City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM WEDNESDAY, NOVEMBER 5, 2003 7:00 P.M PRESENT: Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Erin Dreyer, Deputy Commissioner, DPS Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC COMMENT Mayor Kenneth Klotz said that earlier this year, the Council instituted the public comment period. He said it had been proceeding well for a few months, however, he believed that over the last several public comment periods there had been some abuse and departure from what the Charter Review Commission members envisioned. He said as a temporary measure, he wanted to establish a few new ground rules as follows: a) limit the presentation to three minutes; b) if the speaker chooses to insult a Council member, he will note that insult and allow the speaker to continue, however, if the speaker continues to insult a Council member, the speaker will be asked to stop; and c) the total amount of time spent on the public comment period shall not exceed 15 minutes. Mayor Kenneth Klotz opened the public comment period. Phil Diamond, 29 Waterview Drive, said yesterday at Skidmore College he witnessed the most blatant form of voter intimidation. He said he witnessed the republican poll watcher stand near the entrance door to the voting venue and intimidate prospective voters by threats of expulsion from college and/or criminal prosecution. He said many of the voters turned away out of fear. He said he asked several of them why they did not vote and they replied that they were frightened. He said some students said that while they were confident they were legal voters, they couldn=t risk their parent=s displeasure over the possibility of legal actions against them. He said one student was a native born Saratoga Springs resident at Skidmore on a scholarship and he decidednot to vote because his parents could not afford to provide him with an attorney if he got into trouble. He said he was also told that several students did not even attempt to vote after they heard of the voter intimidation. Phil Diamond said he spent approximately two hours at Skidmore. He said the actions of the republican poll watchers was amoral and criminal and an insult to all citizens of Saratoga Springs. Tom Keyrouse said he and his children were, throughout the day, holding up signs of support for Cheryl Keyrouse. He said his sons had republican supporters shout many bad comments to them about their candidate. He said there were many verbal accusations from the republicans that were simply not called for. He too believed there was intimidation taking place yesterday. David Bronner, 5 Royal Henley Court, said he wanted to clear up a few misstatements that were recently printed in The Saratogian. He said The Saratogian quoted him as calling for term limits, which we did not. He said The Saratogian also stated that he was looking for an apology which he was not. He said The Saratogian Page 1 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 also said that he was concerned about the Council limiting free speech. He said he was concerned with the bullying tactics of Council members and he hoped that would be controlled in the future. He said he also believed that Phil Diamond=s comments about voter intimidation were over the edge. He said every student who wanted to vote at Skidmore was afforded that opportunity. Wilma Koss, 160 Kaydeross Park Road, said if any voter had his/her residency challenged, that individual could sign an affidavit and vote. She said all who wanted had the opportunity to vote. She noted that in some cases it was the democratic poll watchers who were informing the voters that it was the republicans who didnot want them to vote. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order with the Pledge of Allegiance. DEPARTMENT OF PUBLIC SAFETY Commercial Truck Update Sgt. William Crandell said he has been in charge of the commercial truck program for several years. He said he was here this evening to bring Council members up to date on the program. He said as of October 31, 444 inspections had been performed on trucks with 70 vehicles being placed out of service. He said the out of service number was below the state average. He said there were 248 tickets issued with 23 weight violations. He said these numbers do not include the state numbers. He said the state periodically holds inspections in the City which would add between 100 and 150 more vehicles. Sgt. William Crandell said the City chooses to do a Level 1 inspection on vehicles while many other municipalities do not. He noted that the City=s program is part of a regional approach with full inspections being done by DOT, the state police, the cities of Johnstown and Troy and many other locations. He said the state average for their out of service rate is 41 percent while the City averages 20 percent. Mayor Kenneth Klotz asked why. Sgt. William Crandell said he believed it was because the truck drivers and trucking companies know that the City is performing these inspections. He said many of the truck drivers appreciate these inspections. Sgt. William Crandell said he hoped the Council would support the replacement person for Michael Chowske who was recently promoted. Commissioner Thomas Curley said they have made investment in the community by leasing this truck inspection area and the program was working well. He said they now do night time inspections and the word is out to the trucking companies. He said he appreciated their work and he would restaff Michael Chowske=s position. MAYOR =S OFFICE Public Comment Period Mayor Kenneth Klotz said the new charter does not specifically call for a public comment period in the fashion that the Council has chosen to use. He said it is more generic in the charter by simply calling for public access. He said he had received a letter from Lee Nelson dated October 15 in which she goes into great detail on the intent of the Charter Review Commission members. He said the Council does not need to make a decision at this time, but they should begin thinking about whether this current system is working. He said the Council needs to balance and conduct their meetings in an orderly fashion. Commissioner Thomas McTygue said he knew that David Bronner was directing his comments to him and it was not fair that Council members should have to sit and listen to the untruths without having the opportunity to respond. He said no one was shouted down at the last meeting and there was no attempt to be a bully. He Page 2 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 said the attempt at being a bully was on the other side of the rail. Mayor Kenneth Klotz said Council members need to come to some agreement on this matter and asked Council members to think about it. He said the Council should make the public feel welcome and treat them hospitably. Real Estate Committee B Stony Brook (03-168) Jeff Wait, City Attorney, said there was a request from two property owners to purchase a Stony Brook (paper street) off of Meadowbrook Drive. He said the Real Estate Committee has reviewed the request and recommends that it be sold to the two property owners at $5,000 a piece for a total of $10,000. Commissioner Stephen Towne asked how the $10,000 price had been determined. Jeff Wait said the Real Estate Committee has a formula which includes the assessed value, value of adjacent properties, and consistency. Commissioner Stephen Towne said it would be likely that if this was a buildable lot that it would be worth more. Jeff Wait agreed, but noted that this is not a buildable lot. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to accept the recommendation of the Real Estate Committee and sell the paper street to the property owners at a cost of $5,000 each or $10,000 total. Ayes all. Mt. Olivet Baptist Church 100th Anniversary Celebration Mayor Kenneth Klotz announced that the Mt. Olivet Baptist Church would be celebrating its 100th anniversary over the weekend with a worship service on Sunday. City Flag Prototype Donation Tony Spinelli said a few years ago, Ralph Flinton, former Deputy Commissioner of Accounts, approached him about developing a City flag. He said Ralph Flinton said that to his knowledge the City did not have a flag but they did have a pennant. He said he had been thinking about that conversation for some time and decided to develop a flag. He said he worked with Hud Armstrong on the design prototype which he then presented to the Council. Tony Spinelli said this was a prototype and it could be refined. Mayor Kenneth Klotz suggested that some more thought be given to the Afounded date@. Tony Spinelli said this was a prototype and it could be changed. He said this could be used on the City=s letterhead, cars, trucks, etc. He said he had done this work for free for the City and it was up to the Council to determine whether it wanted to accept the flag. He said the artist will retain the copyright on the logo. Mayor Kenneth Klotz thanked both Tony Spinelli and Hud Armstrong for their work and he would look for comments and feedback from the Council. He said he would bring this back at a later date. Saratoga Hospital PUD B Special Capital reserve Fund Mayor Kenneth Klotz reminded Council members that this project had been discussed at the last Council meeting. He said the Planning Board had made a recommendation that a special capital reserve fund is established and those funds are used for improvements such as lights to the infrastructure in the hospital area. It was agreed that because there was no formal written resolution to adopt this evening, Jeff Wait would write a resolution and it would be brought back to the next meeting. Land Acquisition Consultant for Open Space Bond Act (03-169) Page 3 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Jeff Olson said he was here this evening to update Council members on the hiring of a consultant for the negotiations in land purchases for open space. Jeff Olson said he had e-mailed all Council members on the responses to the Request for Qualifications. He said the Open Space Committee members had reviewed the responses and the majority (six out of seven) agreed that Behan Associates was the appropriate firm. He noted that the price quoted from the other firm bidding was higher and they lacked the experience and expertise in this field. Jeff Olson said that Behan Associates= proposal remains the same with the same dollar amounts, upset fees, same schedule of projects, etc. He said the committee is now ready to move forward and they recommend that the Council approve the proposal from Behan Associates. Mayor Kenneth Klotz reviewed with Council members that Behan will provide professional services for land acquisition for the open space protection program, the hourly rate is per the contract with an initial not to exceed fee of $24,000 plus expenses and they will report to the Council on January15. He also noted that when the new City staff is hired, the consultant will work with that individual. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the contract with Behan Associates as presented. Commissioner Stephen Towne said Jeff Olson had been very helpful to him. He noted that this proposal was provided to eight firms with only one respondent. He said when the new position is filled that person will be integrated into this process and that could minimize some of the costs to the City. He said the upset clause provides a natural break and he hoped that the City Attorney would be used to reduce the legal fees. He said this had taken longer than anticipated but it was now time to move forward. Jeff Olson thanked Council members. He said this was an important step in this process and he hoped that some of the parcels could be acquired. Ayes all. Witt Zoning Amendment Petition B Accept for study and refer to the Planning Board Mayor Kenneth Klotz said the City has received a petition from John Witt for a set of zoning text amendments that would change the area requirements for the UR-2 and UR-3 districts. He said the Council needs to decide if it wants to accept this petition for study and forward it to the City Planning Board for the required advisory opinion. He said the applicant is also requesting a waiver of the required $600 application fee for zoning amendments. He said it appears the applicant is requesting the fee waiver because the amendments do not favor anyone property owner, but apply to all property owners in the UR-2 and UR-3 zoning districts. John Witt said he does quite a bit of building in the City and in many of the cases in the UR-2 and UR-3 districts, the existing housing stock does not meet current zoning. He said it is nearly impossible to meet the zoning requirements if a property owner wants to construct an addition. He explained that he was proposing that the side yard setback be changed from 20 feet to 12 feet and the rear yard setback be changed from 25 feet to 5 feet. He explained that many of the lots the UR-2 district are 60 feet wide and to maintain the 20 feet side yard setback allows for only a very narrow house. He said he was also requesting that the building footprint be increased from 30 percent to 40 percent. He said if the Planning Board chooses to issue a favorable advisory opinion, he will return to the Council with a power point presentation. Mayor Kenneth Klotz clarified that the applicant was seeking a waiver of the fee because this petition did not favor any one of his lots but it would favor the entire district, therefore, it would benefit the community as a whole. John Witt said yes. Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to waive the application fee and to accept the petition for study and to set it to the City Planning Board for an advisory opinion. Ayes all . Saratoga High School Students Page 4 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Mayor Kenneth Klotz informed Council members that he had been receiving e-mails from the Saratoga Springs High School students who are in Arizona with the Chekhov students studying Mars. He said the students would return tomorrow and they will make a report to the community. ACCOUNTS DEPARTMENT Approval of October 16, 2003, workshop meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the October 16, 2003, workshop meeting minutes. Ayes all. Approval of October 21, 2003, workshop minutes Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the October 21, 2003, meeting minutes. Ayes all. Award of Bid B Snowplow Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for snowplows to T&T Sales for various prices (lowest bidder meeting specifications). He noted that this bid had been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid -- Carbon Tank Removal Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the carbon tank removal to Troy Boiler Works of Troy in the amount of $35,548 (only bidder). He noted that this bid had been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B Washington Street Utilities, Phases 3 & 4 Commissioner Stephen Towne informed Council members that this item was withdrawn. Risk Management Monthly report Marilyn Rivers said the Safety Committee recently updated the coin drop safety policy. She said it brings it into line with the V&T laws and addresses issues such as insurance, equipment, signage, etc. She said she has been working with DPW on loss prevention and with DPS and the Fire Department of safety issues such as the evacuation plan. She said she hoped to return to the Council in the near future with an emergency evacuation plan. She noted that DPW and the Recreation Department have standardized the incident reporting forms which are now similar to those used in the Police Department. She said Tony Izzo recently was paid in full for some work performed in 1998 and 1999. Marilyn Rivers said in coordination with DPW, a snow plow safety education program will be held on November 12. She said Bill Watkins from NYSDOT will provide this program. At the same time he will be bringing individuals from his department so that he can train them. Marilyn Rivers said the Fleet Safety Program Policy was unanimously approved by the Safety Committee on October 29. She said it had been reviewed by the unions and the labor attorney. She said this policy reinforces the City=s Safe City program and adheres to the V&T law. She said through this policy, a careful driver program will be introduced and tracking and trending of vehicles issues will be done. She thanked all those involved in this program. Page 5 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Fleet Safety Program Policy (03-170) Commissioner Stephen Towne said this policy is a component of the overall risk management program. He said it elevates the awareness of safety and liability, improves and protects the City=s interests and hopefully will have a positive impact on the premiums. He said that year to date, the City has had about 40 accidents. He noted that this policy had been reviewed by the unions and the City=s labor attorney. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to adopt the City =s Fleet Safety Program Policy as presented. Ayes all. Chili Cook-off Winnings for the Purchase of an AED Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to accept the donation of $2,500 from Channel 13 for the purchase of an AED. Commissioner Stephen Towne said that Firefighter Indiano won the chili cook-off sponsored by Channel 13. Commissioner Thomas Curley said that Firefighter Tom Indiano took the time to do a good job in this competition which allows for the purchase of the new AED. He thanked Tom Indiano for a job well done. Ayes all. Fixed Asset Recognition Policy Commissioner Stephen Towne removed this item from discussion. FINANCE DEPARTMENT Payroll B Approval Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the following payrolls: October 24, 2003 -- $347,876.90 and October 31, 2003 -- $348,942.12. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 1NOV03- -- Warrant 2-28 General Fund $ 338,578.62 City Center Authority 21,294.62 Water Fund 30,028.23 Sewer Fund 7,493.57 Capital Project 29,395.72 Special Assessment District 8,407.32 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 21,881.31 $ 457,079.39 MC031029 B Warrant 2 - 7 General Fund $ 52,349.90 City Center Authority 242.99 Page 6 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Water Fund 15,700.82 Sewer Fund 1,078.64 Capital Project -0- Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 69,572.35 MC102403 B Warrant 2 General Fund $ 1,315.00 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 -0- $ 1,315.00 MC102203 B Warrant 2 General Fund $ 15,225.00 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 -0- $ 15,225.00 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the budget transfers 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). Budget Workshops Commissioner Michael Lenz announced the following schedule for budget workshops: Wednesday, November 12, 6:00 p.m. Tuesday, November 18, 6:30 p.m. first public hearing Tuesday, November 25, 6:00 p.m. second public hearing and adoption of the budget. Page 7 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Commissioner Michael Lenz said there is a lot of work to do on the budget before its adoption. He said there are many items to consider such as contractual increases and the new charter requirements. He asked that Council members review their budgets to allow for a meaningful discussion. Mayor Kenneth Klotz said it was also his intention to present a capital budget during these discussions. DEPARTMENT OF PUBLIC WORKS Court Cleaning Contract Renewal (03-171) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to renew the contract with the state for maintenance and cleaning of the court room and offices from April 2003 to March 2008 under the same terms and conditions. Ayes all. Street Acceptance (03-172) Commissioner Thomas McTygue announced the acceptance of following streets as City streets (Attachment C): Village of Saratoga Thoroughbred Drive from Crescent Street to Furlong Drive Furlong Drive from Thoroughbred Drive to Vanderbilt Avenue Interlaken Zone C B Summerwind Cassidy Drive from Crescent Avenue to Waterview Drive Sundance Drive from Waterview Drive to Cassidy Drive Waterview Drive from Crescent Avenue to the existing end of Waterview Drive (Interlaken Zone BB) Westway Farms: Maxwell Drive from Glenmore Avenue to Glenham Drive Alee Avenue from Callagan Drive to Maxwell Drive Turner Drive from Callagan Drive to Teldridge Drive Teldridge Drive from Glenmore Avenue to Callagan Drive The Woodlands - Phases 4, 5 & 9 Vista Drive from Horizon Drive to Vista Drive Vista Drive from arrowhead Road to Kaydeross Park Road He said this was a full acceptance and the filing of the appropriate papers by the developer was required. DEPARTMENT OF PUBLIC SAFETY Commercial Truck Update Previously discussed. Code Enforcement Update Commissioner Thomas Curley reported on the following code enforcement matters: 42 VanDam Street: It has been cleared and the City is now removing the debris S&M Market/Grand Avenue: is under renovation with the greenhouse and garage area being demolished. 36 Jefferson Street: has been extensively renovated. Page 8 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 104 Congress Street: the major work has been completed. Glen Drive: he said he hoped that parcel would be in compliance by the next Council meeting and if not the City would like have the legal authority to go in and remove the debris. 85 Hamilton Street: recently sold and he hoped the new owners would be responsible. He said they will be keeping a close eye on that parcel. Commissioner Thomas Curley said DPS has two code enforcement officers working on the matters. Commissioner Thomas McTygue asked about the burned out garage on Long Alley between Clinton and Warren Streets. Commissioner Thomas Curley said he would have the code enforcement officers look into this matter. Bus Rodeo Commissioner Thomas Curley reported that he and several police officers and other DPS personnel recently took part in the bus rodeo. He said busses were provided by Upstate Transit, the school district and tractor from Saratoga Transport. He said an obstacle course was designed that participants drove through. He said it certainly allows for a better understanding of how these drivers manipulate these large vehicles. He said it was a good opportunity for all. Fire Station Improvements Commissioner Thomas Curley said DPS has secured proposals for the following work: Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to approve the proposal from Ryan Biggs for professional services to be performed for the structural design of reinforcing a portion of the existing apparatus floor at the Lake Avenue Fire House in the amount of $8,150. Commissioner Thomas Curley said they had spoken to another company, C.T. Male on this matter but they chose not to bid. He said C.T. Male did, however, establish the reasonableness of the Ryan Biggs bid. Ayes all. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve proposal from Architex for the preliminary design and design development & construction drawing documents in the amount of $2,550. He said there was another proposal from Ryan Biggs which was much higher. Ayes all. SUPERVISORS Skip Sirocco informed Council members that Saratoga County would offer flu shots. He said there would be a clinic at the Senior Center at a cost of $7.50 per shot or it could be billed to Medicaid. He said there would be a clinic at the Knights of Columbus on November 25 from 3:30 p.m. to 6:30 p.m. also. ADJOURNMENT Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 8:20 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 8:20 p.m. Page 9 of 10 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 5, 2003 Respectfully submitted, Kathy Moran Clerk Approved: Page 10 of 10