City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 17, 2005 5:30 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: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner DPS Alicia Farone, Deputy Mayor Deborah Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:33 p.m. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourned to executive session at 5:33 p.m. to discuss Gaslight Square, land acquisition and a personnel matter. Council members returned at 6:35 p.m. and reported that Gaslight Square and land acquisition were not discussed. No action was taken on the personnel matter. PUBLIC HEARING Grand Avenue & Beekman Street - Four Way Stop Mayor Michael Lenz opened the public hearing on the Grand Avenue & Beekman Street four way stop. Janine Stutchen, 211 Beekman Street, was in favor of a three way stop at Beekman Street and Grand Avenue and to change the one way direction to the other direction. John Kraus, 227 Grand Avenue, said he was not opposed to one way (all in the same direction) or a four way stop. He was concerned with the speed of the traffic along Grand Avenue and suggested that more stop signs along Grand Avenue be considered. He also suggested that additional signage for one way and speed limit be installed. Richard Selikoff, 171 Washington Street, said it made more sense to have Beekman Street all one way in the same direction. He also suggested that some consideration be given to the speed along Grand Avenue. John Haynes, 152 Grand Avenue, said there are many accidents in this area. He would like to see Beekman Street one way all in the same direction and better control of traffic along Grand Avenue. Page 1 of 16 Ameo Amyot, said there has been little traffic along Beekman Street since the one way block was instituted. She said there needs to be additional signage showing the one way and which direction it is going in. There are also no “wrong way” signs along Beekman Street. Roger Wilcox, 159 Washington Street, said he supported having Beekman Street one way all in the same direction. He said there should be some consideration given to not allowing cars to park right up to the intersections. He said it makes it difficult for drivers to see cars coming at the intersection. Frank Flores, 73 Beekman Street, submitted a petition to the Council from the neighbors supporting one way on Beekman Street all in the same direction. They also supported the four way stop. Commissioner Thomas Curley said it was his intention to reverse the one way traffic along Beekman Street and he would request a public hearing for the next Council meeting. He said it was also his intention to install a four way stop at Grand Avenue and Beekman Street. Rick Sellikoff, 154 Washington Street, asked how long it would take to complete the signage process. Commissioner Thomas Curley said that a public hearing would be held at the next meeting and he would also request a vote that evening. Larry Reis, 214 Beekman Street, said he was concerned that children on bikes are not legally able to ride their bikes in the wrong direction on a way street, therefore, they are forced to travel along Washington Street which has a higher volume of traffic. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Taxi Ordinance - Gasoline Surcharge Tony Izzo, Assistant City Attorney, informed Council members that the surcharge option was added to the ordinance many years ago which allows taxi owners the ability to request a gasoline surcharge. He explained that for every $.25 increase in the price of regular, unleaded gasoline for 30 days, a 10 percent surcharge may be requested. He said a request from a taxi owner requesting this surcharge had been received. He said a public hearing is not required, however, one was scheduled to give the public the opportunity to express their thoughts. Commissioner Stephen Towne said that the price of gas has exceeded $2.25 for more than 30 days, therefore, the surcharge could be a maximum of 20 percent, however, he was proposing 10 percent. The public hearing was opened. Cheryl Keyrouse, 13 Wampum Drive, said she had spoken to seniors on this matter and they are concerned with the increased cost. She said she had done some research and found that other communities offer a dial-a- taxi program. She suggested that the County consider funding such a program. Debbie Harper, Deputy Commissioner of Accounts, informed everyone that the City offers a gold card to seniors which gives them a 10 percent decrease in taxi fares. Commissioner Stephen Towne again said that he is proposing an increase of half of what could be offered. He said he also talked to the executive director of the senior center and found that many of the seniors do not use taxis because there is bus service. He said the executive director also felt that 10 percent was a reasonable increase. Brett Peek, Capital Land Taxi, said his company operates the senior bus. It operates five days per week, is provided by the county and there is a $1 donation for riders. The bus is operated in the City, Ballston Spa, Malta and Milton. The program is for seniors 62 or over. They simply need to call the Saratoga County Office for the Aging and get on the list. The public hearing was closed. Special Livery Ordinance Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Tony Izzo, Assistant City Attorney, said the committee met several times to review this ordinance. He said that two new sections have been added to the ordinance -- pedicabs and advertising. He reviewed the pedicab section noting that it was quite detailed on the requirements. He also noted that the advertising section was very detailed and very little advertising would be allowed on special livery vehicles. The public hearing was opened. Mark Heffernan, 84 Ludlow Street, Saratoga Cycle Cab, LLC owner, thanked the Council for the reviewing this ordinance. He said pedicabs would be a great addition for the City. He said they will also be a great form of alternative energy transportation for residents and tourists. He said pedicabs should alleviate some of the traffic congestion and parking issues. He said he was disappointed that the major thoroughfares were not included but hoped that they might be under the next review of this ordinance. He thanked the committee for inviting him to meetings and for listening to his concerns. Commissioner Stephen Towne said the overriding concern is safety. He said the committee worked closely with DPS on the routes so that safety would not be compromised. He said that the ordinance has a review trigger date and perhaps the major thoroughfares could be addressed during the next review. Peter Looker, 45 Jefferson Street, said the addition of the pedicabs in the City was a good idea, however, he believed that some of the requirements to obtain a license were excessive. He suggested the Council reconsider some of those requirements. Paul O=Donnell, Celtic Treasure, said he supported the addition of pedicabs and hoped that the major thoroughfares could be reconsidered and included. Kristine Healy, Saratoga Chariots said it was a delight to serve on this committee. She said it was a fine example of multiparty support. She said as a pedicab owner, she would do her best to do a good job and said that based on the performance of pedicabs, perhaps the major thoroughfares could be added. She said, however, that she supported the ordinance as presented. Gavin Landry, Chair of the Special Livery Ordinance Review Committee, said it was a pleasure to serve the community as chair of this committee. He said the committee worked hard on reviewing and updating the ordinance. The committee believed that pedicabs would probably be used more as a tourism vehicle rather than a vehicle going from point A to point B. Safety was an issue with the committee and perhaps once the pedicab companies have a proven track record, the major thoroughfares could be added. Dave Bronner, 5 Royal Henley Court, said he supported the Special Livery Ordinance as presented. Tony Izzo said that there were two minor corrections to the ordinance on driver classification under equine vehicles and the addition of some text on the “refusal to renew”. He said the text on those two matter would be added. The public hearing was closed. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the first public comment period. Fred Clark, Walton Street, said he was glad to read in the paper today that the alley way entrance/exit from the garage would be gated off. He thanked Council members. Dave Bronner, 5 Royal Henley Court, said that Kyle York presented his credentials at the last Council meeting and it seemed to him that he was just a journalist. He said the facts are that there are no detectable levels of Pcbs in the water or in the sediment. He said there is no detectable level of Pcbs in the water at the Queensbury Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 intake. He said that Kyle York said that with the 100 year floods the sediment would be stirred which could increase the Pcbs in the water. He said that the Sacandaga reservoir controls the rate of water and there was no need to be concerned with the sediment being stirred up. He said the DEC has answered the City’s questions on this matter in a letter from March 2004 in which they stated that there are no detectable levels of Pcbs in the treated or raw water of Queensbury. DOH continues to monitor the water and they have not detected any Pcbs. John Vandeveer, 20 Marion Place, vice chair of the Media Center Committee, submitted additional signatures showing the level of support for the media technology center. The City now has a total of 369 signatures. He thanked the League of Women voters for their efforts in establishing cable access in the City. He urged the Council to fund the renewal process so the City can begin to prepare for negotiations. He also supported the use of an independent professional to conduct each phase of the renewal process. He submitted 25 letters of support for the media center from organizations throughout the community. Kyle York, 59 Railroad Place, thanked the Council for allowing him to make his presentation at the last meeting. He said he will post a WEB site soon with all of this information. There was a clean up of an area near the proposed intake for the County, however, it was not finished. He then reviewed the harmful effects of Pcbs in the water. Kate Oppedisano, 91 Union Avenue, committee on charter implementation, said the progress on charter implementation had been slow. She said the charter allowed for an 18-month transition period and we are near the end of that time period. The Mayor should be regularly reporting on the status of charter implementation. The Council is falling behind on implementation. They would like a time line and a report. John Kraus, Grand Avenue, said it was time to think about the budget process and the Council should aim for $4.71 as the anticipated rate. He said the 8 percent increase in assessed values this year on top of last year’s increase is significant. The school district rate fell from $13.32 to $12.91. The City’s rate should be $4.71. Residents do not want another increase. Wilma Koss, 160 Kaydersoss Park Road, said the Hudson River water is class A. If the City cannot depend on the designation of class A for the Hudson River, then it should not depend on the classification of class A for the lake either. James Cornick, Assistant Chief of Police, said he was here tonight to comment on the allegations that there were untruthful and false accusations in the grand jury report. He said he took his oath very seriously when he swore on the bible and he then quoted passages from the bible on truthfulness. He said he spoke the truth as did the other police officers who testified. He said it was becoming evident who did not tell the truth. Peter Looker, 45 Jefferson Street, said there should be a crackdown on illegal mufflers during the summer months. He said they are often very loud. The public comment period was closed. MAYOR=S OFFICE Americorp Presentation Allison Kemphouse, Kentucky; Leo McCosky, California; Marlie Tranhome, Wisconsin and Jody Vandermollen, Montana, made a presentation to the Council on the Americorp Program. They came to the community through the Bethesda church. This is a national service organization that also travels oversees. It is a team based organization with individuals ranging in age from 18-24 who serve communities in a variety of capacities. They provide educational, environmental and disaster relief programs. The program lasted ten months. They are currently assisting the Christ the King Church at the Beaver Cross Camp by clearing brush, trails, building a dock and building a waterfront area. They will do more than 1,700 hours of service work, 80 of which must independent of this program. They have also worked at the YMCA, Boys & Girls Club, Habitat Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 for Humanity and Double H Hole in the Woods. Council members said they should be commended for their decision to participate in this program. DEPARTMENT OF PUBLIC WORKS Church Street Parking Deck Presentation Commissioner Thomas McTygue said the entrance/exit to the alley from the garage would be gated and would only be used for emergency and snow removal purposes. Bill McTygue said he appreciated the opportunity to update Council members on the progress of the parking deck. He thanked committee members, Wallace Allerdice, Jim Grande, Tim Martin, Tom Roohan, Tom Frost, Paul Male, Barbara Johnson and Marilyn Rivers for their expertise. Eric Seber, LeChase Construction and Tom Frost, Frost Architecture appeared before the Council. Tom Frost said the location of this structure was closer to Woodlawn Avenue and Walton Street than it is to Church Street. The main entrance will be off of Woodlawn Avenue for the lower level and for the upper level it will be off of Walton Street. The alley used to connect to Church Street, however, it will now run directly into the garage but will be gated at the entrance/exit to the garage. He said when they began excavating the area, the found the old yellow paver bricks. Those bricks were saved and will be used in the park area They will be a reminder of what was originally on the site. The park area will have benches, guard shack, bushes, bike rack and will be built entirely by the Adirondack Trust Company as part of their construction project which is adjacent to the garage. Tom Frost then showed elevations of the structure noting the vehicular entrances and the canopy covered stairwells for pedestrian access. There will also be a connection at the rear of the garage for the Adirondack Trust Company. There will be 217 parking spaces on each level. He then reviewed some of the material to be used during construction, noting the light poles on the parking garage will replace the street lights. To mitigate the headlights from cars for neighbors on the second level of the garage, a concrete wall that is four feet high will be installed. Pre-cast brick will be used on portions of the garage. Mayor Michael Lenz said he was glad to see that the concerns expressed by the neighbors had been addressed. Fred Clark, neighbor, asked about the existing wall. Tom Frost said that the garage will be constructed separately from the existing wall. The existing wall will not be touched. Commissioner Thomas McTygue thanked them for their presentation. MAYOR=S OFFICE Either Property Zoning Amendment Petition - 30 East Broadway & 289 Jefferson Street Mayor Michael Lenz said the Council had received two petitions from Stephen Ethier for zoning map amendments on the south side of the City. The first proposal is to change the classification of a one acre parcel of land at 30 East Broadway from Urban Residential-2 (single family) to Urban Residential-4A (multi-family). The second proposal is to change the classification of a 1.5 acre parcel of land at 289 Jefferson Street from Urban Residential-2 (single family) to Urban Residential-4A (multi-family). The Council needs to decide if it will accept these petitions for study and forward them to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the two petitions for study and to send them to the City Planning Board for an advisory opinion. Ayes all. Americorp Previously discussed. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Recreation - Saratoga Springs City School District Bus Contract Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the Saratoga Springs City School District - Amendment (same as the one in 2004) to bus contract as presented (7 days x $38.75 per day), total additional amount is $271.25 plus $.50 mileage. Ayes all. Recreation - St. Clement’s Contract Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the contract with St. Clement’s School to utilize the school for indoor programming. The amount is $1 per hour more than last year for a total of $3,224. Ayes all. Recreation - Donation Stewarts Shops Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to accept the donation from Stewarts Shops in the amount of $3,500 for the Geyser Park Lights. Ayes all. Recreation Donation - State Farm Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the donation from State Farm with an estimated value of $1,744.40. Ayes all. D&E Technologies Contract Withdrawn. Crescent Avenue Traffic Light Contract Amendment (05-094) Matthew Dorsey said this agreement was the same as the one approved in February by the Council, however, the PIN was wrong in the previous one, therefore, a new one is necessary. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the betterment project agreement for the Crescent Avenue Traffic Light as presented. Ayes all. Commissioner Matthew McCabe clarified that there were no additional funds required. Matthew Dorsey, said there is an escrow account that was funded with developers fees with approximately $60,000 to cover this expense. IZOD Contract (05-095) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded for the Council to approve the contract for the Inclusionary Zoning consultant as distributed. Commissioner Thomas McTygue said there are two phases to the project each to be at $10,000. He said the City has the first $10,000 but not the second $10,000. Mayor Michael Lenz said the second $10,000 is contingent upon the City obtaining additional funding and his office is doing research on securing that additional funding. Commissioner Matthew McCabe said that item three in the contract meets the appropriation level. Ayes all. Announcement Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Mayor Michael Lenz announced an information session to be held on May 25, 2:00 p.m. at the City library on Medicare Part D. He said that this is an open information session with knowledgeable representatives who will explain this program. He encouraged interested parties to attend. ACCOUNTS DEPARTMENT Approval of May 3, 2005, meeting minutes Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to approve the May 3 meeting minutes. Ayes all. Award of Bid - Catch Basin Riser Extension Withdrawn. Award of Bid - Granite Curbs Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for granite curbs to Syrstone, Inc., for $12,225. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Pre-cast Curbing Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for pre-cast curbing to The Fort Miller Company for various prices. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Contract - Skate Park Upon the recommendation of the Mayor’s Office, Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with American Company of Joplin Missouri for skate park structure #1 (Pro Series) in the amount of $30,000 contingent upon the review of the City Attorney. This RFP has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Special Livery Ordinance (05-096) Commissioner Stephen Towne said the Special Livery Ordinance Committee had been meeting over the last several months. The committee was broad based with representatives from the Chamber of Commerce, the DBA, Skidmore College, NYRA, the transportation advisory committee and other similar organizations with an eye to coordinate the review of this ordinance with other efforts underway examining the City’s transportation options. The committee spent considerable time discussing whether to allow pedicabs to operate within the City. After reviewing material from other communities and listening to pedicab company owners, committee members believed that pedicabs would be another good form of environmentally friendly transportation for the City. Committee members believed that with the increased traffic during the summer season, routes for pedicabs should be restricted and have, therefore, identified streets where pedicabs are not allowed to travel on. Specifically, pedicabs will not be allowed on major thoroughfares such as Broadway, South Broadway, West Avenue, Washington Street and Lake Avenue. Crossing Broadway will be allowed at designated intersections. Changes to the ordinance included: minor typographical and housekeeping matters, addition of Article IV - Pedicabs and the addition of Article V advertising on special livery vehicles. Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Stephen Towne thanked committee members: Gavin Landry, chair, Saratoga Convention & Tourism Bureau; Joe Dalton, chamber of Commerce; George Hathaway, Saratoga Race Course; Kristine Healy, Saratoga Chariots (pedicab owner); Andrew Brindisi, DBA; Alexander Egan, Skidmore College; Bob Giordano, Transportation Committee; Sgt. Michael Chowske, Police Department; Debbie Harper, Deputy Commissioner Account; Marilyn Rivers, Risk & Safety Manager and Tony Izzo, Assistant City Attorney. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to adopt the Special Livery Ordinance as presented noting the minor changes as mentioned by Tony Izzo. Ayes all. Taxi Ordinance (05-097) Commissioner Stephen Towne said that per the existing taxi ordinance (Local Law #1 of 2004), a taxicab owner may request to charge a surcharge not in excess of 10 percent of the fare for every increase of twenty-five cents in the average price per gallon or regular, unleaded gasoline in the City of Saratoga Springs in excess of $1.75, provided that such price increase has continued for a minimum of 30 days and further that the surcharge has been approved by the Council. A request to invoke such surcharge has been received in my office. Regular, unleaded gasoline has exceeded $2.25 cents for more than 30 days. (Current forecasts indicate that prices are expected to fall below $2.25 in the near future). Because many of those individuals utilizing taxi cabs are those with financial limitations and/or are elderly citizens, he proposed that the Council approve a gasoline surcharge equal to a maximum of 10 percent of the existing fare. Both the taxi cab users and companies will split the maximum degree of potential surcharge given the fact that there have between two, $2.5 increases over the base of $1.75. The 10 percent surcharge on the existing fare is the maximum that can be charged. The taxi cab companies have the ability to decide whether to add this surcharge. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adopt the gasoline surcharge equal to a maximum of 10 percent of the existing fare. Ayes all. YMCA PUD - Set Public Hearing Commissioner Stephen Towne said that pursuant to the Council’s request of March 16, 2005, the Planning Board reviewed the proposed PUD legislation for the YMCA of Saratoga Community Campus at their April 6, May 4, and May 16, 2005 meetings. In addition, they had a subcommittee that met with the applicant and they held the required public hearing. As a result of this process, the revised the text and map of the proposed amendments. A revised copy of the proposed amendments including exhibits B and C were distributed to Council members. Within a week, we should be sending you the final version of these two exhibits. At the Planning Board’s May 16 meeting, they voted 5-0 to issue a Afavorable@ advisory opinion on the revised proposed zoning amendment for the following reasons: The proposal meets the intent and objectives of planned unit development as expressed in Article 240- 3.5: a. It meets all the general requirements of Article 240-3.5 b. The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another. There are adequate services and utilities available or proposed to be made available in the construction of the development. The Planning Board recommends that the Council proceed with the required public hearing on this PUD and refer this proposed PUD to the Saratoga County Planning Board for the required referral. They further recommended that the Council initiate the required coordinated review among the involved agencies listed on the SEQR form along with a request that the City Council be the lead agency for the environmental review of the proposed action. Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Stephen Towne requested that a public hearing be set for the June 21 Council meeting at 6:50 p.m. and to forward it to the County for the advisory opinion and to initiate lead agency review with the request that the Council be lead agency. E-Government Committee Commissioner Stephen Towne said that e-government can provide the public with more accessibility to government and in return lower the cost of doing business. He said it was his proposal to establish an e- government committee to review e-government. They will be charged with review staffing and resources as well. Brad Birge, Planning & Economic Development Director will chair the committee. Other members include: Kevin Kling, Nancy Wagner, Megan Cook, University of Albany, Elliot Masie, Masie Center and other members as appointed by Council members. His expectation is that the committee will begin work in July and have recommendations by the fall. Brad Birge said the City instituted its web site in1998. He reminded Council members that Nancy Wagner and Kevin Kling had developed a grant that would provide funding to allow for a complete overall of the City’s Web page and to also allow for the appropriate infrastructure to maintain the site. Commissioner Stephen Towne said that the City is waiting to hear the results of the awards of that grant and he was hopeful that the City would be successful in obtaining those funds. FINANCE OFFICE Approval - Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: May 6, 2005 - $335.388.91 and May 13, 2005 - $331,555.74. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following warrants: 2005 Regular Warrant 5/17/05 2MAY05 $ 650,923.07 2005 Mini Warrant 5/11/05 MC1MAY05 $ 87,420.91 Ayes all. Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 budget payroll transfers as follows (Attachment A): lines 1&2 B from the Recreation Department B two full-time employees were reclassified from Account Clerk to Senior Account Clerk; lines 3-7 - from the Recreation Department B extra help has been needed in the office during skate park planning; lines 8&9 - from the Recreation Department B this covers the costs for this is to send an employee to an accounting class held by the State Comptroller; lines 10&11 B from the Dept. of Public Safety B this transfer to the Public Safety overtime line from the Senior Stenographer line is necessary to prevent a deficit in that line; lines 12&13 B from the Mayor’s Office, no explanation is necessary because this transfer is less than 10% of the current revised appropriation. Ayes all. Transfers - Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the 2005 budget transfers as follows (Attachment B): Lines 1&2 B from the Finance Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Department B this covers the costs for a Finance employee to attend a municipal accounting class. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the 2005 budget amendments (Attachment C) as distributed. Ayes all. Budget Amendment - Capital Budget Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget amendment as follows (Attachment D): items 1&2 B From the Mayor’s Office/Capital Budget B this is to properly record the 2004 Open Space Bond Act budget for 2004. Ayes all. 2003 Audit Commissioner Matthew McCabe said that the 2003 audit has been completed and filed in the City Clerk’s office. A copy was also given to each commissioner. He will provide a response to the management letter before the 45 day deadline. First Quarter 2005 Report Commissioner Matthew McCabe said the first quarter 2005 report had been submitted to the City Clerk’s office on May 13 and Commissioners were notified that it was available. The report was developed in three versions (general, department and categories). The version by department included 2004 data. The general version provides data on all funds. The categories version show data by personnel, equipment, benefits, etc. The City is on target with general fund expenditures at about 23 percent and revenues at 22 percent. Sales tax for 2005 was received on May 12 and was $1,516,331 which is about 2 percent higher than last year. Presentation - Budget There will be a public presentation on the budget within the next few weeks. It may be at the community room at the library. Social Services Safety Net Program (05-098) Commissioner Matthew McCabe said that he had made some inquiries to the County about an item on the County tax levy entitled AAmount Due County from City@. He found that it was for the social services safety net program. This program serves individuals who meet an eligibility standard established by New York State and the City is then billed. It appears that the City has paid about 25 percent of the total for the 2004 program. The City and Mechanicville pay for this program while towns and villages do not. Skip Scirocco also assisted him on this matter. He said that from this point forward he expected to save approximately $117,000. Skip Scirocco said this was a bipartisan effort. It was an inequity and the Board of Supervisors voted to correct that inequity. The County could continue to charge the cities, but because we are not in the sale tax formula, they will not. Skip Scirocco said that the County motion to not charge the City this amount any more was contingent upon the City adopting the proposed Safety Net Program resolution. He reminded Commissioners though that the County is giving the City $1.2 million for the parking deck. Commissioner Matthew McCabe said this was a substantial savings for the City. He said that it might be possible to get some funds back from the state as well. He said that he could also pursue this with the County for the prior years in which we were not in the sales tax formula. He said though that what is good for the City is good for the County and everyone needs to focus on this. Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to adopt the following resolution: A Resolution of the City Council of the City of Saratoga Springs, New York Authorizing the County of Saratoga to Assume Responsibility for Safety Net Expenses in the City of Saratoga Springs WHEREAS, the entire cost of the Social Services Safety Net program for residents of all Towns in Saratoga County are a charge to the County Social Services District; and WHEREAS, the cost of the Social Services Safety Net program for residents of the City of Saratoga Springs are borne solely by the City; and WHEREAS, there is no rational reason for treating Towns and Cities in a different manner; and WHEREAS, Section 72 of the Social Services Law allows the Board of Supervisors to direct that the cost of all or any part of the assistance and care provided the safety net category shall be a charge the county, subject to the approval of the respective City legislative bodies; NOW, THEREFORE, BE IT RESOLVED, that the Council, pursuant to the provision of Section 72 of the Social Services Law, does hereby confirm the resolution of the Saratoga County Board of Supervisors directing that the cost of all or any part of the assistance and care for which the Cities of Saratoga Springs and Mechanicville are made responsible for the expenses of providing Safety Net services for persons residing or found in those cities shall be a charge on the Social Services District as administered by the County Commissioner of Social Services; and BE IT FURTHER RESOLVED, that the Clerk of this Council shall immediately forward certified copies of this resolution to the Mayor of the City of Mechanicville and to the Clerk of the Saratoga County Board of Supervisors. Ayes all. 2004 Annual Financial Report Commissioner Matthew McCabe said the 2004 annual update was filed on May 12 and is available for review in both Finance and the City Clerk’s Office. A substantial amount of work on the journal and ledgers was required as well as an informal internal audit before the work could begin on this document. The ledgers now balance. Christine Gillmett-Brown, Director of Finance, submitted a summary of the annual report noting the following: General Fund: As of December 31, 2004, the general fund balance was $4,902,000 of which $1,998,000 is unreserved and unappropriated. The General fund has an operating deficiency in 2004 of $537,000. Reserve Fund: $897,000 is reserved for encumbrances; $427,000 is held for acquiring real property and improving facilities; $1,508,000 for various special accounts and $72,000 appropriated to the 2005 budget. Items that contributed to the general fund financial position included: sales tax collection had a $1,166,000 increase, mortgage tax receipts were $147,000 higher, OTB surcharge was down $100,000 from 2003; parking ticket revenue was down $85,000, personal services costs increased by $236,000, an appeal with SCC was lost at a cost of $218,000, unreserved case balances were $793,000 greater in 2004 than 2003, tax receivables decreased by $107,000 and actual expenses were down by $1,279,000. Both the water and sewer fund ended the year with a negative unreserved and unappropriated fund balance. The City Center ended with $4,714,000. She suggested that Council members review the document at their leisure and contact her with questions. Reserve Fund - Retirement (05-099) Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Matthew McCabe said that the City now has a surplus of about $1,998,000. Moody’s was concerned about the lack of surplus and commented in the most recent bond rating. It is desirable to have about 10 percent of the budget and we are heading in that direction. Credit is due to all Commissioners on the improved financial situation. Commissioner Matthew McCabe said the City has a 2005 retirement bill due in 2006 that is more than $2.3 million. This is a state mandated costs. He then recommended that the City establish a retirement system fund in the amount of $1.5 million. Tony Izzo, Assistant City Attorney read the following resolution: Resolution of the City Council of the City of Saratoga Springs Authorizing the Creation of a Retirement System Reserve Fund WHEREAS the City of Saratoga Springs has seen an increase in its retirement system obligation from approximately $86,000 in 1999 to approximately $2.4 million in 2004; WHEREAS in the budget year 2005 the City of Saratoga Springs made use of a one year deferral in payment offered to municipalities by New York State in conjunction with a new payment due date; WHEREAS, the City Council of the City of Saratoga Springs desires to be prepared for its annual retirement system obligation, included (but not limited to) those due on or about February 1, 2006; WHEREAS, the City of Saratoga Springs, per our 2004 Annual Financial Report Update Document has a fund balance of $1,998,018. 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 designate one million five hundred thousand dollars ($1,500,000) of said fund balance to finance all or part of the cost of the retirement system obligation. The Commissioner of Finance is hereby directed to deposit monies of this reserve into a separate bank account to be known as the ARetirement System 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 reserve fund 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 establish a reserve fund in the amount of one million five hundred thousand dollars ($1,500,000) entitled the ARetirement System Reserve”. Matthew Dorsey, City Attorney, said he had not had time to review this resolution and suggested that perhaps it be tabled so as to allow him time to review it. There was then discussion on whether the item should be added to the agenda. Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to add the item to the agenda. Ayes all. Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to adopt the resolution as presented and contingent upon the City Attorney’s review. Ayes all. Parking Proposal Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Matthew McCabe said he had previously discussed the Spring Street parking lot matter noting that it is currently being used for all day employee parking. He distributed a memo suggesting that a seasonal plan for limited parking (three hours) on the upper level be allowed during the day and after 4:30 p.m. it would be untimed. He also suggested that the loading zone parking spots on Broadway be changed to allow for one or two hour parking when not used for loading. He said that any questions or comments from the Council would be appreciated. Sales Tax (05-100) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to add this item to the agenda. Ayes all. Commissioner Matthew McCabe said he previously distributed material on the sales tax exemption weeks for 2005-2006. The City is required to elect or reject the two new exemption weeks as a unit. Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to provide both exemption periods for 2005-2006 (August 30, 2005 - September 5, 2005 and January 30, 2006 - February 5, 2006). Ayes all. DEPARTMENT OF PUBLIC WORKS Church Street Parking Deck Previously discussed. Street Acceptances (05-101) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded that Chapter 201, Section 201-1 official street list, entitled Street Naming and Numbering be amended to include the following roads as public streets: Ellis Avenue from Ballston Avenue to end, address numbering range from north one through Fifteen and south two through fourteen; Cherry Tree Lane from Old Schuylerville Road to end, address numbering range from west one through nine and east two through eight. Acceptance is conditioned upon the developer posting for one year the required maintenance security bond, filing the deeds and paying all recording fees, all within four working days after Council action. Ayes all. Provisional Appointment (05-102) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the appointment of Michael Lander, currently a maintenance mechanic to the provisional position of electrician vacated by Scott Richardson. He also requested that Michael Lander be allowed to keep his original hire date for longevity vacation and contractual benefits. He requested that he be appointed to Grade 13 step 3 of the CSEA salary schedule effective May 16, 2005. There is union approval. Ayes all. History Museum - Open House Commissioner Thomas McTygue announced an open house at the history museum in the Canfield Casino in Congress Park on Saturday, June 4 from 11:00 a.m. to 2:00 p.m.. He encouraged everyone to attend. Donation Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for the donation of a pick up truck to the mounted division of DPS. The truck is #61, a 1994 Ford F250 pick up valued at $1,000. The vin # 2FTHF26H3RCA75291. Ayes all. Authorize Assistant City Attorney to pursue receiving documents from DEC Commissioner Thomas McTygue said he previously distributed a memo notifying the Council that he would request Tony Izzo to commence pursuing the DEC for documents relative to the County water. He said the City is within our legal rights to request these documents. DEPARTMENT OF PUBLIC SAFETY Beekman Street one way change to south bound Commissioner Thomas Curley requested that a public hearing be set for the next meeting at 6:50 p.m. Grand Avenue & Beekman Street - four way stop This item and public hearing to be continued to the next meeting. Resolution - David Hammond (05-103) Fred Whipple, President Firefighters Union, said their union has one firefighter who did not take advantage of the Section 384-D program. Therefore, home rule legislation is now necessary to allow him to do so. There is support from both the Senate and Assembly on this matter. The cost could be about $1,400 over a ten year period, however, it is the firefighter’s intention to retire soon so it will have minimal financial impact. Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded the following resolution: WHEREAS, pursuant to Section 384-D of the Retirement and Social Security Law, the City of Saratoga Springs had previously elected to offer the option twenty year retirement plan, and WHEREAS, David Hammond a firefighter employed by the City of Saratoga Springs failed to make a timely application to participate the optional retirement system for reasons not ascribable to his own negligence; and WHEREAS, bill number S4654 has been introduced in the New York State and bill number A7502 has been introduced in the New York State Assembly both authorizing the City of Saratoga Springs to make participation in the Section 384- D retirement plan available to David Hammond. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby requests that the New York State Senate pass bill number S4654 and that the New York State Assembly pass bill number A7502 to authorize the City of Saratoga Springs to make participation in the Section 384-D plan available to David Hammond, so long as he requests the same on or before December 31, 2005. Ayes all. Salary for Executive Assistant to the Commissioner Position Commissioner Thomas Curley moved to set the salary for the executive assistant to the Commissioner position at $34,000. He said the funds are in his budget. There was no second. Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 SUPERVISORS Phil Klein said the membrane filtration system document for the upper Hudson had been prepared and issued to bidders. There is a prebid conference scheduled at Malcolm Pirnie. The preliminary design report is currently being reviewed by the consultants and will be submitted to the Department of Health. Soundings of the river bottom and reference points for the geotechnical drilling will begin soon. The transmission line design is completed. The County has been talking to the Army Corps of Engineers concerning the permitting process. They are also discussing the pipeline issues, including the connection points with the Towns of Malta, Moreau, Greenfield He said county officials and the engineers are available to discuss the plans with city officials at their convenience. There have been discussions between the environmental attorney and the DEC on the pre-application process and they are working on the EIS. A draft of the design will be submitted to DOH. They continue to work on the development of the construction documents. Commissioner Thomas McTygue requested that his office be notified of the county water committee meetings. Phil Klein said he would remind them to keep the City informed of the dates and times of their meetings. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Paul John, Walton Street, clarified that the gate to the alley on the parking garage will remain closed under normal traffic conditions. Council members agreed. John Carey, President, PBA, said he was here with other officers this evening to dispell the rumors that officers were forced to testify or testified under an alias. He said that Sgt. Jack King was not able to attend this evening but he is identified as officer “b”. Officer Warren Wilde was also not able to attend this evening but he is officer “m”. Both of their testimonies were truthful. The PBA membership recently met and they are appalled at the lack of disciplinary action. Kyle York, 59 Railroad Place, said he would have a web site with the facts of the water issue. He said the City should be questioning the effectiveness of the membrane filtration system. The only effective treatment for Pcbs is the granular activated charcoal system. Officer Michael Welch identified himself as officer “s”. He pointed out that other officers have been fired for less that what officer “g” testified about. Office David Krylowiz identified himself as officer “a”. He said his testimony was fair, accurate, he had no immunity and testified under no alias. Sgt. Dan Mullan identified himself as officer “c”. He said he had been with the police department for 25 years. His testimony was truthful, accurate and he testified with no immunity. He said he was appalled at the conduct of officer “g”. Some of the misconduct by officer “g” included sabotaging the appointment of his son. He said he was appalled at the lack of action based on the grand jury report. Officer Paul Veitch identified himself as officer “k”. He did not testify but he believed the report to be accurate. Officer Russ Faden identified himself as officer “j”. He did not testify but he believed the report to be accurate. Captain Mike Biss identified himself as officer “o”. He has been with the police department of 29 years. His testimony was truthful and he testified with no immunity. He said he was proud of the officers here this evening. Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 17, 2005 Officer Shawn Brisco identified himself as officer “q”. He has been with the police department for 10 years. His testimony was truthful and accurate. He testified of his own free will and with no immunity. Officer Mike Salisbury identified himself as officer “r”. He has been with the police department for 37 years. He said individuals in the police department have been disciplined and fired for less than what officer “g” did. He testified under no alias and was not promised immunity. Asst. Chief Jim Cornick identified himself as officer “f”. Chief Ed Moore identified himself as officer “e”. He said he has served this community faithfully, ethically and professionally for 30 years. He said it had been publicly stated by city officials that he lied. He said he is an honorable man, past president of the FBI program in New York state, has been an expert witness, drafted model policies for New York State and has served on many boards throughout the community. He said he was outraged at the allegations. They are false. He testified truthfully and takes his oath seriously. Leadership is not only about doing things right but also doing the right thing. The City has the responsibility to do the right thing and he hoped they would. Mark Lawton, co-chair of the Citizens Committee for Implementation of the Charter, said it was a tragedy to see things go this far in DPS. He said that the new charter provides the tools to unify and centralize personnel practices. He said those procedures should have been in place. If they were, the Mayor would have had the ability to take action. He said the committee has been telling the Council that the implementation of the charter is important. There being no one else wishing to speak, Mayor Michael Lenz closed the second public hearing. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:30 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16