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City Council

Regular Meeting

Saratoga Springs, NY · May 4, 2004

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 4, 2004 6:15 P.M. Student Commissioners & Mayor PRESENT: Commissioner Thomas Curley, DPS Tina Villa, DPS Michael Lenz, Mayor Erica Dingeman, Student Mayor Commissioner Matthew McCabe, Finance Matthew Fueston, Finance Commissioner Thomas McTygue, DPW Chris Hunter, DPW Commissioner Stephen E. Towne, Accounts Erin Callahan, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Mark Auciello, 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 CALL TO ORDER Executive Session Mayor Michael Lenz called the meeting to order at 6:15 p.m. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adjourn to executive session at 6:15 p.m. for discussions on land acquisition. Council members returned at 7:00 p.m. Mayor Michael Lenz reported that no action was taken. PUBLIC HEARING Five Points Zoning Amendment Mayor Michael Lenz said this is a public hearing on a revised petition from three property owners in the Five Points area for zoning text and map amendments. The map amendment would change the classification of the three properties, totaling about 0.6 acres, from Urban Residential-2 and Urban residential-3 (single family and two family use) to Neighborhood Commercial District. He said the zoning text amendment would add laundromats and bed and breakfast establishments as uses permitted in the Neighborhood CommercialDistrict with the issuance of a special use permit. The amendments would also slightly increase the amount of gross square feet that would be allowed in certain uses permitted within the district. He noted that the Planning Board had issued a favorable advisory opinion on the revised amendments. John Carousone, attorney representing the applicant, said the applicant is attempting to bring the Five Points area businesses in conformance with the City’s zoning ordinance. He said this is a text amendment which will allow these businesses to continue and to also increase the gross square footage and to bring in laundromats and bed and breakfast uses. Mayor Michael Lenz opened the public hearing. Marnie Onderdonk, 37 Park Place, said she was here this evening on behalf a few of the neighbors in this area who were concerned with this proposal. She said they were concerned that it would open the door to other uses. She said this is a residential area but is also a main thoroughfare to the track during the summer Page 1 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 months. She said they were all concerned with potential increases in pedestrian and vehicle traffic. She said they had no concerns with making the existing uses conform to the ordinance, however, they were concerned with additional uses. She said they were very concerned with the impact that this could have on the neighborhood. Barbara Lomdardo, 35 Park Place, said she did not support this proposal. She said she was fine with the existing businesses but was concerned with the addition of eating and drinking establishments. She said this is a residential area. She noted that the existing businesses are generally closed by 9:00 p.m. She said she wanted it to be harder for other uses to come into this neighborhood. She urged the Council to not approve this proposal. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:10 p.m. with the Pledge of Allegiance. PUBLIC COMMENT PERIOD Mayor Michael Lenz reviewed some of the guidelines for the public comment period: 1. Speakers must step to the microphone and give their name, address and organization. 2. Speakers must limit their remarks to two minutes on a given topic. 3. 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. 4. All remarks shall be addressed to the Council as a body, not solely to any member thereof. 5. Speakers shall observe the commonly accepted rules of courtesy, decorum and good taste. Mayor Michael Lenz opened the public comment period. Marsha Sprintz, 99 Oak Street, said she had spent a great deal of time gathering information on her assessment. She questioned the amount of time between notification to the property owners and the time period in which to schedule an appointment. She said it was simply not enough time. She said it is alsodifficult to view copies of the lists and suggested that they be placed on line or at the City library. She said the process to review her and her neighbors’ assessment was cumbersome in that she needed to review the books and then pull each individual property record. She also noted that the time period was not sufficient if estimates on repairs or additions were necessary. She said the City is well aware of the legal dates for preliminary assessment rolls and this initial process should have been completed much sooner. Harry MacAvoy, 13 Robinhood Court said a few weekends ago, the United Methodist Women held a rummage sale at their church on Fifth Avenue. He said signs were placed throughout the City advertising this event, however, on the morning of the sale, those signs were removed by the DPW crew. He said that after a thorough search, he found that the signs were taken to the Weibel Avenue facility and crushed. He noted that there were other garage sale signs throughout the City which had not been picked up and destroyed. He asked that when the DPW crews pick up the signs that they be held for a little while to allow time for the organization to claim them. Dave Bronner, 5 Royal Henry Court, said he was concerned with the erosion of the City’s home rulelegislation. He said there are voters in District 24 being allowed to vote in the City. He noted, however, that was done by state law. He then suggested that the City charter be changed to ensure that elected officials actually, physically reside within the City. He said they should not be allowed to live outside of the City on a technicality. He also said that he agreed with the rules of conduct for the public comment period, but was concerned that Council members had the opportunity at the end of the public comment period to address those comments. Page 2 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 He said there have been instances where Council members responding are references speakers by name. He said when the Council members respond they do not need to use individual names. He said the Mayor should enforce proper decorum on both sides. Dan Wolfe, 2 Brookview Terrace, said he recently constructed a colonial modular home behind Mr. Ed’s Ice Cream on Route 29. He said under the partial assessment he was assessed at $130,000 but with the full assessment from CLT it went to $354,000. He said that he does not have City water or sewer, no air conditioning, no pool and only three bedrooms. He said the house across the street which is much bigger, more land, more bedrooms, central air is on the market for $329,000 and has not yet sold. He questioned why his assessment was so high. Bob Cleary, 127 Van Dam Street, said he received a phone call from the school district’s attorney at 6:00 p.m. this evening telling him that the school had a zoning amendment application scheduled on tonight’s agenda. He reminded Council members that at a previous meeting there were many neighbors attending urging the Council to not approve the application. He said had they been given more notice, they would have been here. He said neighbors should be notified in due time. Phil Dixon, attorney representing the school district, said if the Council so desired, he would respond during his presentation. Mary Marcus, 257 Church Street, said her assessment went up $100,000. She said she is a single parent, living close to a substance abuse center, adjacent to a parking lot on a very busy street. She said she has an appointment on Friday with CLT but was concerned with the amount of time that was required to gather the necessary information to present her case. She said she is a single, middle income parent and there needs to be a place in the City for her. Barbara Garrow, 250 Regent Street, said she had spent 18 hours researching her assessment. She said she discovered that CLT had the wrong square footage. She said her home is assessed at $148 per square foot while other nearby homes at are at $125 per square foot. She said the other nearby parcels are larger with larger homes and driveways. She said the comparables that CLT used were from Fifth Avenue, Spring Street, Caroline Street and Broadway. She said her home is a modest home at the end of Regent Street. She said she understood that there needed to be a reassessment but there was simply not enough time allowed between the notification and the appointments to gather the necessary information to present her case. She said with assessments like this she wound not be able to live here. She said people cannot afford to move into Saratoga Springs. She said the only people who can live here are the old rich and the young rich. She said there are many big box retail operations and the Racino and asked how they impacted the tax rate. She said her taxes are now at $4,500 for her little home. She noted that there are many on fixed incomes and said with assessments like these it was pushing them out of the City. Chris Millis, 2 Marion Avenue, said he is a native Saratogian. He said he agreed with the previous speaker in that it was difficult to afford to buy a home in this City. He said there is a strong sense of the residents living here that they cannot fight City Hall. He said the Council should be protecting the citizens. He said the only reason he owns a home in the City is because his grandmother died. He said many of the City’s best and brightest are leaving the City and in one generation the uniqueness and charm could change. He said he did not know the answer but the Council needed to figure this out. He said that the “market” is when your neighbor’s can’t afford to stay in the City but it’s an injustice when it is you. He said there needs to be a tax base but he did not understand how Wilton residents did not have high taxes like the City. He asked that the Council protect him and residents like him. Commissioner Stephen Towne said he would address many of these issues under this agenda. Commissioner Matthew McCabe said the reassessment issue was not going to go away this evening. He said this is a “watershed” moment for the City and there are serious questions that need to be addressed. Page 3 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Mayor Michael Lenz said he too had received a lot of phone calls on this matter. He said there are valid concerns and agreed that some of it was confusing as well as shocking. He said he was confident that Commissioner Stephen Towne would fully address the matter though. Mayor Michael Lenz noted that there was an affordable housing task force and they too were looking at creative ways to deal with affordable housing issues. Commissioner Thomas McTygue said if speakers under the public comment period make untrue comments, he would correct those comments and would continue to do so. He said in connection with the garage sale sign matter DPW would continue to remove the signs that were placed in that the right of way. He said these signs are placed all over the City and he estimated that DPW crews have removed more than 10,000. He said if residents wanted the ordinance changed on signs then they should appear before the Council requesting a change. He said DPW was simply keeping the City clear of litter. He said perhaps DPW should let it go for a few weeks and not pick up the signs. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. MAYOR=S OFFICE Proclamation B Student Government Day (04-082) WHEREAS, one of the most unfortunate misconceptions in our nation today is the belief that our young people have no interest in civic matters. In fact, countless young Americans in every community participate regularly in community and government activities. The City of Saratoga Springs is lucky indeed to have so many young citizens genuinely interested in leaning more about their City’s institutions and government, and WHEREAS, the Benevolent and Protective Order of Elks, that longstanding and hard- working service organization, has for some time sponsored a student government participation day in our City. Through the Elks invaluable work, young people are given the opportunity each year to serve as honorary officials. They are given first hand knowledge about the work, projects, problems and solutions handled by their City’s government. The Elks’ program provides information, guidance, inspiration and encouragement to all its participants and helps to prepare them for future responsibilities and leadership. NOW, THEREFORE, BE IT RESOLVED, that I Michael Lenz, Mayor of City of Saratoga Springs, am pleased to proclaim May 4, 2004 as Student Government Participation Day. Mayor Michael Lenz introduced student Mayor Erica Dingemen noting that she is a senior at Spa Catholic. Commissioner Stephen Towne introduced student Commissioner Erin Callahan, noting that she is a member of the National Honor Society, Captain of both Varsity Girls Volleyball and Varsity Girls Basketball team, ranked sixth in her class and will attend Seaton Hall’s seven year political science/pre-law program. Commissioner Matthew McCabe introduce student Commissioner Matthew Fueston noting that he jumped right in on Monday and managed the Finance Department well. Commissioner Thomas McTygue introduced Student Commissioner Chris Hunter noting that he had spent the day with the road crews. He also said that Student Commissioner Alejandro Montenegro was unable to attend the meeting this evening but he too spent the day with the road crews. Commissioner Thomas Curley introduced student Commissioner Tina Villa noting that she had spent the day with several offices in DPS. Supervisor Phil Klein said student Commissioner Eric Hotaling was unable to attend tonight, but he spent the day at the County at several of the departments. Supervisor Skip Scirocco introduced student Supervisor Mark Auciello noting that he is astudent at Spa Catholic, member of the Student Council and jazz band. He said that he too spent a good day at the County going to the various departments. Council members all agreed that this program sponsored by the Elks Club was a good program for these students. Mayor Michael Lenz then presented them with proclamations. Page 4 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Executive Session Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting to executive session at 8:05 p.m. to discuss personnel matter. Council members returned at 8:50 p.m. DEPARTMENT OF PUBLIC SAFETY DARE Presentation Officer John Kelly, DARE Officer, thanked the Council for the opportunity to explain this program to them. He said there has been a relationship between the City and the school district for 14 years. He said for the last 14 years, there has been a police office dedicated to the school district. He said within he last four years, the local Prevention Council has partnered with the Police Department as well. He said the Police Department is not here just to arrest individuals and write tickets. He said part of their job is to educate the community. Officer John Kelly said last year they graduated 612 students in the DARE program. He said there are many aspects to the DARE program. He said they focus on family management, community laws, health beliefs, bonding, attitudes, school community, etc. He said they also sponsor the All Star Camp, which is the only one in the nation. He said the Police Department if very proud of this program and it has become a model for many communities. He said this is a four-week program held at the PBA range. He said as part of that program they focus on the students moving from the elementary school to the middle school, peer interaction, and maintain their commitment to remaining drug and alcohol free. He said it takes a lot of volunteers and donations to run this program, but they have no trouble in finding either. He then showed photographs of this summer camp. He said they do special programs such as kickboxing, Cornell Cooperative Extension, acting classes, golf lessons, automobile maintenance, fire prevention and many others. He said at the end of the camp they take the students to the middle school, hold a scavenger hunt which allows them to become more familiar with the school and teach them how to open their lockers. Officer John Kelly said last weekend there was a conference held in the City with 125 police officers from several communities. He said all of those officers took information on this program back to their communities. He said in July he would attend a national conference in Nashville and this information would be passed along on a national level. Officer John Kelly thanked all of the involved agencies including Alisa Nolan from the Prevention Council. He said they were all very proud of this program and thanked the Council for their support. Commissioner Thomas Curley thanked Officer John Kelly for this report. MAYOR=S OFFICE Introduction B Student Mayor Previously done. Executive Session Previously done. Page 5 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Long Term Parking Committee Report Harvey Fox, 343 Caroline Street, Chair, Long Term Parking Committee, displayed aerial maps of the downtown area. He said this committee started as a short term parking committee, however, then reviewed long term solutions. He said the aerial maps showed City owned lots, privately owned lots and new construction. Harvey Fox said the committee reviewed the idea of a parking garage/deck and has recommended that the two best locations are the Hub lot and the Woodlawn Avenue lot. He said the committee had done some preliminary review on financing. He said the City has $1 million existing in the parking solution fund. Mayor Michael Lenz said it was his intention to schedule a workshop for May 11 on the parking issue. He asked Harvey Fox about recommendations for revenue streams. Harvey Fox said the committee has suggested that the parking tickets be on a graduated scale, i.e., first three tickets at $20; next three at $50 and after that $100. He said funds collected above the budgeted $100,000 would then go to the parking solution fund. Harvey Fox said the other recommendation was to place parking requirements back into the T-6 district and require that developers provide on-site parking. If providing the parking was not an option for the developer, they suggested that a fee of $10,000 per parking spot be allowed as a waiver of that requirement. He noted that the estimated value for construction of a parking space in a garage is $15,000. Mayor Michael Lenz said the City would like to encourage development in the downtown area, but the City needs to work with the developers on a compromise. Harvey Fox said as short term measures they have suggested that some of the parking spaces be changed to 15 minute. He said they also recommended that there be time limits on the handicapped spots. Commissioner Matthew McCabe asked if the committee talked to the private lot owners. Harvey Fox said the only private lot owner that had been contacted was Mr. Parillo about the lot behind City Hall. Commissioner Thomas McTygue said that someone from DPW should have been involved in these meetings. He said that he is concerned with some of the ideas expressed this evening. He said he would wait until the parking workshop to discuss them though. He asked if a traffic analysis had been done on the proposal for a parking deck/garage on the Woodlawn Avenue lot had been done. He said he believed the street was too narrow and difficult to navigate. Harvey Fox said a traffic analysis had not been done. Mayor Michael Lenz thanked Harvey Fox and the committee for their work and this presentation. ACCOUNTS DEPARTMENT Reassessment Commissioner Stephen Towne said that the reassessment is only the second time it had been done in theCity. He said that over the last several years, the City has enjoyed the benefits of a robust economy and market which drives the revaluation process. He said material was distributed to Council members on matter. He said Bob Roberts, Real Property Analyst, New York State Office of Real Property Services (NYSORPS) and Mary Martuscello, Project Manager, Cole Layer & Trumble (CLT), were here this evening to answer questions. Commissioner Stephen Towne said when he came into office there was a report from a consultant, completed at the direction of the previous Commissioner, stating that a reassessment was necessary. He said beginning in 2001, the City began to deviate from the assessment to market values and then the City lost the $5 per parcel state aid subsidy for maintaining the roll. He said that amounted to between $40,000 and $50,000 per year. He said New York State requires that all properties be assessed in a uniform measure. He said that assessors are required to sign and oath stating that their rolls are uniform. He said that it was clear during his first year in office that was not the case. Therefore, CLT was hired to conduct the reassessment. He said he understood the concerns of the community noting that the assessment on his home went up $170,000. Page 6 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Commissioner Stephen Towne said he has made several presentations and also kept the Council abreast of the process. He assured everyone that no one would be shut out of an interview. He said if more time was needed than the hours would be expanded. He said there needs to be an explanation so that residents can understand how their assessed value translates into tax dollars. But there also needs to be a fair assessed value established on all properties. Mary Martuscello, CLT Project Supervisor, said in 1998, CLT did a full revaluation for the City. She said that at the time, data collectors went to all the homes, measured, took pictures, gathered all of the data and then completed the full revaluation. She said this time, the City hired CLT to maintain and update the date from 1998. She said they did not knock on doors, but did drive-bys and checked the data cards against the parcel for additions other changes to the parcel. She said building permits were pulled so that there was no actual measuring of buildings. She said in September 2003, about 10,000 property descriptions were mailed to property owners. She said approximately 5,000 were returned to the office. She said approximately 2,000 of the 5,000 had changes. Mary Martuscello then explained that they conducted a mass appraisal by pulling like properties and doing comparables. She said those values were computer generated values. She said that CLT staff then went back to all of the parcels to make sure that the newly assigned values fit the parcel. She said within the last week, 10,200 notices were mailed to properties owners. She noted that about 200 have been returned as undeliverable. Commissioner Stephen Towne said that they are trying to make the process as transparent as possible. Mary Martuscello said there are three operators standing by making appointments. Commissioner Stephen Towne said that no one will be shut out of making an appointment for an interview. He said that interviews would be held until May 21. Commissioner Thomas McTygue asked about the phones being cut off on May 7. Mary Marticello said that the phones would be cut off, but callers would be given her office phone number and instructed to call that number. Mary Martuscello also noted that phone interviews can be conducted for those individuals who simply cannot get into the office (handicapped individuals and those residing out of town). She said to date she had done about 50 phone interviews. She said property owners may also submit all of their research in writing and that would be used to review their parcel. She said that the hearings need to be completed by May 21 so that they may meet their deadline of turning the product over to the City and then the tentative assessments being released to property owners. Mary Martuscello said that for a City of this size it has had very good useable sales amounting to approximately 1,000 over the last two years. Commissioner Thomas McTygue asked what she would say to an individual who suggested that she buy her home for the newly assessed value. Mary Martuscello said she would tell them she was not in the market for a new home. Commissioner Thomas McTygue said that the preliminary assessments seem out of whack. Mary Martuscello said it is market driven. She said that comparables are used to determine the value. Commissioner Thomas McTygue said he understood that, however, he believed there were some major inequities. Mary Martuscello said that any particular parcel that Commissioner Thomas McTygue believed was unfairly assessed should be brought to her attention. She said though that much depends on the comparables. Commissioner Thomas McTygue said he believed there should have been visual inspections of the home. Mary Martuscello said that was done the last time and that is not what the City hired CLT to do this time. Commissioner Thomas McTygue said there have some major differences in the assessed values. Mary Martuscello said that there are homes that sold for $100,000 a couple of years ago that are now selling for $200,000. Commissioner Thomas McTygue said that the amount of time for property owners to do their research and get an appointment was not sufficient. She said the books should be placed at the library. Commissioner Stephen Towne said there is plenty of opportunity for property owners to discuss this with CLT and Assessment staff. He said there is also the Board of Assessment Review and small claims court. He said Page 7 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 by June 24, the tentative assessment notices need to be distributed. He said that residents will still have three weeks after that mailing to get prepared for grievance day. He said the final assessment roll must be filed in mid August. He said that no one would be shut out of an interview. Commissioner Thomas McTygue asked why the books could not be placed at the library. Commissioner Stephen Towne said that he would look into that matter. Commissioner Matthew McCabe asked how many individuals did the drive bys. Mary Martuscello said it were eight CLT employees over a period of two months. Commissioner Matthew McCabe asked how a drive by without an intensive inspection could be translated into a $400,000 assessment. He said some of these smaller, modest homes are located next to or very near larger more elegant homes. He asked if in all of her experience, she had seen another community with this type of reassessment. Mary Martuscello said that Darianne, Connecticut, which is located very near Greenwich was the only other community that came as close to this reassessment. She said it is about the same size as Saratoga Springs and had about the same amount of useable sales. Mary Martuscello said that when an individual is coming in for a hearing, they should bring as much information as possible, including recent sales information, recent appraisal, comparables and pictures. She urged residents to not spend money for an appraisal at this point. Commissioner Stephen Towne asked how many hearings had been scheduled to date. Mary Martuscello said about 1,448 so far which included the phone hearings. Mayor Michael Lenz asked when determining the assessment did they look at the most recent purchase price. Mary Martuscello said yes. Mayor Michael Lenz asked if the software models for comparables was available to the general public. Bob Roberts, NYSORPS, said the simple answer was yes for residential properties, but that it was not really a model. He said it was more of a process. He said the process uses comparables. He said a printout is available but there needs to be some relationships between the numbers and sales done after that printout. Mary Martuscello said commercial properties are assessed on an income and expense basis. She said mailers were sent to commercial properties with a very small response. She said now that the assessed values have been preliminarily established, they are bringing in their stuff. Mayor Michael Lenz asked what they should bring. Mary Martuscello said they should bring their income and earning statements as well as whatever information they believe would help. Commissioner Thomas McTygue asked how many assessments were raised and how many were dropped. Mary Martuscello said she did not have that information available at this time. Marsha Sprintz said she had great concerns about the accuracy of the assessment. She said there are eight parcels on Walnut Street that now show varying degrees of assessments. She said they were all assessed at or near $60,000 during the last full assessment now they are assessed in a range from $123,700 to $172,400. She wondered if they were assessed at full market value in 1998 how could there be such a variation under this assessment. Mary Martuscello said that without looking at the specific parcels she was not sure, but that it could have to do with the comparables. Bob Roberts said that if it was just a matter of raising everyone’s assessment “x” percent then this would be a very different process. He said, though, that was not the case. He said some areas of the City simply go up in price faster than other areas. Commissioner Thomas McTygue suggested a special meeting be held on this matter. He said that this is an item that was added to Monday’s agenda, therefore, there was little notice. He said that it is very late in the evening (10:10 p.m.) and it was time to move on. He said this topic needed more time than what could be allowed this evening. He again said this should have a special meeting. Page 8 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Mayor Michael Lenz said that this item was placed on the agenda appropriately. Commissioner Thomas McTygue said that he tried to add an item (water and sewer rates) to the agenda on a previous Monday, but was not able to. He said this is a double standard. He again said he wanted a special meeting on this matter. Commissioner Stephen Towne said he wanted to continue this topic this evening. Bob Roberts said that this reassessment does not generate additional taxes. He said that rather it was a redistribution of the tax burden. He reviewed the impact notice noting that it showed the prior year assessment and taxes and the projected assessment and taxes. He said the total taxable assessment value was the important number. He also noted that there are several exemptions for which residents may apply. Bob Roberts said the total taxable assessed value is divided by the total taxable amount to come up with the tax rate. He reminded everyone that the school district tax levy was at $30,668,509. He said their rate was $19.53 multiplied by the parcel taxable assessed value. He said the total taxable assessed value for the City was now more than $2 billion, therefore, the tax rate would be dropped to $11.31 rather than $19.53 under these circumstances. He said the City was not collecting more taxes, just redistributing them. Commissioner Thomas McTygue asked how very similar properties could have taxes go up on one and down on the other. Bob Roberts said that probably 99 percent of the parcels assessed values went up. He said though that the rates could have gone down when applying the new tax rate against the new value. Bob Roberts said that approximately 49 percent of the parcels showed an increase in taxes and approximately 51 percent showed a decrease in taxes. He said there are varying degrees of increases in assessed values noting that there were homes that went from $200,000 to $300,000 but the home that went from $100,000 to $200,000 would likely have the larger tax increase because their home went up 50 percent in value. He said the average assessment went up about 70 percent. Commissioner Stephen Towne said the tax dollars are being redistributed. He said the total taxable assessed value of the City went from $1 billion to $2.7 billion. He also noted that the tax rate is proposed to go from approximately $30 per thousand to about $18 per thousand. Commissioner Stephen Towne thanked Mary Martuscello and Bob Roberts for this information. MAYOR=S OFFICE Parking Workshop Mayor Michael Lenz requested a parking workshop be held on Tuesday, May 11 at 6:00 p.m. in the Council room. Council members agreed. Affordable Housing Trust Fund Committee Mayor Michael Lenz said that the City has some seed money of $125,000 for this program. He appointed an oversight board with the following members: Dennis Brunelle, Lucille Lucas, Stephen Sullivan, Bob Pasciullo, Dan Izarry and Brad Birge. He said this committee will report back to the Council on their work to develop policies and procedures for these funds. Maple Dell Street Name Change Mayor Michael Lenz said this item had been previously discussed at a Council meeting. He said there had been a request from Mr. Millis that the Council change one the of the street names to Maple Dell. Paul Male said the current numbering of the homes in this area is very haphazard. He said there needs to be some order so that emergency personnel can find the correct home. He also noted that letters had previously gone out to homeowners in this area, so some have already changed their addresses. He said by changing only one street name, some homeowners could be forced to change their address again. Page 9 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Mayor Michael Lenz agreed to do some more research on this item and bring it back to the Council. DEPARTMENT OF PUBLIC WORKS Henning Road Lot Commissioner Thomas McTygue said there is a rather large right of way along Henning Road that is not really a lot, but is large enough to be a lot. He said they have spoken to NYRA asking if NYRA would be willing to convey the land to the City, but they wanted something in return. He said he was now suggesting that if NYRA was not willing to convey the area to the City that the City Attorney should begin working on having NYRA pay taxes for the parcel. Mayor Michael Lenz said this could be coordinated through the City Attorney’s office. MAYOR=S OFFICE Woodland Court Mayor Michael Lenz said that he had previously distributed draft agreements on two proposed easement between property owners on Woodland Court and the City for easements to run pipeline across those properties. He said the properties are at 6 & 8 Woodland Court owned by the Conleys and Smiths. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the easements and any other necessary documents related to the transfer between the City and these property owners. Ayes all. Archaeological Review Committee Mayor Michael Lenz said the City has a large diverse archaeological resource both prehistoric and historic. He said unfortunately a great deal of this resource had disappeared through ignorance, neglect and sometimes by calculation and design. He said even with the safeguards that have been put into place, sites that would have been of great scientific and historic interest have been obliterated. He said in order to further protect and preserve the past, he proposed the creation of an Archaeological Review Committee. He said the purpose of this committee would be to make the Planning Board more aware of the presence of archaeological resources within the City, to review archaeological reports as part of the SEQRA requirements and to also advise the Planning Board of its findings. He said that on occasion the committee may visit and observe archaeological field work being performed as part of SEQRA requirements. He said this committee will begin to compile a confidential site file consisting of information pertaining to sites of archaeological interest, both prehistoric and historic situated within the corporate boundaries of the City. He then submitted the following names of individuals as members of the committee: James Walsh, NYS Museum Anthropological Survey; James Kettlewell, Professor of Art History & Architecture, Skidmore; and Frank Dean, NYS Department of Parks and Recreation. He said this committee will operate on a six-month trial basis. Grant from NYS Office of Parks, Recreation and Historic Preservation (04-083) Mayor Michel Lenz said the City recently received notification that the Design Review Commission will receive a $9,540 grant from the NYS Office of Parks, Recreation and Historic Preservation to develop an archaeological management program for the core area of the City. He said the aim of the overall program is to: identify priority areas of potential archaeological significance in the downtown area; revise procedures and ordinances to make sure that those areas are investigate; educate the public and developers about the importance of the sites. He said the local match for this grant will be provided by in kind services. He said there will be no cash match required. He said the City will use a consultant for part of the program development. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Mayor be authorized Page 10 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 to sign a contract with the state for this $9,540 grant. Ayes all. Merlin Development, 47 West Harrison Street B Zoning Amendment Application Mayor Michael Lenz said that the Council has received a revised petition from Merlin Development for a zoning map amendment that would change the classification of the property at 47 West Harrison Street from Urban Residential-3 (single and two-family residential use) to Transect Zone 5 B General Urban. He said the Council need to decide if it wants to accept this petition for study and forward it to the City Planning Board for the required advisory opinion. George Yasenchak, Engineering America, representing the applicant, said they wanted this parcel rezoned to T-5. He said the other three corners at this intersection are zoned T-5. He noted that Church Street is a major thoroughfare and this will provide for more uniformity. He also said this will give the City more control over the use and aesthetics of the parcel because the T-5 district has no permitted uses. Therefore, the parcel must appear before the Planning Board and the Design Review Commission for any proposal. He said as uses change on the parcel, the applicant will be required to appear before those boards each time. He said this evening they wanted the Council to accept the application and forward it to the Planning Board for an advisory opinion. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Commissioner Thomas McTygue asked about off street parking. George Yasenchak said there is some on site parking but the Planning Board could grant a waiver. Commissioner Thomas McTygue said he wanted to know what the intended use of the parcel might be and because that had not been identified he would not support the application. Commissioner Thomas Curley asked if there was anyone in the audience who had concerns. Alicia Wardell, Deputy Mayor said that her parents live near this area and they are concerned about parking. Bob Cleary, Van Dam Street, said he was tired of hearing the scenario that the hospital controls the development in this area. He said this is a residential area and there are many residents in this area that would like it to stay that way. He urged the Council to not accept this application for study. Commissioner Matthew McCabe pointed out that this motion was to simply refer it to the Planning Board for study and an advisory opinion. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion carried. Saratoga Springs School District, 5 Wells Street B Zoning Amendment Petition Mayor Michael Lenz said that the Council has received a revised petition from the Saratoga Springs School District for a zoning map amendment that would change the classification of about 5 .5 acres of land at 5 Wells Street from Urban Residential-2 (single family residential) to Office/Medical Business District. He said this land includes two different tax parcels. He said the Council needs to decide if it wants to accept this petition for study and forward it to the City Planning Board for the required advisory opinion Phil Dixon, attorney representing the school district, reminded Council members that several meetings ago, the school district submitted a joint zoning amendment application. He said that application was withdrawn though. Phil Dixon said 5 Wells Street has been owned by the school district since 1961. He said their administrative offices were located in this building until very recently when they moved to the high school complex. He said Page 11 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 this application includes the parking lot behind the building and the parking lot across the street. He said the school district is under contract with Dr. Spingarn for him to purchase the building to be used for his medical practice. He said at this time they are requesting that the Council forward this application to the Planning Board for the advisory opinion. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the application for study and to send it to the City Planning Board for an advisory opinion. Dr. Springarn said that while he is not a direct participant in this application, it is his intent to meet with the neighbors on this proposal. Bob Cleary, Van Dam Street, said he wanted to reiterate what the 13 petitioners stated at the last meeting. He said the bottom line is the neighbors do not want this application approved. Dr. Spingarn, 4 Leeward Way, said this is an office building and has been one for quite some time. He said the neighbor’s original concerns were with the joint application. He said that while Bob Cleary states that the neighbors do not want this application approved he has not stated what the neighbors want. He said he also did not believe that there was an overwhelming feeling of the neighbors against a medical use in this building. Ayes: three; Nays: two (Commissioners Matthew McCabe and Thomas McTygue). Motion carried. Transportation Improvement Escrow Accounts (04-084) Mayor Michael Lenz said that in 1992 the Planning Board worked with NYS Department of Transportation to set up special process by which the Board would collect a mitigation fee for future traffic improvements in the Saratoga Plateau area and deposit the money in a special escrow account. Ten years ago the Council gave blanket authority for the Mayor to sign all such legal agreements relating to these escrow accounts. He said the Council has received a request from the Planning Board to expand the current escrow agreement program to include future transportation improvements, especially in the Excelsior Avenue corridor and the Outer Church Street area. In both these areas, the Planning Board is in the process of developing a list of transportation improvements that will need as a result of future developments. Therefore, Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the agreements with the Planning Board applicant on an as needed basis for the establishment of traffic mitigation escrow accounts pursuant to requests of the Planning Board. Ayes all. Recreation B Skate Park Labor Positions Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the addition of a labor position at $9.50/hour, 40 hours per week. Ayes all. Recreation B Fundraising Letter Mayor Michael Lenz informed Council members that the Recreation Department recently sent out a Fundraising letter for the skate park. Recreation B St. Clement’s Gym Agreement Mayor Michael Lenz said that while this item did not need to be voted on by the Council he wanted the Council to be aware that there would be an agreement between the City Recreation Department and St. Clement’s for the use of the gym. He noted there was an increase of $1/hour. He said the agreement would be signed by the Recreation Commission. Page 12 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Recreation B Hourly rate of recreation coordinators Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the hourly rates as presented (Attachment A). Ayes all. Recreation B Kinderskating & Public Skate Fee Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the Kinderskating & public skate fee rates as presented (Attachment A). Ayes all. Part Time Building Inspector (04-085) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the establishment of the part time building inspector position (May through September) at the rate of $30/hour. He said this position would be filled by Jeremiah Healy. He said that the liability will be borne by the City and he will use his personal automobile insurance and vehicle. He said there may be an occasion when he may use a City vehicle. He said this was also subject to union approval. Ayes all. ACCOUNTS DEPARTMENT Introduction B Erin Callahan, Student Government Representative Previously done. City Council Minutes B April 6, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 6 Council meeting minutes. Ayes all. City Council Minutes B April 8, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 8 Council meeting minutes. Ayes all. Commissioner Thomas McTygue said that he may at some point want to come back to the Council with an amendment to these minutes. City Council Minutes B April 13, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 13 Council meeting minutes. Ayes all. City Council Minutes B April 20, 2004 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the April 20 Council meeting minutes. Ayes all. Award of Bid B Heavy Duty Dump Truck with Dump Body & Plow Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the heavy duty dump truck with Page 13 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 dump body & plow to H.L. Gage Sales, in the amount of $110,374.00 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Award of Bid B Heavy Duty Single Axle Type Municipal Dump Body & Hoist Package Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the heavy duty single axle type municipal dump body and hoist package to T&T Sales, Inc., in the amount of $15,912.00 (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Five Points Zoning Amendment (04-086) Commissioner Stephen Towne said that pursuant to the Council’s March 17, request, the Planning Board reviewed the proposed zoning amendments submitted by Kimberlee Helenek, Stephanie Melvin and Dennis & Julianne Brida for some text amendments in the list of permitted uses in the Neighborhood Commercial District and for a map amendment to change the classification of three parcels (about 0.6 acres) at the Five Points intersection from Urban Residential-2 and Urban Residential-3 to Neighborhood Commercial. He said the Planning Board discussed the request at their April 14 meeting. The Board worked with the petitioners to make a number of minor changes in the proposed text amendments for the Neighborhood Commercial District. The revisions were reflected in the summary of the text amendments and were endorsed by the petitioners. Commissioner Stephen Towne said that following the discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed revised zoning text and map amendments with the following comments: 1. The Board believed that the proposed map amendment and the revised text amendments are not contrary to the general purpose and intent of the zoning ordinance. 2. The Board also believed that the proposed map amendment and revised text amendments are in accord with the Comprehensive Plan. Therefore, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to issue a negative SEQR determination for the adoption of the zoning map amendment changing three parcels from Urban Residential-2 and Urban Residential-3 to Neighborhood Commercial and the zoning text amendment revising the permitted uses within the Neighborhood Commercial District. Commissioner Stephen Towne asked if the neighbors appeared before the Planning Board to express their concerns. Geoff Bornemann, City Planner, said there were some neighbors at the Planning Board meeting. He said the Planning Board, themselves, raised most of the issues and discussed them at great length. He said this the second proposed Neighborhood Commercial District with the first in the Beekman Street area. He said the Planning Board agreed that this is a very small tight neighborhood. He said under the Neighborhood Commercial District guidelines, any application for commercial use is done by a special use permit application with notification to the property owners. He said the Planning Board believes that this is an effective way to address the applications on a case by case basis. He said there have been several applications in the Beekman Street Neighborhood Commercial District but there have been many modifications made to those applications because of the neighbors’ concerns. He said the Planning Board believes this proposed concept is a good use for this neighborhood. Commissioner Thomas Curley asked about the comments from the traffic department. He said he believed that Mark Benequista made some comments on traffic and parking. Geoff Bornemann said there were no comments received from that department. He said the Planning Board is well aware of the traffic concerns. Page 14 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 He noted too that the eating and drinking establishments will be limited to 40 seats, limitation on hours of operation, building code issues that must be met, etc. He said that there are many issues that applicants will need to deal with before getting an approval. He said the Planning Board could deny an application because of inadequate parking or they could waive on site parking requirements. He said those are issues that would be discussed during the application process. He also noted that there will be Design Review Commission review. Commissioner Thomas Curley said Mark Benequista, Traffic Department, expressed some concerns with the overall zoning change in this area. Commissioner Matthew McCabe asked what would happen to the existing businesses if this was notapproved. Geoff Bornemann said they would continue to exist, however, if they wanted to make any changes to their business, they would be required to appear before the Zoning Board of Appeals and prove financial hardship, which is difficult. He also noted that the bed and breakfast is currently licensed as a rooming house and with the new Lodging and Eating & Drinking Establishment Ordinance, it was likely that they would not be able to obtain a rooming house license, nor a bed and breakfast license. He also said that the small store wanted to expand some of their services for items such as sandwich making. He said they are currently prohibited from doing such; but if this application was approved, they would be able to do so. He said the barber shop will be closing soon and under the existing zoning can only be replaced by exactly the same use. Commissioner Matthew McCabe clarified that each application would be considered on a case by case basis. Mayor Michael Lenz said yes, but the decision would be made by the Planning Board. Geoff Bornemann said they would need to apply for a special use permit. Commissioner Thomas McTygue clarified that if there were enough complaints from neighbors, the application could be denied. Geoff Bornemann said yes. Mayor Michael Lenz asked exactly how many parcels were involved. Geoff Bornemann said just the three listed in the application. Commissioner Stephen Towne asked about the notification to neighbors. Geoff Bornemann said that notifications of pending applications would be made to property owners within 250 feet of the parcel and at least 7 days before the hearing. Commissioner Thomas Curley asked why the eating and drinking establishment alternative was added to this application. Geoff Bornemann said to be consistent with the Beekman Street Neighborhood Commercial District. Commissioner Thomas McTygue asked who would have the ability to deny an eating and drinking establishment application. Geoff Bornemann said that would be done at the Planning Board. Commissioner Thomas Curley said because of some concerns, he would not support this application. Ayes: two; (Mayor Michael Lenz and Commissioner Stephen Towne); Nays: three. Motion denied. AED Implementation (04-087) Commissioner Stephen Towne said the Council accepted the donation of an Automated External Defibrillator (AED) from Saratoga Care at the January 20 City Council Meeting for placement at the Weibel Avenue Ice Rink. The Safety Committee worked to develop policy and protocol for the AED as part of a Public Access Defibrillator (PAD) Program. Contractual agreements with the Regional Emergency Medical Organization Page 15 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 (REMO) and the NYS Department of Health must be executed in order for the device to be installed and utilized. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the Public Access Defibrillator Program that was previously distributed to the Council (Attachment B). Ayes all. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the Sudden Cardiac Arrest Public Access Defibrillator Response Guidelines that was previously distributed (Attachment B). Ayes all. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the REMO collaborative agreement on behalf of the City as the Public Access Defibrillator Provider and note that the document also requires the signature of Dr. Timothy Brooks as the physician representing the Emergency Health Care Provider. Ayes all. Commissioner Stephen Towne thanked the following individuals for working on this program: Thomas Knight, Chief Cogan, Bill McTygue, Tony Izzo, Linda Terricola, (Fire Department, Public Works, Mayor’s Office, Accounts and Recreation) and the Safety Committee as a whole. NYSEG New Accounts Commissioner Stephen Towne said that at the April 8 Council meeting, the Council voted unanimously to authorize the Mayor to sign the electricity renewal contract with NYSEG. The vote was contingent upon review by the City's Risk Manager and verification of the existing 57 accounts for accuracy by each department. In reviewing the accounts, an additional 37 accounts were identified for inclusion in the new NYSEG contract. Five were identified by Public Works and 32 were identified by Public Safety. He said the City was now up to 94 accounts. He thanked both Public Works and Public Safety for their cooperation in this effort. Risk Management Monthly Report Marilyn Rivers said that she had been working with NYMIR and Departments on loss prevention survey updates including: East Side Recreation Complex, City Hall, Senior Citizen’s Center, Heritage Area Complex and Skate Park Complex. She said that ANSI/ISEA 107-1999: American National Standard for High-Visibility Safety Apparel had been distributed to departments per the requests from DPW and DPS. Marilyn Rivers said City Hall will have its first fire drill in June. She said she had been working closely with Tom Knight, Vince Arpey, Sgt. Jack King and Chief Cogan on this matter. She said material from the Local Cornell Roads Education Program continues to be distributed to departments. Marilyn Rivers said June is National Safety Month and extended an invitation to Council members to come up with ideas for National Safety Month which could be brought forth to the community as an awareness campaign. July 4th Family Fun Day -- Waiver of Vendor Permit fees. Commissioner Stephen Towne said that the recently revised vendor ordinance provides discretion to the Commissioner of Accounts for the waiver of vendor permit fees. He said that this coming July 4 is the City’s annual family fun day in Congress Park at which many vendors will, based on past experiences, again be looking to set up stands for food, etc. He said this will also be the first time that any vendors interested in participating will be required to obtain a permit. He said the ordinance requires that an annual fee of $250 be charged for a vendor permit. He noted that many of the vendors participating in this event such as the Rotary Club, Jaycees, Pop Warner, Knights of Columbus and others are not-for-profit entities. He said that due to their not-for-profit status, he would like to propose to waive the vendor application fee of $250 for those not-for- profit organizations. For-profit organizations will still be required to comply with the ordinance and pay the application fee. Page 16 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Therefore, Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to waive the application fee based on the finding that the participation of the not-for-profit organizations is in the public’s interest and convenience. Ayes all. Reassessment Previously discussed. FINANCE OFFICE Introduction: Matthew Fueston, Student Government Representative Previously done. Payrolls B Approvals Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the following payrolls: April 23, 2004 B $348,780.91 and April 30, 2004 B $348,344.24. Ayes all. Warrants B Approve Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2004 Regular Warrant 5/4/04 1MAY04 $ 454,187.56 2004 Mini Warrant 4/28/04 MC040428 $ 242,721.07 Ayes all. 2004 Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2004 budget amendments previously distributed with the agenda. Lines 1 and 2 are to record a collection for brochure rentals at the Visitor Center. Lines 3 through 6 are to accept deposits for traffic studies on Geyser Road and Excelsior Park Phase II. Lines 7 and 8 represent a refund from Niagara Mohawk for DPW accounts. Lines 9 through 12 are a reimbursement for public safety overtime from New York State for the STEP and BUNY grants. Lines 13 and 14 are to record the donation from Stewart’s Shops for skate park renovations. Lines 15 and 16 are to record video sales and brochure rentals at the Visitor Center (Attachment C). Ayes all. Parking Resolution B Set Public Hearing Commissioner Matthew McCabe said that a public hearing needs to be set for the parking resolution that was adopted at the last Council meeting. He requested that it be set for May 18 at 6:55 p.m. Council members agreed. 2003 Annual Update document filed with New York State Deputy Commissioner Christine Gillmett-Brown distributed the preliminary financial report for the fiscal year ended December 31, 2003. She said that reporting will be done differently this year because of the new accounting standards. She wanted Council members to be aware that the numbers would look different in the financial statements as compared to this report. She said it is necessary to prepare both this report and the financial statements because the state is still using the old format. Deputy Commissioner Christine Gillmett-Brown said that there was a fund balance on December 31, 2003 of $5,440,000 of which$387,000 is unreserved and unappropriated. She said the General Fund had an operating Page 17 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 deficiency in 2003 of $1,455,000. She said this is the second year in a row that there has been an operating deficiency. She said that due to the lateness of the hour, she would not take the time to review this report in detail, but encouraged Council members to do so. She said Council members should review the revenues, general fund, water & sewer fund and City Center Authority budget. She pointed out the debt limit, tax collection rate, accumulated sick and compensatory time. She noted that employee benefits and personal service represents 78 percent of the entire General Fund. Commissioner Matthew McCabe said that since 1999 the budget has gone up nearly 50 percent. He informed everyone that this report was available to the public. DEPARTMENT OF PUBLIC WORKS Introduction: Chris Hunter and Alejandro Montenegro, Student Government Representatives Previously done. Henning Road Lot Previously done. Hazardous Waste Day Commissioner Thomas McTygue said last year the City held a hazardous waste collection day on June 7 for the residents of the City. He said the City applied to the state for reimbursement for half of the $65,000 to sponsor that day. He said as of today, the City has not received any monies from the state. Therefore, he said that he could not advocate holding another collection day because he did not have the money in his budget to cover such a expense. Court Maintenance Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract for the City Court cleaning and maintenance that was previously circulated. He said this is the same contract as previously approved, however, the City has overspent that contract by approximately $5,000. Ayes all. Step Changes (04-088) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to change the step of the Superintendent of Buildings and Grounds from a Grade 14, step 4 to a grade 14, step 8 and to change a meter service worker, Skip Colucci, from a grade 6, step 4 to grade 6, step 8. He said the money was within his budget. He said these changes would take effect on May 10 and they would maintain their anniversary dates. He said this was subject to Union approval. He said he wanted a union representative from the state to come up here and sign off on this proposal. Commissioner Stephen Towne said that he had some reservations about this, but understood that for consistency reasons, it must be done. Ayes all. DEPARTMENT OF PUBLIC SAFETY Page 18 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Introduction: Tina Villa, Student Government Representative Previously done. Police Update Previously done. Survey of City to determine smoke detector coverage Commissioner Thomas Curley said the Fire Department would be doing a smoke detector coverage survey. He said this will be done with the assistance of Elliot Masie who will set up a WEB site. He also noted that DPW has agreed to add a note to their next water bill about this survey. He said Fran Murphy, Fire Department, will be making presentations before the many neighborhood associations as well. Commissioner Thomas McTygue reminded Council members that the City still has a number of smoke detectors available for free. Military Leave Resolution (04-089) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded the following resolution. RESOLUTION AUTHORIZING CERTAIN BENEFITS FOR ACTIVE MILIARY DUTY CITY EMPLOYEES WHEREAS, this nation is now engaged in military operations against terrorism, and WHEREAS, the City of Saratoga Springs, has within its employ members of various military reserve and National Guard Units, and WHEREAS, one City employee has already been called to active military service, and WHEREAS, other City employees, with a reserve or National Guard obligation, could suffer significant economic hardship if called to active service, and WHEREAS, this City Council finds it in the public interest to insure that military service in the time of war does not impose economic hardship on City employees, and their dependents, NOW, THEREFORE, BE IT RESOLVED, that this Council authorize and direct that those City employees who are currently members of the reserve or National Guard be, upon being called to active service, compensated by an amount equal to the difference between their respective gross regular City salary at time of call their gross military pay, and BE IT FURTHER RESOLVED, that said employees be entitled to proportionate FICA and retirement benefits, and BE IT FURTHER RESOLVED, that the City continue current medical insurance benefits, if currently provided, to said City employees with dependents only. Ayes all. SUPERVISORS Time Warner Check Phil Klein presented the Council with a check from Time Warner in the amount of $274,000. ADJOURNMENT Page 19 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 4, 2004 Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to adjourn the meeting at 11:45 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 11:45 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 20 of 20

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