City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 15, 2005 6:30 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Deborah Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 6:30 p.m. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn to executive session to discuss the Quadgraphics Certiorari litigation. Council members returned at 7:00 p.m. PUBLIC HEARING Veterans Exemption - Local Law #3 Tony Popolizio explained that this proposed local law was to increase the veterans exemption limits. He said the City is proposing to increase the limits to the NYS maximum allowable amounts. He said that the new rates are $27,000, $45,000 and $90,000 which are compounded rates. Mayor Michael Lenz opened the public hearing. Jim Coyne asked that the Council support this local law. He said the veterans are an important part of this community and they deserve and have earned these exemption rates. Commissioner Matthew McCabe asked if these rates were extended to widows. Tony Popolizio said yes it applies to the surviving members. Commissioner Matthew McCabe asked if the scope could be widened at some point. Tony Popolizio said he believed that the legislators in Albany would take up this issue at some point and broaden the scope. There being no one else wishing to speak, the public hearing was closed. Parent/Grandparent Exemption - Local Law #2 Tony Popolizio said this local law was also in connection with allowing an exemption for parent/grandparent living space. He explained that if the property is modified to create a primary residence for a parent/grandparent, then any increase in value to the parcel would be exempt for however long the parent/grandparent lived there. He said this is a quality of life issue as the senior population grows in the City. Page 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Commissioner Stephen Towne said both of these local laws were good for the residents. He said housing affordability is an issue in this community. The public hearing was open. There being no one wishing to peak, the public hearing was closed. CALL TO ORDER Mayor Michael Lenz reconvened the meeting at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Wilma Koss, 160 Kaydeross Park Road, said that while the Council has made the decision to move toward the County water plan, there are still those individuals expressing doubts and concerns. She said those individuals should attend the County meetings on this matter and express their concerns at those meetings. She said it was her understanding that the County, today, hired the firm of Malcolm Pirnie to begin the SEQR process. The selection process for the attorney would be held in the very near future. ACCOUNTS DEPARTMENT Quadgraphics Certiorari Matter(05-22) Martin Auffredou, attorney representing the City, said there had been a resolution of the Quadgrpahics certiorari matter. He summarized by saying that beginning in 2005, the $27 million assessment would stay in place for three years. The City will extend a credit to Quadgraphics on future PILOT payments over the next three years. The City’s aggregate credit is $85,000. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the disposition of the Quadgraphics certiorari matter for the years 1997 through 2004, except for 2002 (Quadgraphics did not file that year). Commissioner Thomas McTygue said it was his recollection that this was a decrease of more than $4 million in their assessed value from $32 million to $27 million. He reminded everyone that the County IDA took no part in the negotiations and they are the ones who set up this PILOT. He asked if the school system had agreed to this proposal. Commissioner Stephen Towne said both their attorney and Dr. John MacFadden had agreed to this proposal. Commissioner Matthew McCabe asked how much the City had spent defending this matter. Commissioner Stephen Towne said approximately $26,000 had been spent over the last few years, however, the total amount could be about $35,000. Commissioner Matthew McCabe asked what it might cost to defend the case any further. Commissioner Stephen Towne said there were many calculations using various methodologies. The issue is that there is one building broken into ten sections that are taxed differently from one another. Mayor Michael Lenz said it was his understanding that the City would not get a better deal. Commissioner Stephen Towne agreed. He said this is a long standing case going back as far as 1995. Quadgraphics is the highest assessed parcel in the county. They are also good corporate citizens. Commissioner Thomas Curley asked if this motion this evening would preclude Quadgraphics from challenging their assessment for the next three years. Martin Auffredou said yes. If the assessed value stays at $27 million, Quadgraphics cannot challenge it. However, if the City modifies the assessed value, they can challenge it. Commissioner Matthew McCabe said this motion makes sense. PILOT agreements are developed Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 on a case-by-case basis. He said it is unfortunate that the IDA does not participate in these discussions and/or negotiations. Commissioner Stephen Towne said these are difficult cases to negotiate. Commissioner Thomas McTygue said he would support this motion because he did not believe that a better deal could be achieved. He said it was too bad that the IDA did not come to the table during the negotiations to offer up any assistance. He said they are quick to come up with PILOT programs that the City must accept though. He said the public needs to be aware of these matters. Ayes all. Local Law #3 Veterans Exemption (05-23) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt local law #3 to amend Article X of the Code of the City of Saratoga Springs, New York, entitled “Taxation - Alternative Veterans Exemption” as follows: LOCAL LAW NO. 3 OF 2005 A LOCAL LAW TO AMEND ARTICLE X OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “TAXATION B ALTERNATIVE VETERANS EXEMPTION.” BE IT ENACTED by the City Council of the City of Saratoga Springs, New York as follows: SECTION 1. Article X of Chapter 212 of the Code of the City of Saratoga Springs is hereby amended to read as follows: AARTICLE X Alternative Veterans Exemption 212-72 Maximum exemptions allowable. As authorized by Section 458-1, Subdivision 2, Paragraph (d)(ii) of the Real Property Tax Law, the maximum exemptions allowable from this city’s real property taxation pursuant to Paragraphs (a), (b) and 8 of Subdivision 2, of Section 458-a shall be $27,000, $18,000 and $90,000 respectively. 212-73 Effective date. This article shall take effect immediately. It shall be filed in the office of the Secretary of the State of New York. SECTION 2. This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York in accordance with Municipal Home Rule Law Section 27. All Council members agreed this was a good exemption for these deserving veterans. There was some discussion that it would be likely that the state legislature would broaden the scope. Commissioner Stephen Towne thanked both Jim Coyne and Alice Braim for bringing this matter to his attention. Ayes all. Local Law #2 - Parent/Grandparent Exemption (05-24) Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to adopt local law #2 to add a new Article XIII to the Code of the City of Saratoga Springs, New York, entitled “Taxation - Parent or Grandparent Living Quarters Exemption” as follows: LOCAL LAW NO. 2 OF 2005 A LOCAL LAW TO ADD A NEW ARTICLE XIII TO THE Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED ATAXATION B PARENT OR GRANDPARENT LIVING QUARTERS EXEMPTION.@ BE IT ENACTED by the City Council of the City of Saratoga Springs, New York as follows: SECTION 1. A new Article XIII of Chapter 212 of the Code of the City of Saratoga Springs is hereby created to read as follows: AARTICLE XIII Parent or Grandparent Living Quarters Exemption 212-85. Grant of Exemption Pursuant to Section 469 of the Real Property Tax Law, the City of Saratoga Springs hereby provides for an exemption from taxation to the extent of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living quarters for a parent or grandparent, who is sixty-two years of age or older. Such exemption shall not exceed (a) the increase in assessed value resulting from construction or reconstruction of such property, or (b) twenty percent of the total assessed value of such property as improved, or 8 twenty percent of the median sale price of residential property as reported in the most recent sales statistical summary published by the state board for the county in which the property is located, whichever is less. Limitations The exemption from taxation provided in Section 212-85 shall be subject to all limitations, restrictions, definitions, and procedures as provided in Section 469 of the Real Property Tax Law.” SECTION 3. This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York in accordance with Municipal Home Rule Law Section 27. Commissioner Matthew McCabe asked why the age of 62 was used. Tony Popolizio said it is set by NYS law. Commissioner Matthew McCabe asked about disabled parents or grandparents who are not 62. Tony Popolizio said all of the parameters are set by NYS and there is no room for modification. Commissioner Matthew McCabe asked about verification for those using the exemption. Tony Popolizio said that verification would take place. Ayes all. MAYOR=S OFFICE Contract with Department of Transportation for Traffic Light (05-25) Matthew Dorsey said the resolution was distributed to Council members before the meeting. He said this resolution is between the City and NYSDOT for betterments at Route 9P and Crescent Avenue. A traffic signal would be installed at a cost of $60,000. The funds for this traffic signal were obtained from developers in this area and were dedicated for this purpose. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign all documents in connection with the betterments at Route 9P and Crescent Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Avenue for the traffic signal. The funding will come from the line item of fees charged to developers for this purpose. Ayes all. Commissioner Matthew McCabe said a budget amendment will be required at some point. 2005 Consolidated Plan Priorities Questionnaire Brad Birge, Community Development Director, announced that the City is updating the consolidated plan which is their five year strategic plan. He said that questionnaires had been distributed to more than 200 organizations seeking their input. He said that the questionnaire is available on the City’s WEB page and at his office. The questionnaire is due back by February 28 and will be used for funding in following years programs. ACCOUNTS DEPARTMENT Approval of February 1, 2005, meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the February 1, 2005, meeting minutes. Ayes all. Award of Bid - Road Sand Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for road sand to Carver Sand and Gravel for $5/ton/delivered (lowest acceptable bidder). This bid was reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Local Law #2 - Parent/Grandparent Previously discussed. Local Law #3 - Veterans Exemption Previously discussed. Henry Street & High Rock Avenue Zoning Amendment & Comprehensive Plan Amendment Commissioner Stephen Towne said that pursuant to the Council’s request of November 16, the Mayor’s Office convened a set of meetings between the neighbors and the petitioners of the Henry Street/High Rock Avenue zoning amendments. Those meetings were held on November 30 and January 11. As a result of those meetings, a new alternative solution emerged. There was consensus to move forward with a new Urban Residential-4A District designation for both the Henry Street and High Rock Avenue area. Because of the slight increase in permitted density for the UR-4A district, this zoning change would also require a slight modification in the Comprehensive Plan to change the designation of this area from High Density Residential-1 to High Density Residential-3. The Planning Board reviewed this UR-4A proposal and by a vote of 6-1 agreed to issue a favorable advisory opinion on the new UR-4A proposal. The Board did review alternative approaches but found that the UR-4A approach received support from the neighbors and petitioners. The Board concluded that the proposed UR-4A zoning was in accord with the general intent of the zoning ordinance and would be compatible with the Comprehensive plan if the map amendment was made. Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Commissioner Stephen Towne then requested that a public hearing be set for the March 15 Council meeting at 6:50 p.m. for the amendment to the Comprehensive plan and a public hearing at 6:55 p.m. on March 15 for the zoning amendment. Washington Street Project Commissioner Stephen Towne said this is a follow up to questions and concerns raised regarding change order costs associated with the Washington Street project. He said over the last 10 days, there have been a couple of meetings with the City Engineer, the Director of Public Works, Commissioner of Finance, City Attorney, and Risk & Safety Manager on this matter. The issues involved the extent of the rock to be excavated (approximately three times that which was originally estimated by the engineering firm of Smith & Mahoney). He requested that the City Attorney review the contract to explore any recourse that we may have with respect to that matter. The change order costs with respect to the rock excavation are also approximately three times the amount bid in the original contract. The City has the following options: a) proceed with the prices that have been agreed to by the City Engineer and which the City has already begun paying, b) renegotiate the price, or c) as suggested by DPW, consider rebidding the balance of the project. He asked DPW to make a recommendation at the next Council meeting regarding what they believe to be the most appropriate course of action regarding change order pricing. It should be noted that the project is approximately 60 percent completed. The work has been suspended due to the winter conditions. Commissioner Stephen Towne said that working with Commissioner Matthew McCabe and Finance Director Christine Gillmett-Brown, a draft set of standardized procedures for dealing with change orders was produced and distributed this evening. He said he would bring this back to the next Council meeting for discussion and vote. Purchasing Policy Commissioner Stephen Towne informed Council members that his department had begun a review of the City’s purchasing policy and he asked Council members to forward suggestions that might enhance the effectiveness of our purchasing procedures. He said that he would bring this back to a future Council meeting for discussion and vote. Special Livery Ordinance Commissioner Stephen Towne said that he was reassembling a special livery ordinance review committee. This ordinance was previously reviewed two years ago. The committee will be comprised of members of the Chamber of Commerce, the DBA, Skidmore College, NYRA, the transportation advisory committee and other similar organizations with an eye to coordinating the review of this ordinance with other efforts underway that include a review of the City’s transportation options. The chair of this committee will be Gavin Landry. He asked Council members for their suggestions on this matter Quadgraphics - certiorari matter Previously discussed. SNS PILOT (05-26) Matthew Dorsey said that Watkin Apartments is owned by SNS Development Company. Watkin Apartments is subsidized housing for low and moderate income seniors. Approximately 25 years ago, there was a PILOT for the property. The financing terms for this project still have another five years. The developer is requesting that the PILOT be extended an additional five years until their mortgage is paid. If extended, this will allow them to continue the subsidized rents. Richard Frankel, attorney for SNS Development said that this is a 111 unit facility. He said they believe that it is important to maintain the subsidized rents and therefore are requesting that the PILOT be extended. Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Mayor Michael Lenz clarified that the subsidized rents would continue if the PILOT is extended. Richard Frankel said yes. Richard Frankel said it was his understanding that as long as there is a PILOT, SNS may only charge rent levels permitted by HUD. Commissioner Matthew McCabe asked what would happen when the PILOT ceased. Matthew Dorsey said that at that time the plans would be reviewed. They are in the businesses, though, of providing this type of housing. Matthew Dorsey said that one of the conditions of extending this PILOT was that there be a good faith attempt from SNS to continue with the low and moderate income rents. He said another condition is that they continue to extend the subsidized housing for low income elderly through the Section 8 housing program. Commissioner Stephen Towne said this is a great benefit to a large portion of the community. He said this is a step towards providing affordable housing. There are 111 units with rents of approximately $600. The City has sole authority to approve this PILOT. He said that from a revenue standpoint, the amounts received are not that far off from what the City would have gotten if fully taxed. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded that subject to the following conditions, the current PILOT Agreement with SNS Development Company, L.P. be extended through the end of their current financing (an additional 5 years). SNS Development is the owner of subsidized housing for low income elderly located on Union Street in Saratoga Springs B commonly known as Raymond Watkin Apartments. The conditions are as follows: a) Contingent upon SNS continuing to provide subsidized housing for low income elderly through the federal Section 8 housing program. (Rents have been stable since 1995 based on current federal standards.) In the event SNS fails to continue to provide subsidized housing for low income elderly, the PILOT Agreement shall terminate; b) Contingent upon SNS making good faith attempts to maintain the property as subsidized housing for low income elderly after the financing terminates; and c) Contingent upon the withdrawal of the Article 7 proceeding currently filed by SNS against the City. Ayes all. FINANCE OFFICE Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: February 4, 2005 -- $338,348.50 and February 11, 2005 B $340,311.37. Commissioner Thomas McTygue questioned the hiring of five trainees for the Fire Department. He said it was his recollection that the Council approved four trainee positions. Commissioner Matthew McCabe said the positions had yet to be funded. Commissioner Thomas McTygue said it was his understanding that these four individuals would be trained and ready to fill anticipated vacancies. Commissioner Thomas Curley said there was a fifth position vacated through retirement and the latest individual was hired to take that position. He said that individual was not part of the four trainee positions. Deputy Commissioner Erin Dreyer said that the Council approved four trainee positions. Only three of those positions were filled. The fourth individual hired was to fill a vacancy that just recently occurred. Commissioner Matthew McCabe said the vacated positions are currently being covered through overtime. Commissioner Thomas McTygue said it needs to be made clear that the Council approved only four trainee positions. He asked if there was additional funding required. Commissioner Thomas Curley said no. He said DPS recently filled two vacancies and there are now three trainees. Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 2/15/05 6DEC04 $ 70,812.63 2005 regular warrant 2/15/05 2FEB05 $ 200,481.14 2004 mini warrant 2/9/05 MC040209 $ 3,248.11 2005 mini warrant 2/9/05 MC050209 $ 145,360.12 Ayes all. Transfers Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2005 Budget Transfers previously distributed with the agenda. This set of transfers is listed separately, per the budget transfer policy, which requires that transfer requests from or to payroll receive separate Council approval. Lines 1-6 B From the Dept of Public Safety, this transfer to the Comp Time line from overtime lines is necessary to account for overtime hours credited to comp time instead of pay (Attachment A). Ayes all. Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded for the approval of the 2005 Budget Transfers previously distributed with the agenda. Lines 1- 3 B From the Mayor’s Office, to purchase a new, and the first, computer for the historian’s office. This is necessary for efficient operation of the office. Lines 4 B 7 B From the Dept of Public Safety, this transfer is necessary to cover part of the cost of software maintenance in the police department in 2005. Lines 9-11 B From the Dept Public Works, transfer of funds from hospitalization to cover vision insurance, where all funds were previously included in hospitalization (Attachment B). Ayes all. Budget Amendments None. Investment Policy (05-27) Commissioner Matthew McCabe said the charter requires that the Commissioner of Finance prepare an investment policy. The first investment policy was adopted in 2003. The policy has been updated and distributed the majority of the modifications are miscellaneous items involving dates and names. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adopt the investment policy as presented (Attachment C). Ayes all. Standard Workday Resolution (05-28) Commissioner Matthew McCabe said that the Council must pass a resolution defining the standard work day for all elected and appointed officials. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adopt the following resolution: BE IT RESOLVED, that the City of Saratoga Springs be and hereby establishes the following as a standard workday for elected and appointed official for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System: Appointed Official: Deputy Commissioner - M. Lynn Bachner, five day work week, eight hour day. Ayes all. Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Transfer Policy (05-29) Commissioner Matthew McCabe said that as part of the 2005 budget, the allocation of insurance and other related items is now in each department. These amounts need to be available at all times to pay those expenses. These lines must not be available for transfers except in very specific and well guarded situations. He recommended, through this revised policy, that the Council prohibit all transfers from those lines except where expressly authorized by the Commissioner of Accounts for lines that fall within the purview of that department and the Commissioner of Finance for all others. The City Center is exempt from this procedure as they have sole authority over their budget. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adopt the transfer policy as presented (Attachment D). Ayes all. Capital Reserve Fund - Hub Parking Deck (05-30) Commissioner Matthew McCabe said the building known as the Hub was sold to the Adirondack Trust Company for $602,575. Those funds were intended to be used for the construction of the Hub lot parking deck. It was agreed those funds would be placed in a capital reserve fund. Therefore, Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adopt the following resolution: RESOLUTION OF THE CITY COUNCIL FO THE CITY OF SARATOGA SPRINGS AUTHORIZING THE CREATION OF A HUB LOT PARKING DECK CAPITAL RESERVE FUND WHEREAS, the City Council of the City of Saratoga Springs desires to build a parking garage on the property owned by the City and commonly known as the Hub Lot, located on the corner of Church Street and Woodlawn Avenue, WHEREAS, a portion of said property was sold by the City of Saratoga Springs to The Adirondack Trust Company for the amount of $605,000.00 (with net proceeds of $602,575.00), and these funds are intended to be used for the construction of said parking garage, THEREFORE, be it resolved that pursuant to General Municipal Finance Law section 6-c(2)(a), the City Council of the City of Saratoga Springs does hereby establish a Capital Reserve Fund to finance all or part of the cost of the construction of a parking garage on the Hub Lot property owned by the City of Saratoga Springs and located on the corner of Church Street and Woodlawn Avenue. The Commissioner of Finance is hereby directed to deposit monies of this reserve into a separate bank account to be known as the “Hub Lot Parking Deck Capital Reserve Fund”. The Commissioner of Finance is hereby authorized to invest from time to time, the monies of this fund pursuant to General Municipal Finance Law and shall then credit to the fund any earned interest. No expenditure shall be made from this capital reserve except upon authorization of the City Council pursuant to section 6-c of the General Municipal Finance Law. AND IT IS FURTHER RESOLVED, that pursuant to section 6-c of the General Municipal Finance Law, the City Council of the City of Saratoga Springs does hereby direct the Commissioner of Finance to transfer $602,575.00 (from the sale of The Hub) from the general fund into the capital reserve fund entitled the Hub Lot Parking Deck. Ayes all. Assistant City Attorney Payroll Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded that the annual salary for the Assistant City Attorney as approved at the last Council meeting ($53,000 as Assistant City Attorney and $15,000 for the ZBA Attorney) be retroactive until January 1, 2005. Ayes all. Sales Tax Commissioner Matthew McCabe said the good news was that the City budgeted $7.6 million for sales tax revenue for 2004 and actually received $8,119,032.81 which exceeded the estimated revenue by $519,000. There has been a lot of activity in the City and he continues to identify businesses that are not reporting to the City. He believed that eventually the sales tax revenue issue would balance out. It was a difficult decision for the Council to make. His job is to manage the budget. The overall increase from the actual amount received from 2003 to 2004 was $1,166,290. The City needs to closely review the PILOT programs. The reports that the sales tax revenue would eventually stabilize were true - it has stabilized. The Council needs to start prioritizing on what we now do with the money. The Council needs to focus on what we have received and not what we would have received had we stayed in the formula. He said he was happy to report that it was $1.1 million higher than last year and $500,000 more than expected. Mayor Michael Lenz said when the Council opted out of the sales tax formula there was nothing from the County that said they were going to change the formula and in fact, it was just the opposite. They passed a resolution saying that the formula would remain in tact and it would not be discussed unless a resolution was brought forward to do so. The City always had the option to leave the formula if the County was to change the parameters. Exit 15 is a great generator of sales tax and many of the City residents are going out there to shop. The County as a whole is increasing at a far greater rate than the City. We need to look at their numbers and admit that the City has a problem. There is a reluctance to say that the Council did not make the right decision. He plans to go to the County and talk to them about getting back into the formula and he will not give up on that fight. When looking at what we would have gotten ($10 million) as to what we got ($8.1), there is a big difference. It did not make any sense for the City to leave the formula. It will be difficult for the City to get back in. These points need to be continually made. Commissioner Matthew McCabe said there is good news this evening. He continues to look for more sales tax dollars. There is more development in the City. The franchise at the track is a significant issue that needs to be looked at. We need to focus on what we have. He is encouraged by these numbers. The City went up more than $1 million from last year. We should accentuate the positive. Mayor Michael Lenz said the gap between what we got and what we would have gotten is wide and will continue to widen. He was not sure if the City would ever get to the break even point. Commissioner Thomas McTygue said the Mayor continues to focus on what is lost. When the City withdrew from the County formula there was intent by the County to change the formula. They already reduced the City’s share from 26 percent down to 19 percent so the City had already lost revenue. The supervisors from Wilton and Clifton Park did not believe they were getting their fair share due to the growth in their towns. He said that Mayor Michael Lenz continues to say that the City lost $4 million but he believed the County beat the City out of $12 million when they reduced the percentage from 26 to 19. The City of Mechanicville lost hundreds of thousands of dollars when the City left the formula The County is not generating any more sales tax, unlike Commissioner Matthew McCabe who is out searching for more sales tax dollars. The City should be looking to the county for the OTB and Admissions Tax revenues. He reminded everyone that this was not a partisan issue in that Commissioner Thomas Curley voted to leave the formula. The County has gotten more sales tax dollars due to Commissioner Matthew McCabe’s due diligence. Anthony Scirocco said he represents the City at the County. Back in the 1980s the City was the only game in town, but now there is Wilton and Clifton Park. Their shares of the sales tax revenue grew and the City’s piece got smaller, however, the City was still ahead of the game. The County did not take the money away from Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Mechanicville, that happened when the City withdrew from the formula. In fact the County made Mechanicville whole the first year. Supervisor Phil Klein assisted in getting the City some funds for the parking garage. The County cares about the City. Commissioner Thomas McTygue asked if the supervisors were actively seeking any of the OTB money. Anthony Scirocco said the City could loose much more through the loss of NYRA and that should be the focus. He challenged anyone to find any information that stated that the County was going to change the sales tax formula when the City opted out. Commissioner Thomas McTygue asked for an explanation of the loss of $12 million. Mayor Michael Lenz said the City always had the option to withdraw from the formula. He said that for the City to opt out because the County might have been thinking about changing the formula did not make sense. The City made the decision prematurely. If the City wants to compare the correct figures, then we need to look at what we would have gotten to what we did receive during the same time periods and under the same formula. The City made less being on our own. Commissioner Thomas McTygue reminded everyone that the City was charging its own sales tax of 3 percent, we then joined with the County and 1.5 percent of that 3 percent. We started at 26 percent share and went down to 19 percent share. The County recently reaped the benefit of $1.1 million because of Commissioner Matthew McCabe. Commissioner Matthew McCabe said the gap is narrowing on what we received as opposed to what we would have received. There was a dip in revenue when we left the formula, however, it is now on the rise. Mayor Michael Lenz said the fact is that the City lost money. DEPARTMENT OF PUBLIC WORKS Water Commissioner Thomas McTygue asked Supervisor Phil Klein if members of the public are allowed to speak at County meetings. Phil Klein said the County has an open mike similar to the Council. Also a member of the public could make a request to the chair to be placed on the agenda. Commissioner Thomas McTygue asked if the public could speak at committee meetings. Phil Klein said that would be up to the committee chair. Phil Klein offered that if Commissioner Thomas McTygue had a specific question for a committee or the Board he would be happy to do some research and get back to Commissioner Thomas McTygue. Commissioner Thomas McTygue said there was an article in the newspaper today and he found it interesting that Supervisor Lawlor expressed concern over the cost of the County water project. He also stated in that article that he did not know how much the project will cost. He said the last letter from the County to the City stated that the County would require the City to purchase four mgpd. There have not been any letters since that time. Supervisor Lawlor wants to know how much water the City will purchase. He reminded everyone that the Council voted that the City would not buy any set amount. He asked if that message had been conveyed to the County. Supervisor Phil Klein said that he expressed the City’s intent to the County Board and indicated to the Board that the City may opt to only purchase what it needs. The County is moving forward under that concept. The County would still like to enter into an agreement with the City. Commissioner Thomas McTygue asked that the City’s resolution on this matter be forwarded to the County. Mayor Michael Lenz said he would do so. Barton & Loguidice Contract - Water Treatment Plant Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the amendment to the contract with Barton & Loguidice concerning the additional filter/settling basin improvements for the Excelsior Avenue Water Treatment Plan (contract previously distributed). Ayes all. Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 Niagara Mohawk Parking Commissioner Thomas McTygue said he recently sent a letter to Niagara Mohawk explaining some details of the proposed short term agreement on parking. He proposed that a “park and ride” facility be established at the old Niagara Mohawk location on Excelsior Avenue for March 15, 2005 through January 6, 2006. This would supplement the anticipated loss of downtown parking spaces during construction of the parking deck. It would allow for about 250 cars. This would also be used during special events. The employees of the construction firms will park in this lot. He is working on this agreement and will report back to the Council. Loughberry Lake - Purchase Property Commissioner Thomas McTygue said he was working on the possibility of purchasing of the former Congress Gas & Oil site adjacent to Loughberry Lake. We will be able to move forward with the purchase in the near future. The land is approximately 7.6 acres, however, there is a deeded portion at the north western end that Stewarts may want to retain. Stewarts would also like to maintain the right to be allowed to use the land within the 300 foot buffer area. Hub Lot Parking Deck - SEQRA (05-31) Bill McTygue, Director, Public Works, said the SEQR had been distributed to Council members. This is for the parking deck on Church Street for 220 vehicles. Before the project can progress, the Council needs to issue a determination of environmental significance in accord with SEQR regulations. Bill McTygue noted that on page 7 there was an error in the Saratoga county funding of the project in that is should be $300,000 over 4 years. He said the bid has been awarded but the contract has not yet been signed. Commissioner Matthew McCabe requested that the contract be reviewed very carefully in that he did not want to be in the same predicament that the Washington Street project is now in. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to add this item to the agenda for discussion and vote. He noted that it was listed on the agenda as a discussion but not vote which was an error. Ayes all. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded for the classification of this project as a Type I SEQR action and for the issuance of a negative declaration of environmental significance because the analysis of the information provided presented in Part II of the environmental assessment form demonstrated that the project will not result in any large and important impact and therefore is one that will not have a significant impact on the environment. Commissioner Stephen Towne said that originally there were some issues on neighborhood impacts, traffic, noise and involved agencies. He asked for an update. Geoff Bornemann said in December there were some questions on involved agencies, however, it had been determined that the County is not an involved agency. He said there was supplemental information on traffic impacts included in the package. Commissioner Stephen Towne asked if there was any more information that the City should have to make the SEQR more accurate, complete and/or appropriate. Geoff Bornemann said that procedurally the Council has a package and they need to determine if it is sufficient to adopt. He said there was no traffic study, however, it did not meet the threshold to do one. Supervisor Phil Klein questioned the involved agency status of the County. Commissioner Matthew McCabe said the County is not an involved agency because the funds being given to the City are not going to a dedicated fund. Commissioner Matthew McCabe recalled a previous conversation in where is was agreed the funds would go directly to the City’s general fund and not to a dedicated fund. Phil Klein agreed the funds would go to the general fund and not a dedicated fund. Ayes all. Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 DEPARTMENT OF PUBLIC SAFETY Crossing Guard Salary (05-32) Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded to approve the crossing guard pay as follows: Starting $7.50/hour After 1 year of service $8.00/hour After 3 years of service $8.25/hour After 5 years of service $8.50/hour After 8 years of service $8.75/hour After 10 years of service $9.50/hour After 15 years of service $10.00/hour The funds are included in the DPS budget. Ayes all. Child Safety Seat Program Donation of Space Commissioner Thomas Curley moved and Mayor Michael Lenz to accept the donation of storage space from William Morris Excavating in the amount of $1,380 to store the child safety seats. Ayes all. Fire Engine Commissioner Thomas Curley announced that the newest fire truck had arrived and is now in the possession of the Fire Department. SUPERVISORS Supervisor Phil Klein said the County Water Committee recently awarded the contract to a firm for the DEIS on the County water project. Today is the last day to submit a proposal for the legal services for that project. The County will meet on March 1 at 4:00 p.m. and the project will be underway. He asked that when there are meetings concerning the parking deck that both supervisors be included. Council members agreed. There was some discussion on the possibility of the County taking over the pump station. He met with the City sewer commissioners and the County is interested, however, there is a list of items that need to be reviewed before they take possession. Bill McTygue said that they do not have the manpower to undertake any extensive work that might be requested by the County. He said it was not something that the City could furnish. Phil Klein said they would put together a list of their concerns and forward it to the City and the City can then let the County know whether the issues can be worked out. Supervisor Anthony Scirocco said the County recently approved a resolution for $20,000 for aggressive driving patrols. There was also another resolution for bridge work in the amount of $524,000. The County will also take care of Dyer Switch Road. He suggested the some thought be given to using Lake Lonely as a water source. It is located completely within the City’s limits. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. There being no one wishing to speak, Mayor Michael Lenz closed the second public comment period. Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 15, 2005 ADJOURNMENT Mayor Michael Lenz and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:35 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:35 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 14 of 14