City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 20, 2004 6:50 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT:Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Pat Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Erin Dreyer, Deputy Commissioner, DPS Christine Gillmett-Brown, Deputy Commissioner, Finance Debbie Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor PUBLIC HEARING Travers Manor & Lawrence Street alternate parking Tony Izzo, Assistant City Attorney, reviewed the changes to the Vehicle and Traffic Ordinance concerning Travers Manor and Lawrence Street alternate parking. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Maple Dell Street Name Change Mayor Michael Lenz said this street name change had been previously discussed by the Council. He said the change is to rename Avenue C to Maple Dell and to enact the corresponding changes in street number on that street. Mayor Michael Lenz opened the public hearing. Tracey Millis, President of the Maple Dell Neighborhood Association said that this is the 12th address change since 1972. He said the street name change was acceptable, however, there was concern with numbering changes. Mayor Michael Lenz said the changes were outlined in the ordinance. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Patricia Driscoll, 102 Van Dam Street, suggested that the Council not hold a public hearing on the proposed zoning amendment petition for 47 West Harrison Street. She said that there is no neighborhood support for this change. She suggested that if the Council chooses to hold a public hearing, that it be done in September. Page 1 of 10 Dave Bronner, 5 Royal Henley Court, submitted correspondence to Council members from DOH and DEC on the pcbs in the Hudson River, noting that those letters state that there are no pcbs in Moreau. He said if Saratoga Lake is used Waters Edge will lose their beach and if pollution levels increase at Saratoga Lake the use could be limited. He noted that the County Board of Supervisors approved unanimously today to use the upper Hudson and he urged the Council to join in on that project. Claire Keal, 231 Caroline Street, skate park employee, said the skate park was closed today and until further notice because of an error in the department, not because of the skateboarders. She said the patrons of the park should not be punished because of a mistake made by the department. She said it was in everyone’s best interest to keep the park open because it keeps the skateboarders out of the downtown area. She said there is every reason to close the park in the evening but not during the day. She said there was a walk through with the risk manager and insurance person and they approved the opening. She said the lighting apparatus poses no threat to the skaters because there are no wires (it is run through a generator) and the apparatus is located in a position where no one skates. She said the risk manager and insurance person were concerned about shadows but not the lighting apparatus. She urged the Council to open the skate park. Emily Parker, 197 Grand Avenue, said this was the first skate park built in the state (1989) and serves more than 1,000 skaters each year. She said this facility generates its own revenue. She noted that it is a safe, controlled environment and closing it is discouraging. She said that some travel great distances to use the park. She said that skateboarders deserve the support of the City just as the other recreation programs do. She said that with more improvements to this park, more revenue could be generated. She said this park offers programs and clinics to skateboards. She urged the Council to discuss ideas with the users of this park. Ben Gletzman, 510 Broadway, said he used to be an employee of the park, but moved away and has now come back. He said this park is one of the better facilities in this area noting that the next closest is Schroon Lake. He said the parks in Cohoes and Niskayuna are for residents only. He said skate parks have become focal points and destination points for travelers. He said that creates a source of revenue for restaurants and hotels. He said the skate park is an important part of this community. Mayor Michael Lenz closed the public comment period. MAYOR=S OFFICE Executive Session Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 7:20 p.m. for the purposes of land acquisition discussions. Ayes all. Council members returned at 8:00 p.m. Phase I Environmental Review (04-128) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to hire CT Male to perform the Phase I environmental review of the Kuchevsky parcel in the amount of $1,700 per bid number 2004- 35. Ayes all. Survey B Paul Tommell (04-129) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to hire Paul Tommell to perform the conservation subdivision survey in the amount of $24,300 as so noted in the RFP. Ayes all. Lead Agent (04-130) Page 2 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Council adopted the resolution as presented (Attachment A) authorizing the Mayor to sign the SEQR Part 1 EAF and request lead agency status in connection with the land acquisition of the parcel at the intersection of Gilbert Road and Meadowbrook Road. Ayes all. DEPARTMENT OF PUBLIC SAFETY PBA Contract (04-138) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to accept the PBA contract as proposed and negotiated with the PBA for the two year period of January 1, 2004 through December 31, 2005. Commissioner Thomas McTygue said he would support this contract as presented but wondered where the money would come from to fund these additional expenses. Commissioner Matthew McCabe said the money would come from surplus. He noted though that there would need to be a lot of discussion on the retirement system payments. He said he would like to see mandatory health care contributions by all City Hall employees. He said he too would support this motion. Commissioner Thomas Curley said this is a fair and equitable contract with concessions on both sides and he would support the motion. Mayor Michael Lenz said he would support the motion based on the advice of the City’s Labor Attorney. He agreed that City employees should contribute to health insurance. Ayes all. MAYOR Westview Apartments PILOT Matthew Dorsey said the proposed PILOT agreement for Westview Apartment as developed by their attorney had been distributed. He said that per his further review of the agreement he would report back to the Council for action at the next Council meeting. He said that Deputy Commissioner Christine Gillmett-Brown would also review the financial information. Commissioner Stephen Towne expressed some concern at the length of the PILOT Agreement (25 years) and the taxable assessed value of $500,000 (equates to $7.5 million exemption). It was agreed that Matthew Dorsey would redraft the agreement and report back to the Council at the next meeting. Community Development Board Appointment (04-131) Mayor Michael Lenz announced the reappointment of Bob Cleary and Jean Fei to the Community Development Board. Salary for Administrator of Parks, Recreation and Historic Places Page 3 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 Mayor Michael Lenz said that a position description for the Administrator of Parks, Recreation and Historic Places had been distributed. He asked that Council members think about a salary range for future discussion. Commissioner Stephen Towne said he did not believe that it should be at the Deputy Commissioner level. Proclamation B Walk for Asthma (04-132) Mayor Michael Lenz read the following proclamation: WHEREAS, an estimated seven million Americans suffer from asthma, a chronic condition that causes discomfort, suffering and sometimes even death, and WHEREAS, despite the dedicated efforts of care givers and health care professionals, asthma has actually increased among some segments of our population and there has been an alarming increase in asthma-related deaths in children, and WHEREAS, the American Lung Association has recently promoted annual walkathons to raise community awareness of the prevalence of asthma and its consequences. This year such an event will be held in Saratoga Springs on October 2, 2004, at the Saratoga Spa State Park. The 5K walk will be conducted under the banner “Blow the Whistle on Asthma” and proceeds raised will fund both local national programs designed to give support and care to asthma sufferers. Maple Dell Change (04-133) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded that the street numbering on Avenue C be changed as described in the previously distributed material (Attachment B). Ayes all. Recreation B Phillies Presentation Withdrawn. Recreation -- Saratoga County Board of Supervisors Phillies Game Linda Terricola announced that the Saratoga County Board of Supervisors would play the Phillies on July 21 at 7:00 p.m. She said there would be give aways for the youth and the event was sponsored by the Board of Supervisors. Recreation B Concessions Linda Terricola announced that her department was working on providing concessions during the Phillies games and special events with the proceeds to be divided between the skate park and the little leagues. Recreation B Camp Saradac Trips & Programs Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the additional Camp Saradac Trips (Attachment C). Ayes all. Recreation B Camp Saradac Before and After Care Fees Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the Camp Saradac Before and after Camp Care Fees (Attachment C). Ayes all. Wind Power Contract Marian Trieste distributed information to Council members on this program. She said included in this packet Page 4 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 was information on the costs. It was agreed that Marian Trieste would meet with DPW and his office to discuss viable options. Gordon Boyd said that the Chamber of Commerce has had interest from some of their members. ACCOUNTS DEPARTMENT Approval of minutes B July 7, 2004 Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the July 7, 2004, Council meeting minutes. Ayes all. Award of Bid B General Landscape Trailer Upon recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the general use Landscape-Type Utility Trailer to Versatile Trailer in the amount of $1,948.00 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B One Ton Cab Chassis Upon recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the One Ton Cab-Chassis to Morris Ford for $25,987 + DMV Fees. (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Asphalt Roller Upon recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the Asphalt Roller to Anderson Equipment for $31,785 (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Sewer Camera Kit Upon recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the Sewer Camera Kit to Pow-R-Mole Sales & Service for $8,883.60 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Directional Boring Upon recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Directional Boring for Watermains to Cutting Edge Group LLC for all four items bid for a total of $68,500 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Authorization for Mayor to sign bond for Directional Boring Upon request of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a bond in the amount of Page 5 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 $100,000 to perform the bore in the Lake Avenue waterline within the NYSDOT right-of-way at an approximate cost of $500. Ayes all. Commissioner of Deeds Commissioner Stephen Towne announced the appointment of Donna Buckley, Accounts Department, as a Commissioner of Deeds with a term of two years. Taxi & Special Livery Ordinances A public hearing was scheduled for August 3 at 6:55 p.m. for the Taxi & Special Livery Ordinances. Zoning Amendment B 47 West Harrison Street Commissioner Stephen Towne said the Council had received an unfavorable advisory opinion from the Planning Board on the zoning amendment petition at 47 West Harrision Street to rezone the area from Urban residential-3 to Transect -5 General Urban. Although the opinion was unfavorable, it is still desirable to proceed with the public hearing. Therefore, a public hearing was scheduled for September 7 at 6:45. File Management in Civil Service SARA Grant (04-134) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the acceptance form to receive a non-matching grant award in the amount of $7,357 from the New York State Department of Education’s Local Government Records Management Improvement Fund for files management project in the Civil Service Office. Ayes all. Accounts Department Historical Records SARA Grant (04-135) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the acceptance form to receive a non-matching grant award in the amount of $37,987 from the New York State Department of Educations= Local Government Records Management Improvement Fund for an Historical Records project in the Accounts Department. Ayes all. Commissioner Stephen Towne said the City had applied for 17 grants over the last 13 years and had received funding on 15 for a total of $225,000. Mayor Michael Lenz said he was appreciative of this funding so that room could be made for the new Human Resources person. Defensive Driver Training Program Commissioner Stephen Towne said that arrangements have been made for the National Safety Council to conduct a defensive drive training day on Monday, September 20 with about 30 City employees participating. He said the funding for this program came from a donation from Marshall & Sterling. Executive Session B Litigation (04-136) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to hire Matthew Dorsey at the rate of $100/hour with a cap of $1,000 to defend the City in the litigation against Quadgraphics. Ayes all. FINANCE DEPARTMENT Payrolls Page 6 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the following payrolls: July 9, 2004 B $402,606.25 and July 16, 2004 B $377,227.57. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2004 Regular Warrant July 20, 2004 2JUL04 $266,240.29 2004 Mini Warrant July 14, 2004 MC04714 80,587.25 Ayes all. 2004 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2004 budget amendments previously distributed with Friday’s agenda. Lines 1 and 2 are to record a reimbursement from Shelters of Saratoga for work performed by DPW at 128 Grand Avenue. Lines 3-6 are to record a reimbursement from the property owner for sidewalk work at 156 Caroline Street. Lines 7-8 are a reimbursement for police training expenses. Lines 9-12 are a reimbursement from the public for copies made by Engineering. Lines 13-16 are to amend the budget to allow for payments to Behan and Albe and Dakota for professional services relating to open space land acquisition (Attachment D). Ayes all. 2004 Budget Transfer B Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 regular budget transfers previously distributed with Friday’s agenda. Lines 1-2 is a request from the Mayor’s office to move an unused portion of the Solomon Northup Day line item to office supplies in the Mayor’s office. Lines 3-4 are a request from the Accounts office to move money from the postage line to cover the cost of the annual newspaper subscriptions. Lines 5-7 are to cover the cost of additional paper needed to copy the Camp Safety book. Lines 8-9 are to transfer money from programs to equipment to purchase a movie projector since Broadway Joe’s closed. Lines 10-11 are to cover the cost of benches required at the cement bowl in the skatepark (Attachment E). Ayes all. 2004 Budget Transfer B Salary Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2004 salary budget transfer previously distributed with Friday’s agenda. This is a transfer from the Juvenile Aid Investigator line to police department training (Attachment F). Ayes all. 2004 Budget Transfer B Contingency Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 contingency budget transfer previously distributed with Friday’s agenda to transfer $19,423.82 from contingency to unemployment to cover the 2nd quarter unemployment bill. If this transfer is approved, there will be $45,576.18 remaining in the contingency line for 2004 (Attachment G). Deputy Commissioner Christine Gillmett-Brown said that the City pays actual costs. She said this year the City budgeted $12,000 for the entire year and used $15,000 in the first quarter. She said the payment for this quarter is $19,000. She said the actual costs for this year will be higher than previous fiscal years of 1999-2003. She further noted that in future years, all employee benefits will be reassigned to each department. Page 7 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 Commissioner Matthew McCabe said there needed to be some thought given to the timing of hiring, firing, laying off and political appointees. Commissioners asked for a listing of those individuals collecting unemployment. Deputy Commissioner Christine Gillmett-Brown said that would be distributed. It was also agreed that Commissioner Matthew McCabe would look into political appointees in connection with unemployment. Ayes all. Audit Letters Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the agreement with Bollam, Sheedy, Torani and Co., for the 2003 single audit financial statements for $18,500.00, the same rate as 2002, and for the contract to be signed by the Mayor. The auditors will be on site July 26-30. Deputy Commissioner Christine Gillmett-Brown said that while the agreement amount was $18,500 the actual cost was $17,000 because the City’s records were in such good shape. Ayes all. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the agreement with Bollam, Sheedy, Torani and Co. to assist in the preparation of the GASB 34 compliant financial statements at the following hourly rates: Partner $175-$210, Senior Manager $165-$175, Manager $135-$160, Associate $78-$130, Paraprofessional $75-$85 and Support Staff $55.00, plus out- of-pocket expenses and to also authorize the Mayor to sign the agreement. Deputy Commissioner Christine Gillmett Brown said the anticipated cost would likely be between $3,000 and $5,000. Ayes all. Charter Update Deputy Commissioner Christine Gillmett Brown said that on August 1 the call letters would go out to departments requesting departments to develop their budgets for 2005. Budgets are due back to Finance on September 15 and capital budget requests to the Mayor on September 15. On October 5, the Finance Department will submit the first draft of the 2005 budget to the Council which will be followed by two public hearings and budget adoption by November 30. If the budget is not adopted by November 30, the proposed budget submitted by the Finance Department on October 5 will be the 2005 budget. Parking Sign Request Commissioner Matthew McCabe said that perhaps there needed to be a few more City Department signs placed in the High Rock Avenue lot. Mayor Michael Lenz asked about the no parking signs along Spring Street, near the carousel. Commissioner Thomas Curley said he would check into it. Mayor Michael Lenz also asked about parking near the Downtowner Motel. Commissioner Thomas Curley said the area by the Downtowner is reserved for the horse and carriage. Long Term Parking Commissioner Matthew McCabe said the Council has done quite a bit over the last six months in connection with parking, however, the City is still without a long range plan. He said he is in favor a multi-tiered parking facility if funds are secured. He suggested looking at pre-selling parking spaces to businesses. He also suggested that some thought be given to selling the City Hall building and constructing a new, more efficient building. Page 8 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 DEPARTMENT OF PUBLIC WORKS Getty Station South Broadway Commissioner Thomas McTygue said that the City should do an appraisal on the Getty Station on South Broadway and then perhaps purchase it through the Open Space Bond Referendum as previously discussed in executive session. Caroline Street Sanitary Sewer B Emergency Repair Work Commissioner Thomas McTygue said that there had been some damage to the sanitary sewer line on Caroline Street, therefore, emergency repair work was required. He said he did not have the exact figures yet. It was noted that William Morris Excavation and Anjo Construction have been doing the work on this sewer line. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded that the William Morris Excavation and Anjo Construction be engaged to perform the necessary repair work to the sanitary sewer line on Caroline Street. Ayes all. Carousel B Emergency Repair Work Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to engage Todd Goings to perform emergency repair work on the carousel. Ayes all. Workshop for SEQRA Responsiveness Document for City’s Water Source Development Project It was agreed to hold a workshop on Wednesday, August 4 at 7:00 p.m. at the City Library on the SEQRA Responsiveness Document presentation on the City’s Water Source Development Project. DEPARTMENT OF PUBLIC SAFETY PBA Contract Previously discussed. Alternate Side Parking B Lawrence Street & Travers Manor (04-137) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the Vehicle and Traffic Ordinance in connection with alternate side parking for Lawrence Street and Travers Manor as presented (Attachment H). Ayes all. SUPERVISORS Supervisor Anthony Scirocco said that the County has seen a five percent increase in recycling over last year which also has increased revenues. Supervisor Phil Klein said that the County passed a number of resolutions today including: Congratulations to the Saratoga Rowing Association’s Women’s Lightweight 8+ Crew; Appointment a County Water Agency and declaring Lead Agency, Entering into agreements with the state and federal governments for the replacement of drainage structures and improvements of a drainage system on Crescent Avenue and referring the petition of the Town of Wilton to extend the boundaries of Saratoga County Sewer District No 1 to the Saratoga County Sewer District Commission. Page 9 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 20, 2004 Commissioner Matthew McCabe asked if there had been a commitment from the Town of Wilton for water from the County plan. Phil Klein said they have not made a commitment, but have indicated interest. He noted that each municipality will need a distribution system before signing onto the County Plan. LATE ADDITIONS TO THE AGENDA Fire Truck at the Saratoga Racecourse Mayor Michael Lenz moved and Commissioner Thomas Curley seconded that the contract between the City and NYRA for emergency services at the racecourse during the racing season be added to the agenda. Ayes: four (Commissioner Thomas McTygue had momentarily left the room). Motion carried. Matthew Dorsey said the contract had not yet been signed by NYRA and because the racing season begins before the next Council meeting he recommended that the Council authorize the Thomas Curley to negotiate the contract and Mayor Michael Lenz to sign the contract. Commissioner Thomas Curley moved and Mayor Michael Lenz seconded that Commissioner Thomas Curley be empowered to negotiate the contract for emergency services at the Saratoga Racecourse during the racing season and that Mayor Michael Lenz be authorized to sign the contract, contingent upon the review of the City Attorney and the City Risk Manager. Ayes all. Youth Parking Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded that the contract between NYRA and the City for the youth parking program for the racing season be added to the agenda. Ayes all. Matthew Dorsey said this contract had not yet been signed by NYRA and because the racing season begins before the next Council meeting he recommended that the council authorize the Mayor to sign the contract when it comes back from NYRA. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract between the City and NYRA for the youth parking program at Siros contingent upon the review of the City Attorney and the City Risk Manager. Ayes all. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:45 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:45 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 10 of 10