City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 2, 2002 7:00 P.M PRESENT: Mayor Kenneth Klotz Commissioner Thomas Curley, DPS Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Bob King, Deputy Commissioner, DPS William McTygue, Director, Utilities Jeff Wait, City Attorney PUBLIC HEARING 2002 Entitlement Action Plan Recommendations Mayor Kenneth Klotz informed Council members that the total available funding under this program is $454,000. He said the $454,000 will also be leveraged with approximately $1.6 million in matching funds. He reminded Council members that the Committee made its recommendations on March 19. He said the draft plan will be available for comment through April 22 and the Council would vote on the recommendations at their May 7 meeting. After that date the final plan will be submitted to HUD. Mayor Kenneth Klotz then opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing at 6:55 p.m. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. PRIVILEGE OF THE FLOOR Jenna Ringlehein B water Jenna Ringlehein, Skidmore environmental student, informed Council members that she is well aware of how the SEQR process works. She said the procedures that mandate the SEQR process are quite routine and deliberate. She explained that the basic concept of the SEQR process is to incorporate the environmental factors. She said involved agencies must determine if there is a significant impact to those environmental factors. She explained that if negative impacts are identified a draft environmental impact statement (DEIS) must be filed. The DEIS must describe items such Page 1 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 as the area to be affected, description of mitigation measures, reasonable alternatives, etc. All of those issues would then be discussed during the scoping process. Jenna Ringlehein said the Council agreed to the scoping document, hired a firm and the study was performed. She said the City has followed the SEQR process precisely, however, over the last several weeks there have been discussions and a push to deviate from the SEQR process. She said the Council should now be comparing the scoping document and the DEIS to determine if the DEIS complies with the scoping document and then the public comment period should begin. She said the Council will have six months time to review the document before a final DEIS is adopted. Jenna Ringlehein said no one was suggesting that the DEIS does not conform with the scoping document. She said there are individuals who would prefer to wait until the information from the county becomes available and to then incorporate that information into the document. She said it was her opinion that the information from the County should be added during the public comment period. She said including that information in this DEIS, at this time, would be a deviation from the scoping document. She said she was quite concerned about the proposal from Stephen Towne to release the DEIS without accepting it. She said that proposal goes against the advice of the City=s law firm. Jenna Ringlehein said accepting the DEIS simply follows the SEQR procedures. She urged the Council to not deviate from the SEQR process. Commissioner Thomas McTygue thanked her for her thorough presentation. MAYOR=S OFFICE Proclamation B Saratoga Springs High School Science Team (02-086) Mayor Kenneth Klotz presented members of the Saratoga Springs High School Science Team with a proclamation and congratulated them on their many successes. He informed Council members that members of the team would compete in the nationals in Washington, D.C. Proclamation B Saratoga Blue Knights Squirt Hockey Team (02-087) Mayor Kenneth Klotz presented members of the Saratoga Blue Knights Squirt Hockey Team with a proclamation. He informed Council members that they recently won the state title on their home ice on Weibel Avenue. He congratulated members of the team and their coach on their successful season. PRIVILEGE OF THE FLOOR Peter Tulin - water Peter Tulin said the water issue is very complicated. He said the Council is trying to do the Page 2 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 right thing and commended Council members and their deputies for their work on this matter. Peter Tulin said the issue at hand was whether or not to release the information. He then compared this issue to the landfill issue of several years ago which was also very complicated. He said the Council, at that time, made the decision to not comply with the Attorney General=s recommendation and in the end it cost the City a lot of money in legal fees. Peter Tulin said the water issue is not a political issue but rather is an issue for all of the residents of the community. He said we need to find a way for the Council members to come together and to do the right thing. Peter Tulin then suggested that Mayor Kenneth Klotz and Commissioner Stephen Towne combine their items on their respective agendas and deal with both issues at once. He suggested that the DEIS be accepted but with the condition that a letter be obtained from DEC on what exactly is DEC=s position on the Council releasing the document without accepting it. He said it was his opinion that lawsuits could be brought against the City if the DEIS was not accepted. Peter Tulin said Saratoga Lake would not be his first choice, however, the City needs to look at all of its options and more specifically, cost, control, consumption and consequences. He said the City needs to consider going to the Hudson River or digging additional wells. He said that cost issues such as who will pay for it, will we sell water, will the neighboring communities be interested, etc., need to be considered. He said it is important for the City to maintain control of its water source and consumption. He said there would be consequences to the people of Saratoga Lake and those consequences need to be reviewed. Peter Tulin urged Council members to accept the DEIS and to work together. Kevin Veitch B Co-pay for Health Insurance Kevin Veitch, President of the CSEA City Hall unit, expressed the union=s concerns over the Council=s recent action to increase the co-pay for health insurance. He said the union negotiated in good faith with the Council which lead to a good, binding agreement. He said the action of the Council to modify the contract was shameful. He further noted that a great deal of respect and trust that had been gained over the years was diminished by this one action. He urged the Council to keep the lines of communication open. He said he hoped this one action of the Council did not set a precedent. Kevin Veitch then said a grievance would be filed. Report B Military Museum There was no one in attendance to make a presentation. Proclamation -- Dignity for all Students Week (02-088) Mayor Kenneth Klotz read a proclamation declaring April 7-13 as Dignity for all Students Week. Home Rule Legislation B Ice Rink Property Page 3 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Mayor Kenneth Klotz withdrew this item from discussion. Real Estate Committee (02-089) Jeff Wait said the Real Estate Committee met recently to discuss the sale of paper streets. He said there is a parcel between Maple Avenue and Covell Street (10'x70') which two neighbors are interested in purchasing. He said it was the recommendation of the Real Estate Committee to sell this parcel for $400 ($200/each). Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the recommendation of the Real Estate Committee and sell this parcel for a $400. Ayes all. Jeff Wait said the second parcel came from a request from Spa Steel to allow them to purchase the paper street which runs through their parcel. He said the Real Estate Committee is recommending that this parcel be sold to Spa Steel for $4,000 ($10/square foot). He said the Real Estate Committee has written to Spa Steel explaining that this recommendation would be made to the Council. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the recommendation of the Real Estate Committee and sell the paper street to Spa Steel in the amount of $4,000. Ayes all. Tribute to Norman Fox Mayor Kenneth Klotz reminded Council members that Norman Fox recently retired from the Planning Board after spending 17 years on that Board. He said a reception was recently held in his honor. He thanked Norman Fox for his many years of service to the City. Role of City Attorney Mayor Kenneth Klotz quoted from the City Charter in connection with the City Attorney=s role. He said the City Attorney shall act as the legal advisor to the City and to conduct the City=s legal business. He said he was taken back a few weeks ago when Stephen Towne sought legal advice outside of the City Attorney. He said he was concerned that it was done without the courtesy of informing the City Attorney. Mayor Kenneth Klotz said he was also quite concerned that the City Attorney=s request for copies of invoices for attorney=s being used by other Commissioner=s was denied. He said the City Attorney should be overseeing those expenses and the action of denying the City Attorney=s request for those invoices simply subverts the City Charter. He said a memo was distributed this afternoon by the City Attorney on this matter. Mayor Kenneth Klotz said the City Charter has served the City well for these many years and this was a direct assault on the charter. He said that he swore to uphold and protect the charter and he hoped that Commissioner Stephen Towne would cooperate with the City Attorney=s office. Confirmation of Approval by Memo B Health Insurance Co-pay Increase (02-090) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to confirm the Page 4 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 recent approval by memo to increase the co-pay on health insurance. Mayor Kenneth Klotz said he wanted to make it clear that this action was recommended by the broker of record and will save the City approximately $300,000 per year. He said in his judgment this will have minimal impact on employees. He said it was his understanding from the City=s labor attorney, that because the contract does not specify the dollar amount of the co-pay, it was within their purview to make this change. Commissioner Thomas Curley said he would oppose this motion. He said the real issue was the methodology used in increasing this co-pay. He said he was also not convinced there was as great of a fiscal savings as has been suggested. Commissioner Thomas Curley said he believed this increase in co-pay should have been done through negotiations. He further noted that the union contracts stipulate that changes to the health insurance require a 90 day notification period. Commissioner Thomas Curley said he disagreed with the labor attorney=s recommendation on this matter and he believed the Council was placing itself in a difficult position. Commissioner Thomas McTygue said this was a difficult decision but it was in the best interest of the taxpayers of the community. He said during negotiations there was an agreement by members of the Council. He said the City=s cost for health care insurance is approximately $2.5 million each year. He said during the negotiations, the union agreed that new employees would be asked to pay a portion of their health insurance. Commissioner Thomas McTygue said the City takes good care of its employees and he believed that the comments made by Kevin Veitch were a bit harsh. He said he thought this could have been handled differently by the Union. Commissioner Stephen Towne said he was not able to be at the recent Council meeting where this issue was discussed. He said he had some concerns on this issue, and therefore, would not support the proposal. He said he was concerned with the budget process itself. He said it was his understanding that the City was informed of the likely increase in health care premiums in an estimated amount of $400,000. He said it was his further understanding the Commissioner Michael Lenz distributed a memo at that time looking for support from Council members to raise the co-pay which was not supported by Council members. Commissioner Stephen Towne said Mayor Kenneth Klotz then proposed an alternative budget, which was adopted, which did not include the necessary $400,000 to cover this increase. He said this seemed to be a pattern with the Mayor. He reminded Council members that his department would have a bid opening this Thursday on liability insurance and it was likely there would be a $100,000 deficit in that line item. Commissioner Stephen Towne said he was confused that the issue of co-pay was being used as a negotiable item with one union but that they simply changed it in another contract. He said he did call the City=s labor attorney for more information. He said at this time he was still unsure enough of the issues that he was not comfortable in supporting the proposed increase. Commissioner Michael Lenz said he understood the concerns of the union but the City is faced with a shortfall in this line item. He said he was informed in the fall by the broker of record that there would be an approximate $400,000 increase in health insurance premiums. He reminded everyone that health insurance is approximately 10 percent of the city budget. He said he appointed a health insurance committee and two of their recommendations included: a) employees pay a share of the premiums, and/or b) increase the co-pay. He said faced with Page 5 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 the dilemma of this increase, he circulated a memo last year looking for support to raise the co-pay. He said there was no support from the Council to approve his request to increase the co-pay. He said it was his belief the co-pay be increased, but he was more comfortable in doing it this past fall. Commissioner Michael Lenz said the Mayor was well aware of the proposed increase in the premiums, however, when the Mayor presented his alternative budget, he did not include the funds to cover that increase. He pointed out that every month that goes by it costs the City $25,000 in health insurance premium costs. He said he simply could not vote no, as the Finance Commissioner, and have this deficit. He pointed out though that this is still not enough to cover the expected deficit. Commissioner Michael Lenz said he understood the union=s position and agreed that it would likely be heard in the courts but said the City needs to increase the co-pay. Commissioner Thomas Curley said the unions want to work with the City on this issue and he did not believe the issue was the dollar amount but rather the methodology used by the Council to increase the co-pay. He said the Council is obligated, as a partner in the contract, to abide by the contract. He too agreed that it was very likely that this would go to arbitration. He said the Council was going about this in the wrong manner. Ayes: three; Nays two (Commissioners Thomas Curley and Stephen Towne). Vote B Acceptance of Water Source DEIS Report (02-091) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded the following resolution: WHEREAS, the City of Saratoga Springs has proposed to develop a new water supply source to meet the community=s long-term and emergency water supply needs, WHEREAS, this proposal must be evaluated pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) (Article 8 of the New York State Environmental Conservation Law) and implementing regulations (6 NYCRR Part 617), WHEREAS, on February 21, 2002, the City Council was provided with a proposed DEIS by the City=s engineering consultants and as lead agency under SEQRA has reviewed the DEIS and held a workshop to consider the document. NOW, THEREFORE, BE IT RESOLVED, that pursuant to 6 NYCRR 617.9(a)(2) and other provisions of SEQRA, this DEIS shall be released for public review and a Notice of Completion shall be filed, circulated and published. AND IT IS FURTHER RESOLVED, that a public hearing on the DEIS be held by the City Council on June 11, 2002, at 7:00 p.m. at the Music Hall, third floor, City Hall, Saratoga Springs and that the City Council commits to hold the record open to receive public comments for a period of six (6) months from the date of this resolution. Mayor Kenneth Klotz said the approval of this resolution is called for by the engineers, City Attorney, Chamber of Commerce, Planning Board, local newspapers, etc. He said he Page 6 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 personally rejects the idea that this document should not be released. He encouraged Council members to put aside the partisanship issues and accept the document. Dean Summers, attorney representing the City, said he has had some discussions with DEC and they have informed him that it is important to proceed with established procedures on this matter. He said accepting the document and making it available for public review does not mean that the Council approves of it substantively. He said it simply means they are following the guidelines. Dean Summer encouraged the Council to accept the DEIS. He said by not accepting it, it could open avenues for individuals to challenge the process. He said following the established procedures, limits those avenues. He said by not accepting it jeopardizes the integrity of the well established process. He said he was unsure what would happen if the document was released outside of the established procedures. Dean Summer said there were two ways to release this document, a) through the SEQR process of b) through freedom of information law (FOIL). He explained that if the document was released under FOIL, some portions of the document would be exempt because of the intra-agency related material. He said if all of the material was included, the intra-agency privilege of employees would be waived. He said that in itself could be a charter issue. He said he was not sure if the majority of the Council could waive the rights of another Commissioner=s employees. He said waiving that privilege would be very disconcerting to employees because they would never know at what point they were protected by intra- agency privilege. Dean Summer said if the Council was interested in including other information after accepting the document, it could be included under the Supplemental Environmental Impact Statement (SEIS). He explained that the SEIS would give the Council the ability to limit what was to be included. Dean Summer said he was somewhat concerned that if the additional information on drawing from the Hudson River was included it would vary from the scoping document to enough of a degree that it could trigger another whole SEQR process. He said if that happens, the Council could be forced to perhaps look at drawing from the Mohawk River. Mayor Kenneth Klotz questioned whether the damage had already been done because the Council approved a memo last week on releasing the information. Dean Summer said that memo did not involve FOIL, but it did involve the waiver of the deliberative process of privilege. He said he was not sure if Council members were aware of that waiver. Dean Summer said he was very concerned that the Council seemed to be jumping off the well established SEQR procedure track. He said by doing so, placed the document in some sort of legal limbo and would give individuals who wanted to challenge the document a stronger legal basis. He said up to this point the City has been very meticulous in following the procedures. Dean Summer encouraged the Council to accept the document and open it up for discussion. He said doing otherwise would be waiving privileges that would surely have legal consequences for the City. Page 7 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Mayor Kenneth Klotz said he was concerned by opening the door to challenges simply on a procedural issue. Dean Summer said any decision the Council makes could be open to procedural challenge, however, following the established procedures, limits those challenges. Commissioner Thomas McTygue said he was concerned about Commissioner Stephen E. Towne=s memo. He questioned if the document was released without accepting it, would it still be a DEIS. Dean Summer said if the document is released without formal acceptance, he would suggest the Council simply pretend it was still on track. He said he would need to do some research on that procedural irregularity. He further noted that if the document was not accepted by the end of the month, someone would need to write a formal paper on why it was not accepted. He said someone would need to review both the scoping document and the DEIS to determine why the DEIS did not meet the needs of the scoping document. Commissioner Thomas McTygue asked if residents would be able to sue the City for not following procedures. Dean Summer said that was a discussion for executive session. Commissioner Stephen Towne said according to the SEQR process there is no prohibition on releasing the document. Dean Summer said it had to do with the way in which the document is released. He said the Council could accept it and release it, or not accept it and release it under FOIL but the privilege for employees would be waived. He said the easiest way to release the document was by accepting it and releasing it. Commissioner Thomas Curley said there is a recommended process to follow. Dean Summer agreed that the SEQR process does not preclude the City from releasing the document, but if released under FOIL, it would not be released in accordance with SEQR procedures. He said if we breach those procedures, it would be a legal irregularity. Commissioner Stephen Towne said common sense dictates that all relevant matters be reviewed. He said much of this discussion could be avoided if this same motion did not keep returning to the table. He said he still has the same reservations he had before. Commissioner Thomas McTygue asked what was not adequate. Commissioner Stephen Towne said he would like to review the information from Clough Harbor. He said it did not make sense to accept the document while that study was taking place. Commissioner Thomas McTygue said that information could be inserted into this document during the public comment period. Commissioner Thomas McTygue suggested the Council wait 45 days until the county document becomes available rather than destroying the integrity of this document. Commissioner Stephen Towne said that has been an option all the time, but apparently was not acceptable to some Council members. Commissioner Thomas McTygue said he was concerned what would happen to the document if released through FOIL. He said he was also very concerned that all of the work done to date would be lost on a procedural issue. He said he would rather wait a few weeks rather than destroy the process. Commissioner Stephen Towne said both Mayor Kenneth Klotz and Commissioner Thomas McTygue have continually pushed for the adoption of this resolution. He said he would rather wait until all information is available and he was not ready to accept the document until that time. Page 8 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Commissioner Thomas McTygue said the county information could be inserted during the public comment period. Commissioner Thomas McTygue said this would be a serious mistake to release the document without accepting it. Commissioner Thomas McTygue asked if the Council could keep the document a little longer without accepting it. Dean Summer said yes. Commissioner Michael Lenz said it was his recollection that a special meeting was held and there was a motion at that meeting to wait for the additional information. He said he thought there was a decision by the Council to wait until this information was available. He said at the meeting with the County there was a consensus that the County would hire Clough Harbor to review and provide information on the alternative source of the upper Hudson. He said it was his understanding that was agreement to wait 30 days. He said there was then some clamor by the public to get the information out through FOIL and now it is again before the Council to accept and release Commissioner Stephen Towne said his position on this matter has been clear. He said he could not understand why other Council members continued to force the issue when they knew his position. He said it appeared that Mayor Kenneth Klotz and Commissioner Thomas McTygue simply did not want to accept his position. He said it was amazing to him that all of a sudden Commissioner Thomas McTygue is now willing to wait. He asked why Commissioner Thomas McTygue did not offer that solution a month ago. Commissioner Thomas McTygue said the meeting with the County revealed nothing. He said neither Moreau or Wilton were interested in joining forces to bring water down. Commissioner Thomas McTygue again said releasing this information would destroy the process and the document. He said it was time to release this information. Commissioner Stephen Towne said it was his recollection that the City would wait until the information was available from the County. Mayor Kenneth Klotz said he had a different recollection. Commissioner Stephen Towne said Mayor Kenneth Klotz left the meeting early. Dean Summer said there are two options available that would not jeopardize the process. He said the Council could accept it and release it or wait until the other information is available. He said if the priority is to release the document, then the Council should accept it. Dean Summer said it was his belief though that the study the County was doing was a tunnel feasibility study. Dean Summer said there is a clamor from the public to release the information. Mayor Kenneth Klotz said much of that clamor is from individuals from outside of the City. Dean Summer said his discomfort with delaying the release would be less than if the City jumped outside of the SEQR process. He said he recommended that Council not jump outside of that process. Commissioner Michael Lenz said he understood that the recommendations from the County would not be as exhaustive as the City=s study, but he too believed the City should wait for that information. Dean Summer said including information in the DEIS which was not recommended in the scoping document could be problematic. Doug Ward, attorney representing the City, suggested it would be better to wait on the County information and incorporate it during the SEIS. He said the scoping document was for the City to obtain water on its own and pay its Page 9 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 own way and by including information from the upper Hudson could broaden the scope just enough that they may need to start over. Doug Ward said there is nothing that precludes the City from accepting more information during the public comment period. Commissioner Thomas Curley asked what would happen if the City did not do enough justice to the alternatives. Doug Ward said the language in the SEQR specifically contemplates that there may not be enough information on any given alternative. He said the DEIS is just the beginning of the process. He said if it came down to getting the information out and/or sacrificing the process, he would recommend that the process not be sacrificed. Mayor Kenneth Klotz said because the memo had already been circulated he believed the damage was done. Doug Ward said it was his understanding the memo served as intent only and not a final action. He said the final action would be taken tonight when the Council ratified that intent. Commissioner Michael Lenz said he believed it would be better to wait. He asked if it would strengthen the City=s position by exploring all options. Doug Ward said not really. He said he was more concerned with the process. He said if the City jumps out of the process the SEQR could be more easily challenge. He said the mistake would be to not deal with the County=s plan if it is submitted during the public comment period. He said the City must deal with the comments made during the public comment period and if the City fails to do so then it becomes and issue. Commissioner Stephen Towne asked whether the City was in a better or worse position by expanding their options. Doug Ward said the issue was following the well established process. Jeff Wait said he had received a FOIL request and he is prepared to release a refracted version of the DEIS. Commissioner Stephen Towne said he was not aware of the privilege issue and asked who had the authority to waive that privilege. Jeff Wait said it was his belief that the Council could waive that privilege and it was his obligation to uphold the privilege until instructed otherwise. Commissioner Stephen Towne pointed out that Jeff Wait made this determination on his own. Jeff Wait said he did because he was faced with a FOIL request which has time restrictions and he believed it was his responsibility to assert privilege on behalf of the Council. He pointed out that if the Council does nothing this evening the documents will be released under FOIL. Commissioner Thomas McTygue said he would support holding the document until the information comes from the County. Commissioner Stephen Towne asked if the Mayor was prepared to withdraw his motion. Mayor Kenneth Klotz said the previously distributed memo was quite damaging and devastating. He said he was concerned that memo could still be in force. Jeff Wait said the memo was an indication of intent only. He said unless it is confirmed it becomes null and void. Commissioner Michael Lenz asked if Commissioner Stephen Towne would be willing to withdraw his memo. Mayor Kenneth Klotz said he would withdraw his motion if Commissioner Stephen Towne withdrew his memo. Page 10 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to withdraw their previous motion. Ayes all. Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to withdraw the previous approval by memo regarding the release of the DEIS document. Ayes all. Approve Geyser Road Baseball Field Construction Mayor Kenneth Klotz said last week a memo was circulated concerning additional funds to complete the baseball field in Geyser Park. He said a request had been received for an additional $5,000 to complete the project. He said the City has been working with Spa Catholic on this issue. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize and additional $5,000 from the contingency fund for this project. Alphonse Lambert said this funding will be used for dirt and mounding material. Alphonse Lambert said they received several quotes and the best price for the material is $5,000. Commissioner Michael Lenz said he would support this motion but wondered why this was not discussed during budget negotiations. Commissioner Thomas McTygue said because the information just became available. Mayor Kenneth Klotz said this is a case where there is clear commitment to a project. Alphonse Lambert asked that the Council consider moving the score board to Geyser Park for this season. Commissioner Stephen Towne said he supported the additional funding request but did not understand why this was not funded. He said he also thought the timing of the request was bad. He asked if any games would need to be rescheduled. Alphonse Lambert said the opening game is scheduled for April 15. Commissioner Thomas McTygue pointed out that there was snow on the ground last week and even if the material was available it could not have been installed. Commissioner Stephen Towne said his office was contacted in late February on purchasing this dirt. Alphonse Lambert said that he did talk to DPW several months ago on the need for this dirt. Commissioner Thomas Curley called the question. Ayes all. ACCOUNTS DEPARTMENT Approval of February 21 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the February 21 City Council meeting minutes. Ayes all. Page 11 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Approval of March 19 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 19 City Council meeting minutes. Ayes all. Approval of March 28 City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the March 28 City Council meeting minutes. Ayes all. Award of Bid B Field Marking Lime Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for field marking lime to United Horticultural Supply of Warnerville, NY in the amount of $3.15 per bag (low bidder). Ayes all. Award of Bid -- Port-a-John Rentals Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Port-a-John Rentals to Drain Care of Melrose, NY at $15.00 per unit (low bidder). Ayes all. Commissioners of Deeds Commissioner Stephen Towne announced the appointment of the following individuals as Commissioners of Deeds: Ingrid Braun (Office of Levine & Kletter), Barbara Kelleher (realtor), Timothy Sicko, Glen Barrett, Christopher Ozolins, Paul Vietch, James Reilly, John Arpei, Russ Terpening, John Shaw, Joseph Arpie, Michael Welch, Dave Levanites, Denis Butler and Gary Forward (all of the police department) Purchasing Guidelines Review Committee Commissioner Stephen Towne announced the formation of a purchasing guidelines review committee. He said he had been working on reviewing, rewriting and updating the procurement policy and procedures. He appointed George Gasser (past president of the NYS Municipal Purchasing Association, Retiring NYS Treasurer, Account and past Deputy Commissioner of Accounts), Carol Green, (past municipal auditor for the firm of Edwards, Williams, McManus & Ricardelli specializing in Municipal Government Audit, and current comptroller for the Town of Wilton); Deputy Commissioner Christine Gillmett-Brown; Deputy Commissioner of Accounts Deborah Harper and Karen Slayton, Purchasing Department. Public Assembly Ordinance Review Committee Commissioner Stephen Towne announced the formation of a committee to review the public assembly ordinance that effects a number of issues including tent permits as allowed within the City. He appointed Geoff Bornemann, City Planner; Mike Biffer, Building Inspector; Deputy Commissioner of Public Safety Bob King; Kevin Veitch, Code Enforcement Officer; Deputy Commissioner of Accounts Deborah Harper and Sheila Brooks, Accounts Department. Page 12 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Mayor Kenneth Klotz said he was glad to see members of his department included on some of these committees, however, he was concerned about their workload. He asked that before appointments were made to these committees, they be cleared through his office. Deputy Commissioner Debbie Harper said these appointments were cleared through Deputy Mayor Hank Kuczynski. July 4th Fireworks Event Review Committee Commissioner Stephen Towne said it was his understanding that a committee is formed at this time of the year to make arrangements for fireworks traditionally held in Congress Park. He then appointment Deputy Accounts Commissioner Deborah Harper, Deputy Finance Commissioner Christine Gillmett-Brown, Arthur Carnevale, DPW and Deputy Public Safety Commissioner Bob King. Insurance Bid Opening Commissioner Stephen Towne reminded Council members that the bid opening for insurance coverage would be held on Thursday, April 4 in the City Council room at 10:00 a.m. He invited Council members to attend. Voter Education Committee Commissioner Stephen Towne said he had formed a group of local high school and Skidmore College students to work with Deputy Commissioner Debbie Harper to develop a voter education program. He said they will explore a number of different ways to bring voter information to young voters within the City of Saratoga Springs. He said the following individuals were members of this committee: Jevan Fox, Jameson Brown, Jacqueline Paulett and Joe Franco (all from the Senior High School Participation in Government class) and Andrew Kirshenbaum, President of the Skidmore Student Government and Juan Martinez a junior at Skidmore. Secretary to the City Council upgrade (02-092) Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to upgrade the position of the Secretary to the City Council from grade 12 to grade 14. He said the CSEA Unit President Kevin Veitch approved of the upgrade and the Civil Service Commission approved the job title and job specifications at their March 20 meeting. He said the money was within his budget. It was agreed a memo would be circulated concerning the effective date. Ayes all. Frank Sullivan District Public Hearing Commissioner Stephen Towne reported that the Council received an amended petition form the August Group for a zoning map and text amendment with a favorable advisory opinion from the Planning Board. He requested a public hearing be set for May 7 at 6:45 p.m. Management of the City WEB Site Information (02-093) Page 13 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Commissioner Stephen Towne said more than a week ago he submitted a request to Brad Birge to place some information on the WEB site which has not been done. He said he then submitted a request to the Mayor to have this information place on the City=s WEB site. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded there be a generic City Hall WEB page with separate links to the departments within City Hall and that those department WEB pages be managed by the individual Council members. Mayor Kenneth Klotz said that he would respond within the next few days to Commissioner Stephen Towne=s request. He said he believed the WEB site should be informational only and should include official City documents. Mayor Kenneth Klotz said perhaps some thought should be given to establishing a policy for the WEB. He said though this motion as clearly interfering with the office that he runs. Commissioner Stephen Towne said in the absence of a policy it becomes managed by the Mayor because Brad Birge is within the Mayor=s Office. He said that was an authority that he thought no one individual should have. He said he did not believe that Council permission should be sought to place an item on the WEB. Mayor Kenneth Klotz said careful consideration should be given to this issue. He pointed out that there are many contentious issues that if placed on the WEB could only deteriorate the WEB site. Commissioner Stephen Towne said he trusted the judgement of council members. Commissioner Michael Lenz said he too believed that the sole responsibility for the site should not rest with one Council member. He said there should be a mechanism available for all Council members to get information on the WEB without clearing it through another Council members. Commissioner Stephen Towne said Brad Birge has done a fine job with the WEB site, but there needs to be some type of criteria. Commissioner Thomas McTygue suggested that a policy be established before the Council approves this motion. He too said he was concerned that the WEB site could deteriorate. Ayes: Commissioners Stephen Towne, Michael Lenz and Thomas Curley; Nays: Mayor Kenneth Klotz and Commissioner Thomas McTygue. Motion carried. Ratification of Previous Approval by Memo for Release of DEIS Information Previously withdrawn. FINANCE DEPARTMENT Payrolls Page 14 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: March 22, 2002 $318,958.21 and March 29, 2002 $313,470.24. Ayes all. Warrants Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 1APR02 - Warrant 2-29 General Fund $167,013.96 City Center Authority 23,526.50 Water Fund 23,615.17 Sewer Fund 3,908.33 Capital Project 7,283.81 Special Assessment District -0- West Avenue SAD -0- Trust Fund 300.00 Debt Service -0- Community Development 4,677.12 $230,324.89 MC020327 -- Warrant 2-7 General Fund $1,172,719.11 City Center Authority 9,471.63 Water Fund 1,903.23 Sewer Fund 593,431.88 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $1,777,525.85 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget transfers (Attachment A) as presented. Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments (Attachment B) as presented. Ayes all. Sales Tax Report Page 15 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Deputy Commissioner Christine Gillmett-Brown said arrangements have been made with the state to receive funds via wire. She said they have forwarded a listing of City streets to the County which has been placed on their WEB page and also on the City=s WEB page. She said we are waiting for the state to send out letters to vendors to identify their exact locations. City Land Auction Deputy Commissioner Christine Gillmett-Brown said the land auction will be held on April 27 and she submitted a list of the site to Commissioners for their review. She asked that Council members review the list and get back to her by the April 16 meeting with any issues they may have. She said that suggested minimum bid prices have been established, however, they do not want to release that information. She said the information was available for public consumption. Commissioner Michael Lenz said the list included foreclosures as well as parcels identified by Geoff Bornemann, City Planner. Christine Brown said there are number of attractive parcels available this year and it was possible that a substantial amount of revenue could be gained. Commissioner Michael Lenz commended City Hall staff, Mike King, Geoff Bornemann, Christine Gillmett-Brown; and John Mannix, attorney for their work on this matter. Christine Gillmett-Brown informed Council members that the Alger Street parcel had been removed from the list. Commissioner Thomas McTygue asked that the City Attorney stay on top of this parcel. He said this parcel has been in bad shape for many years and it was time to take care of it. Jeff Wait, City Attorney, said he was working with Paul Male, City Engineer on what is possible with this parcel. Empire Health Choice for Profit Status (02-094) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the previous approval by memo concerning the change of status for Empire Health Choice for Profit Status. Ayes all. NYS Retirement System Section 41 (j) (02-095) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adopt the resolution (Attachment C) in connection with the Allowance for Unused Sick Leave Subdivision (j) of Section 41 of the Retirement and Social Security Law. Commissioner Michael Lenz said this was approved during the contract negotiations, however, the formal resolution also needs to be adopted. He said initially there was no cost to the City, however, since the contract was approved a cost of $6,946 for the year has been established. He explained that this would allow employees to use a portion of their sick time when retiring as credit toward their benefit. Ayes all. DEPARTMENT OF PUBLIC WORKS Page 16 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Receipt of Donations Commissioner Thomas McTygue informed Council members that Bonacio Construction will donate two dugouts for the baseball fields. He said he would get back to the Council with a dollar amount. Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to accept the donations of $808.50 from Saratoga Springs American Legion, Adirondack Post #70 for the new U.S. Flags that will fly on Broadway and $661.50 from the Broadway Banner and Flag Company toward the purchase of the new American flags for Broadway. Ayes all. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the donation for the carousel project of $8,730 from Window Tech Company (located in the Town of Malta) toward the manufacture of the large glass window panes installed at the carousel pavilion. The original cost was $11,640, therefore, the City will only be responsible for a balance of $2,910. Ayes all. Geyser Crest Well Field William McTygue, Director, Utilities, said there has been a drop in the water levels in the Geyser Crest well fields over the last several years in part due to the drought. He said DPW recently sent a memo to the Planning Board advising them to be more sensitive to the Geyser Crest well field yields. He said they recommended no new connections, beyond what has already been approved. Rick Straut, Barton & Loguidice, and Vince Arpei, electrician, presented information to Council members on the levels of the wells in Geyser Crest. Rick Straut said the City purchased the well fields in 1984. He said a study done by Dunn Geoscience at that time said there was a potential to pump 2.3 million gpd with six wells and that amount could be increased to between 3.2 and 3.9 million gpd with a seventh well. He said in 1988 a seventh well was added and permitted for 2 million gallons per day. He said the total estimated potential was for 4 million gpd. He said when the pump tests were done it was rated at 1.8 million gpd. He said the last official test for the ratings was done in 1988. Rick Straut said the ground water table is dropping. He then displayed data showing year by year the fluctuation levels. He said the height of the water table is now at 1.8 feet and it is not possible for the levels to go below that amount without sucking air. He said the City is currently pumping about a quarter of the estimated capacity. He pointed out that 2002 appears to be another drought year and the situation is now at a critical state. Rick Straut said this data raises a flag for the City. Vince Arpei said one of the contributing factors is the increased development in the surrounding communities. He pointed out that we are all drawing from the same aquifer. He further noted that the Geyser Crest fields are not reliable as an emergency replenishment for the City. William McTygue said the aquifer can be replenished with rain and perhaps there could be a turnaround in drought conditions. He said though the City should be more prudent and adopt a policy to discourage new connections to this system. He further explained that this Page 17 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 is an isolated water system with respect to the rest of the City. Commissioner Thomas McTygue said earlier in the year we were below the spill levels, however, because of the recent rain the levels are up slightly. He pointed out though that many streambeds are very low or even dry. He said DPW continues to monitor the levels. Rental of Compost Screen Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the rental for a screen for the compost facility from Lyons Equipment Company of Little Valley, New York in the amount of $5,000 per month. Ayes all. Member Item B Funds from the State Commissioner Thomas McTygue said that he had mentioned at the last meeting that he would like to pursue having the funding for the water tower at the industrial park transferred to an indoor recreational facility. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the Mayor to write a letter on behalf of the Council, requesting that the $1,000,000 funding be transferred from the water tower project to an indoor recreational facility. Mayor Kenneth Klotz said he regretted the prospect of giving up on the water tower. Commissioner Thomas McTygue said the County was not willing to fund a portion of this project and it appeared that there would be no more discussions on that matter. He said there is no immediate need for a water tower, however, we know there is a need for a recreational facility. Commissioner Michael Lenz said he recently spoke to Senator Bruno=s office and he was informed that if the City was not interested in using this funding for the water tower, it was likely that the funding would simply be taken away. He said there are a number of communities throughout the state that have water issues and the funds would likely be given to them. Commissioner Michael Lenz said he spoke with Rick Bird at Senator Bruno=s Office. Commissioner Thomas McTygue he was informed that there was a good possibility that the City could still have this money and could move forward with the recreational facility project. Commissioner Thomas McTygue said he was confident that the funding could be maintained. Commissioner Michael Lenz asked that this matter be cleared up before Council members voted. Commissioner Thomas Curley said his department receives many grants from the state and they are very specific on how the money can be used. He urged caution before making this request. Commissioner Thomas McTygue said he was involved with Senator Bruno=s office initially and he was lead to believe that the transfer of these funds could be done. Page 18 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 2, 2002 Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to withdraw the motion. Ayes all. Appointment (02-096) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to create a new position entitled Utilities Clerk and to appoint Lynn Zorn to the position of Utilities Clerk at Grade 11, Step 1 of the salary scheduled effective April 8, 2002. He noted that this will also be her new step date. He said Civil Service has approved this position. He also informed Council members that her additional stipend of $1,000 would be deleted. Ayes all. DEPARTMENT OF PUBLIC SAFETY Traffic Light Improvement Project Commissioner Thomas Curley reported that the traffic signal improvement project is on schedule. He said preliminary work had been done at several intersections. He said the target date for completion is October. Pet Ordinance B Discussion Commissioner Thomas Curley said there has been some concerns expressed recently with people cleaning up after their pets. He reminded everyone there is a penalty for not doing so. He said the ordinance was a City wide ordinance and he would be putting up some signs as a reminder to residents. ADJOURNMENT Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 10:50 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:50 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 19 of 19