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City Council

Regular Meeting

Saratoga Springs, NY · January 16, 2001

AgendaMinutes

Minutes

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, JANUARY 16, 2001 CITY COUNCIL ROOM 7:00 P.M. P R E S E N T: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts A L S O P R E S E N T : Phillip Klein, Board of Supervisors Representative Anthony Scirocco, Board of Supervisors Representative STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Robert King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney DEPARTMENT OF PUBLIC SAFETY Saratoga Springs High School 12th Grade Government Class (01-004) Commissioner Thomas Curley introduced Melissa Muller and Meghan Davidson, students from the Participation in Government class at the Saratoga Spring Senior High School. Melissa Muller and Meghan Davidson said that as part of a project they had been working on in class, they would like to recommend that the City Council consider passing a resolution to designate the first Monday in May as Police and Fire Departments Appreciation Day. She said these individuals need to be recognized in order to honor, appreciate and recognize the hard work and dedications of these individuals. Dave Patterson, teacher, said these two students did a great job on this project and he was proud of them and their recommendation to the Council. He also thanked members of the Council who had made presentations to this class. He said it gives the students a better understanding of government rather than just learning from a text book. Commissioner Thomas Curley commended these students for going over and above the class requirements for this course. He said he would take great honor in presenting this resolution. Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Thomas Curley then moved and Mayor Kenneth Klotz seconded that the first Monday in May is to be designated as Police and Fire Departments Appreciation Day. Mayor Kenneth Klotz said he would prepare a proclamation. Ayes all. MAYOR=S OFFICE Appointments Mayor Kenneth Klotz announced the following appointments: Gene Fei and Denise McDonald to the Community Development Advisory Committee and Lee Weiser to the Saratoga Springs Housing Authority. Labor Attorney Contract (01-005) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to renew the contract with the firm of Poklemba, Hobbs & Ulasecwicz under the same terms and conditions. Ayes all. Saratoga County Arts Council Mayor Kenneth Klotz said he had originally placed this item on his agenda this evening to request funding for this organization, however, he said he would not ask this evening but would return at a later meeting with that request. He then asked members of the Arts Council for a presentation. Bill Finley, Arts Council Board member, said he has much experience in the arts as Professor of the Theater Department at Union College and a member of many theater organizations. He said this year there were more than 6,000 visitors to the gallery; 600 individuals took art classes; and 6,500 individuals attended performances in the center. He said the Center has distributed more than $40,000 to arts organization throughout the County, they have done extensive renovations at the facility spending more than $450,000. He said those renovations included handicapped accessibility, handicapped accessible bathrooms, new elevator, security system, air conditioning and the addition of more classrooms. He said this facility is the hub of the arts community in Saratoga Springs but they need help to maintain the quality of that organization. He said arts centers in cities of similar size receive assistance from their town/city. He said there is quite a bit of arts in the City during the summer, but this arts center is the only year round arts related facility in the City. John Nelson, Board of Directors member and treasurer, said they conducted a capital fundraising program raising $450,000 from the community, county, state grants, donations, etc. He said this building is now a gem here in the City. He said they recently received the New York State Arts Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Award. He said, though, there are fiscal problems and they anticipate a deficit this year due in part to the increase in gas/electric. He said those expenses have doubled over the last year and they are unanticipated increases. He said they are seeking additional grants and contributions, but they need help. He explained that there are two full time, three part time and 135 volunteers working for the Arts Council. He then distributed information to Council members regarding their programs and expenditures/budget. Commissioner Thomas McTygue asked about the capital fund. John Nelson said they have spent more than $450,000 in capital improvements at the center and because of that, the City and the Arts Council came to an agreement that this was a prepaid expense for the building and the payment is now deferred. He said originally the Arts Council was to pay the City $23,500 per year for capital improvements. Commissioner Thomas McTygue asked how much was raised through grants. John Nelson said they received $20,000 from the county, $100,000 from the state and $25,000 from the architect planning and design grant fund. Commissioner Thomas McTygue asked if they receive yearly funding from the County. Dee Sarno, Director of the Arts Council, said no. She said the funding from the County was a matching grant. Dee Sarno said they are looking for a partnership with the City through financial support to maintain this facility. Commissioner Thomas McTygue asked if they were generating any revenue. Dee Sarno said they receive some revenues from classes/workshops and there is one tenant leasing space. Commissioner Thomas McTygue asked what was the main source of income for this organization. Dee Sarno said the general membership. She said they also receive a small amount for an administrative fee for regranting money. She said there is also a great deal of fund raising. Dee Sarno said they are taking care of this facility and they want to stay there, however, they need help. Commissioner Thomas McTygue agreed but said they were aware of the problems when negotiating this lease. Mayor Kenneth Klotz thanked them for their presentation. St. Clement’s Gym Use Agreement & YMCA (01-006) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the contract between the City/YMCA for the use of their gym for youth basketball. Linda Terricola said the City has cosponsored this program with the YMCA for about ten years and the City contributes $3,000 annually. She said this program is for grades 7-12, from November to March with between 200 and 300 participants. Commissioner Bernard Mirling clarified that members of the YMCA pay $30 and non members pay $60. He asked if there was a scholarship for those unable to pay. , Linda Terricola said yes. She said much of the City’s contribution is for that fund. Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Thomas McTygue asked why a budget of $22,500 was required for this program when there were so many volunteers. Linda Terricola said much of those funds are used to pay the certified officials, uniforms and some facility rental. She said certified officials cost between $30 and $40 per game. Commissioner Thomas McTygue said he had previously talked to Linda Terricola about this request and he would support it this evening, however, he felt that this type of program/funding needs to be reviewed. He said it was his understanding that children from other communities were participating in this program and he had asked for detailed breakdowns of the number of children from this City vs. other communities. He said perhaps it might be time for the surrounding communities to participate in some funding. He said because we are a consolidated school district, these students are eligible to participate. Commissioner Bernard Mirling asked if we were the only community funding this program. Linda Terricola said that to her knowledge the City was the only community contributing. Mayor Kenneth Klotz said he understood that the studies show that approximately 35 to 40 percent of the participants are from outside of the City. Linda Terricola said this is an area that she is working on and she hoped to have some statistical information for the Council within a month. Linda Terricola thanked Commissioner Thomas McTygue and his staff for the renovations at her office. She said their office now looks much better. Ayes all. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for authorization for the Mayor to sign the contract with St. Clements in connection with Camp Saradac. Linda Terricola thanked Commissioner Thomas McTygue for negotiating a very successful agreement for use of the gym. She said this new contract provides for gym use from 9:00 a.m. to 1:00 p.m. Monday through Friday and until 5:00 p.m. on rainy days. She said a small additional fee for funding the custodian would be required but that cost was minimal. Commissioner Thomas McTygue said he was also considering discussions with the school district on possible renovations at the field house. He said he would like to double the size of that building adding restrooms and a breezeway. Linda Terricola said additional space would solve a lot of problems and she would be glad to have that space. Commissioner Thomas McTygue said that additional space could be used for meeting space and could be open to the public. Ayes all. Cities for Climate Protection Mayor Kenneth Klotz said that he recently received a letter from a worldwide organization in Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 connection with climate protection and global warming. He said in that letter they are offering to send the City information as a ways to expand their membership. He said there are a number of nearby cities that participate in this program. He said there is no cost, therefore, he would request the information. SSTAR Committee Funding (01-007) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded the following resolution: BE IT RESOLVED, that the Saratoga Springs City Council requests approval from Senator Joseph Bruno to use funds remaining from the SSTAR truck traffic study 1) to lease or purchase land for a truck weight and inspection station, or 2) to acquire property adjacent to designated truck routes for the purposes of road widening, intersection reconstruction or property owner relief. Mayor Kenneth Klotz said the purpose of this resolution is to clarify the use of the remaining funds. He said initially the City had $500,000 allocated for a truck traffic study. He said to date the City has spent approximately $200,000 which leaves $300,000. He said based on his inquiries to Senator Bruno’s office, in order to use these funds as noted above, the City would need to adopt a resolution making a specific request to the legislature to use the funds for purposes other than initially approved. Commissioner Thomas Curley said he would support this resolution, however, he noted that he had made the same inquiry with the support of the West Side and North Side Neighborhood Associations to Senator Bruno’s office. He then read a note from Senator Bruno’s office that the existing funds could not be appropriated for the proposed use. Mayor Kenneth Klotz said he and Commissioner Thomas Curley were talking about two different things. He agreed that under the current legislation the funds could not be used for his proposal, therefore, he was suggesting a change to that legislation. Mayor Kenneth Klotz said he was optimistic about receiving a legislative change to the original intent. He said he feels the City needs to deal with this problem through inspections. Commissioner Bernard Mirling agreed. He said because the City continually receives conflicting information on this matter, we should go back to the legislature and request a change. He said City Attorney Jeff Wait has also been in contact with the owners of a parcel of land for sale (Parillo) and it appears this land is available and he willing to work with the City on leasing it to the City. Commissioner Thomas Curley said there is also land available on Route 29. Commissioner Michael Lenz asked what would happen if the Council approved this resolution this evening. Mayor Kenneth Klotz said he would present this resolution to Senator Bruno with the City’s rationale for this request. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Ayes all. Zoning Amendment -- Loughberry Lake (01-008) Mayor Kenneth Klotz said the City has a moratorium for the Loughberry Lake area that is about expire in early February. Therefore, he requested that the Council enact this zoning amendment as soon as possible. He said this zoning amendment will provide additional protection of the City’s water supply. He said this zoning amendment would increase the boundary from 200 to 300 feet and make the language consistent with the Resource Protection District. He said this zoning amendment would be forwarded to both the City and County Planning Boards for advisory opinions. Commissioner Thomas Curley asked how this would affect existing structures around the lake. Mayor Kenneth Klotz said there about 20 City tax parcels that have structures within the proposed 300 feet high water line. He said under this proposal no new structures could be constructed within the 300 feet. He said for existing homes, there would be no building permits issued for additions, etc. He said though that homeowners in this area could apply to the Zoning Board of Appeals for a variances. Commissioner Thomas Curley clarified that existing structures would be grandfathered. Mayor Kenneth Klotz said yes. Mayor Kenneth Klotz then moved and Commissioner Bernard Mirling seconded to accept this zoning amendment for study and to send it to both the City and County Planning Boards for an advisory opinion. He also requested that a public hearing be set for February 20, 2001, at 6:45 p.m. Ayes all. Ducks -- Set Public Hearing Mayor Kenneth Klotz requested that a public hearing be set for February 6, at 6:50 p.m. to discuss the existing legislation on ducks. He said he has received a number of complaints recently about the amount of ducks and individuals feeding those ducks in areas of the City other than the park. He said technically it is not illegal to feed the ducks outside the park, therefore, this issue needs to be addressed through a modification to the existing ordinance. Commissioner Thomas Curley asked if the proposed legislation had been distributed. Mayor Kenneth Klotz said it would be distributed before the public hearing. Jeff Wait said the only change to that ordinance was to increase the area of non allowed feeding to the downtown business district. Railroad Station Mayor Kenneth Klotz said there has been a proposal to construct a new railroad station in Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Saratoga Springs and to also address the scenic rail and commuter rail issues. He said the commuter and scenic rail issues have been moving along, however, the new construction has not. He said it appears that the owner of the property is a company based in Canada and there has unfortunately been no agreement reached. He said it is his intention to contact this company with the assistant of the local politicians to help move this process along. First Time Homeowners Program Brad Birge, Community Development Coordinator, said at the request of the Mayor he has been exploring a first time homeowners assistance program. He said there is currently a similar program in Albany although they are still working out the details. He said Albany has for a number of years funded an income eligible first time home buyer program but now they want to expand the program beyond the income eligible. Brad Birge said this program is sponsored by Fannie Mae in partnership with Albany. He said the City of Albany agrees to invest $100,000, banks agrees to $150,000 and then Fannie Mae matches (four to one) that amount. He said a program is then instituted which allows for $2,000 to $5,000 in assistance. Commissioner Michael Lenz shared with Council members information from Congressman John Sweeney’s office on this matter. He said he has been working with both Congressman Sweeney and Phil Klein, City’s representative to the County Board of Supervisors on this matter. He said this is an excellent program for low to middle income families. He asked for consensus this evening that the Council is interested in participating in this program. He said, though, there are specific details to be addressed. Brad Birge said there are a number of ways to structure this program. Commissioner Michael Lenz said it was his understanding the City of Hudson was adding a rehabilitation program to their proposal. Mayor Kenneth Klotz said the continued investigation of this program should be done through Deputy Finance Commissioner Christine Gillmett-Brown and Brad Birge and then a proposal and/or options should be presented to the Council. Brad Birge said there are some time constraints in that the application deadline is January 31. There seemed to be agreement among Council members that this was a good program and it should be further investigated. Eartha’s Liquor License Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded that there is no specific Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 objection for the liquor license for Eartha’s. Both Commissioner Bernard Mirling and Commissioner Thomas Curley said there were no specific concerns expressed by their departments. Ayes all. ACCOUNTS DEPARTMENT Approval of January 2 meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the January 2 City Council meeting minutes. Ayes all. Authorization for Mayor to sign SARA Grant Application (01-009) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for authorization for the Mayor to sign a Sara Grant application for a non-matching active records in the Recreation Department. He said this is a nonmatching grant. Nancy Wagner said this was for an active records management program with will improve the records management in the Recreation Department. She said this grant includes funding for shelving, computers, software, training, server and a full time data entry clerk. Ayes all. Authorization for Mayor to sign Cooperative Grant Project with Saratoga County (01-010) Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded for authorization to participate in a cooperative grant project, entitled the “County Clerk Archival Initiative” with Saratoga County as the lead agency. This is to place our records series descriptions on the WEB. He said this too is a nonmatching grant. Nancy Wagner said the City has been invited to participate in a cooperative grant project with the county. She said this grant will included a series description of records kept within the City and will be placed on the WEB. She said this will allow individuals looking for data to know where to go. She said it would also lay the ground work for future program such as GIS. Ayes all. Executive Session Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Bernard Mirling requested an executive session. Council members agreed. FINANCE DEPARTMENT Payroll Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the following payrolls: January 5, 2001B$267,026.65 and January 12, 2001-$316,260.76. Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and payment of the 4DEC20 #2 through # 21 as follows: General Fund $ 116,188.69 City Center Authority 4,699.21 Water Fund 17,326.78 Sewer Fund 1,919.75 Capital Projects Fund -0- Special Assessment District 42.00 Trust Fund -0- Debt Service -0- Community Development 11,129.33 TOTAL $ 151,405.76 and 1JAN01 #2 through #9 as follows: General Fund $ 232,709.31 City Center Authority 27,119.58 Water Fund 9,940.34 Sewer Fund 5,052.14 Capital Projects Fund 21,027.72 Special Assessment District 1,175.00 Trust Fund -0- Debt Service -0- Community Development 65,574.00 TOTAL $ 362,598.09 and MC200110 #2 through #3 as follows: General Fund $ 9,526.11 Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 City Center Authority -0- Water Fund 247.99 Sewer Fund - 0- Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 9,774.10 and MC010110 #2 through #3 as follows: General Fund $ 1,566.20 City Center Authority 102.18 Water Fund 1,200.00 Sewer Fund 1,200.00 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 4,068.38 and MC010301 #2 as follows: General Fund $ 10,880.00 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 10,880.00 Ayes all. Budget Transfers Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment A). Commissioner Thomas McTygue asked about the Recreation Department budget in connection with subdivision fees. Deputy Commissioner Christine Gillmett-Brown said the subdivision recreation fees are placed in a separate account. She said that of that balance, $30,000 is set aside annually for the ice rinks. She said the remaining amount is for whatever use the Council deems appropriate. Commissioner Thomas McTygue requested a report on that account. Deputy Commissioner Christine Gillmett-Brown said she could give a report at the next meeting. Ayes all. Waive of Bid B Esoft Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to waive the bid to Esoft in the amount of $1,894.00 plus shipping and handling. He said this is the sole source vendor for this project. Ayes all. Waive of Bid B Time Warner Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to waive the bid to Time Warner in the amount of $3,253 and to authorize the Mayor to sign all necessary agreements with Time Warner. He said this agreement includes the monthly service fees. He explained that through this agreement it will allow off site locations, i.e., Casino, DPW garage, etc. to tie into the City’s network. He said this funding has been included in his budget. Ayes all. City Owned Property Auction Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the distributed list of City owned parcels for the auction. He said minimum bid prices have been established by the Real Estate Committee. He said he hoped to have the auction in April or May. He said he would also consider using a professional auctioneer. Ayes all. Down Payment Assistance Program Previously discussed. DEPARTMENT PUBLIC WORKS Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Approval of Pre-Approved Expenditure Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the hiring of Kevin Weaver in the amount of $1,845.00 to do drywall work at 85 Beekman Street. Ayes all. Water & Sewer Penalty B Public Hearing Commissioner Thomas McTygue requested a public hearing be set for Tuesday, February 6 at 6:55 p.m. on the penalty for water & sewer rate charges. 2001 Water & Sewer Rates Commissioner Thomas McTygue requested a public hearing be set for Tuesday, February 6 at 6:56 p.m. on the 2001 Water & Sewer Rates. He said there would be a 14 percent rate increase to the sewer rates because of the County, however, there would be no rate increase in the water rates. Lead Agency for Saratoga Lake Water Project (01-011) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to establish the City as the lead agency for the purpose of using Saratoga Lake as a water source, to issue a positive SEQR determination and to authorize a draft EIS. Ayes all. Street Acceptance Commissioner Thomas McTygue announced the following streets accepted for snowplowing purposes only: Horseshoe Drive, Thunderbird Drive, Furlong Drive, American Way and Balmain Court. DEPARTMENT OF PUBLIC SAFETY Bid Waive Lists Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to approve the Bid Waive Lists as presented. Ayes all. Saratoga Springs High School 12th Grade Government Previously discussed. Authorization for Mayor to Sign “Buckle Up New York” Grant (01-012) Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded for authorization for the Mayor to sign the grant application for the Buckle Up New York Grant. He said the City has been notified that we have been awarded $18,000 to participate in this program. Ayes all. Cell Phone & Pager Services Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid with Nextel Partners for the initial cost of $1,699 for the purchase of the equipment. He said by changing phone services, the City would save approximately $1,000 annually. He said this money was within his budget. Ayes all. Lake Avenue Fire House Boiler Commissioner Thomas Curley said over the weekend the boiler at the Lake Avenue Fire House broke. He said Boyce & Drake has started to do some of the repair work and their best estimate on the cost of repair/replacement is $14,000. Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded that $14,000 from the contingency fund be used for the replacement of this boiler system. Commissioner Thomas McTygue objected saying that his department is attempting to absorb the cost of the City Hall boiler which recently needed to be replaced. He said since it is the beginning of the year, Commissioner Thomas Curley should try to absorb that expenditure and if not possible come back to the Council at the end of the year with this request. Commissioner Michael Lenz said funds were transferred from the contingency fund to DPW to cover the cost. He said the contingency fund is set up specifically for this type of unanticipated expenditure. He said he would support this motion. Commissioner Thomas McTygue said he would like to make it clear that if this same type of emergency happens somewhere in DPW, he too should be allowed to draw from the contingency fund. Commissioner Michael Lenz said the contingency fund is set up for emergency expenditures. He said it was his understanding that if there were any leftover funds from his budget after the repair of the City Hall boiler, that surplus would go back to the contingency fund. Mayor Kenneth Klotz asked Commissioner Thomas Curley if he had any funds available in his budget for this purpose. Commissioner Thomas Curley said no. Ayes all. DEPARTMENT OF PUBLIC WORKS Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Other B Newspaper articles Commissioner Thomas McTygue said he wanted to state on the record that the articles in the recent editions of The Saratogian were incorrect in connection with the dollar amount paid to City attorneys on the Town of Wilton/Elks issue. He said reporters and Barbara Lombardo should talk to City Hall staff and verify information before printing. He said it was too bad that this information had been put out to the public. He said the correct dollar amount was $15,000. WORKSHOP B SARATOGA LAKE WATER Commissioner Thomas McTygue said Doug Ward, attorney representing the City, and Rick Straut, Barton & Loguidice were here this evening to bring the Council up to date on what they are working on and the next steps. Rick Straut said the City passed this evening a resolution declaring the City as lead agency and also issued a positive SEQR determination. He said the City also authorized a draft Environmental Impact Statement (EIS) be prepared. He said the question now was where does the City go from here. Doug Ward said with this motion the City has embarked on a study to determine if Saratoga Lake is a viable water source. He said in order to do so an EIS is needed. He said they have and will continue to meet with the stakeholders. He said those stakeholders have now asked for scoping. He explained the scoping process is a way for the City to go out to the community and gather the community’s concerns/comments/suggestions on this proposal. He said the scoping process will last approximately 60 days. He said through this scoping process, it will be determined what should be reviewed in the EIS. He said after the scoping the EIS will be drafted which will list the potential options and impacts. He said Barton & Loguidice will prepare the EIS. He said when that is completed, it will be made available to the public and a public hearing would be held. He said any agency that needs to issue any permits in connection with this proposal will use the EIS as a basis of their decision making. He said those agencies will also provide comments to the City. He said once the public hearing has been held, Barton & Loguidice will prepare responses to those concerns and they may, if necessary, amend the EIS. He said the draft EIS then becomes the final EIS. He said once the final EIS is issued, the involved agencies will then issue a “finding”. He said once those findings are issued, the involved agencies may then issue its permit. He said at that point the City can then determine if it wants to pursue this option. Rick Straut said this is the beginning of the formal process. He said they are now preparing the draft scoping document and they will try to address as many questions/concerns as possible in Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 this draft. He said areas such as: how does this proposal compare to the 1986 document, what are the impacts on the species, recreation, wetlands, lake level, etc. He said these scoping sessions will bring out new questions which can then be addressed at the beginning of the process rather than at the end. Mayor Kenneth Klotz asked if both water quality and treatment would be reviewed. Rick Straut said yes. He said the Department of Health has an established set of guidelines that will be followed. He said items such as historical data, water quality, etc. will be done throughout this process. Mayor Kenneth Klotz asked if an analysis on cost would be done. Rick Straut said his report will give projected costs with various alternatives such as operating costs and the life cycle cost. Doug Ward said unfortunately the EIS in many cases confuses rather than explains. He said they want to make the decision making process as easy as possible. He said there has been a suggestion from one of the interested stakeholders on getting “real time” information. He said that because of that suggestion, as much information as possible will be added to the City’s WEB page. He said it would also likely be possible that comments/concerns could be made through the WEB site. Commissioner Thomas McTygue asked if the Council needed to do anything this evening in connection with the scoping sessions. He asked if there would be any additional charges for these sessions. Rick Straut said the contract covers these sessions. Rick Straut said after these sessions, they will have a better handle on the areas of concern. Mayor Kenneth Klotz asked about a timetable. Rick Straut said they hoped to have a draft EIS to the Council in late spring or early summer. Doug Ward said there is a time frame set up by the statue. He said usually there is 45 days between the draft EIS and the final EIS. Deputy Commissioner William McTygue asked who would be working on these products. Rick Straut said the professionals include: Barton & Loguidice; Don Allenback, retired professor from RPI; Fred Hart, consultant on the diagnostic feasibility of Saratoga Lake and archaeology experts; Commissioner Thomas McTygue thanked them for their presentation. He said he would continue to keep the Council updated on this process. Executive Session Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 8:55 p.m. Ayes all. Council members returned at 9:10 p.m. Mayor Kenneth Klotz reported that no action was taken. ADJOURNMENT Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 16, 2001 Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:10 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:10 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16

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