City Council
Regular MeetingSaratoga Springs, NY · November 8, 2004
Minutes
CITY OF SARATOGA SPRINGS
CITY COUNCIL MEETING
CITY COUNCIL ROOM
MONDAY, NOVEMBER 8, 2004
5:45 P.M.
PRESENT: Commissioner Thomas Curley, DPS
Michael Lenz, Mayor
Commissioner Matthew McCabe, Finance
Commissioner Thomas McTygue, DPW
Commissioner Stephen Towne, Accounts
SUPERVISOR: Phil Klein, Supervisor
ABSENT: Anthony Scirocco, Supervisor
STAFF PRESENT: Pat Design, Deputy Commissioner, DPW
Matthew Dorsey, City Attorney
Erin Dreyer, Deputy Commissioner, DPS
Alicia Wardell, Deputy Mayor
Lynn Bochner, Finance
CALL TO ORDER
Mayor Michael Lenz called the meeting to order at 5:45 p.m.
PUBLIC COMMENT PERIOD
Mayor Michael Lenz opened the public comment period. There being no one wishing to speak, Mayor Michael
Lenz closed the public comment period.
DEPARTMENT OF PUBLIC SAFETY
Executive Session
Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to adjourn to executive session at
5:47 p.m. for the purpose of litigation discussion. Ayes all. Council members returned at 6:00 p.m. Mayor
Michael Lenz reported that no action was taken.
MAYOR=S OFFICE
Amendment of Section 231-48C of the City Code
Mayor Michael Lenz requested that a public hearing be set for November 16 at 6:35 p.m. on this matter.
Commissioner Thomas McTygue objected to changing this ordinance because there is an existing law suit
filed by Tom Roohan. He said that water connection fee applications are directed to his department and
signed by his department. He said the developer is required to present a check that will guarantee the
connection. He also questioned the participation of Commissioner Stephen Towne in this matter because he
is related to and works for Tom Roohan. He said it was premature to schedule a public hearing on this matter.
He said this ordinance should stay in its existing form.
Commissioner Thomas McTygue said presently his department is working with the State of New York on
submitting an application for state’s review which would grant the City a permit to draw water from Saratoga
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City of Saratoga Springs City Council Meeting
Monday, November 8, 2004
Lake. He said that permit would allow the City to put a pipe in the ground. He said there were many more
discussions to be had on the alternate water source matter.
Mayor Michael Lenz said what he was proposing was a procedural matter and he was not removing any
abilities from DPW. He said his proposal was for the water connection application to be submitted before
applications are submitted to the Planning Board and the Building Department. He then read the proposed
change to the ordinance.
Commissioner Thomas McTygue said there has been only one complaint about this process and that was
from Tom Roohan. He said his department is not holding up the process when building permits still are 12 to
16 weeks out.
Mayor Michael Lenz said the building permit lead time has been reduced to between seven and eight weeks.
He said the essence of his proposal would not impact DPW’s ability to determine whether a connection is
made to the system.
Commissioner Thomas McTygue said that many developers are under the assumption that when they submit
their check they can tap into the water lines. He said there is much more involved than just completing the
application and submitting a check.
Bill McTygue, Director, Utilities, said in the Council’s eagerness to streamline the process, they need to remain
mindful and not create problems with communications among the departments. He said there are checks and
balances that are already in place. DPW needs to agree that it is a valid water connection before the permit
can be issued. He said the Building Department needs to be assured that there is a water connection permit
before the building permit is issued. He said the administrative process needs to be maintained.
Commissioner Thomas McTygue said presently there are more than 600 approved units to be built in the City.
DPW needs to be cautious when reviewing these applications. Developers are demolishing smaller, older
homes and then replacing them with newer, larger homes that may require fire suppression systems. He said
he is not holding anyone hostage. He is requesting the permit from the New York State to allow the City to
draw from the lake. He again said this does not put a pipe in the ground. He said if the County plan does not
come to fruition, then where would water come from. He said Saratoga Lake has clear, clean water and he did
not want to draw contaminated water from the upper Hudson. He again objected to changing the ordinance.
Mayor Michael Lenz said the two items (drawing from Saratoga Lake and water connection fees) are not
related. He said his proposal was for a clarification of the water connection service fee agreement.
Bill McTygue said he had discussions with the Building Department and told them that it was not the intention
of DPW to hold up the permit process. However, the Building Department cannot issue a building permit until
they have all of the required paperwork in their fields.
Mayor Michael Lenz said his proposal would allow for the submission of the water service agreement before
submitting applications to the Planning Board and Building Department.
Authorize Mayor to sign grant application for Church Street Improvements (04-210)
Mayor Michael Lenz said the City has an opportunity to submit to the Capital District Transportation Committee
by November 15, 2004, grant applications for transportation improvements. The Council has an opportunity to
resubmit a grant application for Church Street improvement at the intersection of Myrtle Street near the
hospital. He previously distributed a copy of the grant application for this project that was submitted in
November 2002. The City is in the process of updating the cost figures for that project. If the application was
funded, the project would be scheduled for construction sometime over the next three to five years. At worst
the City would be responsible for 20 percent of the total cost of the project.
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Commissioner Stephen Towne clarified that the previous application was for project cost of $580,000. Geoff
Bornemann said those are old figures. He said the current application is for $1.2 million with a 20 percent
match. He said it was likely that the state would pick up about 15 percent, thereby leaving the City with a 5
percent match. This is very similar to the previous West Avenue project.
Matthew Jones, West Avenue Special Assessment District, said that they support this proposal.
Commissioner Thomas McTygue asked Matthew Jones to look into the two light posts near One West Avenue
and have them repaired. Matthew Jones said he would do so.
Mayor Michael Lenz said it would be good for the City to be able to leverage a $1.2 million project with a 5 or
20 percent match.
Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to
resubmit this grant application with the revised cost figures. Ayes all.
FINANCE OFFICE
Victorian Streetwalk
Commissioner Matthew McCabe announced that NYRA had agreed to allow the City to use one of their
parking lots as an outer parking area during the Victorian Streetwalk.
ADJOURNMENT
Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 6:30
p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 6:30 p.m.
PUBLIC HEARING
2005 Comprehensive and Capital Budget Workshop
Mayor Michael Lenz opened the public hearing.
John Krause, 227 Grand Avenue, praised Commissioner Matthew McCabe’s efforts on the progress to date of
the budget. He said he hoped for a fair budget that would not burden the tax payers. There should be a
reasonable tax rate. This year’s rate was $7.08 per thousand which was a 14.3 percent over the previous
year. The recent revaluation increased the City’s assessed value by 68.5 percent. This should drive down the
tax rate to between 30 and 34 percent. The school budget tax rate went down 32 percent and the library went
down 33 percent. The City’s first budget was only down by 24 percent for the tax rate. The initial net tax levy
increase is at 28 percent. The Council should get the numbers down to between $4.20 and $4.50 per
thousand. The revenues needed to be reviewed. There is an automatic $2 million savings because the
pension payment plan is not due until 2005. He suggested that the Council tentatively approve projects
dependent upon items such as the sales tax coming in at projected levels. Don’t let the revaluation cover up
excessive or out of control spending. He then submitted a brief summary of a proposed 2005 budget that
could be used as a guide.
Mark Lawton, 209 Nelson Avenue, said the scenario presented by John Krause is meant to provide the
Council with the fiscal conditions of the City and what they can or should be. He urged Council members to
reread the charter. The City is required to have a six year capital plan. Capital projects not included in the
capital plan cannot be appropriated except under emergency expenditures. The capital plan must be attended
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City of Saratoga Springs City Council Meeting
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to before the final comprehensive budget can be adopted. The Commissioner of Finance is required to submit
a balanced budget and to maintain a balanced budget throughout the year. The charter committee is willing to
assist Council members. The charter requires more preplanning and requires finished documents before
public hearings can be held. There is still another cycle for the Council to fully implement the new charter.
Linda Terricola, Recreation Department, encouraged the Council to consider reinstating funds for the
recreation facility. She said that programs such as Camp Saradac need a summer home. She said that out of
the $42,000 eliminated from their budget, only $10,000 is up for consideration. She asked that the Council
consider including $25,000 for a DPW crew member to maintain the fields. She then distributed a detailed
description of the remaining funds she was requesting for their operating budget. She noted that the
registration fees include the cost of a t-shirt, therefore, the expenditure and revenue lines needed to be
adjusted to reflect the $5 cost as part of the $40 as a revenue. The remainder of their request is for supplies
to operate programs.
Tim Mabee, Chair Special Assessment District, said all of the construction in the downtown area is causing a
parking problem. He asked that the Council consider adding another Parking Enforcement Officer at a total
cost of about $35,000. He said the current Parking Enforcement Officer writes about $80,000 worth of tickets
each year.
Tyler Hoosier, Wagon Wheel Trail, said the City needs a recreation center. He said it is hard to travel to the
many gyms throughout the area.
Joy King, Vice Chair of Recreation Commission, said it was time to construct a recreation facility. It is difficult
to schedule gym times because of changing priorities at the school. There have been four sites identified for a
recreation facility and asked why it was taking so long to choose one. She also noted that a recreation facility
could hold other programs such as ballroom dancing or boxing. There are many revenue generators for a new
facility and the uses are endless. The facility would be used by all and not just the youth.
Mayor Michael Lenz said the Council is working on identifying a location, however, much of the discussion is
taking place in executive session.
Commissioner Thomas McTygue said the Council needs to deal with the fact that the City attracts youth from
surrounding communities, which in turn increases enrollment and the need for space. He said if the City was
to limit the programs to the residents of the City then there would not be a need for the larger facilities that will
burden the residents. The City continues to allow the programs to expand and in some cases there are more
youth from outside of the City than from within the City. It is wrong to let all of these children participate. No
other community is funding these programs. Special programs such as the ballroom dancing also increases
the price of a facility. He supports two smaller facilities one on each side of the City.
Margie VanMeter, 175 Washington Street, asked for clarification on truck enforcement revenues. It was noted
that the revenue to date was less than the previous year. Commissioner Thomas Curley said that could be
due to drivers abiding by the law and that the City is working with the local trucking companies to increase
their awareness of laws. He said this indicates that the program is working. Margie VanMeter asked about
signage for speeding. Commissioner Thomas Curley said the City has a flashing DOT type sign that is placed
strategically throughout the City. Margie VanMeter asked if the City should consider abandoning the Connolly
plan.
Jim Cornick, Police Department, submitted his comments to the Council. He said he was here this evening to
request that the Council give consideration to the repeater system at about $31,000. He said they also need
some funding for repair and maintenance of their facility.
Joe Carey, President PBA, said the canine unit has been in existence for many years. He said that dogs need
to be replaced between seven and nine years and they are requesting to replace a dog this year at a cost of
$5,000, however, that funding was not included. The cost of maintenance for the dog is allocated at $1,000
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which is not enough. He also asked that the tuition reimbursement line be reviewed. He said that $7,500 had
been allocated, which was not enough. In 2003, nearly $27,000 was expended and in 2004 $14,000 was
expended. He anticipated the figures increasing.
Carrie Woerner, Saratoga Springs Preservation Foundation, asked for the Council’s support and funding. She
said they maintain the City’s archives of historic buildings and work with the residents of the City. They also
provide services to the City on an as needed basis for the Design Review Commission. They also work with
property owners in the historic district. They will assist the DRC on revising the sign ordinance to make it more
appropriate for downtown merchants. They are looking at widening the historic district and to also review
demolition by neglect. She asked the Council for their support.
There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing.
Workshop
Commissioner Matthew McCabe said he was working on compliance with the charter and said that should be
accomplished in the appropriate time frame. The next budget cycle for 2005/2006 will be crucial for the City.
There is no break in the retirement payment plan only a postponement. He said he received a letter today
from the state with information that will have a drastic impact on the budget.
Commissioner Matthew McCabe said it was his intent to adjust the bonding amount for the parking deck. He
said it was imperative to determine which developer would give the City the best terms and timing for payment.
It was good news that the County offered $300,000 per year for four years for the construction of a deck. He
said he would likely bond about $500,000 and use the remainder for the design phases of the recreation
facility and the EMS facility. The City needs to move forward on major projects. The Council needs to focus on
decreasing expenditures. The City’s share of the OTB is declining and as the mortgage tax likely will also.
Commissioner Matthew McCabe asked Commissioners to go back through their budgets to see what they
could live with or without according the information he distributed earlier today. He said he understood there
were seasonal expenditures. He said there are some line items with substantial amounts of money that need
to be revisited.
Commissioner Stephen Towne asked if he wanted Council members to respond in writing or verbally.
Commissioner Matthew McCabe asked Council members to review their budgets and get back to him in any
way they see fit. He said for example, the Mayor’s office allocated $37,500 for the Human Resources
Administrator for the year but they will spend much less. The question is what would happen to the remainder
of the money. He said he was looking for those areas where there were funds that may not be fully expended.
He also noted that there were approximately $182,000 of contractual obligations that had not been included in
the initial budgets. Next year will be an extremely difficult year. He said he hoped to have a budget to Council
members by Friday and budget approval by November 16.
Commissioner Stephen Towne said there was no question that there is a fair amount of cutting to be done. He
said the deferment of the pension payment is unusual. The additional $1 million of expenditures due because
of the charter and $600,000 for contractual obligations need to be considered. He said the sales tax revenue
line has been optimistic, which is one of the few that have been. However, most revenue lines have been
conservative. Some revenue line items can only be projected through the “best guess” scenario. He said,
though, that the City could be somewhat more aggressive in some line items.
Commissioner Matthew McCabe asked that Council members review the distributed material and get back to
him in anyway they were comfortable. He wanted the information before Wednesday night though. He asked
for another workshop on Wednesday evening.
Commissioner Matthew McCabe said it might be time to look at the transfers more aggressively. It was time to
rebuild the surplus and contingency.
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Commissioner Thomas Curley said about 90 percent of his budget is labor oriented. He said the only things
that he could cut was the purchase of equipment. He said they have gone to leasing to save some money.
He said he would do his best to review the budget and get back to Commissioner Matthew McCabe by
Wednesday.
Next Budget Workshop
It was agreed to set another budget workshop for Wednesday, November 10 at 5:30 p.m.
There being no further business, the meeting was adjourned at 7:40 p.m.
Respectfully submitted,
Kathy Moran
Clerk
Approved:
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