City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 5, 2005 6:50 P.M. PRESENT: Commissioner Thomas Curley, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ABSENT: Mayor Michael Lenz ALSO PRESENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Frank Dudla, Deputy Commissioner, DPS Alicia Farone, Deputy Mayor Matthew Dorsey, City Attorney PUBLIC HEARING Four Way stop at Park Place & Regent Street Commissioner Matthew McCabe opened the public hearing Maureen Curtin, Regent Street & Park Place, said there have been nine accidents in the recent months at this intersection. There is a nursery school nearby and she is concerned that someone may get hurt. She asked that the Council approve the four way stop at this intersection. She also read into the record a letter from Anita Dunn in support of the four way stop. She noted in that letter that Anita Dunn was in an accident at that intersection and she was concerned that someone else might be hurt. Maureen Curtain also asked that if the stop signs are installed that the warning flags be used. Commissioner Thomas Curley said that flags would be used. He said he was in support of this four way stop intersection and the signs would be erected as soon as possible. Michael Ladd, 113 Regent Street, said the speed on Regent Street is also an issue. He said many drivers use Regent Street as a cut off and once on the street accelerate. He said near the school the speed limit is marked at 15 mph. He said he would like the Commissioner to look into erecting speed limit signs in this area. Commissioner Thomas Curley said he would look into this matter. There being no one else wishing to speak, Commissioner Matthew McCabe closed the first public hearing. Local Law #4 GML Contractor Retainage Tony Izzo, Assistant City Attorney, said this proposed local law related to retainage fees for contractors and their ability to substitute bonds or notes for cash. He said this local law would eliminate that substitution. Contractors would no longer be able to substitute bonds or notes. Commissioner Matthew McCabe opened the public hearing. There being no one wishing to speak, Commissioner Matthew McCabe closed the public hearing. CALL TO ORDER Page 1 of 8 Commissioner Matthew McCabe called the meeting to order at 7:05 p.m. PUBLIC COMMENT PERIOD Commissioner Matthew McCabe opened the first public comment period. Susan Hamlin, 44 Wright Street, said she was here this evening on behalf of her neighbors and their concerns about parking on Wright Street during the racing season. She said this is a very old street that is only 20 feet wide and parking on one side creates a hazard. She said that there were emergency vehicles that were not able to get to a home and the EMTs had to get out of their vehicles and run to the home because the vehicles could not get down the street. She said she and her neighbors would like to see no parking on both the north and south sides during the racing season. She submitted a petition to Commissioner Thomas Curley. Wilma Koss, 160 Kaydeross Park Road, invited Council members to the Saratoga Lake Association annual business meeting on July 28, 7:00 p.m. at Panza=s Restaurant. Hollis Palmer, 229 Lake Avenue, said in the morning when children are being dropped off at the East Side Recreation field for the Camp Saradac program it is becoming increasingly dangerous. He suggested that a line be drawn near the fence which will allow pedestrians to walk in front of the cars rather behind them. He said walking behind them when the cars are trying to get in and out is dangerous. He also suggested that the Granger Avenue or Caroline Street entrances be used. As a last alternative he suggested staggering the camp program times to allow for lesser traffic all at once. Council members thanked him for his suggestions. Commissioner Thomas McTygue said he would look into the walkway suggestions. Tom Kopach, 6 Curt Boulevard, said recently there was construction in his neighborhood at 11:00 p.m. and that was too late. He said he has not been able to get a definitive answer from anyone in City Hall on what was the quiet hours. He said it is a quality of life issue and construction should not be allowed to take place that late in the evening. He said he would also like clarification on exactly how the ordinance reads. Peter Tulin, 40 Sarazen Street, thanked the City and in particular DPS and DPW for the family fun day celebration on July 4th. He said it was a great event. He also said that he was astounded to see the park cleaned the very next morning. There being no one else wishing to speak, Commissioner Matthew McCabe closed the public comment period. MAYOR=S OFFICE Subordination Agreement - Seymour (05-137) Commissioner Stephen Towne said the Seymours received a grant from the City’s first time home buyer program for the purchase of a home at 6 Fern Drive. The City has placed a UCC-1 security agreement on their property until the Seymours have satisfied the terms of the program. The Seymours are seeking to refinance their mortgage to capture a lower interest rate and improve their overall financial situation. Under this new mortgage, the City will retain its second position as originally designed. Matthew Dorsey, City Attorney, has reviewed the request. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the previously circulated subordination agreement with Flagstar Bank FSB. Ayes all. Recreation - Camp Nurse Commissioner Stephen Towne said that the Camp Saradac Camp Nurse from 2004 is coming back as a substitute a couple of days each week during the summer. The nurse has been on camp staff since 1989. On July 7, 2004, the Council approved the nurse salary at $25/hour. The Recreation Department is requesting that the Camp nurse return at the same $25.00 per hourly rate in 2005. Page 2 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the camp nurse returning as a substitute at the rate of $25/hour. The money is within the Recreation Department budget. Ayes all. Recreation - Additional Bus & Driver Commissioner Stephen Towne said that due to the number of campers registered for Camp Saradac an additional bus and driver are necessary. The agreement has been reviewed by both the City Attorney and the Risk & Safety Manager. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the City lease an additional bus for $775 from June 27, 2005 through August 19, 2005. This $775 is in addition to the existing $3,371.25 rental agreement for a total of $4,146.25 plus $.50 per mile for fuel and maintenance. The money is within the Recreation Department budget. Ayes all. Recreation - Donation Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to accept the donation of $200 from the Have a Heart Club, Maple Avenue Middle School, to be used for the skate park. Ayes all. Recreation - Youth Week Activity Reimbursement Agreement Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the agreement with Saratoga County for the Youth Activity Week which calls for reimbursement of City expenses up to $4,500. Ayes all. Alternate Board Members Commissioner Stephen Towne requested that a public hearing be set for July 19 at 6:40 p.m. on Alternate Board members. ACCOUNTS DEPARTMENT Approval of June 21, 2005, meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the June 21 meeting minutes with the correction of some minor errors. Ayes all. Casino Grant Commissioner Stephen Towne said at the last two Council meetings he mentioned that Carrie Woerner from the Saratoga Springs Preservation Foundation was working with members of City Hall staff on applying for a grant through the Environmental Protection Fund Casino repairs. If the grant application is approved, it is likely that the funds will not be available for about a year and a half. The grant application is for $350,000 which requires a 100 percent match. Carrie Woerner, Saratoga Springs Preservation Foundation Director, said the grant application was hand delivered to the New York State Office of Parks & Recreation by the June 30 deadline. She thanked the many individuals from City Hall who worked on the application including: Debbie Harper, Nancy Wagner, Debbie LaBreche, Paul Male, Barbara Johnson, Bill McTygue, Lynn Bachner, Christine Gillmett-Brown, Alicia Farone and Geoff Bornemann. She said that letters of support were received from ten individuals/organizations and included in the grant application. She thanked the Council for their support. Page 3 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 Spirit of Life Marilyn Rivers said that she is working with DPW on obtaining quotes for the repair work on the Spirit of Life. She said that a bronze expert is necessary. She anticipated having a firm quote within the next two weeks. The repair work will be covered under the City’s policy (unscheduled coverage) with a $500 deductible. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: June 24, 2005 - $348,615.33 and July 1, 2005 - $351,672,95. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 7/5/05 1JUL05 $207,134.39 2005 mini warrant 6/29/05 MC3JUNO5 $391,486.85 Ayes all. Budget Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the payroll transfers as previously distributed (Attachment A). Ayes all. Budget Transfer - Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the regular transfers as previously distributed (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget amendments as previously distributed (Attachment C). Ayes all. Finance Policy & Procedures Manual (05-138) Commissioner Matthew McCabe said that per the charter, his office is responsible for creating a policy and procedure manual. This new policy and procedure manual will standardize regulations including petty cash distributions and deposits. There are eight sections to the policy and procedure manual as follows: reporting and depositing money, petty cash, certification of sufficient funds, payments - approval, incurring a liability by vote at the Council table, payroll preparation and distribution, information distribution and data networking and information technology. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the policy and procedure manual as distributed noting that there was one minor correction. Ayes all. Local Law #4 - GML Contractor Retainage (05-139) Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to adopt Page 4 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 local law #4 - GML Contractor Retainage as presented. Ayes all. Saratoga Gaming Raceway Expansion Commissioner Matthew McCabe said there has been correspondence between City Hall and the law firm representing the Saratoga Gaming & Raceway Expansion. He said it appears that Saratoga Gaming & Raceway believes they are exempt from local zoning and site plan review. He said he is very concerned with that stance and he did not want to see them independent of the site plan review process. He said there are many other projects that appear before the City’s Planning Board that are not approved due to traffic, water and other items. He said the impacts from this project need to be reviewed. Matthew Dorsey, City Attorney, said the attorneys representing Saratoga Gaming and Raceway are using the video lottery gaming laws that states that all approved activities in connection with gaming will be reviewed by the NYS Division of the Lottery and not the City. He said the question is whether that pertains to merely VLT expansion or is it broader. He said he has contacted the Department of State and anticipated contacting the Attorney General’s Office on this matter. Commissioner Stephen Towne asked if the rest of the Council had received the same correspondence that Commissioner Matthew McCabe had received. Commissioner Matthew McCabe said he received the correspondence today and would forward a copy to all Council members. Matthew Dorsey said the letter from their attorneys is in response to his letter on this matter. Commissioner Thomas McTygue asked that Council members be forwarded a copy of all of the correspondence. Matthew Dorsey said a letter was also sent to Paul Male, City Engineer, on the same matter. He said this is new territory for the City and he is reviewing all applicable laws on the matter. DEPARTMENT OF PUBLIC WORKS Infrastructure Inventory Commissioner Thomas McTygue said a rather large document listing DPW’s assets was brought to his department. He asked if that information was complete enough for the infrastructure inventory. Marilyn Rivers said that document included fixed assets but not roads, lands and other large infrastructure items. Commissioner Thomas McTygue said his department is in the process of inventorying sewer and storm drainage but that there was still a lot of work to be done. He asked if what was submitted by the Risk & Safety Manager to the Mayor’s Office was sufficient data. Marilyn Rivers said the discussion centered around what the capital program committee needed in order to develop their recommendations. Commissioner Stephen Towne said one of the issues was the intent behind developing this information and the benefit to that information. He agreed it was a manpower issue. Commissioner Matthew McCabe said there is a lot of additional work that came with the charter. Commissioner Thomas McTygue said the inventory for fixed assets had been completed. Sick Bank Request Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to approve the sick bank request for Barbara Kidd for two days from the sick bank. There is union approval for this request. Ayes all. Downtown Bench Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded the accept the donation in the amount of $938.10 from Marion Hanson who is the sister of Ralph Deuel, more commonly known as “Wadoo”. This money will be used to purchase a bench with a plaque with his name on it. The City has also received a check from John Natale for another Page 5 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 bench. DPW will attempt to place the benches in specification locations along Broadway where these individuals used to sit. Ayes all. Declare Capital Project - Water Treatment Plant Commissioner Thomas McTygue requested that a public hearing be set for the Water Treatment Plant Ultraviolet Radiation Disinfection system for the next Council meeting at 6:35 p.m. to discuss amending the capital budget. He said he would like this project to be considered a capital project and to amend the 2005 capital program to reflect this request. This project was previously approved by the Council on April 15, 2003. The Council’s action was amended on February 15, 2005 to include the setting basins. Interlaken Water System Commissioner Thomas McTygue requested that a public hearing be set for the purchase of the land for the Interlaken Water System for the next Council meeting at 6:20 p.m. to discuss amending the capital budget. Commissioner Stephen Towne asked about upgrading the system. Commissioner Thomas McTygue said that would be part of this discussion. He reminded Council members that Rich Straut has presented information to the Council on the potential costs, rates, funding, etc. Engineering Services - Interlaken Commissioner Thomas McTygue requested that a public hearing be set for the engineering services for the Interlaken Water System. It was agreed this would be discussed at the 6:20 p.m. public hearing to discuss amending the capital budget. He said the projected costs are $70,000 for the land, $78,000 for Barton & Loguidice and $1 for the water system. There would then be the capital improvements. Excelsior Springs Avenue Culvert Commissioner Thomas McTygue said the City has no idea what it might cost to do this repair work, therefore, an engineering firm must be hired to develop some plans so that the City can go out to bid for this project. He said there is no money in the budget to do this project. Tony Izzo said there is a provision in the charter for emergency situations. Commissioner Matthew McCabe said the City needs to find the funds to pay for the engineering firm. The City can then elect to go out to bid for the construction and determine at a later date whether or not to award the bid. Commissioner Thomas McTygue said that he was requesting a public hearing for the next Council meeting at 6:10 p.m. to discuss the Excelsior Avenue culvert and whether to amend the capital budget. July 4th celebration Commissioner Thomas McTygue said there was a group of young people accompanied by Pastor Jeff Butler of the New Horizon Church, Town of Wilton, who stayed after the fireworks celebration to help clean up the park. They also distributed free cold water and provided a baby changing station for the spectators. He said they picked up more than 75 bags of trash which helped to free up the DPW employees. Commissioner Thomas McTygue said he was somewhat concerned over the City’s success of the fireworks display. He said the Council needs to think about this. He said there is the cost factor for both DPW and DPS employees. Commissioner Thomas Curley said it cost him approximately $4,000 in overtime costs. Commissioner Thomas McTygue said he was gathering his numbers. He said he was not saying the City needs to cancel this event, but that it needs to be discussed more. He said there is a real concern in getting emergency personnel into the park in the event of an emergency. He said the safety of the community was paramount. Transfer Station Page 6 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 Commissioner Thomas McTygue said there is an emergency at the transfer station with the compactor. He said the compactor is not working and they are looking for replacement parts. He said they now have two large roll offs to get the City through the next few days. Parking Lot Agreement - Parillo Commissioner Thomas McTygue said the parking agreement with Frank Parillo for the old Carroll’s dealership (Lake Avenue side) needed to be amended. He said Frank Parillo is in the process of renting the building, therefore, City employees will no longer be able to park on the paved section. He has given the City its 30 day notice. City employees can use the rear section. Tony Izzo said if the Council agrees with the amendment, a contract will be developed. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to amend the contract with Frank Parillo in that the front portion (Lake Avenue side, paved area) of the parking lot will no longer be available for City use. He said the City will continue to mow and maintain the rear portion of the lot. The contract is contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. DEPARTMENT OF PUBLIC SAFETY Regent Street & Park Place (05-140) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the amendment to Chapter 225, Section 225-77 of the Code of the City of Saratoga Springs, entitled Vehicle and Traffic for the stop signs on Park Place and Regent Street. Ayes all. Administrative Assistant (05-141) Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the creation of the administrative assistant position in the Department of Public Safety to be funded at $33,834. He said this will replace the stenographer position currently in the budget. Ayes all. Saratoga Raceway Contract Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the agreement between the City and the Saratoga Gaming & Raceway for police protection for the Countryfest to be held on July9, 2005. The City’s Risk & Safety Manager has reviewed the agreement. The cost of this service will be borne by the raceway. This is for traffic related matters. Ayes all. SUPERVISORS Phil Klein said that several of the County Board committees met today. A new van will be purchased for the social programs department to be used for the RSVP program. This van will provide transportation to individuals who have medical appointments outside of the County. If they need transportation within the County, that is provided under another program. Anthony Sirocco said at the last County Board meeting the Saratoga County Water Quality Committee Page 7 of 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 5, 2005 presented a brochure entitled, “A Guide to the Lakes of Saratoga County”. This guide summarizes the physical characteristics as well as many other important facts of the lakes. This document will be most useful for the local Planning and Zoning Boards throughout the County. This guide is free of charge and available to anyone. PUBLIC COMMENT PERIOD Commissioner Matthew McCabe opened the second public comment period. There being no one wishing to speak. Commissioner Matthew McCabe closed the second public comment period. ADJOURNMENT Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adjourn the meeting at 8:20 p.m. Ayes all. There being no further business, Commissioner Matthew McCabe adjourned the meeting at 8:20 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 8 of 8