City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 15, 2003 7:00 P.M. PRESENT : Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT : Bruce Brown, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner, DPS Christine Gillmett-Brown, Deputy Commissioner, Finance Deborah Harper, Deputy Commissioner, Accounts Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING Land Trust of Saratoga Springs B Zoning Amendment Mayor Kenneth Klotz said this was a public hearing on a petition submitted by the Land Trust of the Saratoga Region for a zone map amendment that would change the zoning of the eastern portion of the property at 27 Excelsior Avenue from Urban Residential-1 to Neighborhood Commercial District. He said the property is approximately six acres. He noted the required advisory opinion from the City Planning Board was favorable and on file. He said the petitioner had submitted the required proof that notice of this hearing had been sent to the adjacent property owners. Alane Ball Chinian said the Land Trust of Saratoga purchased this 20 acre site including the old bottling plant in April 2001. She said the land was purchased to preserve the area as a park. She said they have now identified someone who is able to do a sensitive rehabilitation of the site and the approval of this zoning amendment would allow that process to happen. She urged the Council to approve this request. Mayor Kenneth Klotz opened the public hearing. Matthew Jones, 2 Victoria Lane, said he appeared before the Planning Board expressing his support of this project. He said this was a good quality, small development project that he fully supported. He encouraged the Council to approve this request. Jim Murphy, 18 Victoria Lane, said he was speaking for the surrounding neighborhood property owners. He said they have worked closely with the Land Trust on this matter and they are comfortable with the advisory opinion from the Planning Board. He said this proposal preserves they open space that they were looking for and he encouraged the Council to approve this request. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. with the Pledge of Allegiance. Page 1 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 PUBLIC COMMENT PERIOD Cliff VanWagner, 228 Caroline Street, representing the National Speed Skating Hall of Fame, said that he and others including Tom Porter, Dick Butler, George Garner and a number of other individuals have been working on establishing the National Speed Skating Hall of Fame in Saratoga Springs. He said in 2001 the Amateur Speed Skating Union of the United States and the U.S. Speed Skating merged to form U.S. Speed Skating Organization which is now the national governing body for all U.S. speed skaters, both long and short track. He said the National Speed Skating Museum & Hall of Fame is the only official entity in the United States for recognizing the accomplishments of ice speed skaters from Jack Shea to Apollo Ohio. He said the proposed 400 meter, outdoor oval will be the fourth such oval in the United States. He informed Council members that Saratoga Springs native Tom Porter is President of the Board of the National Speed Skating Museum & Hall of Fame. He also noted that the National Speed Skating Museum & Hall of Fame is the only legally authorized Speed Skating Museum & Hall of Fame in the Nation. He said the National Speed Skating Museum & Hall of Fame has officially received 501C-3 tax exempt, not-for-profit status through the volunteer efforts of Fredette & Sankowski, CPA, and David Harper, attorney. Cliff VanWagner said they have received to date: $30,000 from the Dake family; $30,00 from Assemblyman Bobby D=Andrea; $30,000 from Assemblyman Roy McDonald; $3,700 from the Eastern Speed Skating Committee; $2,000 from the U.S. Speed Skating Hall of Fame committee; and $1,000 donated to play golf with Bonnie Blair at The Saratoga National Golf Course in September 2002. He said there has been some initial collection of Speed Skating memorabilia which is currently being stored in a temporary rental location in Wilton. He said that memorabilia is being catalogued and inventoried by the newly hired museum director from the Cooperstown Graduate School of Museum Studies. He noted that in 2002, Dan Jansen and Bonnie Blair donated the Olympic Torch that they carried in the 2002 opening ceremonies to the National Speed Skating Museum & Hall of Fame. He said the Newburgh Lions Club donated the Newburgh Speed Skating Collection which doubled their inventory from 700 items to more than 1,400. Cliff VanWagner said Richard Butler, Butler Rowland Mays architectural firm, designed the proposed museum and hall of fame and he displayed that design. He said this complex will have a refrigerated, outdoor 400 meter Speed skating oval as well. He informed Council members that recent inductees into the National Speed Skating Museum & Hall of Fame included Bonnie Blair, Cathy Turner & Andy Gabel. He said the U.S. Speed Skating Board meeting will be held in Saratoga Springs in April 2004 and will include induction of new members to the Hall of Fame. He said this committee will propose national and international, sanctioned Speed Skating competition at the proposed 400 meter oval. He also noted that the outdoor oval can be converted to an in line skating oval for summer use. He said the committee is currently in discussions with the City of Saratoga Springs to locate the proposed project on City lands adjacent to the existing, covered ice skating rinks on Weibel Avenue. Cliff VanWagner said this committee is asking the Council for endorsement of this project. He said with that endorsement, they could begin their fundraising campaign. Mayor Kenneth Klotz thanked Cliff VanWagner for this presentation. George Cannon thanked Commissioner Stephen Towne for proposing the additional public hearing on the water source project. He said there is still a lot to be said on this matter. He then stated that while the City is dealing with a water supply shortage, we are selling up to 250,000 gpd to the Town of Wilton. He said along with losing that water and the opt out of the sales tax, citizens are dissatisfied. DEPARTMENT OF PUBLIC SAFETY Swearing In B Police Chief (03-124) Page 2 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Commissioner Thomas Curley administered the Oath of Office of Edward Moore, Police Chief. Before doing so he said it was good to see that representatives from the NYS Police, City Police, Saratoga County District Attorney Jim Murphy and many other police organizations hear this evening. Edward Moore, Chief, thanked everyone for attending. He said he was honored to be the new police chief for Saratoga Springs. He said Saratoga Springs had been his home for more than 20 years and he loved this City and the people. He said there is no better group of police officers than here in this City and he was proud to serve with them. He said it was due, in great part, to their hard work that he was able to move up through the ranks to become Police Chief. He said he recently held his first staff meeting and there was some discussion on how make a good department better. He said he is looking at expanding the community policing program. He encouraged feedback from the community on their thoughts about the community. He said he also hoped to have the department accredited within the next five years and to have a new police facility. He again thanked everyone for their attendance and their support of him. MAYOR =S OFFICE Saratoga Hospital PUD Amendment B Vote to accept for study and send to the Planning Board Mayor Kenneth Klotz said the City had received a petition from The Saratoga Hospital for a set of amendments that would change the boundaries of the existing Saratoga Hospital Medical/Professional Planned Unit Development District at 211 Church Street. He said the Council needs to decide it if will accept this petition for study and whether to forward it to the Planning Board for an advisory opinion. Matthew Jones, attorney representing The Saratoga Hospital, said they were here this evening, much like a sketch plan discussion, to ask the Council to accept this zoning amendment petition and to refer it to the Planning Board. He then displayed an aerial photograph of the PUD. He explained that the hospital recently acquired six medial office buildings to the east of the hospital and they would like to include them in the PUD. He said there are currently five zones in the PUD and they would like to add the parcel to the east and the patient accounts building. He said along with their proposal is the request to allow them to acquire North VanRensselaer Street. Stephanie Ferradino said the first phase of this project would allow the demolition of the buildings on the parcel to the east, alignment of North VanRensselaer Street, addition of 148 parking spaces and relocate and expand hospital services through an additional building. She said the first phase would allow for the construction of a radiation therapy section near North VanRensselaer Street. She said the existing hospital cafeteria would also be expanded. She then displayed a model of the hospital through a power point presentation. She said the addition of the patient care expansion would be part of phase two which would allow for the expansion of the existing emergency room, the addition of critical care beds and infrastructure to support those services Commissioner Michael Lenz asked about the time table. Matthew Jones said the driving force is the radiation therapy center. He said they have an application before the NYS Department of Health and they hoped to start construction in the spring of 2004. He said there are still a number of other approvals necessary before construction can begin though. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded that the Council accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Anti-Discrimination Policy (03-125) Mayor Kenneth Klotz said the City has had an anti-discrimination policy in place for several years. He said Brad Birge and Cindy Phillips have been acting informally as the Fair Practices Officers. He said there had recently been some discussion concerning the investigation process and whether the FPOs should be appointed by the Council. There was also some discussion as to whether Marilyn Rivers would be an appropriate person to serve as an FPO. Page 3 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Mayor Kenneth Klotz said it was his recommendation that the FPOs be formally appointed by the Mayor and that it be so noted in the minutes. Therefore, he appointed Brad Birge, Cindy Phillips and Marilyn Rivers as FPOs. He explained that these individuals serve individually and do not act as a body. Commissioner Stephen Towne asked that when this policy was adopted, was there a follow up training program for employees. Mayor Kenneth Klotz said he was not sure. He said he would discuss this matter with Brad Birge and get back to Council members on this matter. Executive Session Mayor Kenneth Klotz said he had no need to request an executive session on property acquisition, however, Commissioner Thomas McTygue would like to request an executive session on personnel matters. Council members agreed. Sense of the Council -- Resolution (03-126) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to adopt the Resolution Declaring the City of Saratoga Springs Commitment to Labor Peace and Freedom of Choice in the Workplace as presented (Attachment A). Wolfgang Hammer, representing the Hotel, Motel and Restaurant Employees and Bartenders Union, Local 471, AFL-CIO, said there are between 2,200 and 2,600 members of that union working throughout the private sector in this City. He said this resolution would allow individuals the right to organize without interference. Ayes all. Building Permit Insurance Requirements B Zoning Amendment Tony Izzo, Assistant City Attorney, said this matter involves an amendment to the Zoning Ordinance concerning insurance requirements for building permits. He said Marilyn Rivers, Risk Manager, had done some research and made recommendations on updating this section of the ordinance. He said those recommendations need to be forwarded to the Planning Board for an advisory opinion and then returned to the Council for a public hearing. Marilyn Rivers said it was her recommendation to add a generic indemnification clause and to clarify the three tiers of insurance required. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to refer this zoning amendment request to the Planning Board for an advisory opinion and that a public hearing be set for August 19 at 6:55 p.m. Ayes all. Building Inspector Consultant Contract (03-127) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Jeremiah Healy, building inspector consultant as presented. Mayor Kenneth Klotz said for the last few summers the City has hired Jeremiah Healy as a summer consultant to help out with the overload of building permits. He said this contract was the same as in previous years. He noted that the money was within the budget to cover this cost. Commissioner Michael Lenz said he understood there was some discussion late today among City Hall staff on this matter. He said he would like the motion contingent upon review by the Risk Manager and NYMIR to ensure that the appropriate insurance coverage was provided. Page 4 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Mayor Kenneth Klotz moved to amend and Commissioner Thomas McTygue seconded to include in the motion that the signing of the contract would be contingent upon the review of the Risk Manager and NYMIR. Ayes all. Solomon Northup Day Mayor Kenneth Klotz reminded everyone that Solomon Northup Day would be held on Saturday, from 11:00 a.m. to 3:00 p.m. at the Urban Heritage Area. He said there will be a representative from the Smithsonian who will participate and record the events for a national production on black history. He encouraged everyone to attend. Youth Commission Parking Lot Lease -- NYRA Contract Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the contract between the City and NYRA for the Youth Commission Parking Lot in the amount of $2.00. Commissioner Stephen Towne noted that Marilyn Rivers had reviewed this contract and all was in order. Ayes all. Weibel Avenue B Niagara Mohawk Lease Agreement Extension Mayor Kenneth Klotz withdrew this item from discussion. ACCOUNTS DEPARTMENT Approval of City Council Minutes B July 1, 2003 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the July1, 2003, City Council minutes. Ayes all. Award of Bid B Weibel Avenue Co-Gen Field Service & Maintenance Ice Rink Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for Field Service & Maintenance for the Weibel Avenue Ice Rink Co-Generation Unit to Upstate Testing & Control Service for various prices (low bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. Award of Bid B City Center Authority B Sidewalk Repairs/Replacement Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for sidewalk repairs/replacement - special asphalt imprinting to Hayes Paving for a lump sum of $24,982 (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets the City >s purchasing guidelines. Ayes all. Award of Bid B City Center Authority B Parking Lot Guard Rail Up-Grade & Replacement Upon the recommendation of the City Center Authority, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for parking lot guard rail upgrade and replacement to Peter J. Gailor Landscaping & Excavating, Inc., for the lump sum of $18,750 (lowest acceptable bidder). This bid has been reviewed by the Purchasing Department and meets the City =s purchasing guidelines. Ayes all. The Land Trust of Saratoga Springs (03-128) Page 5 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Commissioner Stephen Towne said that pursuant to the Council=s request of June 10, the Planning Board reviewed the Land Trust of the Saratoga Region Property Rezoning at 27 Excelsior Springs Avenue for the proposed zoning map amendment from Urban Residential-1 to Neighborhood Commercial. He said the Planning Board issued a favorable advisory opinion on the proposed zoning map amendment (5-0) for the following reasons: 1. The proposed text and map amendments are not contrary to the general purpose 2. The proposed text amendments are in accord with the Comprehensive Plan which designated this area as both CDD (density between 0.0 and 0.5) and MDR-1 (densities of between 3.5 and 6.7 units per acre). The Board concluded that the site constraints (steep slopes, wetlands, flood plains, etc.) significantly limit the development potential of this property. 3. The Board reviewed other land use regulatory options that could be used to achieve the petitioner=s objectives but concluded that the Neighborhood Commercial District offered the best protection of the surrounding neighbors. Commissioner Stephen moved and Mayor Kenneth Klotz seconded for the issuance of negative SEQR declaration and for the adoption of the ordinance for the zoning map amendment. Ayes all. Special Livery Ordinance Commissioner Stephen Towne said as Council members may remember at the June 17 Council meeting, he announced the formation of the Special Livery Ordinance Committee to create an ordinance which regulates Aspecial livery services@ within the City of Saratoga Springs. He said that ordinance includes special livery services such as horse drawn carriages, pedicabs and antique cars. He said that committee had recently finished their work on the special livery ordinance. Therefore, he requested to set a public hearing for August 5 at 6:55 p.m. This public hearing will give City residents and Council members the opportunity to review and discuss the proposed ordinance. Alternative Water Source B Public Hearing (03-129) Commissioner Stephen Towne said since the last Council meeting and the release of the DEIS in January 2003, additional information has been and continues to be received, refined or clarified on new or existing alternative water source options. He said this information needs to be available for public review and comments. He noted that this includes additional information the County plan that has been submitted, information that will be generated from a meeting suggested by the county representatives where answers to questions raised in the January DEIS Section 89.8 (pages 293A through 293H) as well as information that is to be received, if not already from Amsterdam and Greenville, both of which were options. He said Doug Ward had noted in one of his pieces of correspondence that the City Council had authorized the consultants to look at those options further. Commissioner Stephen Towne, said as a result, he wanted to alter the motion that he previously made and would like to move that an SEIS (Supplemental Environmental Impact Statement) be prepared once all the information has been obtained; the public comment period be extended until such time as the document is revised; a public hearing be scheduled once the SEIS has been revised and made available to the public and involved agencies to review and raise any final comments/questions. He said these questions, comments and responses would then be included in the FEIS; and further that the cost associated with this document and other water source project costs, continue to be charged to the water line in the water fund budget consistent with all other costs related to this project subject to Council approval. Commissioner Michael Lenz seconded. The clerk asked for a second reading of the motion. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded that an SEIS be prepared once this information has been obtained. Mayor Kenneth Klotz asked what information. Commissioner Stephen Towne said this is information that will be coming both upon review and digestion of that of which the County has given us, responses to questions that will culminate from a meeting that they have proposed as well as information that will be in response to questions that are presently in the January 2003 DEIS. He said in addition there is information on the Amsterdam option which he did not Page 6 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 know if that had been received, but according to Rich Straut the information was to come either at the end of last week or this week and there is information coming relative to the Glenville option. Once that information had been obtained, the public comment period be extended until such time as when the document is revised and then schedule a public hearing that will enable the public and involved agencies to review and make final comments and raise any final questions relative to this SEIS. These questions, comments and responses will be included in the FEIS. Further, that the cost associated with this and other water source project costs, continue to be charged to the water line in the water fund budget consistent with all other costs related with this project that this Council approves. Commissioner Thomas McTygue said this was an attempt by Commissioner Stephen Towne to take over the management and control of the City water development procedures is in violation and the powers granted to the Commissioner of DPW under the City Charter. He said according to the City Charter, the Commissioner of DPW shall have the powers and duties to manage, supervise, control, construct, maintain water supply and treatment distribution centers throughout the City. He said he believed that this move by Commissioner Stephen Towne to take control of the administration of the water source development is an attempt to circumvent the authority granted to the Commissioner of DPW. He pointed out that all of the items pointed out by Commissioner Stephen Towne for additional review has already been submitted for public comment. The law says there needs to be 45 days for public comment and they City extended that to over six months. He said there was a request to extend it to August 7 which he agreed to. He said public comments and continue to be received by DPW for the DEIS but he refused, and he again said he did not believe that the Commissioner Stephen Towne had the authority to vote to take funds from the budgeted that has been established by DPW and he will refuse to sign the voucher. He said this is simply more delay on Commissioner Stephen Towne=s part. He said the Amsterdam information has been submitted to the City and is being reviewed by our engineers and attorneys and they cannot meet our water supply demand for the City. Commissioner Thomas McTygue said that all of the information required in connection with alternative sources has been submitted. He said that everything is here and this was more review of the same material. He said the City has gone above and beyond what was necessary. He said all of the questions posed by Commissioner Stephen Towne have been answered. He said the County document is weak and those questions to them have not been answered. He said they are now telling us we need to purchase four mgpd rather than three mgpd as was the initial proposal. He said the City does not use four mgpd in the off season. He said we would have to eliminate the Geyser Crest Well field, Bog Meadow and Loughberry Lake and then purchase all of our water from the County. He said everyone needs to understand that Commissioner Stephen Towne is again trying to disrupt this process. He said he would bring legal action against Commissioner Stephen Towne if he continues to proceed to make any attempt to deal with the funds to pay for this process. He said this is a waste of the City=s funds. Mayor Kenneth Klotz said the City=s charter has been in effect since 1915 and this is a direct violation of the duties of the Commissioner of DPW to manage, supervisor, control, construct and maintain the water distribution system. He said this was a direct violation, if the majority voted to do so, to take over his power and to alter the charter. He asked Jeff Wait if there would be any validity to the motion. Jeff Wait, City Attorney said there would not be any validity. He said he did not believe there was ever an attempt made by a majority vote of the Council to direct the expenditure of funds out of another department=s budget. He said a precedent would be set that a majority could make a motion to spend another=s budget. He said there is no question it would violate the charter. Commissioner Michael Lenz disagreed by reminding everyone that when there was a different majority there was an allocation of funds, from his budget, for the KPMG report which he did not vote for. He said the majority of the Council voted for that expenditure, so there is a precedent. He said this was not about taking control of the water, but rather whether an SEIS should be prepared. He said the Council is within their rights to request and SEIS. He said this was a matter of allocation of funds and it was not an attempt to take over any Commissioner=s responsibilities. Commissioner Stephen Towne said there were two issues -- financial and the water project itself. He then read from the amended resolution adopted by the Council in January 2003 noting that the record would be held Page 7 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 open for six months and that the Council could authorize additional hearings. He said this request for an SEIS, extension of the time period and an additional public hearing are all possibilities that had been included in the January 2003 resolution. He said that at this time, he had no idea of where the Council stood in this process. He said he had received no information from Rich Straut on either the Amsterdam or Glenville options. Commissioner Thomas McTygue said that Commissioner Stephen Towne was wrong on that matter. Commissioner Stephen Towne said in his most recent conversation with Rich Straut, it appears that the Amsterdam option may not be viable, however, the Glenville option they were waiting for more information. Commissioner Stephen Towne said this was a matter that the Council as a whole controls. He said he did not believe that he was overstepping his bounds. Commissioner Stephen Towne said in respect to the financial situation, the Council manages the City=s money. He reminded Council members that expenditures, transfers, budget amendments, awards of bid, etc., are not made without Council approval. He said he believed he was operating within the bounds of the charter. Mayor Kenneth Klotz said the Council is the lead agency on this matter and the Council had the right to extend the comment period. He said he disagreed that was desirable though and would not support the motion. He said he objected to the use of funds from the water budget to cover this cost on the grounds that it is a violation of the charter. He said this was a waste and it was very expensive. Commissioner Stephen Towne said the media had asked him what was the cost of a public hearing. He said he had no information on that because that cost had not been shared with the Council. He said there was a statement attributed to DPW that the cost was between $1,500 and $2,000 for a public hearing. He said Commissioner Thomas McTygue=s statement that he had raised many questions was true and he further noted that Commissioner Thomas McTygue had not impeded him in any way in trying to obtain those answers. However, he noted that changed today, with the telephone call from Doug Ward, attorney. He said Doug Ward informed him that he was not to provide any more assistance to him. He said at the last meeting Commissioner Thomas McTygue made a statement that he had cost the City hundreds of thousands of dollars. He said he is sensitive to the financial aspects of this project and did not believe there had been hundreds of thousands of dollars expended on his requests. Commissioner Thomas McTygue said Commissioner Stephen Towne has taken no initiative to have a meeting with him on this topic. He said all of the items brought forth by Commissioner Stephen Towne have all been addressed. He said Commissioner Stephen Towne could have all of the public hearings and ask for all of the information he wanted, but there was a process to follow. He said he went along with the previous extension of time but he would not go along with reviewing all of the same information again. He said public comments are still being received and he is still meeting with various groups and organizations. He also said that neither of the supervisors had requested a meeting with him on this matter. He said the last piece of correspondence from the County now asks that the City commit to four mgpd rather than three mgpd. He said the City does not need four mgpd of treated water every day. He said he was interested in protecting the rate payers in this City. Commissioner Stephen Towne said he did not appreciate Commissioner Thomas McTygue cutting him off from access to Doug Ward. Commissioner Thomas McTygue said he is the person to guide this process and he was sure that Commissioner Stephen Towne would appreciate him discussing certiorari matters with Commissioner Stephen Towne=s attorneys. He said Commissioner Stephen Towne has been dragging the consultants and attorneys in another direction. Commissioner Stephen Towne said the questions he asked both Doug Ward and Rich Straut are good, relevant questions and he was not wasting their time. He said he wanted to understand all of the options. He agreed he had not requested a meeting with Commissioner Thomas McTygue, but neither had Commissioner Thomas McTygue requested a meeting with him. He also said that he would be delighted if the Council was to ask all of the same questions of the County. Commissioner Thomas McTygue suggested a workshop. Commissioner Stephen Towne suggested a list of questions be sent to the consultants and the County and then a workshop be scheduled. Commissioner Page 8 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Thomas McTygue said there are a number of questions that the County has not yet answered. Commissioner Stephen Towne agreed to send his list of questions to Commissioner Thomas McTygue before the workshop. Commissioner Thomas McTygue said the consultants would review those issues and discuss them at the workshop Commissioner Stephen Towne said he believed he was the only Commissioner who had gotten the transcript of the public hearing. Commissioner Thomas McTygue said there are still a number of questions that are being answered, however, every issue will be addressed. Bill McTygue, Director, Utilities said it was important to note that the consultants have been instructed to address all of the issues including the Amsterdam and Glenville proposals. He said they were awaiting information from both of those communities. He said the County=s latest proposal including the Malcolm Pirnie report is also being reviewed by their consultants. He said those proposals as well as all of the comments during the public comment period are being addressed. He said there is a considerable amount of work to be done before their consultants can incorporate all of this information in the FEIS. He said they have been instructed by Doug Ward that until the SEQR process is complete the Council should not make any decisions on a future water source. He also stated that at no time had a directive been issued to Doug Ward or Rich Straut to not perform any work relative to the water matter requested by a Council members. He said though that anything that takes them off of the established track is something they will not support or fund. Commissioner Stephen Towne said until today, he had received all of the assistance he had asked for from the consultants. He said there have been a number of items that he had been discussing with Doug Ward anduntil today, he had gotten answers. He said Doug Ward informed him that Commissioner Thomas McTygue was the project administrator on this project and he was instructed to not assist Commissioner Stephen Towne on this matter. Mayor Kenneth Klotz said he would be glad to schedule a workshop but he was not pleased that this process could go on forever with delays such as this. He said the Council has spent enough time on this matter. Commissioner Stephen Towne said that was a valid concern, but through the analysis there was still more information to be reviewed including the County plan and the Amsterdam and Glenville options. Commissioner Stephen Towne said the critical component at this time was the SEIS. He said the SEIS would have nearly the same requirements as the DEIS in that there would be a public comment period, it would require responses and then it would be included in the FEIS. He said if we go directly to the FEIS the process is limited to only ten days for public comments and there is no requirement that responses be made to those comments. He said he wanted to be sure that the public has the maximum amount of information, comment period, etc. Commissioner Thomas McTygue said this is simply a repeat of what has already been done. He suggested that Commissioner Stephen Towne forward his questions to him and he would see that they are in turn forwarded to the consultant. He said if the City pipes the water from Amsterdam, we will have to pay for the pipe and then pay for the water. He said we could pipe the water from the upper Hudson, pay for the pipe but not pay for the water. Commissioner Stephen Towne said those are exactly the facts that need to be disclosed. Commissioner Thomas McTygue said a DEIS would then need to be done for that alternative. Commissioner Stephen Towne said this was another reason to have an SEIS. He said there was a meeting in April where he believed, upon leaving that meeting, that Amsterdam may not be an option but then Rich Straut said it should be reviewed because their may be some merit to the proposal. He asked what happened between then and now to change that thought. Commissioner Thomas Curley said he would like to see answers to the questions on the Amsterdam alternative. Mayor Kenneth Klotz said there could be thousands of options. Commissioner Thomas Curley said that was true, but the existing options need to be reviewed. He said it was important to have a position on this matter that would limit the challenges by outside groups. He said Doug Ward has continually instructed the Council to look at all of the options and follow the process. Page 9 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Commissioner Thomas McTygue again said he would not sign any vouchers and that Commissioner Stephen Towne would hear from his attorney. He said what goes around, comes around. Roll call vote: Commissioner Stephen Towne Aye Commissioner Michael Lenz Aye Commissioner Thomas McTygue Nay Commissioner Thomas Curley Aye Mayor Kenneth Klotz Nay Motion carried. Assessment Matters Commissioner Stephen Towne reviewed with Council members assessment matters including grievance day on July 8. He said the summary of our tentative tax roll was filed June 1. He said it is against this tentative tax roll that individuals are informed of their assessed value and from which those numbers that they believe their assessment lacks equity and fairness. He said the equalization rate continues to drop from 93.77 percent in 2001 to 88.06 percent in 2002 and now down to 78 percent in 2003. He said on grievance day this year there were a total of 11 residential property owners grieving; 11 commercial properties grieving and 9 property owners made an appearance. He said the assessment dollars on the parcels grieved was $93,052,045 and the assessment level requested was $41,511,138. He said a few of the larger property owners were Niagara Mohawk, Verizon, the Ames Shopping Plaza, Price Chopper Route 50, Saratoga National Gold Course, Quadgraphics, Fleet Bank and Saratoga Realty. Roberts Rules of Order Commissioner Stephen Towne said since he had been on the Council, he had been interested in the protocol on how meetings should be run. He said the Council has operated under a standard format, however, the group as a whole has not always acted admirably. He said he recently circulated a memo to Council members on the possibility of obtaining some training on Roberts Rules of Order. He said Roberts Rules is a time tested parliamentary procedure on how to conduct a meeting. He said there had also been some interested expressed on this subject by both Commissioners Lenz and Curley. He said he received a memo from Mayor Kenneth Klotz stating that the City Attorney is the parliamentarian. Commissioner Stephen Towne said he had asked Tony Izzo to do some research on this matter and Tony Izzo could not find an occasion where the Council had formally adopted Roberts Rules of Order. He said the Council has consulted with Roberts Rules and the City Attorney for direction. Commissioner Stephen Towne said a legislative body is empowered to determine what rules it will follow and how it will conduct its business. He said he believed that following Roberts Rules of Order would be useful for the Council. Therefore, Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded that the Council adopt Roberts Rules of Order as its procedural rules, to the extent that Roberts Rules of Order is not inconsistent with other specific procedural rules as may be adopted by the council from time to time. Mayor Kenneth Klotz said that Roberts Rules of Order is typically applied to large parliaments and colleges. He said he finds that Roberts Rules are cumbersome and not suitable for small legislative bodies. He said over the years, the Council has conducted itself using common sense to bring items forth to the table for discussion. He said he believed the Council currently operates in violation of Roberts Rules of Order and it would be ill-advised to follow archaic and technical details such as those in Roberts Rules of Order. He said the charter provides for the Mayor to preside at Council meetings. Commissioner Stephen Towne said his motion allowed for some flexibility. Commissioner Thomas McTygue said Commissioner Stephen Towne=s memo was to allow for training and a Page 10 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 workshop for Roberts Rules of Order, but now Commissioner Stephen Towne was moving directly into adopting those rules. Edward Dweck SLIPD, from the audience, said there is another company that offers rules for conducting business. He agreed that Roberts Rules of Order are somewhat archaic. Commissioner Stephen Towne said he was concerned with the way the Council has been operating as of late. He said there needs to be some set of procedures rather than the way business has been conducted. He said it would serve the City well to have some accepted, recognized set of procedures to follow and he was willing to discuss the matter. Commissioner Thomas McTygue pointed out that the City just underwent a charter revision. He said this motion was a surprise to him. Commissioner Stephen Towne said he was not wedded to Roberts Rules of Order and he was willing to do a little more research and come back to the Council. He said if there were other options available, he was willing to look at them. Commissioner Thomas Curley suggested that a workshop on Roberts Rules or Order be held so that Council members could be fully aware of how it may affect Council meetings. Commissioner Stephen Towne and Commissioner Michael Lenz agreed to withdraw the motion . FINANCE DEPARTMENT Payroll -- Approval Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: July 2, 2003 -- $432,368.17 and July 10, 2003 B $380,245.46. Ayes all. Warrants -- Approval Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2JULY03- -- Warrant 2-30 General Fund $ 292,101.62 City Center Authority 4,039.51 Water Fund 59,357.72 Sewer Fund 3,803.68 Capital Project 33,319.09 Special Assessment District 9,080.89 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 10,114.93 $ 411,817.44 MC030709 - Warrant 2-7 General Fund $ 57,996.07 City Center Authority -0- Water Fund 23,264.30 Sewer Fund 1,004.26 Page 11 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 82,264.63 Ayes all. Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment B). Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment C). Ayes all. Firework Donation B Approve Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to accept the $100 donation for the fireworks display from Menges & Curtis. Ayes all. Standard Workday Resolution B Deputy Commissioner of Public Safety (03-130) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the standard workday resolution for Deputy Commissioner Erin Dreyer. Ayes all. June 30, 2003 Financial Report Commissioner Michael Lenz distributed the June 30 financial report. Deputy Commissioner Christine Gillmett- Brown reviewed the second quarter revenues. She noted there were some items where the revenues were not at the 50 percent level yet, however, noted that some of that was due to timing. She said it was likely that they would pick up though. She pointed out that interest on investments was down and continues to decrease. Deputy Commissioner Christine Gillmett-Brown then reviewed expenditures, noting that the Mayor=s department was the only was which was slightly ahead of the 50 percent level. She explained that they were slightly ahead though because of one time payments that must be made at the beginning of the year. Commissioner Stephen Towne noted that the water and sewer budgets had not yet been charged their shareof the insurance premiums as was so directed during the budget meetings. DEPARTMENT OF PUBLIC WORKS Paving Schedule Commissioner Thomas McTygue announced the following paving schedule: July 14 mill Beekman Street July 15 pave Beekman Street, pave Fowler Lane July 16 pave Oak Street, pave Walnut Street July 17 pave Franklin Street, pave Carriage House Lane July 21 mill Caroline Street; July 22 pave Caroline Street Page 12 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Water Discussion Commissioner Thomas McTygue said he will ask the consultant to come to the workshop meeting which will be scheduled next week. He then informed Council members that he recently received a letter from the NYS Department of Health (Attachment D)which states that they believe that the use of ASaratoga Lake as an additional water supply source to the City=s existing sources, is a viable solution to the City=s long term and emergency source needs.@ He said the letter goes on to say, AWith respect to recreational use restrictions, we see no need for special restrictions beyond the current requirements imposed on the Lake, except in the immediate area of the intake, where swimming should be prohibited and the anchoring of boats should be restricted.@ He said the letter also says that additional sampling should be conducted over an entire summer and that water sample information will be included in the DEIS. Commissioner Thomas McTygue reminded everyone that Lake George is used as a water source as well as Lake Placid and there were no needs for restrictions on those lakes. Commissioner Thomas McTygue said more water flows through Fish Creek each day than would be drawn from the lake. He said the City will draw minimally from the lake. He said there is more than an adequate supply of water in the lake so that it will be minimally impacted. Downtown Crosswalks B Pedestrian Safety Commissioner Thomas McTygue said he recently visited other communities where they have pedestrian crossing structures in the roadways in the crosswalks. He said he was willing to purchase and install these structures but wanted to work with DPS on replacements. He said these structures would slow traffic down along Broadway. Commissioner Thomas Curley said he was willing to work with DPW on this matter also. He reminded everyone that DPS had done quite a bit in the way of pedestrian improvements. He said they have done additional markings on the roadways and installed new traffic signals and crossing signals. He said last year there were 21 pedestrian accidents, 6 occurred in parking lots and the remaining 15 were accidents ( 2 were crime related, 6 were Aj walkers@, 3 were pedestrians crossing against the signal and 1 was from walking in the roadway, etc.) He said generally speaking it was the pedestrian=s fault. Commissioner Thomas McTygue said the addition of the stop signs at Spring and Putnam Street were a big help in slowing down traffic in that area. Approval for Mayor to sign curb work contracts and sidewalk contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contracts for curb/sidewalk work at 3 Buff Road and 58 Court Street. He said that checks in the amounts of $600 and $900 respectively had been received. Ayes all. Commissioner Thomas McTygue also moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract with 330 Caroline Street for sidewalks near the school. He said this is a joint venture between the City and the property owner. Ayes all. Approval to Use Money from Ice Rink Capital Account Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the use of money from the Ice Rink Capital Account for the rehabilitation of the methane gas project on Weibel Avenue to Methane Energy Corporation in an amount not to exceed $12,500. Bill McTygue said there needs to be some modifications to the gas collection system at the old landfill to the pipe line that goes from the landfill to the Co-Gen. He said this will be an upgrade for the pipe system. He said this will allow for reconstruction of a new system to collect the gas that naturally comes off of the old landfill. Page 13 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 Commissioner Michael Lenz asked if the co-gen system is currently working. Bill McTygue said it had been down for various reasons. He said it was not uncommon for the system to be down. He said at this time there are different methodologies available and the system can be updated to be more efficient. Commissioner Michael Lenz asked if the original company was still on board with this project. Bill McTygue said Clough Harbour designed the system and we have had significant success. He said since 1997 the system has operated for 26,136 hours to produce 74.2 million cubic feet of gas and 4.3 million kilowatts. He said when the system is operating at its peak, it produces a cost savings to the City. He said though because of the severe weather conditions this past winter the system was down toward the end of the season. Mayor Kenneth Klotz said it was his recollection that this system was cutting edge technology when it was constructed. Commissioner Thomas McTygue said that was true. He said over the years there have been many more scientific and technological advances and it was time to update the system. He also reminded Council members that this was mandated from the state. He said the City either needed to burn off or collect the gas. He said the City chose to collect the gas and create the energy to ice project. Commissioner Thomas McTygue said now over the years as the landfill begins to condense the pipes are bending and the gas collection is being trapped in the pipes. Commissioner Stephen Towne asked how long the system had been down and where was the gas going if it was not going to the energy to ice project. Bill McTygue said when the system is operating the gas goes to the co-gen which powers the rink. He said the rink remains operating when the system is down. He said due to the extreme freezing and the suspected accumulation of condensation in the pipes the contractor is recommending a new collection system. He said that was the reason for the extra piping work they are proposing. He said there is a grant opportunity for the City and he had taken steps to apply to DEC for that grant. Commissioner Michael Lenz asked if there were any safety concerns with the gas building up in the pipes. Bill McTygue said there is no problem with the amount of gas but rather that the blower system needs to be made stronger. Ayes all. Siro=s Canopy Commissioner Thomas McTygue removed this item from his agenda. DEPARTMENT OF PUBLIC SAFETY Swearing in B Police Chief Previously done. SUPERVISORS Water Phil Klein said it was his understanding that the Chair of the County Water Committee sent each member of the Council a copy of an agreement to purchase water. He said the County plan does not require any capital expenses or borrowing costs for the City but rather the City would simply be a Apay-as-you-go@ customer. He said the County plan offers a guaranteed maximum water rate of $1.95 per thousand gallons of water. He said the average family uses about 74,000 gallons of water per year which would translate to an annual bill of about $150 plus the distribution costs of DPW. He said if there were cost overruns or extensive legal expenses, it would be the County=s problem. He noted the County promises that the City will never pay more than any other customer of the system. He said the County would provide water from the Upper Hudson rather than Saratoga Lake because that source is more plentiful, easier to treat and more safe from natural disaster or Page 14 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 terrorist attack. He said it would also eliminate the possible restriction of recreational activities on Saratoga Lake. He said the County option would likely be completed long before the City could get its water system working. Phil Klein noted that if litigation expenses drive up the cost of the Saratoga Lake option, the difference in price will narrow and probably be eliminated altogether. He said if that happens, the only advantage to the City would be the Acontrolling our own destiny@ argument. Phil Klein said much had been made of the County not answering questions asked in the City=s DEIS. He said the majority of the questions related to financing. He said some of the questions are as follows: 1. Would the County borrow money to complete its project. Phil Klein said he could not conceive of completing a project of this magnitude without borrowing. 2. Would debt repayments, operation and maintenance of the system be fully paid for by the water rates? Phil Klein said that was the plan. 3. What guarantees would the county provide to the bank or bondholders? Phil Klein said that the County would use their financial strength to guarantee the loan. 4. What grants does the County have to help reduce the local costs of the project? Phil Klein said the County had already received $900,000 in federal grants from Congressman Sweeney and he has made the countywide water system his top priority on the House Appropriations Committee. 5. What grants will the County pursue? Phil Klein said the County has been in close contact with Congressman Sweeney and Senate Majority Leader Joe Bruno and both leaders support a regional approach to water. 6. Would the City be required to financially guarantee the purchase of specific amounts of water each year. Phil Klein said of course. He said the County was looking for a guarantee of four mgpd. Phil Klein said if Council members have additional questions, they could forward them onto Commissioner Thomas McTygue and he in turn could forward them to the County. Mayor Kenneth Klotz said there was a discrepancy in the letter from Ray Callanan, Saratoga County, on the time frame of five or ten years and the cost in connection with the debt service. He said he was also concerned with the amount of Aout clauses@ in the contract for the County. He said one of the clauses states that if there are not enough customers, there is not contract. Phil Klein said he believed every question the City had could be answered. He suggested those questions be given to Commissioner Thomas McTygue so he would forward them to the County. Commissioner Thomas McTygue said he submitted questions three months ago. Commissioner Thomas McTygue said he did not understand why the City had to now commit to four mgpd when Clifton Park is required to commit to only one mgpd. He said he did not believe the County could or would pay for this project with County funds when it would not benefit the entire county. He reminded everyone that the City=s sewer bills went up over 53 percent over the last two years. He said the County is paying for a new landfill that is not even open. He said the City cannot guarantee to purchase four mgpd when we don=t pump that amount of water in the off season. Phil Klein again said all questions should be given to Commissioner Thomas McTygue and he in turn can forward them to the County. EXECUTIVE SESSION Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:35 p.m. Ayes all. Council members returned at 10:10 p.m. and reported that no action was taken. Page 15 of 16 City of Saratoga Springs City Council meeting minutes Tuesday, July 15, 2003 ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to adjourn the meeting at 10:10 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 10:10 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16