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City Council

Regular Meeting

Saratoga Springs, NY · August 16, 2005

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 16, 2005 5:30 P.M. PRESENT: Commissioner Thomas Curley, DPS Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Phil Klein, Supervisor ABSENT: Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Debbie Harper, Deputy Commissioner, Accounts Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:30 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session to discuss the CSEA contract and land acquisition. Ayes all. Council members returned at 6:20 p.m. PUBLIC HEARING Blasting Ordinance Tony Izzo said this ordinance dates back to the early 1970s. He said this was a complete revision of this ordinance updating insurance, fees, notification to property owners, etc. He pointed out that much of the blasting is regulated by state and federal regulations. He then corrected a few minor typographical errors. Marilyn Rivers noted that Pompa Bros., Pallette Stone, Maine Blasting & Drilling and North American Blasting were all contacted for their input. Commissioner Stephen Towne said this formalizes existing practices. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Capital Budget Mayor Michael Lenz opened the public hearing. Mark Lawton, co-chair of the Citizens Committee for the implementation of the charter, said the capital program and capital budget was a good start. He said, though, that he was disappointed that he was not able to obtain a full copy of the capital budget. The information he received from City Hall was not detailed and was minimal. He said the charter specifically requires five items, one of those stating that it must be in the City Clerk’s Office five days prior to the public hearing. He suggested that the public hearings may be invalid because they were not conducted in accordance with the charter or state law. Mayor Michael Lenz said it was his understanding that all procedures had been followed appropriately. Mayor Michael Lenz said it was his intention to follow protocol and he would review the matter. He said if it was necessary to hold additional public hearings, he would do so. Lew Benton. 20 Thorobred Drive, former member of the Charter Review Commission, said the proposed Page 1 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 capital budget and capital program violates the charter and NYS General Municipal Law. He said the capital budget has structural and statutory flaws. It violates Section 99G of the GML. That section requires the Mayor to prepare an estimate of the impacts of the proposed capital projects. He said that for example, the proposed EMS facility will add an additional $1 million annually to the general budget to maintain the facility. He said that Section 99G also requires that the Mayor show the financing for the projects. He said this budget gives the false impression that the EMS facility may actually be constructed in 2006. He noted that the DPS projects for 2007 and 2008 will cost taxpayers $11 million with no reference of how those projects will be financed. The proposed capital budget violates Section 3.1.1 of the charter for the same reasons. He said though that there is still time to correct these errors. He could not understand though the cavalier attitude of the Council. The Mayor is the chair of the capital program committee and did not attend any of those meetings. Lee Nelson, Underwood Drive, former member of the Charter Review Commission, said she was able to obtain a summary of the capital budget program today, however, there were no headings on the pages. She urged the Council to make the summary more clear and understandable. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Ethier Zoning Amendment 289 Jefferson Street Commissioner Stephen Towne said there remained some outstanding issues with the project and it would be likely that this item would not be voted on this evening. He said the public hearing would be continued to the next Council meeting. Mayor Michael Lenz opened the public hearing. Hank Kuzynski, 153 Spring Street, said the offer that Steve Ethier was making to the City for affordable housing units to first time homebuyers was a good offer. He said this will make 12 of the 36 units available for less than $150,000. Phil Diamond, 29 Waterview Drive, member of the Workforce Housing Partnership, asked the Council to view this application favorably. He said this project will provide much needed affordable housing. This is urban infill. The Jefferson Street area already contains apartments, race track, trailer parks, restaurants, etc. It is a mixed used area. He again asked the Council to support this project. Carol Maguire, 294 Caroline Street, said she did not support spot zoning. She said she was also concerned with the way that information is disseminated on these matters. She suggested that important matters such as this be placed on the Web page. She said it was unfortunate that she did not have enough information to offer an informed opinion, however, she did not support spot zoning. Matt Dorsey, City Attorney, said the legal ad is placed in the newspaper. He said there was no statute that required the City to place material on the Web page, however, it could be looked into. Commissioner Stephen Towne reminded everyone that at the last Council meeting he had made the announcement that the City had received a $75,000 grant for an e-government initiative. He said this will take the City to the next level with its Web site. Kristine Healy, Jefferson Street Neighborhood Association, said they were confident that Steve Ethier will be a good neighbor. She said though that they do not want to lose the feel of single family homes along Jefferson Street. She said the Ethier proposal was appropriate for this area though. The Jelenik proposal is different from Ethier’s proposal and they did not believe that the Jelenik proposal was appropriate for this area. She said there was concern with adding more multi family units in this area. She said they support the Ethier proposal, however, she was not yet sure that they supported the Jelenik plan. She said they do not support changing the zoning to UR-4A. Debbie Beaty, said she received a letter concerning the East Broadway zoning amendment. She said when she Page 2 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 moved to this neighborhood it was affordable, quiet, had lots of big nice trees and nice neighbors. She expressed concern that the large mature trees would be cut. She said perhaps the sidewalks could wind around the trees noting that it adds character. She was concerned with the noise from the racino and said that putting in affordable housing would bring additional children. She said the noise could be a problem on school nights. She said that traffic was also a consideration. Don Streed, 285 Jefferson Street, said he supported this project. This is a mixed used neighborhood and this would be a good project for this neighborhood. Sidewalks are a critical issue, but they have been included. There is both high vehicular and pedestrian traffic in this area. John Carusone, attorney representing Steve Ethier, said the applicant had originally proposed UR-4A zoning, however, that has since been amended to UR-4. He then submitted a letter of Support from Pennell’s Restaurant owners. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing for this evening and continued it to the next meeting. Ethier Zoning Amendment, 30 East Broadway Debbie Beatty said that all of her previous comments on 285 Jefferson Street applied to this application as well. Kendra Berger said she owns property adjacent to this proposal. She said she would rather see the parcel remain single family. She supported the proposal on Jefferson Street, however, did not support the East Broadway proposal. She was concerned about increased traffic and the density. Carol Maguire said she did not support spot zoning. She said the common good needed to be looked at and if this is approved more of the same will follow. Phil Diamond said he sympathized with those individuals who did not support spot zoning, however, there are new trends. He said it had recently been decided by the courts that the City can use eminent domain for the common good. The City needs to do what it can for higher density, affordable housing. This neighborhood is a mixed use neighborhood and it will not change the fabric of this area. Wilma Koss, 160 Kaydeross Park Road, said there is the IZOD Committee and perhaps it was worth waiting for their recommendations before approving this matter. Wally Berger, 10 Cleveland Avenue, said he was concerned with the loss of trees. He said the lot had been cleared right up to the property line. He said there should be some consideration of a buffer zone. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing for this evening and continued it to the next Council meeting. CALL TO ORDER Mayor Michael Lenz reconvened the meeting at 7:30 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Dave Bronner, 5 Royal Henley Court, said it was alarming that there is not enough water and that water restrictions have been declared. He again called on the Council to reach an agreement with the County to purchase supplemental water from the County. He said there should have been a name included on the flyer Page 3 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 announcing the water restriction. Valerie Keehn, 41 Benedict Street, said affordable housing is an issue, however, it would be better to wait for the recommendations from the IZOD committee. She suggested that the developers of the lot where the bowling alley currently exist include affordable housing. She also agreed that there needed to be better access to material and information on City issues. She encouraged the Council to fund the public access initiative in which Jacki Pardon is involved. Ian Klepetar, Saratoga Healthy Nations Network, said there was an upcoming cycling event and encouraged all to attend. MaryAnn Macica, 106 Old Schuylerville Road, said the City is on water restrictions and wondered whether the Town of Wilton users must adhere to those restrictions. She asked if those users purchasing water from the City were following the restrictions. Bill McTygue said the water restrictions were not unnecessary as suggested by some. He said this is a responsible action by the City. He said given the lack of rain, and the amount that the lake was dropping, it was a necessary and prudent action. The rules apply to everyone and the Town of Wilton water users were put on notice. Also telephone calls went out to the major users throughout the City. Wilma Koss, 160 Kaydeross Park Road, said she was tired of hearing “if you can’t eat the fish, you can’t drink the water”. She said the pcbs in the water are almost undetectable. She said it would require that a person drink 8, 8 ounce glasses of water every day for 34 years to get what is equal in one single serving of fish. She said the person who continues to make this statement needs to be educated. She said it was also hard to believe that recreational use would not be limited in Saratoga Lake if the lake was used as a source. Phil Diamond, 29 Waterview Drive, said it was ridiculous that the City should go to the county for water. He asked why the City should spend $90 million when $17 million could be spent on our own water source. He said the City needs redundancy. A supplemental source is needed. It is cheaper to go to the lake. Commissioner Thomas McTygue said the scare tactics about limited recreational use are not necessary. He said residents continue to be misled with those remarks. There is no documentation that recreational uses would be limited. The County is still not telling anyone how they will pay for their water system. He does not support the upper Hudson proposal. The Town of Greenfield supervisor did not support the County proposal because there was no evidence on how it will be paid. The Malta Chip plant is not coming to fruition. The City has been five weeks with no substantial amount of rain. Placing water restrictions is a prudent step. Commissioner Thomas McTygue said that Dave Bronner has been stalking him. An argument then ensued. Mayor Michael Lenz asked that the personal attacks stop. Mayor Michael Lenz closed the public comment period. MAYOR=S OFFICE Monroe Title - Executive Session Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the hiring of Monroe Title Insurance by Behan Planning Associates regarding the parcel on Weibel Avenue in an amount not to exceed $500 to be funded from the Open Space Bond Act. Ayes all. Donations Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the following donations: for the multicultural music series -- Target $1,000, Robert Davis $250 and The Inn at Saratoga $250; for the United States Military Academy Band -- Broadway Banner & Flag Company $50 and the VFW 420 dinner for band musicians and others; for Saratoga Pie Page 4 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 Picnic: Putnam Market, Legends Café, Roma Food Imports, Hungry Spot, Peppers Trattoria, Holiday Inn, Bread Basket Bakery, Saratoga Pie, Allerdice Rental, Mat McCabe, Jesse Champagne, and Jeff & Becky Walton. Ayes all. Brust Purchase - SEQRA (05-171) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, the City of Saratoga Springs is under a purchase contract for the acquisition of 35.68+/- acres (Tax Parcels # 166.00-2-21; 166.00-2-25; and 166.00-2-26) at the intersection of Lake Avenue (NYS Route 29) and Weibel Avenue at the City’s Lake Avenue Gateway, in the City of Saratoga Springs, for the public lands to be acquired and used for the strict purposes set forth under the City of Saratoga Springs Environmental, Parks and Open Areas Program; and, WHEREAS, the proposed lands to be acquired meet several criteria identified in the City of Saratoga Springs 2001 Open Space Plan Update, as the lands: are a significant contributing element of the Signature Gateway that supports “the City in the Country” east of I-87; are highly publicly visible lands; include the Spring Run stream corridor and associated wetlands; offer potential for passive park use and potential for public access and greenway/trails connections; and, the project is within close proximity to existing active recreation land of the city’s ice rinks facilities located off of Weibel Avenue due northeast of the open space lands; and, WHEREAS, the City Council of the City of Saratoga Springs identifies the project action to be a Type 1 action that is subject to the State Environmental Quality Review Act (SEQR) with the City as the sole agency directly undertaking or approving of the action; and that the project as described requires the preparation of a full Environmental Assessment Form (EAF); and utilizing a full Environmental Assessment Form prepared by its consultant, Behan Planning Associates, LLC, has conducted its review of the proposed action utilizing said EAF; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs has thoroughly analyzed the EAF and has determined that the project will not result in any large or important impacts and therefore, is one which will not have a significant impact on the environment, and a Draft Environmental Impact Statement will not be prepared. A negative declaration will be prepared and be reviewed by the City Attorney and filed as necessary. Commissioner Thomas McTygue said that at some point, they planned to do some clearing. He said this could be a site for an indoor facility. Mayor Michael Lenz said this will preserve the open space and will also allow them to look at other uses. Ayes all. Funding for Church Street Parking Deck Mayor Michael Lenz said the proposed contract between the County and the City for the funding for the parking deck on Church Street was recently distributed to Council members. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the contract for the funding for the parking deck on Church Street. Page 5 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 Commissioner Matthew McCabe said that funding for this project had been discussed thoroughly with the County and the terms of that funding was a total of $1.2 million over four years at $300,000 each year. He said the City has submitted a voucher to the County for the first $300,000 and rather than receiving the payment on this obligation, a contract was forwarded. He said he was frustrated in that this contract was not completed long before this. He explained that the contract states that this is a matching grant between the City and the County. The contract states that the money would only be used for the parking deck. He said there were several discussions that the money not be placed in the general budget which was agreed to. Now there is a third stipulation that parking at the deck will be forever free with the notation that if the City ever charges for parking, the $1.2 million will be repaid to the County. He said that this partnership with the county was a good investment for both the City and the County, however, the City must be able to govern its own facilities. He said he understood that amendments to the contract could be requested by the City. The City has a paid parking program throughout the summer with those funds going to the parking solutions fund. The parking decks need to be maintained. Commissioner Thomas McTygue suggested tabling this matter to allow more research and discussion. He said he was very concerned with this new condition and he did not want to be locked into a proposal forever. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to table the motion. Ayes: three (Commissioners Thomas McTygue, Thomas Curley and Matthew McCabe). Nays: two (Mayor Michael Lenz and Commissioner Stephen Towne). Consent to discontinue in Beneficial Mortgage v. Brown Case Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize an issuance of satisfaction of mortgage from the City in the Beneficial Mortgage Corp v. Brown Case. Ayes all. ACCOUNTS DEPARTMENT Approval of August 2 meeting minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the August 2 meeting minutes. Ayes all. Approval of August 10 meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the August 10 meeting minutes. Ayes all. Award of Bid - EMT Supplies Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the bid for EMT Supplies to Moore Medical for their bid of 16 percent off list price. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - City Hall Restoration Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for City Hall Exterior Restoration to Ganem Contracting of Clifton Park in the amount of $234,732. Commissioner Stephen Towne noted that the total mount of the bid was $372,000, however, it would be scaled back to $234,732. This bid has been reviewed by the Purchasing Department and meets purchasing Guidelines. Ayes all. Page 6 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 Blasting Ordinance (05-172) Commissioner Stephen Towne said that recently the Safety Committee, at the request of the Building Department, reviewed the Blasting Ordinance which was last reviewed approximately 40 years ago. This ordinance review has taken several months to review with the assistance of many individuals. The Safety Committee forwarded a copy of the proposed ordinance to Pallette Stone, Pompa Bros., Maine Drilling & Blasting and North American Blasting for their comments. Their proposed changes were incorporated into this final document. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the Blasting Ordinance as noted with the minor typographical errors. Ayes all. Ethier Zoning Amendment - 289 Jefferson Street Hold till the next meeting. Ethier Zoning Amendment - 30 East Broadway Hold till the next meeting. Contract Changes - Select Energy Commissioner Stephen Towne said that last Friday, John Belgiovine, Select Energy, called his office to inform him that there appeared to be notification by an employee of the City to change our gas supplier. Select Energy was notified by Niagara Mohawk that certain accounts would be dropped from Select Energy and moved to NYSEG. This is a serious matter that needs the attention of Council members. The Council authorized the Mayor to sign an agreement with Select Energy in December 2004 for the calendar year 2005 to purchase our gas at a fixed rate. The utility market has fluctuated and increased significantly over the last few months. Our fixed rate option of $8.54/dth is well below the market value of $11.30 dth. City staff needs to be kept aware that these are negotiated contracts that have been adopted by the Council and they are not authorized to make any change or modifications to these or any other utility accounts. Both Gordon Boyd and Gene Salarni are looking into this matter to determine how this happened. In the meantime, Council members should talk to your staff about the seriousness of this matter and instruct them that they are not authorized to modify existing contracts with utility companies. Gordon Boyd, explained that on August 1 a telemarketer working for NYSEG, the City’s electricity supplier, called the City and spoke to a DPW employee. Inadvertently, that employee answered what appeared to be a question asking if the City wanted to save money, by saying yes. Unfortunately that answer caused a switch to the supplier of the City’s gas. The City was notified by Select Energy that this change had been made. He said it was unfortunate for both the City and the clerk who was not aware that she had authorized the switch. He further explained that the general policy is that one energy supplier should not call the City to offer opportunities and to switch companies. He said that this is not unprecedented though. This could have potentially cost the City a lot of money. Fortunately, the error was corrected and the switch was made back to the original gas supplier. Gordon Boyd encouraged the Council to contact the State Comptroller’s Office and the Public Service Commission on this matter. He said it is unfortunate that a mere telephone conversation could undue a complicated contract. He said he would be happy to assist the City in contacting the appropriate individuals. Commissioner Stephen Towne agreed the point was not that an employee authorized the switch, but rather the ease of the switch and the tactics of the telemarketer. He also said that staff needs to be advised to be more careful when these types of telephone calls arrive here at the City. He said that he would work with Gordon Boyd on drafting the appropriate correspondence to the appropriate individuals. Page 7 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: August 5, 2005 - $374,710.73 and August 12, 2005 - $376,671.07. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 8/16/05 2AUG05 $2,018.565.08 2005 mini warrant 8/10/05 MC1AUG05 $ 328,179.90 Ayes all. Commissioner Matthew McCabe noted that the regular warrant included the sale of the Brust Property, Hub Parking Deck and a loader. Budget Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the payroll transfers as presented (Attachment A). Ayes all. Budget Transfer - Regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the regular transfers as presented (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget amendments as previously distributed (Attachment C). Ayes all. Bond Resolution (05-173) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the bond resolution in the amount of $1,508,600 (Attachment D). Roll call vote: Ayes all. Donations - Fireworks Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to accept the donations from the following organizations for the fireworks display: Allerdice ($250), Ben & Jerry’s ($500), City National Bank ($100), Dehn’s Florist ($50), Roohan Realty ($100), PJs Bar-b-q ($100), Saratoga National Bank ($100), Sneeringer, Monahan Provost & Redgrave ($250), Special Assessment District ($500), Adirondack Trust Company ($1,500), The LA Group ($50) and Pontiac Buick GMC of Saratoga Springs ($50). Ayes all. DEPARTMENT OF PUBLIC WORKS Page 8 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 Other - Conduct of Council meeting Commissioner Thomas McTygue said the Mayor failed in his responsibility to maintain order of this meeting. He said Dave Bronner was out of order and was allowed to interrupt his comments. He said Dave Bronner had been stalking him. Mayor Michael Lenz said it was unfortunate that there was an outburst earlier this evening, however, when allegations were made by Commissioner Thomas McTygue about a member of the audience it did get personal. He said he should have called Commissioner Thomas McTygue out of order. Church Street Parking Deck Commissioner Thomas McTygue announced that the grand opening of the Church Street parking deck would take place on Thursday, August 25 at 10:00 a.m. He asked those who were able to attend the event. Spirit of Life Commissioner Thomas McTygue thanked Marilyn Rivers for being able to find the insurance coverage to have the work done to repair the Spirit of Life statue. He said that Williamstown Art Conservation Center will restore the statue at a cost of $3,465. Intent to Declare Lead Agency - Interlaken Water System (05-174) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded the following resolution: WHEREAS, the Project is an “action” as defined by the State Environmental Quality Review Act (SEQRA); and WHEREAS, Part 1 of the Short Environmental Assessment Form (SEAF) has been completed and circulated to all Involved Agencies for establishing the City Council as “Lead Agency” in accordance with 6NYCRR Part 617.6 for the purpose of conducting a SEQRA/SERP review of the Project, and WHEREAS, it is the intent of the Council to assume the role of “Lead Agency” for purposes of Project environmental review NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, that this Council has circulated said Short Environmental Assessment Form to the Following Involved Agencies under cover of the attached “Notice of Intent to Establish Lead Agency” letter for purposes of establishing Lead Agency status under SEQRA/SERP: New York State Department of Health New York State Department of Environmental Conservation New York State Department of Transportation, and Environmental Notice Bulletin c/o Business Environmental Publishing, Inc. Ayes all. Italian Gardens Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the following donations for the Italian Gardens: Elliot & Catherine Masie ($500), Craft Fair Donations($500) Realty USA ($100) and Nostalgia & Lifestyles ($50). He also asked that a special account be set up to be used for this purpose only. Ayes all. Paving Schedule Commissioner Thomas McTygue announced that on Tuesday, August 30, the City will mill and pave Caroline Street from Grainger Avenue to Schuyler Drive, on Wednesday, August 31, the City will pave Granger Avenue Page 9 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 from West Avenue to Glenham Road and on Thursday, September 1, the City will pave Grand Avenue from Pine Road to Jenee Way. Change Order LeChase - Church Street Parking Deck Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to approve Change Order #4 on the Church Street Parking Deck in the amount of $22,141 noting that there was money in the contingency fund to cover this change order. Ayes all. Curbs & Sidewalks Walton Street Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the installation curbs and sidewalks along the southerly side of Walton Street westerly to Clinton Street for the new parking deck. He said there was money within the contingency fund for the parking deck to cover this cost. Ayes all. Water Restrictions Commissioner Thomas McTygue reported that with the water restrictions in place, water usage has dropped. The City has gone from 7.2 mgpd to between 4.8 and 5.2 mgpd. DPW has talked to the major users including the track. The track issued spray announcements to their personnel to turn off hoses in between spraying horses. Loughberry Lake is holding and has actually come up an inch since the restrictions were put into place. They have also talked to the Town of Wilton users. He pointed out that if necessary the water could be turned off to Wilton users. He reminded everyone that selling water to Wilton was not his decision alone but was done by a majority Republican Council. Church Street Parking Deck Commissioner Thomas McTygue requested that Commissioner Thomas Curley set a public hearing on parking at the new parking deck. He said he would like to see all day parking on the top deck and maybe three hour parking on the lower deck. Commissioner Thomas Curley agreed to set the public hearing for Tuesday, August 23 at 9:00 a.m. Commissioner Stephen Towne said he would like some time to think about the hours. Commissioner Thomas McTygue said there were some concerns expressed by the neighbors. He said perhaps there should be no all night parking on the upper level. He suggested that some thought be given to closing the deck at 11:00 p.m. It was noted that other municipal lots have the restriction of no all night parking between the hours of 3:00 a.m. and 7:00 a.m. during the winter months. Chips Funding Commissioner Thomas McTygue informed Council members that the City’s Chips funding is being held up over the West Avenue project rock issue. Matthew Dorsey said he was looking into this matter. Employee Upgrade (05-175) Commissioner Thomas McTygue said he had previously circulated a memo regarding an upgrade for Lois Scarangello, Account Clerk. He said she has been with the department for ten years at a grade 2, Step 10 of the CSEA Salary Schedule. He said he is reorganizing the financial accounts within the department which will increase her workload. Therefore, Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to move Lois Scarangello from Grade 2 to Grade 5, Step 8 effective August 22, 2005. He noted that there are no other Account Clerks in the CSEA unit, therefore, no other positions will be impacted. Ayes all. DEPARTMENT OF PUBLIC SAFETY Page 10 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 16, 2005 West Avenue Fire Station Facade Commissioner Thomas Curley said the architect, James Daly Tobin, is getting the bid package ready for distribution. He said that the documents should be available for the City Engineer’s review by mid September and ready for distribution by mid-October. He hoped for a bid opening and recommendation to Council members by late October and then work would begin shortly thereafter. He did not want to see a delay with this project and he appreciated the Council’s support. Church Street Parking Deck Previously discussed. SUPERVISORS Phil Klein informed Council members that the Senior Citizens picnic will be held on August 30 at the Saratoga County Fairgrounds and tickets are $4. He said that at the County today there was a resolution approved for matching funds in the amount of $238,000 for the I Love NY campaign. He said that good news for the City is that the City was awarded $100,000 towards the purchase of some land along Marion Avenue (former Congress Gas & Oil) under the open space funding program. He said there was also a grant of $76,400 for 15.2 acres for the Spring Run Trail system. Both grants from the county are matching grants. The County also authorized the expenditure of an additional $100,000 on the County wide radio system. PUBLIC COMMENT PERIOD Commissioner Thomas Curley said there were some comments made earlier this evening that $1million for staffing the EMS facility would be necessary. He said that is not a correct number. It will not be $1 million to staff the facility. Mayor Michael Lenz clarified that the items included in the capital program are intended for planning purposes. He said that because they are included in the capital program did not mean that they would be funded. The program is reviewed each year and prioritized. The capital budget committee did a tremendous amount of work on this matter; and if necessary, additional public hearings will be held. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 8:55 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 8:55 p.m. Respectfully submitted, Kathy Moran Approved: Clerk Page 11 of 11

Agenda

FINAL CITY COUNCIL AGENDA August 16, 2005 5:30 PM Executive Session: CSEA Contract 6:00 PM Executive Session: Land Acquisition 6:20 PM Public Hearing on Blasting Ordinance 6:30 PM Public Hearing on 2006 Capital Budget and 6-Year Capital Program 6:50 PM Public Hearing on Ethier Comprehensive Plan Amendment, 289 Jefferson Street 6:55 PM Public Hearing on Ethier Zoning Amendment, 30 East Broadway 5:30 PM 7:00 PM (City Council Agendas To Begin) CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENTS MAYOR'S DEPARTMENT Mayor Lenz 1. Donations: Visitor's Center For Multicultural Music Series a. Target, $1,000.00 b. Robert Davis, $250.00 c. The Inn at Saratoga, $250.00 For United States Military Academy Band a. Broadway Banner & Flag Co., $50.00 b. VFW Post 420, dinner for band musicians and others For Saratoga Pie Picnic - Donors of Goods and Services a. Putnam Market b. Legends Café c. Roma Food Imports d. Hungry Spot e. Peppers Trattoria f. Holiday Inn g. Bread Basket Bakery's Saratoga Pie h. Allerdice Rental i. Matt McCabe, Jesse Champagne, Jeff and Beck Walton 2. Discussion & Vote: SEQRA Determination For Brust Purchase 3. Discussion & Vote: Funding Contract With County For HUB Lot Garage 4. Discussion & Vote: City's Consent To Discontinue In Beneficial Mortgage V. Brown Case __________________________________________________________________________________________________ ACCOUNTS DEPARTMENT Commissioner Towne 1. Discussion & Vote: Approval of minutes: August 2, 2005 August 10, 2005 2. Award of Bid: EMT Supplies City Hall Exterior Restoration 3. Discussion & Vote: Blasting Ordinance 4. Discussion & Vote: Ethier Zoning Amendment, 289 Jefferson Street 5. Discussion & Vote: Ethier Zoning Amendment, 30 East Broadway 6. Discussion: Authorization for contract changes _____________________________________________________________________________________________________ FINANCE DEPARTMENT Commissioner McCabe 1. Approve Payrolls 2. Approve Warrants 3. Approve Budget Transfers - to/from Payroll 4. Approve Budget Transfers - Regular 5. Approve Budget Amendments 6. Vote: Bond Resolution 7. Accept Donations: Fireworks PUBLIC WORKS DEPARTMENT Commissioner McTygue 1. Announce: Spirit of Life 2. Discussion & Vote - Resolution to Designate Intent of Declare Lead Agency - Interlaken Water System 3. Discussion & Vote - Italian Gardens 4. Announce - Paving Schedule 5. Discussion & Vote - Change Order for LeChase 6. Discussion & Vote - Walton St. Curbs & Sidewalks by DPW 7. Announce - Water Restrictions 8. Discussion - Rules Re: Church Street Parking Garage (time limits) 9. Employee Upgrade _____________________________________________________________________________________________________ PUBLIC SAFETY DEPARTMENT Commissioner Curley 1. Update: West Ave. Firehouse Repairs 2. Set Public Hearing for Woodlawn Parking Garage Time Limits ____________________________________________________________________________________________________ SUPERVISORS 1. County Update Adjourn until September 6, 2005

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