City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 21, 2004 6:45 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 Anthony Scirocco, Supervisor STAFF PRESENT: Pat Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Erin Dreyer, Deputy Commissioner, DPS Deborah B. Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor Lynn Bachner, Finance CALL TO ORDER Mayor Michael Lenz called the meeting to order at 6:00 p.m. Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to adjourn to executive session to discuss land acquisition and labor contracts. Ayes all. Council members returned at 6:45 p.m. and reported that no action was taken. PUBLIC HEARING Peddling & Soliciting Ordinance Tony Izzo reviewed the proposed changes to the Peddling & Soliciting Ordinance (Vendor Ordinance). He noted that there were seven modifications, however, the more important of the seven was the elimination of vending near the Saratoga Race Course. He said there was some concern expressed by Council members that they could limit their ability to allow vending near the track by adopting the proposed ordinance. He sent a memo to Council members earlier today recommending text that would allow for vending near the race course by a four-fifths vote. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. PUBLIC COMMENT PERIOD Mayor Michael Lenz said the Council would allow 15 minutes for the public comment period this evening with a maximum of two minutes per person. He reminded everyone that the Council has adopted rules of conduct and asked that all abide by those rules. Chris Millis submitted a petition with 300 signatures in support of the lake option. It is a redundant source and the best value. The County plan is only a concept. Saratoga Lake will not become a reservoir. This has become a NIMBY issue. The lake residents don’t care where the water comes from as long as it is not the lake. The majority of those who spoke at the December 14 public hearing were lake residents. He asked what would the residents of Stillwater think if Saratoga Springs residents appeared in mass at one of their town board meetings. The Council should do the right thing and choose the lake. Page 1 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Wilma Koss, 160 Kaydeross Park Road, said there has not been an explanation of how the City will pay the cost overruns for the lake option or the interest on the loans. The Council should commit to the residents that only the users will be charged and not paid for through the general budget or property taxes. Large users such as the hospital and Skidmore are exempt from paying taxes. She said the City should find out how surrounding towns have been able to commit to the County proposal without a completed SEQR. The City started to isolate itself when it withdrew from the tax formula. David Bronner, 5 Royal Henley Court, said he is a proponent of the Hudson River option. The City has reached a point where a decision needs to be made and the best way to do that is to look back on previous decisions, such as the sales tax issue. The Mayor recently voted against a double digit tax increase. Commissioner Thomas McTygue was a proponent in leaving the sales tax formula and the City has now lost several million dollars. Commissioner Thomas McTygue also supported a double digit increase and he doesn’t live in the City. Lela Doyle, Route 9P, said the Council has dual roles as Council members and lead agent. The role of lead agent requires that the Council look after the interests of all those impacted by this project. The Council is legally obligated to do so. When acting as lead agent, the Council is responsible for all impacted parties and that includes those people who do not live in the City. Jeanette Bruno, 7 East Cove Road, Commissioner of SLIPD, said the County alternative will be cheaper. The County option will cost 58 cents per thousand to produce water, while the City’s plan will cost $1.35. The City does not have to buy all of its water from the County. The City can buy what it needs at $1.95 per thousand. The County needs to sell an additional 1.5 mgpd. If the City buys 1.5 mgpd over a four year period, it will be $500,000 cheaper than the City’s proposal. Cheryl Keyrouse, 13 Wampum Drive, said she was here tonight to bear witness to one of the biggest, long term decisions that this Council will make. She asked if there was research completed on regional water alternatives around the county and its impact to surrounding communities. She asked how regional solutions impacted those communities. Paul Pennsebene, 355 Jefferson Street, supported the lake option. The thought that the County option is less expensive is a distortion. Loughberry Lake continues to be viable. The City proposal will cost less per gallon than the county proposal. What will the County charge the City after ten years? If the City chooses the County option, it will be the first step for the City in getting out of the water business. What will happen to the existing filtration plant? Will it be maintained and updated? Buying water from the County will simply add to the City’s overhead. The people from around the lake have been provoked and the Council has gone out of its way to reinforce their fears. Phil Diamond said the lake is the most cost effective and safest method for the City. The City should not lose control of its water. At the public hearing, Council members were continually reminded that they represent City residents but it did not appear that they were doing that. Those Council members who do not chose the lake option, will not be sitting at the Council table next year. Mayor Michael Lenz closed the first public comment period. Commissioner Thomas McTygue said he owns three properties in the City, therefore, he is a legal resident. He said there is no proof that the City has lost several million dollars in sales tax revenue. The City had put too much trust in the State Finance Office. Commissioner Matthew McCabe has sought out at least 70 or 80 businesses that have not been paying sales tax to the City and that alone has increased the sales tax revenue. The County also got an increase in their sales tax because of Commissioner Matthew McCabe’s research. He said perhaps the City should have waited another year to withdraw. Look at what the County did to Mechanicville by decreasing their sales tax revenue. He also noted that DPW has not seen an increase in employees this year and he did support the budget. But the two Council members who did not support the budget got more employees. There were talks of laying employees off, but those two Council members stillgot Page 2 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 additional employees. If individuals do not like the way he is running DPW, they should put their name on the ballot next year. DEPARTMENT OF PUBLIC WORKS Water (04-241) Commissioner Thomas McTygue said he wanted Rich Straut, Barton & Lougidice; Doug Ward, Counsel, and Bill McTygue, Director, DPW, to make presentations this evening on the water matter. He said it is his obligation to bring forth a resolution on the proposed water alternative source. Doug Ward read the following resolution into the record: Resolution of the City Council for the City of Saratoga Springs Adopting SEQRA Findings on a Water Source Development Project WHEREAS, on January 16, 2001, the City Council, acting as lead agency for the Water Source Development Project (The “Project”) issued a Positive Declaration under the State Environmental Quality Review Act (ASEQRA@) requiring the preparation of a Draft Environmental Impact Statement (ADEIS@) and WHEREAS, a copy of that Positive Declaration was delivered to the identified involved agencies and to the Environmental Notice Bulletin for publication pursuant 6 NYCRR 617.12. WHEREAS, on April 5, 2001, the City Council noticed, circulated and published a Draft Scoping Document in accordance with SEQRA. WHEREAS on April 27, 2001, and April 30, 2001, the City Council held hearings to receive comments on the Draft Scoping Document and also accept comments by mail and email. WHEREAS, on July 17, 2001, the City Council adopted a Final Scoping Document and noticed, circulated and published this Final Scoping Document in accordance with SEQRA. WHEREAS, pursuant to the Final Scoping Document, a DEIS was prepared by the City’s environmental consultants Barton & Loguidice P.C., (AB&L@) for consideration by the City Council. WHEREAS, on January 7, 2003, the City Council accepted the DEIS, circulated it to Involved Agencies and made it available to the public. A Notice of Completion was delivered to the Environmental Notice Bulletin and published in the local newspaper in compliance with 6 NYCRR 617.12. WHEREAS, on March 6, 2003, the City Council held a public hearing on the DEIS and also accepted comments on the DEIS which were sent by mail or email. WHEREAS, on February 17, 2004, the City Council closed the DEIS public comment period. WHEREAS, subsequent to closure of the public comment period, the City’s environmental consultant prepared a Final Environmental Impact Statement (AFEIS@) for consideration by the City Council. WHEREAS, after thoroughly reviewing the FEIS, the City Council on September 21, 2004, voted to release the FEIS, and authorized the preparation of a Notice of Completion and ordered that these documents be published, filed and circulated in accordance with SEQRA. WHEREAS, in accordance with the City Council’s instruction, the FEIS was circulated to Involved Agencies, filed in the public information repositories and posted on the City’s website. A Notice of Completion was published in accordance with 6 NYCRR 617.12. WHEREAS, the City Council has received no comments on the FEIS. Page 3 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 WHEREAS, in accordance with SEQRA the City Council has afforded the agencies and the public a reasonable time period to consider the FEIS. NOW, THEREFORE, BE IT RESOLVED, that in connection with the proposed Project the City Council fully considered the environmental impacts of the Project and on the basis of such consideration the City Council hereby makes and adopts the Finding Statement attached hereto; and, BE, IT FURTHER RESOLVED, that in making its findings and determination under SEQRA, the City Council relied upon the facts and conclusions in the FEIS and the environmental record upon which it is based and without intending to limit the foregoing, in particular, upon the environmental social, economic and other facts and public comments set forth in the attached Findings Statement, all of which form the basis of the City Council’s action. BE IT FURTHER RESOLVED, as also stated in the attached Findings Statement: 1. The requirements of 6 NYCRR 617 have been met; 2. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action to be carried out, funded or approved is one that minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statements; 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact process will be minimized or avoided by incorporating as conditions to the decision those mitigation measures that were identified as practicable. Bill McTygue distributed information to Council members on his investigation on PCBs in the Hudson River. He said there are PCBs up river of the Sherman Island Dam near where the County is proposing to place its intake. The County does not fully understand the PCB contamination issue. He FOILed DEC on this matter and received some information. The information presented this evening is not a scare tactic but is rather an indication that a serious review of this matter is necessary. Bill McTygue then reviewed, in detail, the distributed material. He noted the letter from Fred Champagne Town of Queensbury supervisor regarding his opposition to the proposed remedial action plan for dredging the Hudson. He displayed a map showing the PCB sediment concentration sites, noting that some of thesediment concentration is deep. He reviewed the September 2001 work plan sediment investigation and feasibility study for the Queensbury site noting that fish near this intake are contaminated with PCBs and a five year monitoring program is in place. He further noted that PCBs have migrated to other areas and additional sampling is needed. The report states that PCB contamination is expanding. He said the Saratoga County proposal is a politically hot issue because the Town of Queensbury site is located 3,000 feet downstream. There is a March 1995 letter from James King, Town of Queensbury, expressing his concern with the Hudson River remediation plan. The City’s 1988 Sutherland report concluded that the City needed a long term water strategy and that Saratoga Lake was a possibility. That study also suggested that the upper Hudson was an alternative. There have been significant issues though since the 1988 report. There is the unresolved issue between Niagara Mohawk and DEC on a parcel of land near the proposed intake and contamination at that site. He said DPW has been charged with making up stories on this matter and he was here tonight to present the facts. This is a real issue that needs to be addressed. He submitted the documents to the Council for their review and urged the Council to consider these documents before making a decision. Rich Straut said his firm has been working for a number of years on this matter. There are thousands of pages in the City’s documents with hundreds of pages of answers to all of the questions. There is a lot of information and detail in the documents. He said it all boiled down to one conclusion - that there is no Page 4 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 significant adverse impact in drawing water from the lake. Rich Straut then reviewed some of the misinformation. Recreational use: Rich Straut said there was a recent mailing by an organization stating that recreational use will be limited. That is not true. Anchor dragging and swimming will be limited within the immediate area of the intake and that is the only recreational use limitation. He noted that in Lake George, boats drive directly over the intake. Also at Skaneateles Lake, which is a heavily restricted lake, there is no noticeable impact on recreational use of that lake. DOH has also confirmed that recreational use will not be limited. Lake Level: Rich Straut said there has been a lot of propaganda by the opposition that the lake will drop by a foot or foot and a half. He said that would happen by taking millions more gallons than what the City is proposing. It is simply a scare tactic. There will be no impact during normal weather conditions and only an inch or inch and a half during drought periods. Watershed protection: Opponents continue to say that there is no watershed management protection plan. There is a plan and it has been included in the EIS. DOH has stated that the plan is appropriate. DPW has the resources to implement the plan. The City is not demanding control of the lake. The costs are detailed in the EIS including the interest rate, the bond rate, the water rate and comparisons between the City’s rate and the County’s rate. He said the last proposal that the City received from the County was for the City to purchase four mgpd so that is what the EIS evaluated. Clearly the cost of the county plan to the residents of the City is more expensive than the City’s plan. County Plan: There is a lot of misinformation on the county plan. Their costs simply don’t add up. They have left several millions of dollars out of their cost estimates. If the City now does not need to purchase four mgpd, then why not. Someone needs to pay for the County plan and the City would need to be the anchor customer, therefore, the City would likely pay the lion’s share. The County cannot pay for the plan. If their use the Water Authority, then the rate payers would pay the Cost, if they form a district then they can charge those who don’t even get water. The County plan is still a draft. Their numbers continue to change. He encouraged the Council to cut through the propaganda and make a decision on the facts and not the misinformation. Doug Ward said the DEIS is a comprehensive document. His concern was that the County Plan is not yet a plan, they are still in a state of flux. The City reviewed their initial material but we still do not yet have a real fix on what the costs will be. There are letters from Niagara Mohawk on their concerns with the PCB sediments. He said once the sediments are disturbed it could be a problem. He said several of the surrounding towns including Halfmoon and Stillwater have expressed their concerns with disturbing the sediments. There could be increased liability by disturbing the sediments and asked how the County would pay for it. He suggested that the City adopt the findings, and move forward with obtaining the permits. He said there was also no harm in adopting another resolution that may come forward on the County plan. If the County option proves to be the way to go in the future, then the City could go that way, but if it proves the opposite, then the City would still have the lake option. He suggested that the City adopt the resolution with any minor revisions they might suggest. He said allowing the City to apply for the permit does not allow pipes in the ground. He said there could be minor revisions to the yet proposed resolution. Commissioner Thomas McTygue said there has been a lot of propaganda from SLIPD and he questioned how they could use their funds to lobby residents of the City. He asked where the Towns of Saratoga and Stillwater have been and whether those Town Board members have actually talked to their constituents. Every Council member received a letter from Ray Callanan, County Board of Supervisors, stating that the City needs to purchase four mgpd whether we need it or not. The Council owes it to the community to move forward with the above stated resolution. He asked how the Town of Stillwater was going to get water from a pipe that is on Daniels Road. The Town of Wilton is going to get a free water through their town and they have stated that maybe in the future they might need water. He noted that Wilton currently pays five times the rate for water that City residents pay. Every time the sewer rate goes down in Wilton, the City rate goes up. He asked how Clifton Park and the Town of Saratoga were going to get water that is being piped through Greenfield. If the City has a drought, there is no where to go for water. The City is overdue for a major Page 5 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 drought. Why doesn’t Clifton Park take care of their own water problem by drawing from the Mohawk and building a filtration plant. Has the Town of Clifton Park Board members talked to their constituents about this? The first phase of the County plan is to bring water to the Town of Malta, not Clifton Park. Both Congressman Sweeney and Senator Bruno have gotten involved in this project. There are three Council members who are now willing to put this on the shelf and go against the will of the community. There are 260 mgpd of water that goes down Fish Creek. Loughberry Lake could be filled every day with that 260 mgpd. The County proposed in 1990 to take 30 mgpd from the lake. That was stopped when the residents of the City spoke out against the County to running water through the City’s filtration plant. The people of this community will send a strong message again in November. There are people in attendance this evening who have not read the DEIS. They are not telling the truth and are misleading others. There has not been one scientific or engineering document presented to the Council disputing the work that Barton & Lougidice has done. The County wants to fast track their proposal because of the proposed Chip plant in Malta, but Malta has not committed to purchase any water. The County says that the more communities that buy water, the cheaper it will be. He said they said that about sewer but the City residents’ bills have gone up 50 percent in the last few years. Commissioner Thomas McTygue said that the opposing Council members could go ahead and make their motion, but he would continue to fight for the residents so they do not have to drink contaminated water. He has been a Commissioner for 28 years. He almost lost one election because of the carousel, but look how nicely that turned out. The Saratoga Lake alternative will also be good for the City. He is willing to work with the surrounding communities to make Saratoga Lake a better place. He said he has a cousin living in Pennsylvania and they went through a similar water project years ago. The residents were against the proposal but when they discovered that the watershed management plan was effective and increased their property values, they wanted to keep the river as a water source. There was quite a bit of dissension when a new water source was proposed. Property values always increase when lake or rivers are used as water sources. DOH has not said that recreation will be limited. There is a great deal of concern of communities that use the Hudson as a water source because of the dredging. He said Niagara Mohawk is telling the Town of Queensbury to look for another water source because they may have to clean their site. He asked how the thoroughbred industry would react when they discovered that the City’s water might have PCB contamination. The Council could kill the horse racing industry in this City. Commissioner Thomas McTygue said the County has said that the City needs to purchase four mgpd. He said if it was that simple, the Council would not be here tonight. He said there should be an amendment to the yet proposed resolution stating that the City would only purchase up to 180,000 mgpd. The City’s supervisors want to sell the City down the drain with the County proposal. Commissioner Thomas McTygue said Bill McTygue was cut off by DOH with his FOIL requests stating that the remaining material was too sensitive. He said the City was not able to obtain any information from DOH that is dated after 2001. They are still delaying the City’s request. The County wants to fast track their plan. The City should not allow that to happen. They need to go through all of the steps properly and legally. The County proposal will create sprawl and traffic problems. Where are the open space people tonight. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to adopt the resolution as previously read by Doug Ward. Commissioner Matthew McCabe said this was all confusing. He said he understood that there was an alternate resolution that might come forward. He said the issue was that for the price of more than $700,000, the City should have a true picture and the legal authority to go to the lake if necessary. He said the taxpayers are owed that much. The entire process has been flawed. The Council needs to support this resolution. It does not necessarily mean that the City will draw from the lake. He asked about the possibility of Zebra mussels and whether that would be an issue for the lake. Rich Straut said the intake would be properly screened. Commissioner Matthew McCabe said the choice seemed to be either PCBs or Zebra mussels. He said both bodies of water were of equal quality. He did not support the agreement of reduced recreational use. There should be a compromise. The City should keep the option of the lake available. He said if the City’s water problem is that severe and we are not telling the residents then we are failing them. The Council needs Page 6 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 to put its money where its mouth is. Peter Looker’s previous remarks on conservation are valid comments. The Council is making a decision on its children’s water source. The City needs to have options available. The City needs to have conservation policies in place. He believed that both resolutions should be adopted and the yet to be proposed resolution should be amended to include a cap rate of gallons per day to be purchased. He said he would support Commissioner Thomas McTygue resolution. Commissioner Stephen Towne said he would not support the proposed resolution, nor would he adopt the SEQR finding statement because he disagreed with the conclusions reached in that statement. Commissioner Michael Lenz said that if the proposed resolution is not adopted this evening it did not preclude it from being brought back to the table at a later date. Roll call vote: Commissioner Stephen Towne no Commissioner Matthew McCabe yes Commissioner Thomas McTygue yes Commissioner Thomas Curley no Mayor Michael Lenz no Motion denied. MAYOR=S OFFICE Water (04-242) Matthew Dorsey, City Attorney, read the following resolution into the record: RESOLUTION WHEREAS, the City of Saratoga Springs has proposed to utilize Saratoga Lake as a new municipal water source to meet the City’s long term and emergency water source needs, and WHEREAS, the proposal has been evaluated pursuant to the requirements of the State Environmental Quality Review Act (SEQRA - Article 8 of the New York State Environmental Conservation Law) and implementing regulations (6 NYCRR Part 617), and WHEREAS, the City Council did as Lead Agency resolve to release, file, circulate, publish and give notice of the FEIS for the proposal on September 21, 2004, and WHEREAS, the City Council desires to consider participation in a county water system to meet the City’s long term and emergency water supply needs, NOW, THEREFORE, BE IT RESOLVED THAT THE City Council refrains at this time, subject to further review, from adopting a Findings Statement pursuant to 6 NYCRR 617.11 regarding its proposal to utilize Saratoga Lake as a new municipal water source, and FURTHER, BE IT RESOLVED, THAT AS AN INVOLVED AGENCY, THE City Council will actively participate in the SEQRA process for the Saratoga County water system, but will enter into a binding agreement with a no minimum gallonage requirement only after Saratoga County has fully completed its SEQRA review of the Saratoga County water system proposal either through the issuance of a SEQRA Negative Declaration or through adoption of a SEQRA Findings Statement supportive of the proposal after preparation of an Environmental Impact Statement, and FURTHER BE IT RESOLVED, THAT EFFECTIVE IMMEDIATELY, Barton & Loguidice, P.C. shall be released from further services to the City and any amounts due and owing for services rendered to date shall be processed and paid as soon as possible, and Page 7 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 FURTHER BE IT RESOLVED, THAT EFFECTIVE IMMEDIATELY, Young, Sommer . . . LLC shall be released from further services to the City and any amounts due and owing for services rendered to date shall be processed and paid as soon as possible. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adopt the above resolution. Mayor Michael Lenz said that before voting on this matter, he wanted to recognize all of the hard work by all involved. He said this would not be a unanimous decision, but it was an open process for the public. The Council has achieved the goal of being open and getting the community to participate. He said he loves this City and is proud to call this his home. This is a good City with great people. The City is a special place. This is one of the most important decisions made in quite some time. The City has been successful and we need to prepare and plan for future water supply. He said he believed that the Hudson River is the most affordable, safest and best choice. The City option requires $20 million up front. The Hudson River requires no up front costs. The lake option is expected to cost the City $680,000 per year in additional interest rates which would be borne by all. This decision is much like the decision to leave the County sales tax program. He disagreed with Commissioner Thomas McTygue on the amount of lost revenue on pulling out of the sales tax formula but agreed that the City should have waited another year. If the City had stayed in the formula, we would have more money. The lake alternative needs to include costs for watershed management. The Hudson River plan does not require a watershed management plan. The Hudson River option does not require any long term costly debt obligation. The Hudson River is a safe option. The Town of Queensbury has been drawing water for years from the Hudson. Both DOH and DEC have officially stated that there are no PCBs in the area of the proposed intake. As a husband and father, he would not allow his children to drink from a contaminated source. The Hudson River is a safe and affordable option for the City. Commissioner Matthew McCabe asked that if the Council was to decide at a later date that it wanted to adopt the findings statement, it could it do so. He asked Doug Ward if the documents would need to be updated. He asked how long was the shelf life of the document. Doug Ward said if the findings statement was adopted and the permits obtained, they would theoretically last forever. The permit can be renewed as long as the City needs it. The findings statement, unadopted, will age. He said there could be requirements for hearings and updating the material. He said adopting the statement and getting to the permit stage “fixes” the data. Mayor Michael Lenz said he had no problem in adding a number of gallons to his resolution. Doug Ward said that the proposed resolution was really more a statement of desire. The City can say that it wants to be more involved in the County process. The proposed resolution is not a findings decision. Commissioner Matthew McCabe said he was uncomfortable in amending a resolution of this magnitude at the table. He said he was not comfortable in killing one option and almost committing to another. There is no harm in adopting Commissioner Thomas McTygue’s resolution. He asked if the City added gallons to be purchased to this resolution, would it be committing the City to anything. It was agreed that the text “with a no minimum gallongage requirement” be added to the resolution. Commissioner Matthew McCabe said he appreciated all of the work done, but now the City was back at square one. He said this borders on theatrical. He again said that he was uncomfortable in changing the resolution at the table and said there needed to be careful legal review of this resolution. Mayor Michael Lenz said the Council is the legislative body of the City and has the ability to amend a resolution/motion at any time. He also said he objected to Commissioner Matthew McCabe’s statement that this borders on theatrical. Commissioner Matthew McCabe withdrew that statement. Page 8 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Stephen Towne said this has been a long process and he has spent many hours reviewing the material. He said after weighing all of the information he had concluded that the most relevant issues were legal, fiduciary, cost, affordability and safety of the water. As lead agency, the Council is legally bound to study impacts to all and not just the City residents. The question is whether every impact can be mitigated. Many of the towns have passed resolutions not supporting the lake option because they believe that not all options have been explored. There are 13 communities what will be forced into a watershed management plan. There are many questions on the cost of the project. One is that costs have not been included for upgrading of the City’s filtration system at a cost of about $3 million and the cost of managing a 244 square mile watershed area. The interest rate has been calculated at 4 percent which will probably now be at 4 2 percent which equates to $2 million on a $20 million bond. There could also be time delays due to law suits. He said the City should have learned from the sales tax matter. Loughberry lake remains a viable source. DOH has recommended using Loughberry Lake and using a new source as a supplemental source. There is the question of how much to buy and when to buy. The City does not need the expensive insurance policy of the Saratoga Lake option. Safety matters such as PCBs are another issue. DOH is the sole authoritative body to ensure water safety. DOH has that expertise to make that determination and they have stated that there are no PCBs in the proposed County intake area. Permits to draw would not be issued if water safety and quality were not met. He has about 70 relatives in the City and he would never knowingly place his family in harms way or put politics in the forefront. The best long term regional solution is the Hudson River. Commissioner Thomas Curley agreed this has been a difficult process. He has more than 18 years of service to this community including his time on the Planning Board. He has family in this community just as everyone else does and would not sell out his family. This is not a political battle. The bottom line for the future of this community is to develop a dependable water source. The Hudson River alternative is a 100 year solution. He said the City’s debt service with the Saratoga Lake option could be as much as $2 million a year. He said the best long term regional solution is the Hudson River. The public should be commended for their participation in this matter. This water source will play an integral part in the tourist trade. He thanked Congressman Sweeney and Senator Bruno for stepping up to the plate with funding not only for this project but for the parking deck, vehicles and Spit & Spat. He said this is a partnership and this will ensure a healthy future for this community. He said he would support this resolution. Commissioner Thomas McTygue said that his family too goes back many generations in this community. He said that Council members are comparing apples to oranges. He said three of the Council members are about to select a water source for the City when there is no full, detailed documentation on that source. He said both Commissioner Stephen Towne and Mayor Michael Lenz suggest that the Hudson River option is cheaper. He said they should show him how it is cheaper. The County will invest $80 million for a ten year period and the City’s option would invest $17 million for ten years. He said the City will end up paying the bulk of the cost for the County option. The County has said the only way their plan works is for the City to purchase 4 mgpd. He said he hoped Commissioner Stephen Towne did as much research on the County proposal that he had done on the City proposal. The County only has a concept. He said that water pays for water and it does not go through the general operating budget. DPW has managed the water budget for 27 years. The City’s supervisors need to start answering questions. He reminded everyone that the faith that they place in DOH and DEC was questionable in that at one time both agencies allowed the plants along the river to dump hazardous material into the river. He said the three Council members who vote in the affirmative this evening may think that they have won this battle but there are many more discussions to be had. He said he would continue to bring information to the table. He said that not one Council member had brought forth any information to the table on the County plan. He said he was glad to see that no minimum gallons had been added to the resolution. He said there is a letter from Niagara Mohawk which states there are problems with the sediments 3,000 feet upstream from the planned intake. The County is out spending the funds from Congressman Sweeney but once they run out of those funds it will be another story. There are too many unanswered questions. It’s time for the media to start asking questions and they should not take “no comment” as the reply. Commissioner Matthew McCabe suggested that the motion be amended again to include allowing the City to apply for permits. Page 9 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to amend the resolution to include the previously denied resolution which would allow the City to apply for the permits. Ayes: two (Commissioner Matthew McCabe and Thomas McTygue); Nays: three (Commissioner Stephen Towne, Commissioner Thomas Curley and Mayor Michael Lenz). Motion denied. Roll call vote: Commissioner Stephen Towne yes Commissioner Matthew McCabe no Commissioner Thomas McTygue no Commissioner Thomas Curley yes Mayor Michael Lenz yes Motion carried. A brief recess was taken at 9:00 p.m. and the meeting resumed at 9:20 p.m. Spirit of Saratoga Awards Mayor Michael Lenz said the Spirit of Saratoga Awards are distributed annually at the Polo Fields. However, the event was rained out three times this past summer. He then announced the recipients as Dee Sarno, Dennis Brunelle, Cathy & Elliot Masie, Rev. Sean Barry, Mary Lou Whitney and John Hendrickson. He congratulated those recipients. White House Preserve America Designation Mayor Michael Lenz announced that the City had recently achieved the White House Preserve America Designation. This designation will make the City eligible to apply for grants ranging from $50,0000 to $250,000. Those funds are to be used for revitalization and preservation. He thanked Carrie Woerner, SSPF, for applying for this program. He said that Beekman Street was specifically mentioned in the application process. He said that this is good news for the City and again thanked SSPF for applying for this designation. Secretary of the Municipal Civil Service Commission (04-243) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded the following resolution: WHEREAS, the Saratoga Springs Municipal Civil Service Commission appointed Patsy Berrigan to the Secretary position of the Municipal Civil Service Commission of the City of Saratoga Springs effective September 4, 1995; and WHEREAS, the City Council of Saratoga Springs is desirous of continuing employment of Patsy Berrigan as Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs; NOW THEREFORE BE IT RESOLVED as follows: The salary for the Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs shall be $34,608.00 effective January 1, 2005. The standard workweek of the Secretary of the Municipal Civil Service Commission Office of the City of Saratoga Springs shall be 33 hours per week. The Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs shall enjoy and be entitled to the same holidays as defined in the CSEA contract for the City Hall employees bargaining unit. It is understood that for the purpose of calculating vacation time that Patsy Berrigan’s service to the City of Saratoga Springs began on January 1, 1989. Sick time shall be accumulated for the Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs at the rate of 1 day per month. Upon Page 10 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 completion of seven (7) years of continuous service, cash payments will be made for accumulated sick leave remaining in an employees’ individual account upon the following basis at termination of employment or upon death of the employee while in the employ of the City shall be paid to the employee’s beneficiary or estate. Patsy Berrigan shall be paid twenty-five (25%) percent of accumulated sick leave up to a maximum of 200 days (cash payment of 50 days). It is understood that for the purpose of calculating sick time that Patsy Berrigan’s service to the City of Saratoga Springs began on September 4, 1995. The Secretary of the Civil Service Commission shall enjoy and be entitled to all of the non-salary benefits regarding: vacation time; sick leave; personal/bereavement leave; holidays; life insurance; health insurance; opt out disability insurance; vision plan; and NYS retirement system as granted in the CSEA bargaining unit of the City Hall employees. This resolution will be resubmitted on an annual basis by the Mayor. Ayes all. Recreation Department B Accept Donations Mayor Michael Lenz withdrew the item from discussion. Real Estate Committee B Gill/Sickler/Devizzio (04-244) Matt Dorsey said this has been an ongoing matter for some time. He said the Real Estate Committee had previously been reluctant to recommend that the parcel be broken up and sold to the adjoining property owners because the Sicklers have stated that they intend to bring litigation against the City in the event that the City take that action. However, an indemnification agreement has been obtained from Dr. Gill which indemnifies the City in the event the Sicklers bring litigation over conveyance of any part of the parcel. Therefore, the Real Estate Committee is now recommending that the parcel (15'x94) be broken into three parcels as follows: 7 2 x 44 (Devizzio), 7 2 x 44 (Gill) and 7 2 x 94 (Sickler) for the sale price of $1. He also noted that as part of the agreement Dr. Gill has asked that the firm of Ginley & Gottman be used if there is litigation. Matt Dorsey said that firm would do a suitable job. Matt Dorsey noted that Mr. Devizzio is present this evening and has made a request that the City consider selling to him a section of 3x44 rather than 7 2 x 44. He said that would create an uneven property line though. Commissioner Matthew McCabe clarified that Matt Dorsey was comfortable with the proposal and the indemnification agreement. Matt Dorsey said yes. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the conveyance of the parcels as described by the City Attorney including the indemnification agreement. Ayes all. Human Resource Department - Update Marcy Bridges, Human Resources Administrator, distributed to Commissioners proposed policies on sexual harassment and a draft personnel manual. She said it was her goal to have a final available for Council review by mid January. She said the committee reviewing the material will meet again on January 5. She thanked the various local organizations for sharing their personnel manuals and policies. Mayor Michael Lenz thanked all departments for their cooperation in working with Marcy Bridges on these policies. Spring Run Trail (04-245) Page 11 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Mayor Michael Lenz said earlier this year he and Commissioner Matthew McCabe had met with David Eger and John Baker on purchasing 3.83 acres of land located off Excelsior Springs Avenue. He said this is the last parcel in that corridor to which the City did not have access. Matthew Dorsey said a contract for the purchase and sale of the parcel had been distributed to Council members. He said both David Eger and John Baker are willing to sign the contract as proposed in the amount of $38,300. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with David Eger and John Baker for the purchase of the parcel located off Excelsior Springs Avenue. Ayes all. ACCOUNTS DEPARTMENT Approval of December 7, 2004, Council Meeting Minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the December 7 meeting minutes. Ayes all. Award RFP - Subdivision Regulations Upon the recommendation of the Planning Board, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the professional services contract for updating the subdivision regulations with The LA Group in an amount not to exceed $16,950 contingent upon review of Risk Manager and City Attorney. This request for proposal has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Peddling & Soliciting (Vendor Ordinance) (04-246) Commissioner Stephen Towne said that at the October 5 City Council meeting the Peddling & Soliciting Ordinance Review Committee (Vendor Ordinance) was formed. Since that time, they reviewed specific areas of the ordinance including vending near the track, enforcement, design guidelines, fees and vending in the downtown area. They also sought input from those vendors who participated in the vending near the track this summer. This committee met several times and have submitted a revised ordinance for the Council’s review. Included in the packet of material sent to Council members was the revised ordinance with an executive summary highlighting the changes. Some of those changes include more detailed definitions, all vendors must complete an application, fees do not apply when there is a contract, etc. One area of significant discussion was vending near the track. The committee included in their recommendation that there not be any outdoor vendor displays surrounding the track (Frank Sullivan Place, Wright Street, Union Avenue, East Avenue and streets adjacent to the Saratoga Race Course). Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the Peddling & Soliciting ordinance as presented with the additional text as proposed by Tony Izzo, “Outdoor vendor displays on Frank Sullivan Place, Wright Street, Union Avenue, East Avenue or any public street or public way adjacent to the property on which the Saratoga Race Course is located may be established only upon a four-fifths vote of the Council.” Page 12 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Matthew McCabe said he had some calls from members of the DBA on this matter. He said he did not believe that it was the Council’s intent to vote away their authority to possibly place vendors near the track. He said it was not likely the Council’s intention to allow vendors there, however, this was an insurance measure. Mayor Michael Lenz said the City is working with NYRA on the parking matter and the City needs to reserve the ability to have vendors there if necessary. Ayes all. Commissioner Stephen Towne thanked the members of the committee including: Mark Baker, City Center, Chair; Joe Dalton, Saratoga County Chamber of Commerce; Roger Goldsmith, Crafters Gallery; Cathy Hamilton, Putnam Market; Gavin Landry, Saratoga Convention & Tourism Bureau; Tim Mabee Adirondack Trust Company; Will Pouch, Esperanto; Marilyn Rivers, Risk & Safety Manager, Accounts; Kevin Veitch, Code Enforcement, DPS; David Barker, Impressions; Erin Dreyer, Deputy Commissioner, DPS; George Hathaway, NYRA; William McTygue, Director, Utilities, DPW; Alicia Wardell, Deputy Mayor; Debbie Harper, Deputy Commissioner Accounts and Tony Izzo, Assistant City Attorney. Lodging Establishment Zoning Amendment - Set Public Hearing Commissioner Stephen Towne said pursuant to the Council’s request of September 22, the Planning Board reviewed the proposed zoning amendments developed by the Joint Zoning Amendment Workgroup for text and map amendments relating to lodging establishments. The Planning Board discussed the request at their October 6 meeting and a number of citizens and Board members expressed concern with the proposed amendments as drafted. As a result of that discussion a subcommittee of the Planning Board was formed to evaluate the proposed zoning amendments in more detail. He said the subcommittee made recommendations, the Planning Board reviewed the recommendations and made modifications and now the subcommittee has reviewed those modifications. The subcommittee reached consensus on those modifications, in particular, on the selection of lodging corridors, the group reached consensus to modify its original proposal to eliminate Phila Street, Caroline Street and Nelson Avenue between High Rock Avenue and Union Avenue as lodging corridors. Commissioner Stephen Towne requested a public hearing be scheduled for February 1 at 6:40 p.m. on this zoning amendment. NYSEG Electric Contract (04-247) Commissioner Stephen Towne said that the contract with NYSEG for electricity expires on December 31 for our larger accounts. They have offered two options, market price or fixed price. Gordon Boyd, Salerni & Boyd, are recommending the City go with the fixed price option. Locking in on a fixed price provides stabilization for the City. The rate is slightly higher than last year which will equate to an approximate 2.5 percent increase over 2004. The contract will run from January 1, 2005 to December 31, 2005. Gordon Boyd said while the price is slightly higher, all energy costs have risen. He said last year’s price was .0767 and this year’s price is .0787. He said the City could choose to float with the market, however, he recommended going with the fixed price. He recommended that the Council go with the price of 0.078 in case there was a slight change from this morning’s price. Council members agreed. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with NYSEG Solutions at the fixed rate price of $0.078 per kwh for electricity contingent upon the City Attorney’s and the City’s Risk & Safety Manager’s review. Ayes all. Lake Avenue Gilbert Road Zoning Amendment Page 13 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Stephen Towne said that pursuant to the Council’s request of November 19, the Planning Board reviewed the proposed zoning map amendment to change the classification of approximately 124 acres of land near the intersection of Lake Avenue and Gilbert Road from Southern Weibel Avenue District (SWAD) to Rural residential-1 (RR-1) The Planning Board discussed the request at their December 8 meeting. Following the discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning map amendment. The Board believes that the revision is not contrary to the general purpose and intent of zoning ordinance and is in accord with the Comprehensive Plan. The Comprehensive Plan designation for the area is “Conservation Development District” which permits residential densities of .5 units per acre or less. The proposed RR-1 zoning district would be compatible with the CCD designation. Commissioner Stephen Towne set a public hearing for February 1 at 6:45 p.m. and will forward it to the County Planning Board for the required advisory opinion. Hearing Officer - Authorize Mayor to sign contract Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign a contract with Walter Stroop to serve as hearing officer on the 181 Phila Street matter. The compensation for his services will be $400 and will be paid by his department. The approval is subject to the review of the City Attorney and the City Risk Manager. Ayes all. Empire State Appraisal Consultants Commissioner Stephen Towne said that on September 16, 2003, the Council approved to hire the firm of Empire State Appraisal Consultants for land appraisal services for the Niagara Mohawk Article 7 matter. At that time, there was a cap of $18,000 for the preparation of the appraisal report but it was noted that there would be additional fees for post appraisal services, including trial preparation, court appearances, etc. Based upon the court’s decision to extend the exchange date to March 2005 and to include the year 2003 this modifies the scope of the original assignment. This requires modification of market data grids, calculations of fee and easement values and narrative added to certain sections of the report. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to amend the original contract to provide for the expanded services at an additional amount not to exceed $3,000. These costs will be paid from the Accounts Department budget. Ayes all. Risk & Safety Management quarterly update Marilyn Rivers reviewed the quarterly risk and safety management for the City. She said the following insurance inspections had taken place: boiler & machinery; fire department (Lake Avenue & West Avenue) High Rock Springs, Police Department and Saratoga Arts Council Building. She noted that the contract with James Daly Tobin for the West Avenue Fire Station facade repair had been signed. Some of the Police Department, Arts Council and High Rock Springs issues remain open, however, will be taken care of in early 2005. Marilyn Rivers said the defensive driving training, senior citizen fire safety and work safety training had also been completed during the fourth quarter. MSDS communications had been distributed to appropriate department. The Safety Committee reviewed the following ordinances during the fourth quarter: food & lodging, tow truck and vendor. She also noted the committee intended to bring forth some changes to the 911 Street Naming and Numbering ordinance. Page 14 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Matthew McCabe asked about the insurance that was taken out for the parking area from NYRA for the Victorian Streetwalk. Marilyn Rivers said that policy could be used again, there just needed to be some coordination with DPS and DPW. FINANCE DEPARTMENT Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: December 10, 2004 - $379,935.86 and December 17, 2004 - 335,250.05. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 12/21/04 2DEC04 $2,636,116.73 2004 mini warrant 12/15/04 MC041215 $ 477,474.94 2004 mini warrant 12/20/04 MC122004 $ 3,321.18 Ayes all. Budget Transfers Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2004 budget transfers as previously distributed with Friday’s agenda (Attachment A). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2004 budget amendments previously distributed with Friday’s agenda (Attachment B). Ayes all. Director of Finance (04-248) Commissioner Matthew McCabe said he would like to request approval for a Director of Finance position. There are few municipalities of this size that do not have a chief financial officer. For the financial health and stability of this City, the position should be full time, permanent and not subject to the whim of a political landscape that is subject to change every two years. He said the Finance Department is in the unique position of serving each department of the City. Every other department operates with a Deputy Commissioner and a full time assistant. The Finance Department has only a deputy. The existing Deputy Commissioner of Finance is so integral to the financial well being of the City that she has been retained four times by three different Commissioners of three different political parties. She has been with the City for nine years. Commissioner Matthew McCabe said as for revenue analysis, the creation of this position is a revenue generating prospect as it increases the City’s potential to uncover more sales tax as well as other revenue sources. He reminded Council members that he had found several new previously unreported, sources of sales tax which result in permanent new revenue streams which will be available to carry this position. He noted that at some point during the recent budget process, every Commissioner acknowledged the importance of this position and supported its establishment. The Charter Review Commission also regretted not making this a part of the new city charter requisites. Commissioner Matthew McCabe said this position was funded in the adopted 2005 budget. It is at grade 16, step 1 ($65,287.00), which is comparable to the full time assistant level positions in Public Works, Public Safety, and Accounts, it will be 40 hours per week, and it will allow the candidate to retain all accumulated City Page 15 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 of Saratoga Springs longevity and accrual dates. It has been accepted into the CSEA Union and it has been approved by Civil Service. Therefore, Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to create the Director of Finance position, grade 16 step 1, 40 hours per week. The candidate will retain all accumulated City of Saratoga Springs accruals, longevity and accrual dates. Commissioner Stephen Towne said the 2005 budget process was difficult and coupled with the lack of surplus and a high percentage increase in the tax rate, the City should not be adding positions. He said the City should only be replacing positions at a lesser expense or adding new positions only if a new revenue stream is identified for a net zero impact. He said this was a business and financial decision. In the interest of being consistent with past decisions, he would not support this motion. Ayes: four; (Commissioner Matthew McCabe, Thomas McTygue, Thomas Curley and Mayor Michael Lenz), Nays: one (Commissioner Stephen Towne). Motion carried. Computer Support Technician (04-249) Commissioner Matthew McCabe said he would also like to request approval to establish a Computer Support Technician position. The City currently has one single person in charge of all data networking operations for every department in the City. His backlog of operational and maintenance issues are close to 400 items long. The effects of a total computer shutdown would be catastrophic. Commissioner Matthew McCabe said this new position will provide support to the current Information Technology Systems Manager and also serve every city department. This position was funded in the adopted 2005 budget. It is a grade 11 step 1 ($33,834.00) and will be 40 hours per week. It has been accepted into the CSEA Union, as evidenced by this letter signed by the President Kevin Veitch and it has been approved by Civil Service. Therefore, Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to create a Computer Support Technician position at grade 11, step 1 at 40 hours per week. Commissioner Matthew McCabe said the computer support position borders on the lines of public safety. He said this position is not for his department but for the City has a whole and are important positions to the City. Commissioner Stephen Towne said he did not doubt the importance of the positions, but during the budget process he laid out a reorganization of his department that increased his staff but produced a revenue stream to offset those costs. He said he would not have asked for those positions if there was not a revenue stream to cover them. He said he had no desire to further burden the budget and the tax rate. He said his department has a small budget. He said it was his intention to remain consistent throughout the year on items such as this. He said if there is no revenue stream, he would not support new positions. Commissioner Matthew McCabe said sometimes the City needs to spend something to get something. He said when he is able to discuss his findings on the new sales tax revenues that he has found he will do so. Commissioner Thomas McTygue said it was interesting that Commissioner Stephen Towne takes the conservative approach, but asked where was he when these lucrative DPS contracts were approved. He said now that the DPW and City Hall contracts are up for negotiations and new positions are proposed he questions these items. He said it was interesting because Commissioner Stephen Towne got his new positions. Page 16 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Commissioner Matthew McCabe said the City cannot afford to be without computers. He said there have been some significant savings in contracts and he would support this motion. Mayor Michael Lenz said that he was less comfortable in supporting the computer technician position. He said he understood the Charter Review Commission’s reasons for including the Director of Finance and their oversight on that matter, however, he was less inclined to support the computer position. Commissioner Matthew McCabe said again that the computer person is not just for his office but it a citywide position. He said the computer staff in City Hall has not been reviewed since its inception. The entire City will benefit from this position. The City cannot afford to be without these positions. Ayes: three (Commissioner Matthew McCabe, Thomas McTygue and Thomas Curley); Nays: two (Commissioner Stephen Towne and Mayor Michael Lenz). Motion carried. Health Care Contracts (04-250) Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the following 2005 health care rate renewal contracts: Blue Shield of NENY (Community Blue HMA 202 and Traditional Blue 910); Capital District Physicians’ Health Plan, Inc.; Empire HealthChoice HMO, Inc. and MVP Health Care, Inc. He said the rates are true to what was budgeted. He said they all increased over last year, each at different amounts, with an aggregate of about 18 percent. The largest percentage of increase was due to prescription drug rider. Ayes all. Lake Avenue/Gilbert Road Zoning Amendment Commissioner Matthew McCabe withdrew this item from discussion. Tax Anticipation Note (04-240) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to add to the agenda discussion and vote on a tax anticipation note. Ayes all. Commissioner Matthew McCabe said the City has a cash flow deficiency, therefore, it is necessary to approve a short term tax anticipation note for 90 days to cover expenses in the amount of $3 million. The rate will be 1.60 percent for 90 days maturing on March 23, 2005. He stressed that this was a cash flow issue and not a budget issue. He said at this time of the year, in addition to reasonable and ordinary expenses, the City needs to make the County whole on various taxes. He said once the City’s property taxes have been collected (February), the short term note will be repaid. Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to authorize a tax anticipation note in the amount of 3 million dollars ($3,000,000.00), at a rate of 1.60%, for 90 days, maturing March 23, 2005 (Attachment C). Ayes all. DEPARTMENT OF PUBLIC WORKS Water Previously discussed. County Sewer Commissioner Thomas McTygue said he would hold this item for another meeting as he was getting opinions from both the state and the City Attorney’s office on the extension of the County sewer district. Page 17 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Accept Streets for Snowplowing Only (04-251) Commissioner Thomas McTygue announced the acceptance of the following streets for snowplowing only: Meadowbrook Phase 3, Windingbrook Drive to Stonybrook Drive to Saddlebrook Drive. Washington Street Improvements for Phase 3 & 4 - Change Order #2 Commissioner Thomas McTygue said at the recommendation of the City Engineer, he moved and Commissioner Thomas Curley seconded to approve a change order in the amount of $16,223 for the Washington Street drainage project phase 3 and 4. The completion date will also be changed from December 1, 2004 to October 31, 2005. Ayes all. DEPARTMENT OF PUBLIC SAFETY Senior Account Clerk Typist (04-252) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded for the creation of a senior account clerk typist position to replace the principal account clerk position in his office. He noted that the senior account clerk typist (grade 8) is a lesser grade than the principal account clerk position (grade 13). Ayes all. SUPERVISORS Nothing at this time. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Mr. Devizzo had several questions regarding the agreement previously approved this evening. It was suggested that he work with Matthew Dorsey, City Attorney, on the details. Kyle York, Pine Alley, said he summers on Sacandaga Lake and at one time there were many concerns about using Sacandaga Lake as a water source. He said it is the duty and obligation of Council members to learn all of the facts but there should have been some consideration to holding open all of the options. He said he was shocked to see how poorly the Council served the community. He reminded Council members that PCBs are odorless, tasteless and do not degrade or evaporate. He asked what would happen during the spring floods when flows are increased and sediments are churned up. He said there were core samples done during the summer months and hot spots were found. He said after 9/11 he FOILed the EPA on PCBs in Manhattan and found the parts per million were between 1400 and 1600 when 2 parts per million are acceptable. He said he has studied PCBs for some time now and was concerned. He said there should be concern by the Council on the simple fact that DOH and DEC are not willing to share information with Bill McTygue. There being no one else wishing to speak, Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:35 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:35 p.m. Page 18 of 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 21, 2004 Respectfully submitted, Kathy Moran Clerk Approved: Page 19 of 19