City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 3, 2004 7:00 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: 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 COMMENT PERIOD Mayor Michael Lenz said that before he opened the public comment period, he wanted to review some of the criteria that he would propose for adoption later in the meeting. He said that speakers should provide their name, address, limit their comments to two minutes, a total of 15 minutes will be allowed, all remarks are to be addressed to the Council as a whole, observe courtesy, no Council members shall interrupt a speaker and Council members shall be allowed the opportunity to respond at the end of the public comment period. Peter Looker, 45 Jefferson Street, thanked the Council for creating the Transportation Alternative Committee. He said he also approved of a review of the voting booths to allow for more democracy. He said the City needs accessible rather than less accessible voting places. He said on the water issue, the Council should consider a progressive water rate. He said there should be water incentives for those who conserve. He also said that the $18 million to be spent on water is equal to the amount that the United States has wasted on the mass destruction issue. Joe Finn, 157, Nielsen Road, Saratoga Springs, Commissioner for SLIPD, said that SLIPD has five commissioners appointed by the County Board of Supervisors and they represent the five towns and city that surround Saratoga Lake. He said SLIPD is committed to following the SEQR process and they want to continue the open communication. He said SLIPD is an involved agency and they have not stated formally that they intend to sue the City. He said they have a resolution that they are opposed to the proposal though but they support the SEQR process. William Connolly, 28 & 36 Stockholm Road, said he was here this evening to discuss the Saratoga Lake watershed matter. He said Saratoga Lake has a watershed of 300 square miles. He said there are several trailer parks with high volume sewers flowing into the lake. He said Saratoga Springs has made no attempt to address the watershed issue around Saratoga Lake nor have they disclosed a cost. He said the City will need to ensure, by going to all surrounding town Planning Boards, that those septic systems are updated and the City will likely have to pay for that. He said Saratoga Lake is as vulnerable as Loughberry Lake. He also noted that the nuclear plant in the Town of Milton dumps their water that they use to cool the reactors into the Kaydeross which flows into the lake. MAYOR=S OFFICE Preserve America Community Designation -- (04-022) Page 1 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Mayor Michael Lenz said that the Saratoga Springs Preservation Foundation is applying for this designation through a White House initiative. He said that Carrie Woerner, Executive Director, SSPF, is confident that the City will achieve this designation. He said that there are three criteria for this application and one is a resolution from the City stating its commitment to the City’s heritage. Mayor Michael Lenz then moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, Preserve America, a recent Presidential initiative, advances and encourages the preservation of historic properties, and WHEREAS, the City of Saratoga Springs has always maintained a steadfast commitment to the protection of its heritage assets. Over the years, countless Saratogians have given tirelessly of their time and talents to preserve the architectural historic, and cultural features that have made our City a tremendous place to live, work and visit, and WHEREAS, this Council heartily endorses the Preserve America initiative and desires to participate in it, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga resolves to maintain its long-standing commitment to the preservation of our City’s heritage assets and further resolves to forward a copy of this resolution to the offices of the Preserve American initiative. Ayes all. Frankie Manning Day B February 14, 2004 (04-023) Mayor Michael Lenz said that the Dance Flurry had requested that February 14 be proclaimed Frankie Manning Day. He said Frankie Manning will be a featured instructor during this event. Therefore, Mayor Michael Lenz moved and Commissioner Thomas Curley seconded the following proclamation: WHEREAS, FRANKIE MANNING, a talented and expressive American Dancer and choreographer, has for many years brought his artistry to enthusiastic audiences in clubs and showplaces throughout our nation, and WHEREAS, Mr. Manning’s ageless spirit and vitality belie the fact that he was among the first wave of young Americans to use music and dance to express feelings of their generation. He was fortunate enough to have been present at Harlem’s famed Savoy Ballroom in the 1930s when great bands and great dancers inspired each other and forged a rich and influential legacy. In short, he was a very impressive participant in one of the most exciting eras in American entertainment and social history. NOW, THEREFORE, BE IT RESOLVED, that I, Michael Lenz, Mayor of the City of Saratoga Springs am pleased to welcome Mr. Manning to our 2004 Dance Flurry and to proclaim Saturday, February 14, 2004, as Frankie Manning Day in the City of Saratoga Springs. Ayes all. Rules of Conduct (04-024) Mayor Michael Lenz said there has been some good discussion on this topic and he had incorporated the requested changes from Council members. He said that the changes made since the last meeting include agenda workshops to be held at 9:00 a.m. on the Monday before the Council meeting (if Council members are unable to attend a designee may be sent). He said the purpose of the agenda meeting was to clarify and confirm actions, ensure that adequate information is submitted, standardize basic steps and descriptive words are to be used on the agenda. He said he had also modified the time allowed for speakers in that it would be two minutes. Council members will be able to make comments at the conclusion of the public comment period Page 2 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 and the remarks are to be limited to the items presented during the public comment period. He said debates are limited to the motion on the table and the maker of the motion shall have the first opportunity to speak. He also said that speakers would not be limited to one topic during their two minute presentation. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adopt the rules of conduct as presented (Attachment A). Commissioner Thomas Curley said that Monday mornings were a little tight for him because he held staff meetings. Mayor Michael Lenz said that the agenda meetings would be short. Commissioner Stephen Towne asked that if all information from the agenda could be distributed by the end of the day on Monday. It was agreed, that to the extent practicable, that would be done. It was noted that sometimes information is not available on Monday. Commissioner Matthew McCabe said he envisioned that there would be times when good judgment would be used and the rules may be somewhat relaxed. Ayes all. Real Estate Committee Members Mayor Michael Lenz announced the appointment of the following individuals to the Real Estate Committee: Joe Williams, Accounts; Joanne Carlow and Paul Male, DPW; Kevin Veitch, DPS; Mike King, Finance; Alicia Wardell, Mayor and Matt Dorsey, City Attorney, Chair. City Historian B Establish Salary (04-025) Mayor Michael Lenz said that now that Martha Stonequist no longer occupied the City Historian’s position, and upon the recommendation of the Civil Service Department, the position would no longer be classified as an independent contractor. He said the position at one time was about a 10 hour per week position but it had since grown to between 25 and 27 hours per week. Mayor Michael Lenz made the following recommendation: That the City Council and the Union agree to the placement of a full time City Historian position on the salary schedule. Civil Service would have an entry level salary and number of hours worked per week would not be monitored. Civil Service would monitor the year to date salary and would notify the appointing authority when the incumbent reached 50 percent of the entry level salary. Upon earning 50 percent of the entry level salary, the payroll would no longer be certified and the incumbent would not be able to work the rest of the year. He said that the City has budgeted $22,248 for this position. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the position as presented. Patsy Berrigan, Civil Service Commission Secretary, from the audience, said the Council needs to establish a salary. Mayor Michael Lenz said the entry level salary would be $45,000. Patsy Berrigan suggested that a grade and step be set and an effective date be established. It was agreed the effective date would be February 5 and the motion was contingent upon the grade and step being set at a later time. Patsy Berrigan also noted that union approval was required. Commissioner Stephen Towne asked if this individual was doing the work yet. Patsy Berrigan said that Martha Stonequist was still doing the work until these issues were cleared up. After a brief discussion it was agreed that position would be a grade 14, step 1, effective February 5. Page 3 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Mayor Michael Lenz clarified the motion and moved again and Commissioner Stephen Towne seconded the approval of this position, that it be a grade 14, step 1, effective February 5 and that it is contingent upon union approval. Ayes all. Hickey’s Corners Conservation Easement (04-26) Commissioner Stephen Towne recused himself from this discussion. Tony Izzo said this is a proposal for a conservation easement for the Hickey’s Corners subdivision. He said such easements are authorized by the Environmental Conservation Law for situations where a municipality wishes to retain some environmental control over specific lands. He said this is the second such request for an easement with the first being granted to Floral Estates last May. He said that he had spoken to Tom Roohan and with his attorney Michael Toohey and Geoff Bornemann and the believed the easement as proposed would be lawful and proper. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the Hickey’s Corners Conservation Easement as presented. Ayes all (4-0). Roohan to City B Deed (04-027) Tony Izzo said that this is a deed from Roohan to the City for lands to widen a road. It was noted that the final drawings on this had not yet been reviewed by the City Engineer. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the deed from Roohan to the City as presented contingent upon the City Engineer reviewing the plans. Ayes all (4-0). Commissioner Stephen Towne resumed his seat on the Council. Executive Session Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 7:30 p.m. for the purposes of discussing land acquisition. Ayes all. Council members returned at 7:50 p.m. and reported that the action taken in executive session would be reported on later in the agenda. ACCOUNTS DEPARTMENT City Council minutes B January 20, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the January 20, 2004, City Council meeting minutes. Ayes all. Commissioners of Deeds B Appointment Commissioner Stephen Towne announced the appointment of the following individuals as Commissioners of Deeds with a term of two years: John Carey, Joseph Carey, John Kelly, Scott Johnson, Dan Noeker, Sean O’Leary, Anthony Strauss, Greg Santos, Mike Rayburn, Glen Vidnansky, Mark Loeffler and Thomas Sartin all from the Police Department. Award of Bid B Gas Dispensing System Page 4 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to award the bid for the Gas Dispensing System to Valley Equipment Company of Schenectady for $19,490 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Extension of Bid B Motor Vehicle Filters Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to extend the bid for one year for motor vehicle filters to Napa Auto Parts/Spa Automotive supply under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Extension of Bid B Street Trees Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to extend the bid for one year for street trees with Northern Nurseries under the same terms and conditions. This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Cost Control Associates Commissioner Stephen Towne said in December 2002 and June 2003 the City signed agreements that engaged Cost Control Associates, Inc., (CCA) to perform cost reduction and source analysis services for our energy and telecom plans. The agreements called for a sharing of the refunds and/or prospective cost reductions with CCA that originated through their efforts. He said that to date, they have generated refunds of approximately $8,600. In addition, they have recommended wireless rate plan changes for each department that were approved by the individual Council members during the fall. The estimated annual savings resulting from these recommendations are approximately $18,500 in total and CCA, per the contract, is entitled to 40 percent of the verified cost reductions for the first 30 months as their fee for services in analyzing, researching and recommending the approved changes. He said subsequent to engaging CCA, Nextel implemented favorable rate plan changes that benefit the City. After a number of discussions and meetings between Jamie Johnson, telecommunications specialist, representatives of CCA and Deputy Commissioner Debbie Harper, it was agreed that certain of these cost reductions might have been possible without CCA’s assistance. He said that although Nextel’s rate changes occurred subsequent to our contract date, he had no desire to compensate CCA in the future for savings that the City might have been able to surface on our own. He said that the contract calls for a payment equal to 40 percent of the estimated 12 month cost reductions if the City was not to accept their recommendations. Because of the unusual circumstances of this situation, CCA has proposed concluding our source analysis service contract with them by paying a one time fee of $8,520.06 which is equal to 40 percent of a 12 month estimated savings based upon the rate plan changes they have recommended. Commissioner Stephen Towne said he previously distributed a summary sheet reflecting the estimated annual savings and the breakdown of the fee for your review. He noted that the fee to be charged to each department is proportionate to their piece of the projected annual savings with the ‘City Hall” charge being allocated to all departments equally. Commissioner Stephen Towne summarized the City’s options as follows: B Continue to implement the Nextel and Verizon recommendations that were, by departments, unanimously agreed to in the fall yielding an estimated annual reduction in our telecommunications costs of approximately $18,529.65 City Hall wide. In turn, CCA will be entitled to 40 percent of those realized savings over a 30 month period. B Alternatively, we have an opportunity to pay a one time fee of $8,520.06 in total to relieve the City of any ongoing obligation to CCA with regard to our telecommunication plans. Consistent Page 5 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 with the job responsibilities, Jamie Johnson will be assigned the responsibility to complete the various rate plan changes that the Council members have essentially approved. The benefit to this action is that the estimated savings the City will realize is comparable to the CCA generated benefits without the extended fee obligation to CCA. Commissioner Stephen Towne said he proposed that the City pay the fee to CCA and complete the implementation process through Jamie. Where necessary, he said the Mayor should be authorized to sign revised proposals from Nextel (after review by Jamie and department heads) and coordinate the review of these plans on an annual basis through Jamie, consistent with her job duties and responsibilities. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the alternative of paying a one time fee of $8,520.06 in total to relieve the City of any ongoing obligation to CCA with regard to our telecommunication plans. Consistent with the job responsibilities, Jamie Johnson will be assigned the responsibility to complete the various rate plan changes that the Council members have essentially approved. Ayes all. Records Advisory Board Commissioner Stephen Towne said that at the last Council meeting he reported that the Records Advisory Board was originally proposed in 1994 and adopted by the Council on February 5, 1996. He said, however, that the Board was never implemented. He said the objectives of that 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. 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 the public’s use of City records. Commissioner Stephen Towne said he had requested that Council members submit names to his office to be representatives on this board. Commissioner Stephen Towne then moved and Mayor Michael Lenz seconded that the following individuals be appointed to the Records Advisory Board: Christine Gillmett-Brown, Finance; Jim Ruhle, DPS; Matt Dorsey, City Attorney; Joy Karam, DPW, Nancy Wagner, Accounts, MaryAnn Fitzgerald, City Historian and himself. Ayes all. Risk Management Monthly Report Marilyn Rivers informed Council members of the following items: Fire evacuation plans for City Hall: She noted that the final safety committee recommendation was unanimous for this plan. The plan will be updated as the fire alarm system for City Hall comes on line in the first quarter of 2004. The City will begin to hold annual fire drills once the new system is on line. NYMIR Loss Prevention Survey: City Hall: Marilyn Rivers noted that the housekeeping items have been addressed and the locks have been placed on the electrical boxes in public access hallways. NYMIR Loss Prevention Survey: DPW Garage: Marilyn Rivers said that the internationally recognized “no smoking” signs have been posted per recommendations; flammable cabinets have been installed; safety canisters have been installed; and machinery guards have been reinstalled. Page 6 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 NYS Right to Know Law: Marilyn Rivers said the training sessions will begin the first week of February. Recreation Commission: Marilyn Rivers said the Camp Saradac Safety Plan had undergone revision with reviews completed by the Fire Department, Police Department, City Attorney’s Office and the Risk & Safety Manager. She said the emergency medical authorization forms, permission agreements, user agreement and ice rink rental agreements had undergone revision in partnership with the City Attorney’s Office. Public Access Defibrillators: Marilyn Rivers reports that the Safety Committee had taken up the challenge issued by the Saratoga Care Foundation and would like to recommend additional potential sites for these defibrillators to include City Hall, Canfield Casino, Vernon Ice Rink, Drink Hall/Visitor’s Center and DPW Garage. She said if the Council agrees, the Accounts Department will draft a letter in support of these recommendations. Commissioner Thomas Curley noted that as part of the package of having the AED, there is required training. Marilyn Rivers agreed. Commissioner Stephen Towne said he would address that matter with Marilyn Rivers to be sure that all requirements are met before installing the AEDs. Marilyn Rivers said they would need to be met for each site where one is located. Fixed Asset Recognition: Marilyn Rivers said the Fixed Asset Recognition project had come to completion with 5,636 transaction items. She said the monthly asset recognition for January had been completed on scheduled. Commissioner Stephen Towne said this was a tremendous undertaking, but due to Marilyn Rivers’ diligence the project had been completed. Polling Sites (04-028) Commissioner Stephen Towne said that he recently sent a letter to the Board of Elections concerning polling sites and that letter had been distributed to Council members. Commissioner Stephen Towne said that based on discussions with the Board of Elections he planned to recommend to Council members that districts 7, 11, & 21, be moved for their current locations of the City garage and Emergency Corps, West Avenue, respectively, be moved to the Senior High. He said those locations had been problematic for awhile due to unmarked handicapped access route, lack of heat, fumes from trucks, delays in getting equipment ready, etc. He said he had spoken to John MacFadden, Superintendent of the School District, and Principal Frank Crowley on the possibility of allowing those district to use the Senior High School. He said both Dr. John MacFadden and Frank Crowley agreed to that request. He said the school will provide handicapped parking spaces and designated handicapped access routes. Therefore, Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that Districts 7, 11 & 21 be moved from their current locations of the City Garage and the Emergency Corps to the Senior High School gymnasium, effective April 1, 2004. Ayes all. Commissioner Stephen Towne said District 24 also had many issues which prompted a review of that location. He said he recently met with President Glotzbach and found that he was supportive in his desire to maintain a campus polling location. He said he was also supportive of minimizing the identified items of concern. He noted that President Glotzbach had planned to be here this evening. Commissioner Stephen Towne said that privacy, traffic, openness and accessibility were issues of concern. He said he wanted to be sure that the whatever site was used at the college that it was not prone to the difficulties of the last election. He said that he had also spoken to all the members of the Council on this matter and was encouraged by their support. He said that he would continue to work with President Glotzbach on this matter and would report back to the Council on this district. Commissioner Stephen Towne said he had also begun to with the Board of Elections on the voter registration process at the Campus. He said that the Board of Elections will oversee that process. He noted though that Wilma Koss, had volunteered to work with the Board of Elections and Skidmore on coordinating the event. He Page 7 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 said a guide would be developed in conjunction with the Board of Elections and Skidmore, for the students. He said there will also be some instruction on absentee ballots. Safety Committee B Smoking Policy (04-029) Marilyn Rivers said that a complaint continues to be noted from a member of the Finance Department concerning the issue of second hand smoke originating from those individuals smoking directly under the window of the northwest corner of City Hall on Broadway. She said the safety committee has reviewed the complaint and is requesting the Council’s permission to install the internationally recognized “no smoking” sign. Therefore, Commissioner Stephen Towne moved and Mayor Michael Lenz seconded said that in response to continued concerns from employees sharing a ventilation area with City Hall smokers that “any outside area designated for smoking shall be away from every building egress, every building ventilation system air intake and every place where it will be reasonably necessary for nonsmokers to pass through second hand smoke.” (Attachment B) Ayes all. Safety Committee B Driver Eligibility Policy (04-030) Marilyn Rivers said the City’s Fleet Safety Policy had been previously adopted by the Council and the Driver Eligibility Policy is being presented this evening. She said this serves as an addendum to the City’s Fleet Safety Policy. Commissioner Stephen Towne said this addendum simply assigns responsibility and clarifies that the department has the responsibility for informing individuals that driving privileges may be revoked. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded that the addendum of the Driver Eligibility Policy establishing a formal procedure for the communication of driver information be adopted (Attachment C). Ayes all. Coin Drop Marilyn Rivers said that in the past, requests would come from organizations to hold coin drops and in conjunction with DPS, the Accounts Department would approve those requests. She said though, that the City’s insurance carrier requested that the policy be reviewed, so the Safety Committee did so. She noted that the recommendations from the Safety Committee had been distributed. She said that the Safety Committee had agreed to no child under the age of 16 be allowed to participate and those between the ages of 16 and 18 must provide a parental consent form. She said the committee also agreed that cones, vests and signage should be used. Commissioner Stephen Towne said it was not his intent this evening to vote on this matter, but rather to establish a public hearing date of Tuesday, February 17 at 6:55 p.m. He said the key elements of age limit, supervision, parental consent and safety requirements could be burdensome to organizations. He asked the Council to review the previously distributed material, however, it was his plan to reshape it. Safety Committee B Evacuation Plan (04-031) Marilyn Rivers said that the City Hall Emergency Evacuation Plan had been distributed to Council members. She said that the Safety Committee was recommending adoption of this policy. She said that a policy such as this brings the City into compliance. She said that annual fire drills will be held. Therefore, Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the Safety Committee’s recommendation of the adoption of the city Hall Evacuation Plan as presented (Attachment D). Ayes all. Page 8 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 FINANCE DEPARTMENT Payroll B Approval Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: January 23, 2004 -- $353,441.19 and January 30, 2004 -- $475,749.87. Ayes all. Warrants -- Approval Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the following warrants: 5DEC03- -- Warrant 2-17 General Fund $ 86,984.48 City Center Authority 1,194.99 Water Fund 2,866.29 Sewer Fund 2,159.85 Capital Project 160,111.66 Special Assessment District 3,450.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 19,328.04 $ 276.095.31 1FEB04 B Warrant 2 - 17 General Fund $ 256,439.98 City Center Authority 4,877.88 Water Fund 9,060.14 Sewer Fund 444.93 Capital Project 996.96 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 2,195.76 $ 274,015.65 MC030128 -- Warrant 2-3 General Fund $ 53,968.76 City Center Authority -0- Water Fund 14,661.31 Sewer Fund 875.37 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 128.65 $ 69,634.09 MC040128 B Warrant 2-5 General Fund $ 282,113.90 Page 9 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 City Center Authority 4,166.47 Water Fund 13,858.92 Sewer Fund 7,284.44 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 6.61 $ 307.430.34 MC0013004 B Warrant 2 General Fund $ 2,523.40 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development -0- $ 2,523.40 Ayes all. Transfers 2004B Approval Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the transfers previously distributed with Friday’s agenda. He said the DPS transfer is from STPOP DWI Patrolmen to STOP DWI training for three officers to attend Pedestrian Collision Training (Attachment E). Ayes all. Approval 2004 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2004 budget amendments as previously distributed. He said both amendments were for grant reimbursements (Attachment F). Ayes all. Approval 2003 Budget Transfers Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2003 budget transfers previously distributed. He said this request was submitted by DPW and involves two transfers from 2003 labor lines for sand and repairs to the City Hall roof. He said he believed that this transfer violates the intent of the new charter and is not in conformance with the transfer policy. He said, though, that since we are in the charter transition period, i.e. would approve these two transfer but would not bring forth any other transfers (Attachment G). Ayes all. Approval 2004 Tax Roll (04-032) Page 10 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the 2004 tax roll as presented (Attachment H). Commissioner Matthew McCabe said that Section 4.1.2 of the City Charter requires the Commissioner of Finance to announce the receipt of the completed tax roll. He said the City received the tax roll and bills from Saratoga County on January 13, 2004. He said the bills were then mailed on Friday, January 30. He said the first quarterly payments are due on March 1 or the full year may be paid on or before March 1 to receive a 2 1/4 percent discount. He said the other three installments are due June 1, September 1 and December 1. He said that checks should be made payable to the Commissioner of Finance and can be delivered in person to the Finance Office, mailed to 474 Broadway or paid at Adirondack Trust Company or Saratoga National Bank. He then thanked staff members Mike King, Betty Benton, Janet Woodcock and Yvette Shaver for their hard work and dedication to ensure the bills were mailed and the computer system ready to collect payments in a timely fashion. Ayes all. Budget Transfer Policy (04-033) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the transfer policy as presented (Attachment I). Commissioner Matthew McCabe said that Deputy Commissioner Christine Gillmett-Brown conducted a training session on the transfer and amendment policies on January 28. He said the training was well attended and many questions were answered. He said that minor revisions were made to the forms as a result of that session, but the policy remained the same. Ayes all. 2003 Investment Policy Commissioner Matthew McCabe said that at the November 18, 2003, Council meeting, the Council approved the investment policy for the City as a result of a recommendation from the State Comptroller’s Office and in accordance with Section 4.2.4 of the City Charter. He said that last week, he met with each financial institution that the City conducts business with and reviewed the policy and the necessary agreements. He said one institution is still reviewing the documents and one is ready to sign the agreements. He said another provided a similar agreement, which the City Attorney is reviewing. He said the policy will be fully implemented once the agreements are signed. W2s & 1099s Commissioner Matthew McCabe said that in accordance with federal regulations, the Finance Office is responsible for issuing W-2s to all City employees and 1099s to all applicable vendors on or before January 31, 2004 for fiscal year 2003. He said he was pleased to announce that the W2s were completed on January 16, 2004, and the 1099s on January 26, well ahead of the deadline. He thanked Florence Wheeler, Linda Curley and Kevin Kling for ensuring the deadline was met. Transportation Alternative Advisory Board Commissioner Matthew McCabe announced the formation of the Transportation Alternative Advisory Board with the following members: Greg Cuda, Lyn Cianfarani, Rayna Caldwell, William Roach, Larry Levine, Steve Sullivan, Marjorie King, Bob Giordano and Dan Hurwitz. He said this group will hold open meetings and he welcomed input from City departments. Page 11 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Mayor Michael Lenz said he was glad to see the formation of this board. He said there would be some good discussions that would run parallel to the parking facility discussions. Tax Anticipation Note (04-034) Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the late addition to the agenda of the Tax Anticipation Note item. Ayes all. Commissioner Matthew McCabe said the City needs to borrow $2 million in order to pay operating expenses for the next few weeks. He said the City is experiencing negative cash flows due to a number of issues such as the late mailing of the water and sewer bills, a decline in the sales tax collections, an increase in the number of special cash accounts, a decrease in interest rate and continued utilization of the City’s surplus. Commissioner Stephen Towne asked how often is the City in this type of situation. Mayor Michael Lenz said that at one time several years ago, it was fairly routine to borrow when the was a cash flow problem. He said that in recent years though, the City has not had to do so. Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the tax anticipation note resolution of February 3, 2004, for the issuance of a note for the City of Saratoga Springs, New York, not to exceed $2 million in anticipation of the collection of 2004 property tax for the fiscal year 2004. Ayes all. DEPARTMENT OF PUBLIC WORKS HUB Parking Lot Commissioner Thomas McTygue requested that a public hearing be set for Tuesday, February 17 at 6:00 p.m. to discuss the proposals for the development of the city owned parking lot located near the Hub. VGM Resolution (04-035) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the resolution which opposes legislation that would allow the introduction of VGMs into any facilities other than those facilities used for horse racing and by the horse racing industry (Attachment J). Skip Carlson, Vice President, Gaming & Raceway, said he appreciated the support from the local officials and he hoped to be able to continue to count on that support. He said they are very pleased and encouraged with the VGM business to date and the positive effect that it has on harness racing. He said they believe that the addition of VGMs at other locations would severely impact the raceway. He said to date they have hired 300 additional people, purses have increased to $40,000, more horses have been brought in, and many capital expenditures have been made by those in the horse industry. He said they believed this proposal by the Governor was premature and a more thoughtful, comprehensive plan needed to be developed. Commissioner Thomas McTygue pointed out that the VGMs also help the thoroughbred industry at Fingerlakes and Aqueduct. Skip Carlson agreed saying that it assists them in their breeding programs. He said there is a lot of optimism in the horse industry and he fully expected that New York could again go back to being number one in the horse industry. George Cameron, Horsemen’s Association, said that prior to the VGMs, purses were low. He said the larger purses attract more horses. He said many in the horse industry have made tremendous capital investments in Page 12 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 anticipation of the VGMs. He said they are relocating to this area, spending more money in the community, increasing the size of their farms, etc. He said that allowing VGMs in the other locations would be a step backwards for the horse industry. Commissioner Matthew McCabe said no matter where an individual stands on this issue, he said the business community should be working with the raceway to ensure that those going to the raceway in turn come to downtown Saratoga Springs. He said the visitors should enjoy all of the aspects of the City and not just the VGMs. Ayes all. 1992 State Grant Commissioner Thomas McTygue said he was pleased to announce the receipt of a New York State grant in the amount of $20,778 that was filed by DPW in 1992. He said this was for the purchase of confined space entry equipment for the sewage pump station. He said these funds will be placed in the sewer budget. Lease Renewal with School District Commissioner Thomas McTygue said that he would like to request the approval of the lease agreement between the City and the School district for the operation and maintenance of the east and west side recreation fields. He said it was the same agreement as in previous years. Matthew Dorsey, said there were still some outstanding issues with risk management and asked that this agreement not be adopted this evening. Commissioner Thomas McTygue said he would bring this back to the next meeting for approval. DEIS Closure (04-036) Commissioner Thomas McTygue said it was time to bring this matter to some closure. He said normally the comment period lasts between 30 and 60 days and the City has allowed over 10 months. He said it was time to close the public comment period and allow the consultants to address those comments. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to close the public comment period and move forward on the DEIS. Doug Ward reminded Council members that on January 16, 2001, the Council appointed itself lead agency on this matter. He said this is a defined project to provide a supplemental water source for the City’s three water supply sources. He said in March 2001, the Council commenced with the scoping process under SEQR. He said this is a voluntary process where the City asks for everyone’s thoughts on the matter. He said the aim of that process was to identify all alternatives worth considering. He said the City spent a considerable amount of money to do that scoping. He said that to date the City has spent more than $600,000 preparing the DEIS. He said the scoping document was approved unanimously in July 2001 and the consultant then prepared the DEIS. He said the DEIS was then submitted to the Council in February 2002 and was released in January 2003. He said after that release, the City began accepting public comments and the public hearing was held in March 2003. He said the City opted to keep the public comment period open until July 7, 2003. Doug Ward said since that time there was some interest expressed in buying water from Amsterdam and/or Glenville. He said neither of those options were included in the scoping document. He said the City is not required to evaluate those alternatives, but nevertheless did so. He said the consultant determined that they were not viable options. He said the only outstanding alternative option is the County’s proposal. Doug Ward said the City has looked at the County’s proposal through the DEIS. He noted that the County was still reviewing their own proposal and the possibility existed that it could be revised. He said if the City Page 13 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 would like to consider the County’s proposal, it would be appropriate for the County to complete a DEIS on their proposal. He said the County would likely be the lead agency and the City would be an involved agency. Doug Ward said in his October 2003 letter he stated his concerns on the County’s plans. He said until there is an FEIS and the SEQR process is completed, the Council should not make a commitment to proceed with the County’s proposal. He said that lastly, the Council needs to close the public comment period so that the FEIS can be prepared. He said that the Council continues control all the next steps. He said the Council has the ability to determine if the FEIS is complete and satisfactory. He said he was concerned that people were still being allowed to make comments, because the record is open. He said the SEQR process is very clear on how and when the public can make comments or appear at public hearings. He said if the public continues to make comments and there is no official record of those comments, other than the minutes, it could be a problem. He said there needs to be a stenographer. He said he was concerned that the SEQR process could be challenged. Mayor Michael Lenz clarified that the ten day public comment period which follows closing DEIS would be longer than ten days. Doug Ward said yes. Commissioner Matthew McCabe asked how the closure of the public comment period this evening related to the SEIS that was proposed last summer. Doug Ward said that the City is in the process of discussing the SEIS at this time. He said the Council ordered an SEIS but it appeared that subsequent to that order, because of the financial issues, it was not a viable solution. He reminded Council members again that the Council has control over the direction of this process. He said it was time for the Council to close this process and move forward. He said the Council has done more than what is required for public outreach. Mayor Michael Lenz asked if the Council closed the public comment period, did it eliminate the option of doing the SEIS. Doug Ward said he would need to research that issue. Matthew Dorsey said that the resolution to move forward with the SEIS included the review of the potential use of the County proposal, Amsterdam and Glenville. He said that two of those options were reviewed. He said it was clear from minutes that the Council also resolved to consider the County plan as well. Doug Ward said that in terms of doing an SEIS after closing the DEIS, he believed that the Council could open up the process for an SEIS at a later date. He said the County alternative is a proposal that has been changed over time and the City does not have anything more to evaluate than what was originally given to the City to evaluate. He said if the County option should become viable, then all of this would change, but it was up to the County to come up with a specific plan. He said the Council is looking at the City’s water supply so they must continue on that path. He said if the Council chooses to go with the County plan, then the City would not be the lead agency. Commissioner Matthew McCabe asked if the County needed to submit a DEIS to the City in order for their proposal to be legitimate. Doug Ward said they need to come up with a specific proposal that addresses the intake, archaeological impacts, wildlife impacts and a whole other host of issues. He said it would be a $500,000 study. He said the County can choose at any time to take on a DEIS for their proposal but it would be their plan and not the City’s. Doug Ward said if the City closes its DEIS and then the County comes up with a viable plan, then the City would still have the opportunity to choose to go with the County plan. Mayor Michael Lenz asked that in order for the County to have a viable plan, would the County need to commit to doing a DEIS or did it need to be a complete DEIS. Doug Ward said they need a detailed plan with all of the issues addressed. He said they would need to do a SEQR. He said no one can commit to the County plan until the SEQR is completed. Commissioner Thomas Curley asked Doug Ward to outline what the City needed to do in order to consider the County proposal. Doug Ward said he outlined all of that in his memo to the Council. He said the ball is in the County’s court. He said they need to come up with a detail plan, SEQR, DEIS, FEIS, etc. He said it is up to Page 14 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 the County to provide that information to the City. He said if they decide to do a scoping process, he could advise the City on what to look for. He said that process though is separate from the City’s process. Commissioner Matthew McCabe said he was concerned about preserving the integrity of the City’s proposal and process. He said the City has spent more than a half a million dollars at this point. Doug Ward said that if the County chooses to do a DEIS, there is a lot of information in the City’s DEIS that would be of great interest to them. Commissioner Thomas McTygue said he wanted to close this process. Rich Straut said once the DEIS was closed it would be about an eight week process to address all of the concerns expressed during the public comment period. Mayor Michael Lenz asked if it made a difference if the Council closed our process or not while pursuing other alternatives. Doug Ward said that to preserve the integrity of the SEQR process, he would like to see this process closed. He said if the Council wants to look at another option, it was within their control. However, the DEIS for the County needed to be done before the City could consider that as an option. He said there is nothing that precludes the City from considering the County’s option. He said the City can close this process but could always open it up again to do an SEIS. Mayor Michael Lenz asked for Matthew Dorsey’s thoughts. Matthew Dorsey said closing the process at this time, puts the Council one step closer to the FEIS. He said the City could still do an SEIS, abandon the entire process or seek other alternatives. He said he wanted the Council to understand that there were many options left and there were ramifications to be considered before taking this step. He said he was concerned in taking this step this evening without making a decision on the previous motion of last summer for the SEIS. He said because SEQR is a very procedural process, that issue should be addressed. Doug Ward said he did not disagree with Matthew Dorsey’s statement that there were still several options to consider. He said if the Council wants to consider the SEIS and state that due to the final constraints and the fact that the City is awaiting the County plans, those could be reasons to not proceed with the SEIS. Rich Straut said the County alternative was included in the DEIS. He said the other two alternatives, Amsterdam and Glenville, were reviewed based on the information given to the Council from those municipalities and the discussion that ensued was that it made no sense to consider those options. He said if the City chooses to do an SEIS, there are responses to comments and a public hearing that will need to be done and those comments would then be addressed in that document. Commissioner Thomas Curley said it was clear that more information was needed from Doug Ward and Matthew Dorsey on the City’s options. He said he was not prepared to vote this evening on this matter. Commissioner Thomas McTygue said everything had been presented to the Council and it was time to vote. He said this is an expensive process and he wanted to stop the clock. He said that the Council can go ahead and try to proceed with the County’s proposal, however, when it came time for the County to request a street opening permit, to connect to the City’s system, he would not allow that permit to be issued. Mayor Michael Lenz said that Council can vote or table the matter. He said he would like to see the discussion continued to the next meeting. Commissioner Thomas McTygue said he wanted to know specifically, in writing what the concerns and/or questions of the Council were. He said he wanted a vote this evening though. Commissioner Matthew McCabe said this decision by the Council would impact our children, public safety, county residents. He said there was no reason to not support this resolution this evening. He said the City needs to prepare for the future and we owe it to the taxpayers to finish this process and to allow the County to continue to move forward on their proposal. He said he wanted to protect the integrity of the process and he would support the motion. Page 15 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 Commissioner Stephen Towne said that it would be his preference that the motion be withdrawn this evening. He said he did not believe that it was unreasonable on Commissioner Thomas McTygue’s part to try to bring this to a closure but there were still lingering questions. He said that last summer there was a motion to do the SEIS, then at the meeting following that there was a motion to take the money from surplus and to then replace the funds if it was later determined that the money could be taken from the water fund. He said the funding is available for an SEIS and the City should leave the door open for other possibilities. He said there is also a new commissioner and new city attorney. He suggested that Commissioner Thomas McTygue withdraw the motion and that all questions and/or concerns be summarized and forwarded on to Doug Ward and Rich Straut for a response. Mayor Michael Lenz said he would prefer to see the motion withdrawn. He said he did not want to force a vote this evening. Commissioner Thomas Curley said the entire Council wanted to protect the process, but he asked for a few items and they should be furnished. He said he still needs some clarification on some of the issues. He agreed the City had spent a lot of money on this so far and he wanted to be sure that the City has the best options available to us. Commissioner Thomas McTygue asked what were the questions. Doug Ward said he would like to have them submitted to him in writing. He suggested that they be forwarded to DPW so they could be consolidated into one document. He said once he had those, he would prepare a response. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to table the motion to await more information which will be presented at the next meeting, further noting that the assumption will be to vote at the next meeting. Ayes: three; Nays: two (Commissioners Thomas McTygue and Matthew McCabe). Motion carried. DEPARTMENT OF PUBLIC SAFETY Plaques for Retiring DPW Employees Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to approve the purchase of plaques for retirees. Commissioner Thomas McTygue said he brought forth a similar motion to purchase small tokens of appreciation for volunteer carousel works and that request was denied. He said he wanted to amend the motion to include volunteers. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to include volunteers in the motion. Commissioner Stephen Towne said there was a difference between employees and volunteers. He said he was unsure of approving the motion this evening and setting a precedent. He said he would like to revisit the volunteer matter at a later date. Commissioner Thomas McTygue said the motion was for both employees and volunteers. Commissioner Stephen Towne said he would be glad to look at the volunteers at a later date. Commissioner Thomas Curley agreed to withdraw the motion and bring it back to the next Council meeting. He said these were not gifts but recognition of the years of service that employees give to the City. He said Page 16 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 3, 2004 the perhaps there was a way to place a limit on this issue. He said that up to this point, he had been paying for these plaques. Commissioner Thomas McTygue said that he too has been paying for the recognition items for volunteers. Quarterly Updates Commissioner Thomas Curley said that beginning in April, he would ask his departments to make quarterly presentations, on a rotating basis, to the Council. Contracts B Executive Session Commissioner Thomas Curley requested an executive session for the discussion of contracts. Executive Session. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn to executive session at 9:55 p.m. Ayes all. Council members returned at 10:05 p.m. Mayor Michael Lenz reported that no action was taken. ADJOURNMENT Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 10:05 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:05 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 17 of 17