City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JANUARY 20, 2004 6:55 P.M. PRESENT: Commissioner Thomas Curley, DPS Commissioner Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Alicia Wardell, Deputy Mayor Matthew Dorsey, City Attorney PUBLIC HEARING Tony Izzo said this is a proposal to amend Chapter 225 of the Code of the City of Saratoga Springs entitled Vehicle and Traffic. He said this amendment would prohibit parking in three parking lots during the hours of 3:00 a.m. to 7:00 a.m. He said those parking lots were located on Lake Avenue & Grove Street; Phila Street & Caroline Street and the upper level of the parking structure. He said this would be effective between November 1 and April 1. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz said before he opened the public comment period he wanted to review the proposed guidelines. He said he would be proposing the following guidelines for the public comment period: 1. Public shall be allowed to speak only during the public comment period of the meeting or at such time as a majority of the Council shall allow. 2. Speakers must step to the microphone and must give their name, address, and organization if any. 3. Speakers must be recognized by the Mayor or presiding officer. 4. Speakers must limit their remarks to three minutes on a given topic. 5. Speakers may not yield any remaining time they may have to another speaker and each speaker has only one opportunity per meeting to speak. Page 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 6. A total of 15 minutes shall be allotted at the beginning of each Council meeting for the public comment period. If more time is needed, time will be provided to those still wishing to speakat the end of the Council meeting. 7. All remarks shall be addressed to the Council as a body, not solely to any member thereof. 8. Speakers shall observe the commonly accepted rules of courtesy, decorum and good taste. 9. No Council member, other than the Mayor or presiding officer, shall interrupt the speaker during their remarks. 10. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council or while any other persons addressing the Council or while the Council meeting is in session, shall be forthwith, by the presiding officer, barred from further audience before the City Council. He said the Council will discuss these guidelines this evening and asked everyone to keep this in mind during the public comment period. He said the public comment period was meant for the public to make comments to the Council and not presentations. He said if an individual wanted to make a presentation, they should talk to a Council member and be placed on one of their agendas. He said he would be holding the public to the three minute time period this evening. Dr. Janette Bruno, Commissioner, SLIPD, 7 East Cove Road, Saratoga Springs, said two weeks ago, she made a presentation to the Council on the Chazen Companies’ overview of the DEIS. She said at that time the Council invited her to set up a meeting between SLIPD and the City to discuss their findings. She said since then, she had spoken to William McTygue and he informed her that DPW was no longer interested in meeting with them. She said this is a very confusing situation with a lot of conflicting information and conclusions. She extended the offer for SLIPD to meet with the City to discuss their findings. Commissioner Thomas McTygue asked specifically where she lived. Janette Bruno said her mailing address is Saratoga Springs, however, she resided in the Town of Stillwater. William Connolly, 36 Stockholm Road, said he would prefer to get on a Commissioner’s agenda to make his presentation. He said he wanted to speak to the Council on the proposed watershed and its impact. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. DEPARTMENT OF PUBLIC SAFETY Swearing in of four new Police Officers Commissioner Thomas Curley swore in four new police officers: Meghan Ennis, Lloyd Davis, Shane Crooks and Dan Mullen, Jr. He said it was a great honor to swear in these new officers. He said these four individuals bring a great deal of honor and commitment to the community. He said he was proud to appoint them and wished them well in their long careers with the City. MAYOR Rules of Conduct Mayor Michael Lenz said there were four categories in the draft rules of conduct: agenda, guidelines for public comment period, general rules of procedures and conduct. He said he had spoken to all Council members individually on this draft and he hoped to gain some consensus this evening so that it could be brought back to the February 5 Council meeting for a vote. Agenda: 1. Council will hold agenda meetings at 5:00 p.m. the Monday prior to Council meetings. 2. Purpose of Agenda Meeting: Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 a) clarify and confirm actions being proposed; b) ensure that adequate information will be submitted to the Council for review prior to the Tuesday Council meeting; c) standardize basic steps needed prior to action, e.g., review by the City Attorney, Risk Manager, Labor Attorney, etc., as well as provide information on cost, timing, budget, impact, etc. Mayor Michael Lenz said he believed the agenda meetings could be kept to a minimum of less than 2 hour. He said, ideally, Council members would be present; however, if unable to attend, a designee would be acceptable. Commissioner Thomas McTygue said he had no objection to the agenda meeting, however, suggested that it be held during the day when staff is available. He said that way, questions could be answered. It was agreed that a time during the day would be found. Commissioner Stephen Towne suggested it be near the lunch hour. Guidelines for public comment period: 1. Public shall be allowed to speak only during the public comment period of the meeting or at such time as a majority of the Council shall allow. 2. Speakers must step to the microphone and must give their name, address, and organization if any. 3. Speakers must be recognized by the Mayor or presiding officer. 4. Speakers must limit their remarks to three minutes on a given topic. 5. Speakers may not yield any remaining time they may have to another speaker and each speaker has only one opportunity per meeting to speak. 6. A total of 15 minutes shall be allotted at the beginning of each Council meeting for public comment period. If more time is needed, time will be provided to those still wishing to speakat the end of the Council meeting. 7. All remarks shall be addressed to the Council as a body, not solely to any member thereof 8. Speakers shall observe the commonly accepted rules of courtesy, decorum and good taste. 9. No Council member, other than the Mayor or presiding officer, shall interrupt the speaker during their remarks. Mayor Michael Lenz said the public comment period is one of the items included in the new charter. He said this changes from the existing privilege of the floor allowed by the Council. He said under the privilege of the floor, a speaker needed to seek approval from a Commissioner, the item must have been related to a topic on the agenda and then the speaker could be placed on the agenda. He said the public comment period allows for an individual to address the Council on any matter allowing for a more transparent process. He said, though, the Council did not want a public comment period without control. He said he was proposing a three minute time period to keep everyone focused. He said he also did not want the public making presentations during this period and he wanted everyone to conduct himself or herself with a certain level of decorum. He said the public wanted assurance that they could speak and that a Council member would not question or challenge them. Commissioner Thomas McTygue said he had some concern with the speaker’s ability to make statements that could be false. He said the Council should have the opportunity to clarify misstatements. He said that perhaps the false statements could be corrected on the appropriate Council member’s agenda. Mayor Michael Lenz said he would review that suggestion. Commissioner Stephen Towne said he would rather, on a trial basis, simply limit the speaker to the three minutes and 15 minutes as a whole, with no give and take conversations between the speaker and the Council. Commissioner Thomas Curley suggested that Council members respond at the end of the public comment Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 period. Commissioner Matthew McCabe said there should be some indication to the speaker that at some point there could be a response. He said there could be times when the Council may want to respond. General Rules of Procedure: 1. The Mayor shall preside at Council meetings. If the Mayor is not present, the acting chairperson shall preside as determined by the City Charter. 2. Before making motions and speaking, the Council member must be recognized by the chairperson. 3. Members of the Council shall address one another by the proper title, either Commissioner, Mayor or Supervisor. 4. A Council member, once recognized, shall not be interrupted when speaking, unless to be called out of order. If a member, while speaking, is called out of order, that Council member shall cease speaking until the question of order is determined; and, if in order, shall be permitted to proceed. 5. Motions to close or limit debate may be entertained but shall require a 4/5 vote of the Council. Conduct: 1. Council members: While the Council is in session the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any member while speaking, or refuse to obey the orders of the Council or its presiding officer. 2. By persons: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council, or while any other person is addressing the Council or while the Council meeting is in session, shall be forthwith, by the presiding officer, barred from further audience before the City Council. Michael Lenz said he wanted to be sure that the comments would be limited to the motion or the discussion on the table. He said he did not want Council members to feel that they did not have the ability to speak, but wanted to maintain a normal course flow of information. He said the chair should identify the person wishing to speak and other Council members should not interject Mayor Michael Lenz asked that Council members review this draft. He said he would incorporate minor changes and bring this back to the Council at the next meeting. SAD Appointments(04-015) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the appointment of the following individuals to the Special Assessment District Board: Harvey Fox, term expiration 2008 Jim Grande, term expiration 2005 Cindy Hollowood, term expiration 2006 Ed Lenz, term expiration, 2007 Tim Mabee, term expiration 2007 Ray Morris, term expiration 2005 Tom Roohan, term expiration 2006 Mike Ingersoll, term expiration 2008 new appointment Kathy Smith, term expiration 2008, new appointment Ayes all. Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Board of Assessment Review Appointment(04-016) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the appointment of L. Clifford VanWagner to the Board of Assessment review with a five-year term. Ayes all. State of the City Address Mayor Michael Lenz announced the State of the City Address would be held on January 31 at noon in the Music Hall. He said he was gathering information from Council members to be included in that address. Proclamation B Jaycee Week Mayor Michael Lenz proclaimed January 18-24 as Jaycee week in the City of Saratoga Springs and presented their president, David Stern, with a proclamation. David Stern accepted the proclamation and thanked the Mayor for designating this week Jaycee week. Presentation on survey and article from the Business Review Mark Baker, President DBA, said there recently was a survey and article in the Business Review, which listed the City of Saratoga Springs first for its downtown and activities. He referred to the recent Victorian Streetwalk with about 15,000 attendees. He said that event continues to grow and is a great success. He said that through working with the Council on funding this event, they have found new revenue sources. He said they were able to cut their costs as well as create new revenue streams through sponsorships and donations. He said new money to this event exceeded $6,500. He also thanked the Department of Public Safety for their assistance in coordinating the safety-related issues. He said they plan to work closely with Commissioner Thomas Curley next year in closing off Broadway during the event. Mark Baker said the very successful program of the downtown business gift certificates has grown considerably since its beginning. He said this year, they sold more than $160,000 in gift certificates and the total cumulative value of gift certificates sold since its inception was near $600,000. He said this is a self- administered program with the assistance of the Adirondack Trust Company. Mark Baker said the Business Review article was good news for the City. He said the January issue carried the results of a readers’ poll which showed Saratoga Springs receiving the highest rating of all surrounding communities. He said the City received a rating of 94 percent in favor of our downtown. He said much of the success is due to the Chamber of Commerce, DBA, SAD and the small businesses. He said the small businesses in this community are what the people come for. He said the DBA appreciates the efforts of the City and the community in making Saratoga Springs a success story. He then invited Council members to attend their next meeting on January 21, at 6:30 p.m. at the Prime Hotel. He said that guest speakers would be Mayor Michael Lenz and Commissioner Matthew McCabe. Mayor Michael Lenz thanked Mark Baker for this presentation. Presentation on Gideon Putnam Burying Ground Property Carrie Woerner, Executive Director SSPF, said she was here this evening to inform Council members that the Gideon Putnam Burying Ground had been officially placed on the National Register of Historic Places. She said this project has been underway for several years and due to the efforts of Senator Bruno and local organizations they were able to obtain this nomination. She said in April there would be an official ceremony and she invited Council members to attend. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Executive Session Mayor Michael Lenz requested an executive session to discuss land acquisition. ACCOUNTS DEPARTMENT Approval of January 1, 2004, meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the January 1, 2004, meeting minutes. Ayes all. Approval of January 6, 2004, meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the January 6, 2004, meeting minutes. Ayes all. Rescind Bid B Sale of Used Vehicles Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to rescind the bid for the sale of used vehicles to Parillo Services, Hagaman, NY for item #4. Ayes all. Empire Zones B Announce Commissioner Stephen Towne said the City had received notification from SEDC that the City’s requests for boundary amendments had been approved and was retroactive to June 2003. He reminded Council members that the Council took two actions which identified nearly 80 acres for the empire zones. He said those lands were identified with the help of the comprehensive plan and the special development areas. Commissioner Stephen Towne said the Empire Zone program had received notoriety in recent months and more recently in the Governor’s state of the state address noting that the program would be extended. He said Ken Green and Shelby Schneider, SEDC, were here this evening to discuss the Empire Zone program and its impacts to the City. Ken Green thanked the Council for their support of this program. He said it was important to note that the program and the impacts of the program are borne solely by the State of New York. He said this program allows for incentives for projects if they create new jobs and capital investments/improvements to the community. He said the Council should be commended in identifying these areas. He said it was difficult to find developers willing to invest in the “brown field” areas. He said the governor noted in his recent state of the state address that the program would be extended past the July 4 deadline. Shelby Schneider said that as part of the Empire Zone boundary revision program, higher standards for businesses and higher thresholds for businesses to qualify for the program have been established. She said under the modifications, the businesses will need to create at least 300 new jobs and the project needs to be in brown fields or parcels with some type of contamination. She said this could include parcels such at the Saratoga Technology Accelerator area or the Grande Industrial Park. She said when the City made its original application they took a bold approach in including vacant industrial areas and the superfund sites. She said there have been successes with the Saratoga Technology Accelerator project and they have been awarded Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 NYS tax credits. Commissioner Stephen Towne asked when the City might know if this program will continue after the June deadline. Ken Green said it was tied to the state budget process and he hoped to know before July. Commissioner Stephen Towne said assuming its continuation when would the next round of identification of parcels begin. Ken Green said they planned to have another revision some time later this year. He said they hoped to begin in September and end in December. He said there would also be a review of the guidelines for this program by the Empire Zone Administration Board. Mayor Michael Lenz said both Ken Green and Shelby Schneider had worked very hard on this program and he thanked them for their assistance. Voting Site Accessibility Commissioner Stephen Towne said at the December 2 Council meeting, Barb Thomas presented the findings of the League of Women voters regarding their review of voting sites during the last election that may have accessibility issues. He said a subsequent Council meeting, he indicated his desire to work with the League of Women voters to review the circumstances and to make the necessary adjustments required to minimize or eliminate any future issues. He said tonight he would like to announce that his department completed that review in conjunction with Barb Thomas, League of Women Voters, and Teena Willard from the Saratoga County Options for Independent Living and asked that Deputy Commissioner Debbie Harper present those results. Debbie Harper reviewed the polling locations noting that the City has 25 voting districts at 16 locations. She said that at 5 of those locations there needed to be some minor adjustments. She said on January 12, Teena Willard, SCOIL, Barbara Thomas, League of Women Voters and she went to the locations that had been identified by the League of Women Voters as having handicapped accessibility issues. She then reviewed those findings: Caroline Street/Division Street/Geyser Road Schools: She said there are sufficient parking spaces and there is a least one 8 foot wide access aisle. There is also at least one accessible pathway and doorway for handicapped accessibility. She said there was a consistent minor finding in that one entrance door was locked. She noted, however, that could be fixed by having both doors unlocked on voting days. High School: She said additional signage may be required. Senior Center: Debbie Harper reported that on the day of their visit all of the lighting was working. Saratoga Springs Housing Authority/Casino: Debbie Harper reported that the lighting at the Housing Authority was working on the day of their visit. Presbyterian Church: She said an 8 foot wide access aisle does not exist but they are looking into the matter. Interlaken: Debbie Harper said there were several issues at Interlaken. She said the shrubs will be trimmed, the sloped threshold will be installed, signage will be improved and designated handicapped parking spaces will be identified. Abundant Life Church: Debbie Harper reported that the sloped threshold will be installed and signage for handicapped parking will be improved. Debbie Harper noted that all of the above locations met the four criteria of: a) sufficient designated parking spaces; b) at least one eight foot wide access aisle; c) at least one accessible pathway from the parking area Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 to the man entrance; and d) a doorway exists that is easy to use, at least 32 inches wide and is accessible from a ramp that does not exceed the require grade. Debbie Harper said the League of Women Voters, has identified the possibility of funding for voting related issues such as these. She also thanked Teena Willard for taking her time to visit each of these sites. She said she would continue to work with Teena Willard on meeting handicapped accessibility compliance. She said it was good to find that the issues were minor and able to be fixed economically. Debbie Harper also informed Council members that under the America Vote Act, there may be funding available to purchase fully accessible voting machines. Commissioner Stephen Towne said it was good to learn that of the 25 polling districts, 19 were in compliance. He said the City has included funding in the capital budget this year to purchase the voting machines and he hoped that those funds would continue to be included in future capital budgets. He said he would also work with Congressman Sweeney’s office on possible funding for such purchases. Mayor Michael Lenz asked how many machines might the $25,000 buy. Commissioner Stephen Towne said three or four. Executive Session Commissioner Stephen Towne requested an executive session to discuss certiorari matters. Council members agreed. Records Management Grant Application(04-107) Commissioner Stephen Towne said he would like to request Council approval for the Mayor to sign two grant applications for non-matching funds from the New York State Department of Education Local Government Records Management Improvement Fund. He explained that one of the grant proposals is for a file management project in the Civil Service Office and the other proposal is for preservation microfilming of the birth, death and marriage records and a desk top microfilm reader/printer. The deadline for submission of the applications is February 2, 2004. Nancy Wagner said that the purpose of the Civil Service Office grant application is to accommodate the addition of a Human Resource Director without the expense of renovation and remodeling. She said the plan is to eliminate the variety of file cabinets and shelves and install 6 lateral locking shelf units along the north wall. She said the existing file units take up to 330 cubic feet of space and holds 102 cubic feet of records. She said the proposed units take up 162 cubic feet and hold up to 150 cubic feet of records. She said this grant application is for $7,357 and is non matching. Nancy Wagner said the second grant application is to preserve historical records by installing a fire suppression system in the City Clerk Vault and preservation microfilming of the birth, death, genealogy and marriage records. She said this is approximately a $30,000 grant application. Nancy Wagner noted that the grant submission deadline is February 2. Commissioner Stephen Towne noted that the grant application process and awards have become very tight over the years due to budgetary constraints. He said the City has a good track record though of obtaining grants thanks to Nancy Wagner’s efforts. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the grant applications for submission by February 2. Ayes all. Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Cost Control Associates Commissioner Stephen Towne withdrew this item from discussion. Records Advisory Board formation Commissioner Stephen Towne said the Records Advisory Board was originally proposed in 1994 and adopted by the Council on February 5, 1996. He said the objectives of this board are to provide advice to the Records Manager Officer on the development of the records management program; review the performance of the program on an ongoing basis and propose changes and improvements; review retention periods proposed by the Records Management Officer for records not covered by the state archives’ schedule MU-1; and provide advice on the appraisals of records for archival value and the final sign-off entity as to what is or is not archival. He said in addition to those duties, the Board would assist the Records Manager Officer in developing solutions to record management issues; assist the Records Retention Coordinator in choosing projects for the next SARA grant; review and recommend changes or additions to the City’s Records Management Program, approve all transfers of City records to the City Archives/City Historian and promote public awareness and encourage public’s use of City records. Commissioner Stephen Towne asked that Council members submit names to his office to be representatives on this board. He suggested that there be representatives from police, fire, City Attorney’s office and the City Historian. He said he would place this item on the next agenda for formal formation of this board. FINANCE Payroll B Approval Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: January 9, 2004 -- $361,162.49 and January 16, 2004 -- $363,463.59. Ayes all. Warrants -- Approval Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following warrants: 4DEC03- -- Warrant 2-21 General Fund $ 95,666.22 City Center Authority 8,466.46 Water Fund 2,963.36 Sewer Fund 1,082.11 Capital Project 5,736.32 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 19,.927.23 $133,841.70 2JAN04 B Warrant 2 - 9 General Fund $ 83.357.58 City Center Authority 25,389.08 Water Fund 224.70 Sewer Fund 414.04 Capital Project -0- Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 17,159.00 $ 126,744.40 MC030114 -- Warrant 2-9 General Fund $ 86,042.72 City Center Authority 8,258.25 Water Fund 14,614.91 Sewer Fund 1,440.58 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 22.77 $110,379.23 MC040114 B Warrant 2 - 3 General Fund $ 69,769.59 City Center Authority -0- Water Fund 108.12 Sewer Fund 432.45 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 17,159.00 $ 70,310.16 Ayes all. Transfers 2004B Approval Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the transfers as presented noting that a new supply line item for DPW was being created (Attachment A). Ayes all. Transfer 2003 B Approval Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget transfer for 2003 for emergency work on a piece of equipment that took place on December 16, 2003. He said DPW had provided a written explanation noting that it was an emergency situation (Attachment B). Ayes all. Mortgage Tax Receipts 2004 & Occupancy Tax Receipts 2003 Commissioner Matthew McCabe reported that his office had been notified by the County Clerk’s Office that the first quarter of the 2004 mortgage tax payment to be distributed in April 2004 was $482,600. He said it is 66 Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 percent higher than the previous year’s receipt. He said this distribution covers October, November and December 2003. Commissioner Matthew McCabe said on January 15 the City received the hotel occupancy distribution of $274,411.19, which was $35,411 higher than expected. He said this amount includes the City Center’s two percent tax rate increase of $416,410. Budget Transfer Policy B Approve Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the Budget Transfer Policy as presented. Commissioner Thomas Curley asked if the ten percent transfer request applied to the revised budget figures. Deputy Commissioner Christine Gillmett-Brown said it will apply to the revised budget as it changes throughout the year. Commissioner Stephen Towne clarified that if there was $70,000 in the line item originally that was then reduced to $50,000 for whatever reason, the 10 percent transfer amount would be applied the $50,000 and not the $70,000. Deputy Commissioner Christine Gillmett-Brown said yes. Commissioner Thomas Curley asked about payroll and overtime lines. Deputy Commissioner Christine Gillmett-Brown said they were included in this proposal. Commissioner Thomas Curley said there could potentially be a lot of transfers throughout the year and he was concerned with the additional paper work that would be required of staff. He said he would prefer to use the original budget as the base amount. Commissioner Matthew McCabe said he was willing to discuss the matter, however, he believed there would be no change to that specific proposal. Mayor Michael Lenz asked if there was any flexibility with this proposed policy. Deputy Commissioner Christine Gillmett-Brown said that most of the policy came directly from the new charter. Commissioner Thomas Curley said he was concerned with the additional paperwork. Commissioner Thomas McTygue agreed. He suggested that a workshop be set up by Finance and various staff throughout the building be informed on how this works. Commissioner Michael McCabe agreed. Commissioner Matthew McCabe said he was willing to withdraw this motion and take another look at the flexibility of the proposed policy, however, he did not believe that there could be much changed. Budget Amendment Policy B Approval (04-018) Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to adopt the budget amendment policy with a few minor modifications. He said this policy was also developed in compliance with the new charter (Attachment C). Commissioner Stephen Towne asked about requirement of certification of the availability of funds by the Commissioner of Finance. Commissioner Matthew McCabe said the Finance Department will certify the availability of funds before the requests comes to the Council. Ayes all. Waiver of Penalties Commissioner Matthew McCabe said he had recently received a number of phone calls from residents on the waiver of late fees and penalties. He said it is the responsibility of the landowner to notify the City of the change in ownership of land. He said it is not the policy of the City to waive those fees. Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 DEPARTMENT OF PUBIC WORKS Acceptance of Donation Commissioner Thomas McTygue said Saratoga Care was here this evening to donate an AED to the City to be used at the Weibel Avenue ice rink. Dr. Roland Phillips, cardiologist, said it was a pleasure to be here this evening with Richard Gleen, Debbie Artrich and Terry Lee to present the AED to the City. He said more than 500,000 people suffer cardiac deaths each year. He said by the time that many arrive at the hospital they are beyond help. He said after about six or eight minutes, individuals without a heartbeat do not live. He said the AED would have a tremendous impact for care in this community. He said it is a tool that is being used more frequently noting that they are now available in the schools. Dr. Roland Phillips said this donation was being made by the Saratoga Care Foundation. He said if the City was to identify other locations that may need the AED, Saratoga Care would take on that challenge to produce the devices. Commissioner Thomas McTygue said there were certainly places such as the Casino and the Music Hall, where there are large gatherings, which could benefit from such a device. He said he would like to include the City’s fire chief in this opportunity. Dr. Roland Phillips said some training on the device is required but it was a worthwhile device to have throughout the City. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to accept the donation of the AED from the Saratoga Care Foundation Board. Mayor Michael Lenz said the City appreciated the offer from Saratoga Care to identify other locations. Commissioner Stephen Towne asked what was the dollar value of the device. Commissioner Thomas McTygue said he would obtain that information. Ayes all. Water B Discussion Commissioner Thomas McTygue said this was a good opportunity for DPW to take some time to refresh the memories of some Council members and to update others on the alternative water source project, therefore, he asked Rich Straut, Barton & Loguidice and Doug Ward, attorney, to give a quick review of the alternative water source issues. Rich Straut said this all begin with the 1988 Sutherland report. He said that report was commissioned by the City for three reasons: quality of the City’s water source, capacity of the City’s water source and reliability of the City’s water source. Rich Straut said the City’s main water source for more than 130 years is Loughberry Lake. He said Loughberry Lake holds approximately 260 mg of water and has a 4 2 mile water shed. He said the drought of record occurred in 1964 when the lake reached severely low levels. He said in 1964 the City developed the Bog Meadow Brook as a supplemental source and then in the 1980s the City purchased the Geyser Crest well Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 field which has since been connected to the City’s main water system. Rich Straut said in the 1980s the City asked the NYSDEC to do a report on the City’s water source at a cost of approximately $250,000. He said it is a very comprehensive report, which took more than a year to complete. He said that report, completed in 1988, concluded that the lake is susceptible to contamination because of its proximity to the arterial. He said the City does not have a back up to replace that supply but capacity and reliability were also concerns. Rich Straut said there is a continuous degradation of the lake due to the development of the watershed. He said the City has also identified sediments in the bottom of the lake such as nickel, arsenic, lead and zinc. He said as the City continues to draw more and more water from the lake and the level gets more depressed which causes some concern that those sediments could be drawn into the City’s water supply during drought periods. Rich Straut said the long term recommendation of the report was to find a new water source to replace Loughberry Lake. He said that report recommended looking at ground water, the Great Sacandaga, the upper Hudson River and Saratoga Lake. He also pointed out that the County looked at using Saratoga Lake in their previous plan. Rich Straut said DPW has implemented some of the short term recommendations including conservation, adding the Geyser Crest well field and protection of the watershed. Rich Straut said originally the Geyser Crest well field was believed to be capable of producing about 4 mgpd, however, once pumping began, they pumped 2.3 mgpd. He said the City has a permit to withdraw 2 mpgd. He said in 1988 the City put a new well online in that area, which pumps 350 gallons per minute. He said when all is working at the Geyser Crest well field, they pump 1.8 mgpd. He said more recently they have found that the Geyser Crest well field will not be able to help the City because it appears that the ground water supply is declining or it is less than what was originally believed to be in that area. Rich Straut said in 1997, the City, retained Barton & Loguidice to do a capacity analysis. He said Barton & Loguidice estimates that combined with the Bog Meadow source the City could obtain about 5 2 mgpd during a drought. He said that would drain the lake though which increases the concerns of the contaminates getting into the water supply. He said if one of these sources were to be taken out of service, the City would not have the ability to fulfill the demands. He said the City needs a back up source that is safe and reliable. Commissioner Thomas Curley asked what contaminants were found in the lake. Rich Straut said it was nickel, cronium, zinc, arsenic, copper and lead. Commissioner Stephen Towne asked if the Geyser Crest well was a shallow well. Rich Straut said yes. Commissioner Matthew McCabe asked how long it would take during a drought for the lake to be depleted. Rich Straut said during the drought of record it would be drawn down within a month and would take at least a month to recover. He pointed out that the same amount of water that is in the Loughberry Lake equals what goes down Fish Creek every day. Doug Ward said in connection with SLIPD’s request to make a presentation to the Council he was very concerned with the SEQR process. He said it was his focus to protect the SEQR process. He reminded Council members that procedural errors could bring law suits. He said at this point the City is still in the SEQR process. He said normally, the public comment period would be open for 30 to 60 days, however, the City has the left it open for more than 8 months. He said what is happening now is that groups still want to submit additional comments. He said that doesn’t change the process, however, at some point the City must close the public comment period and then review the DEIS with the engineers. He said at that point it is time for the Council to make a decision. Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Doug Ward said he was concerned with taking specific proposals from a group under special treatment such as a meeting and how that would affect the SEQR process. He said the City has allowed input from SLIPD, they have attended the scoping session and submitted material. He said if the Council was to entertain the idea of allowing a special meeting with SLIPD, it should procedurally be done under another public hearing with a stenographer and due notice. He said at that time, anyone else would then be allowed to submit additional material. He said he was concerned with allowing a special meeting with an organization that has already stated that they would bring a law suit against the City. Doug Ward said the SEQR process is not a “give and take” process. He said the scoping session does that. He said that SEQR is the time for formal presentations from organizations and a special meeting was not appropriate. He said if the City fails to be rigid in the SEQR process, it could become defective and send the City back to square one. Commissioner Stephen Towne asked under what circumstances would it be appropriate to meet with SLIPD, noting that the City has already met with the County and the individuals from Amsterdam. Doug Ward said the meetings with those individuals were different because they were offering new alternatives. He said meeting with other groups to flesh out the possibility of whether new alternatives is not part of this record, but what SLIPD has requested and submitted is part of the record. He said the City would need to hold a public hearing, give proper notice, hire a stenographer and also afford the general public another opportunity to submit material. Commissioner Thomas McTygue said SLIPD has already threatened to sue the City. He said that he was also concerned with the SEQR process and he cautioned the Council on its actions. Supreme Court Library Lease (04-019) Commissioner Thomas McTygue said he would like to request approval this evening for a five year lease agreement with the Supreme Court Library. He said it allows for a 3.8 percent yearly increase and is the same lease as in previous years. Matthew Dorsey said his department and the Risk Manager had reviewed the lease. He said that at the Risk Manager’s request, a hold harmless agreement will be included. He said he contacted the County and they have no problem in signing a hold harmless, therefore, he suggested that the motion be contingent upon the County signing the hold harmless. Commissioner Thomas McTygue agreed. Therefore, Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the five-year lease with the Supreme Court Library contingent upon them signing a hold harmless. Ayes all. DEPARTMENT OF PUBLIC SAFETY Swearing in of new Police Officers Previously done. Grant Application(04-020) Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the grant from NYSDOT for $10,000. He said this is a reimbursement for parking sign alternatives Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 and is an in kind match. He said this grant was received under the multimodel grant program. Ayes all. Parking Lot Restrictions(04-021) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the amendment to Chapter225 of the City code (Attachment D) as submitted and previously discussed. Ayes all. SUPERVISORS Anthony Scirocco said at the Council’s January 6 meeting, Commissioner Thomas McTygue requested that the supervisors do a little research on the decrease in funding for Catholic Charities Services. He said he had spoken to Office for the Aging and received a letter from them dated January 9 explaining the situation. He said that effective January 1, the Saratoga County Office for the Aging ceased the contract with Catholic Charities of Saratoga, Warren and Washington Counties. He said during a review and audit of the Catholic Charities contract, it was discovered that the Office for the Aging was performing the same services that they were contracting with Catholic Charities to complete. He said the Office for the Aging has transformed their office in recent years and all requests for information and services are now fully screened by their intake worker and the appropriate services are then secured and put into place. He said it is the goal of the Office for the Aging to ensure that all clients are provided with the services to assist them to remain independent and in the community safely and with dignity. Commissioner Thomas McTygue requested a copy of the letter from the Office for the Aging and asked that the Mayor follow up on this matter. Anthony Scirocco said on another note there recently was a newsletter from the Office for the Aging, which focused on senior fraud. He said that newsletter listed the do’s and don’ts for seniors as well as providing them with the appropriate individuals to contact if they do have a problem. Phil Klein said the County has recently developed response plans for many emergencies in light of 9/11. He said they have hired a full time person to work on a bioterrorism program under the Public Health program. He said the radio subcommittee continues to work on the replacement of the emergency radio system. He said that under public health a $236,805 grant was made available for bioterrorism. He said that grant will fund positions. He said that NYSDOH recently completed a survey of the County held between December 15 and 17 and there were no findings. He said that under buildings and grounds, the County just renewed the lease with Friendship House for $68,870 per year, the Saratoga County Mental Health and Alcoholism Services at 254 Church Street at $4,150 per month and the lease agreement with the City for the law library. He said the County also continues to work on the airport runway reconstruction and the record storage project. Phil Klein also thanked those Council members who attended the county’s water committee meeting. Commissioner Thomas McTygue asked for another copy of the material submitted at that meeting. Phil Klein agreed. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:30 p.m. ayes all. Council members returned at 9:55 p.m. Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, January 20, 2004 Certiorari matter Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the disposition of the certiorari matter as discussed in executive session. Ayes all. Commissioner Stephen Towne also announced the voluntary withdrawal of the 2002 Borders Bookstore certiorari matter. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:55 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:55 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16