporated a lot of older sections that dated to the early years of the 20th century. He said some of these early provisions remain in the current Chapter 136, even though they are regulated today under NYS Health and Sanitary codes. He said it is time to remove such older legislation from Chapter 136, because it is either no longer pertinent or it is regulated by the state. He noted that we are also frequently asked about the classifications of ARooming House@, ABoarding House@ and ABed & Breakfast@ as they exist in Chapter 136 and in the Zoning Ordinance. There is some added difficulty since the State Uniform Codes refer to none of these terms, but rather to a ABed and Breakfast Dwelling@. He said these differences have caused confusion for applicants and City Officials. Commissioner Stephen Towne said announced the formation of a committee to review this ordinance and asked for representation. He said he would announce the members at the next meeting. FINANCE DEPARTMENT Payrolls B Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following payrolls: September 5, 2003 -- $398,498.72 and September 12, 2003 B $368,479.56. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2SEP03- -- Warrant 2-30 General Fund $ 227,184.34 City Center Authority 34,397.51 Water Fund 31,655.59 Sewer Fund 1,228.29 Capital Project 40,397.62 Special Assessment District -0- Page 11 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 49,344.26 $ 384,207.61 MC091003 B Warrant 2 General Fund $ -0- City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 49,300.00 $ 49,300.00 MC030910 - Warrant 2 - 7 General Fund $ 43,424.26 City Center Authority 1,000.00 Water Fund 8,756.03 Sewer Fund 1,910.54 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 99,322.49 $ 154,413.32 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment B). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment C). Ayes all. Bond Resolution B Approve (03-154) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded that the Council approve the resolution authorizing the issuance of serial bonds of the City of Saratoga Springs, in an aggregate principal amount not to exceed $5,103,543 pursuant to the local finance law to finance various capital projects in an for said City and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Commissioner of Finance (Attachment D). Commissioner Michael Lenz said this bond would cover the cost of the replacement of Ball #1 and Ball #2 pump stations in the Grande Industrial Park; the construction of highway improvements to South Broadway from South Fenlon Street to West Circular Street including a new turning lane on Ballston Avenue between Page 12 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Hamilton Street and South Broadway. Roll call vote: Commissioner Stephen Towne aye Commissioner Michael Lenz aye Commissioner Thomas McTygue aye Commissioner Thomas Curley aye Mayor Kenneth Klotz aye Motion approved . Amendment to August 5, 2003, meeting minutes Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to amend the August 5, 2003, meeting minutes on page 6 noting that ABlue Street Boulevard @ should read as ABlue Streak Boulevard @ and on page 16, the salary increase for the part time employees be increased from $10.25/hour to $10.50/hour. Ayes all. 2002 Audited Financial Statements Christine Gillmett- Brown distributed the 2002 audited financial report. She said this was a complete audit with no significant findings, adjustments or entries. She said the management letter noted two items that should be reviewed B Community Development delinquent loans and tax sale receivable items. She said they have suggested that those balances be written off. Commissioner Michael Lenz suggested the Council read the material and contact him with questions. Retirement Bill B 2004 Deputy Commissioner Christine Gillmett-Brown said they recently received the estimate for the 2004 retirement bill and noted that there will be a significant increase. She said it is estimated that the City=s cost will be slightly more than $2 million which is approximately $1.3 million more than last year. Mayor Kenneth Klotz asked if that was a firm estimate or would market conditions change that amount. Deputy Commissioner Christine Gillmett Brown said it was a firm estimate. Mayor Kenneth Klotz asked if there was any sort of cap on what the City could pay. Deputy Commissioner Christine Gillmett-Brown said no, however, there will now be a minimum of 4 percent. She said in previous years, it had been close to zero. Mayor Kenneth Klotz asked if this amount could continue to rise. Deputy Commissioner Christine Gillmett-Brown said according to the state, they anticipate increases over the next four to five years. She also noted that as the City=s salaries continue to rise, the payment rises accordingly. Mayor Kenneth Klotz asked if the projected increases might be similar to this increase. Deputy Commissioner Christine Gillmett-Brown said yes. She noted that the Police and Fire contributions are up about 13 percent. She said though that these increases are not as bad as they had been from some years ago. Investment Policy B Draft Deputy Commissioner Christine Gillmett-Brown circulated a draft investment policy. She said that due to the new charter, the Finance Department needed to update this policy. She said the last time it had been updated was in the 1970s. She said the state review also noted that it should be updated. She said it was a rather lengthy document that would be submitted to the State Comptroller=s office. She said she had followed the State Comptroller=s format and noted that once submitted, the state comptroller=s office would review and inform her of areas that may need modifications. She said they would not review the document as a courtesy before submission. She said it was her intent to bring this document back to the Council at a later date for more discussion. She said it was her understanding that there needs to be a local law and public hearing before adopting the document. Deputy Commissioner Christine Gillmett-Brown said there had been some difficulties with the time frame of turning money over to the Finance Department within the ten-day time period. She said they need to work with the various departments to shorten that time frame. Mayor Kenneth Klotz asked if there were state and federal laws governing investments. Deputy Commissioner Page 13 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Christine Gillmett-Brown said the general municipal finance law states what securities are eligible and they are generally quite conservative. Commissioner Stephen Towne asked if the Council was to review this document before submission. Deputy Commissioner Christine Gillmett-Brown said the Council needs to adopt the document and then it would be submitted to the State Comptroller=s Office. She said the State Comptroller=s Office would not review the document before formal submission. Commissioner Stephen Towne asked if there was anything with this particular form of government that makes this policy unique or different from other standard policies. Deputy Commissioner Christine Gillmett-Brown said the City=s charter identifies the Finance Department as the caretaker of the City=s funds and also identifies Finance as the guardian of the funds. Commissioner Stephen Towne asked if it was necessary to have a supermajority for voting on financial matters. Deputy Commissioner Christine Gillmett-Brown said she believed that the Commissioner of Finance was bound to act on the will of the Council. Mayor Kenneth Klotz asked what was the deadline. Deputy Commissioner Christine Gillmett-Brown said she hoped to have discussion at the October 21 meeting and adoption at the first meeting in November. August 31, 2003, Monthly Finance Report Deputy Commissioner Christine Gillmett-Brown distributed the August 31, 2003, monthly financial report. She noted that expenditures should be at about 64 percent and most departments were on target. She said the Accounts Department was slightly behind, but they had some larger payments coming up in the fourth quarter. She said Council members need to continue to monitor their budgets and to inform the Finance Department of any unexpected expenditures that may require funding from the contingency of surplus funds. Commissioner Michael Lenz noted that the contingency fund was at about $39,000 before tonight and is probably down to about $24,000. Property Auction B Accept Bids (03-155) Deputy Commissioner Christine Gillmett-Brown said that the City=s property auction was held on Saturday and the City sold parcels totaling $109,000 plus $39,000 in back taxes. She said the City made a $71,000 profit on this sale. She then noted all of the parcels sold (Attachment E). Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded that the City accept the bids as presented. Commissioner Michael Lenz said the City had set a precedent after the last auction that the excess funds from the sale went to the parking solution fund. He said he would like to place the excess funds from this sale in that account and would come back to the next meeting with that resolution. Ayes all. Capital reserves Commissioner Michael Lenz noted that this item had been previously discussed. DEPARTMENT OF PUBLIC WORKS Agreement with County on MS4 Grant Program and Vote on Resolution (Stormwater) (03-156) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the application for MS4 Grant Program and to adopt the resolution as presented (Attachment F). Paul Male noted that there had been a change in that the resolution was now with the Town of Malta and not Saratoga County. Page 14 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 Ayes all. Lease Agreement with Niagara Mohawk (03-157) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to enter into the lease extension agreement with Niagara Mohawk for the Weibel Avenue parcel. He noted that agreement provides for monthly rental fee of $4,500 and the length of the agreement is for a period of up to five years. Ayes all. Paving Schedule Commissioner Thomas McTygue announced the paving of Lamplighter Lane and Wagon Wheel Trail. Geyser Crest Well Fields William McTygue, Director of Utilities, said there recently was a letter in the local newspaper with misleading information on the City=s water supply. He said the question was raised as to why the City does not utilize more fully the Geyser Crest well fields. He said based on current data, it is misleading to suggest that a solution exists by simply expanding the Geyser Crest well system. He said it was misleading to allow residents to think that there is an unlimited amount of water under our feet. He said that aquifer had experienced a draw down by not only the City but surrounding communities. He said DPW imposed a moratorium on the Geyser Crest wells in March 2002 because of the low levels. He said since that time though, there have been heavy rains and the wells are back up. He said there still must be constant monitoring of the wells though and much depends on the seasonal conditions. He said Council members should refer to page 8 of the City=s water study and in that study it concluded that expanding the Geyser Crest well fields was inadvisable. He said that based on prior experience, the wells were not capable of pumping the kind of water that was initially indicated. He said that while this system continues to provide the City with good water, it is not the solution to the City=s long term water needs. Mayor Kenneth Klotz noted that is consistent information that has been available for quite some time. He said the question of using the Geyser Crest well fields had been asked and definitively settled more than a yearago. William McTygue said there has been some discussion on the potential solution of expanding the Geyser Crest well fields, but it was not advisable. He noted that there is a draw on the well fields by surrounding communities. City Hall Annex Roof Repairs Commissioner Thomas McTygue said a memo had been distributed on the roof work that needed to be done to the City Hall Annex. He said there have been considerable leakage problems with the roof when there is bad weather. He said they propose to hire Midstate Roofing to repair the roof at a cost of $9,990. He said this was an emergency repair. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the hiring of Midstate Roofing to repair the City Hall Annex Roof in the amount of $9,990. He said he would make every attempt to pay for this repair from his budget. Ayes all. Announcement B Water Main Break Commissioner Thomas McTygue said that last night around 10:30 p.m. there was a major water main break. He said this was a considerable job, late in the evening and it was raining. He commended his crews for repairing this break quickly and efficiently. He said the repair work was done by about 6:30 a.m. and it was likely that residents did not even know it happened. He thanked his staff for doing such a good job. Page 15 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 DEPARTMENT OF PUBLIC SAFETY Budget Transfer for Crossing Signal Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to approve the transfer of $9,452 from H3946952-52105-1057 to a new account line for the crossing signal. He said these funds would come from the security system line item from the Fire Department. Ayes all. Fire Safety Month Previously discussed. Equipment for New Aerial Fire Truck Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to approve the purchase of additional equipment for the new aerial fire truck in an amount not to exceed $40,000. Commissioner Thomas Curley explained that this cost is less than what was originally anticipated because they can use some equipment from the existing trucks. Ayes all . Department of Justice Community Oriented Policing Grant (03-158) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the Department of Justice Community Oriented Police Grant in the amount of $75,000. Ayes all. Buckle Up Grant Announcement Commissioner Thomas Curley announced that the City had received a grant which would allow the Police Department to work on enforcement of the Seat Belt laws. He said that road blocks and educational programs would be used to spend down those funds. SUPERVISORS Phil Klein said he was still waiting for some dates from Commissioner Thomas McTygue on when the Council could get together with the county on the water issues. EXECUTIVE SESSION Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adjourn to executive session at 9:25 p.m. Ayes all. Council members returned at 9:45 p.m. Mayor Kenneth Klotz reported that no action had been taken. ADJOURNMENT Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn the meeting Page 16 of 17 City of Saratoga Springs City Council meeting minutes Tuesday, September 16, 2003 at 9:45 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:45 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 17 of 17