City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 6, 2005 5:10 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 Pat Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Debbie Harper, Deputy Commissioner, Accounts CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:10 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session to discuss the Westside Neighborhood Article 78 litigation, Verizon Article 7, Shaw litigation, CSEA contract and Police Administrators and Lieutenants Contracts. Ayes all. Council members returned at 6:20 p.m. PUBLIC HEARINGS Arrowhead Road Stop Signs Commissioner Thomas Curley said this was a public hearing on the installation of a four way stop at the intersection of Arrowhead Road and Vista Drive. Mayor Michael Lenz opened the public hearing. There being no one wishing to speak, Mayor Michael Lenz closed the public hearing. Capital Budget - 2006 Mayor Michael Lenz presented the six year capital program and budget. He said he would request that the Council adopt the capital program next week at the special City Council meeting. The capital budget will be forwarded to the Finance Department to be included with the comprehensive budget. He thanked the members of the charter implementation committee for their assistance. He said he understood their concerns on the lack of the infrastructure inventory. He said the capital program committee was reconvened to review the more inclusive sheets. The summary sheet was updated to make it more clear and informative. He thanked the capital committee and charter implementation committee. Mayor Michael Lenz opened the public hearing. Mark Lawton, citizens committee for the implementation of the charter, said the information on file in the City Clerk’s Office meets the minimal requirements of the charter. He said this new process requires the participation of all departments in that they must provide information in a timely manner. He said some departments have not provided that information, however, there has been a good effort. He said there has been good progress to meet the goals of the charter and he thanked Council members. Not all will be satisfied, Page 1 of 16 but there is progress. The process should continue to improve in the next few years. It is important to the City to improve the process. The City needs to know the condition of its capital items. Lew Benton, 29 Thoroughbred Drive, Planning Board member, appreciated Mark Lawton’s comments, however, expressed some concerns. He said the capital budget was not available five days prior to the public hearing. It was filed in the City Clerk’s Office on Thursday, September 1. The legal notice in the newspaper was printed on Tuesday, August 30. For those days in between there was no capital budget available for public review. Because the capital budget was in the City Clerk’s Office late in the day on Thursday, there was really only one day for the public to review it because Monday was a holiday. He said this makes the entire process invalid. He said that he had spoken to Tony Izzo, Assistant City Attorney, and Tony Izzo was sympathetic to his concerns. Lew Benton was also concerned that the capital committee was reconvened on short notice with a capital budget then coming out the following day. He said that two days for the public to review the budget is not enough. He also said there were several pieces missing. He said that $15 million in capital projects had been included in 2008 and he wondered how those would be funded. He said it was not practical due to the Connolly plan. He said the Council should not allow the adoption of the budget when funding sources are not identified. In 2007 there is an EMS facility and in 2008 a police station. He said the Connolly plan will need to be adjusted in order to fund these projects. He said to suggest that these are real projects was dishonest. The proposed EMS facility estimates did not include general operating costs. He said both Section 99 of the GML and the Charter require that personnel and operational costs associated with the program be quantified for three years. No such costs have been included. He suggested that the Council seek an opinion from the City Attorney on the validity of the public hearing. He asked that the capital budget be amended and that realistic means of financing and operational costs be included. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Ethier Zoning Amendment, 289 Jefferson Street Mayor Michael Lenz opened the public hearing. Tony Izzo, Assistant City Attorney, said this is a continuation from the last Council meeting. He pointed out that there was a typographical error in the legal ad. Commissioner Stephen Towne said it was his intention to leave the public hearing open again this evening and continue it to the next meeting when the Council will then vote on this matter. He noted that a letter of concern had been received from Charlene Berger, 30 East Broadway and that letter had been forwarded to Council members. Theodore Grocki, 5 Horseshoe Drive, Village of Saratoga resident, asked the Council to be considerate of their concerns about the infrastructure in this area. He said they frequently experience flooding and were concerned that it would increase with this new project. Carol Maguire, 294 Caroline Street, expressed her concerns about what happened at the last Council meeting and the newspaper’s perception of what happened at the last meeting. She said it was a lopsided story. She said she was also concerned with the lack of information on the City’s Web page. She said the Council should not vote on this matter until the IZOD committee has made their recommendations. She also questioned the City Planner’s comment that technically this was not spot zoning. She said this is zoning sprawl. She was concerned with the City’s willingness to vote on matters that are fuzzy. She was concerned about the Council voting on matters when the public does not have sufficient information or adequate time to review the material. Commissioner Stephen Towne said the City is currently in transition concerning the Web page due to the E- government grant which was recently received. He said he took her comments seriously though and he has an item on his agenda later this evening on the process and procedures for getting information on the Web. He asked Geoff Bornemann to comment on zoning sprawl. Geoff Bornemann said a zoning amendment must be in conformance with the comprehensive plan. The comprehensive plan is not a legal document but rather it is a guide. Any zoning that is not in conformance with the comprehensive plan is referred to as spot zoning. Therefore, if it is in compliance with the comprehensive plan, it is not spot zoning. He further explained that the comprehensive plan addresses the range of uses and the intensity and not the specific zoning. The Page 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 boundary lines in the comprehensive plan are not rigid but flexible. He said the Planning Board makes a recommendation to the Council on whether in their estimation the proposed zoning amendment is in conformance with the comprehensive plan. There being no one else wishing to speak, the public hearing was closed for this evening, but continued to the September 20 Council meeting. Ethier Zoning Amendment, 30 East Broadway, Public Hearing Mayor Michael Lenz opened the public hearing. Charlene Berger, 10 Cleveland Avenue, said that she had viewed the plans in the City Planner’s Office. Her property is adjacent to this proposal. She is a single family residence as well as the parcel to the north and south of her. She said this is a large single family neighborhood and asked why the Council would consider changing it. This proposal is a condo project that will significantly impact her. She also said the letter of notice that goes to nearby property owners is confusing and some neighbors did not receive it. She said the address of 30 East Broadway is wrong and it caused a great deal of confusion. Carol Maguire, 294 Caroline Street, said she did not understand Geoff Borneman’s comments concerning the comprehensive plan and the proposed zoning amendment. Geoff Bornemann said the boundary lines in the comprehensive plan are not as rigid as they are with zoning. The comprehensive plan is a policy guide not a legal document. Zoning of a parcel, however, must be in conformance with the comprehensive plan. Carol Maguire asked if residents could take the City to court based on the comprehensive plan. Geoff Bornemann said that the zoning must be in conformance with the comprehensive plan. Otherwise, there could be litigation. The boundary lines in the comprehensive plan are meant to provide some flexibility. John Shannon, 12 Cleveland Avenue, said that he too was confused between the comprehensive plan and the zoning ordinance. He said it was his understanding that Saratoga County’s comprehensive plan was rigid and the zoning ordinance was more flexible. He asked how flexible are the lines in the zoning ordinance. Geoff Bornemann said a property owner can request a variance and/or the zoning ordinance can be amended. John Shannon said this should be a single family area. He did not want a parking lot and dumpsters around his property. The person who owned the parcel before Stephen Ethier did not want this property to be anything other than single family. Theodore Grocki, 5 Horseshoe Drive, Village of Saratoga HOA, again said that neighbors in his development were concerned with the infrastructure. He said that 8 inch storm sewer lines are not large enough. John Carusone, attorney representing Stephen Ethier, said the Planning Board believes that both applications are in conformance with the comprehensive plan. He also noted that the plans have not yet been filed with the Building Department and the existing plans are only sketches. He said many of the issues brought up this evening will be addressed during the site plan review stage. Isabelle Wood, Doten Avenue, said she was opposed to constructing 16 condo units in this area. This is a single family area and this project would destroy the neighborhood. Mayor Michael Lenz closed the public hearing for this evening, noting that it will be continued to the September 20 meeting. RECONVENE THE MEETING Mayor Michael Lenz reconvened the meeting at 7:20 p.m. PUBLIC COMMENT PERIOD Page 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Mayor Michael Lenz opened the public comment period and also reviewed the rules of conduct. Dave Bronner, 5 Royal Henley Court, said he wanted to clarify the remarks made at the last meeting during the unprovoked personal attack on him by a Council member. That particular Council member called him a public nuisance with no evidence of such. That Council member also accused him of stalking. He said this is a bullying tactic. Mayor Michael Lenz asked that Dave Bronner take his seat. Bill Jones, 11 Evergreen Drive, said he was concerned with the new zoning amendment on tonight’s agenda referred to as the Hearthstone Development. He said they had met with the developers and voiced their displeasure on the density. There is now a new plan, however, the neighbors have circulated a petition stating that they are not in favor of this proposal. It is very different from the city in the country theme and he was concerned that this project was being rushed. John Kraus, 220 Grand Avenue, said he was concerned with the excessive property taxes. He said the Council needs to focus on the budget. There needs to be more public hearings with more open and interactive meetings with the public. He suggested a formal presentation to the public similar to what the school board does. The process must be transparent. The Council should use the 2005 budget at the base. He noted that there are surpluses to be used for the retirement cost, higher tax collections to consider, the $800,000 from the County to be used to lower taxes, $100,000 savings in insurance costs, etc. The Council still needs to be prudent though. He challenged the Council to approve a tax rate of no more than $4.71 per thousand. The Council needs to give back to the community what it has taken in the last two years. If the school district was able to cut its tax rate, the City should also be able to do so. Cheryl Keyrouse, Wampum Drive, thanked Phil Klein for assisting her in getting the minutes from the County meetings on line. She said that there was some discussion on the draft scoping document at the water committee meeting and Phil Klein pursued getting that information on the Web. However, the chair of that committee Ray Callanan said it would not be placed on the Web. There is a minimum 30 day comment period and the residents of the County and City need to see this material. She was also concerned with the proposal to raise the building height limit in the downtown area. She submitted a letter to the chairs of all the neighborhood associations and she will meet with them on this matter. She was disappointed though that the Mayor had already appointed the members to the comprehensive plan committee and they all appeared to be developers. Fred Clark, 30 Walton Street, said he never wanted the parking deck next to his home. It should have been constructed behind City Hall. However, he was glad to see the new curbs and sidewalks and suggested that the Council consider doing the entire street. He said he was concerned though with privacy. He said from the top deck anyone can look directly into his home. He asked that the Council take measure to ensure his privacy. He said he was also concerned that there is an open space between the retaining wall and the garage and anyone can walk between the two. Lew Benton, 29 Thoroughbred Drive and Planning Board member, asked if anyone in the City had received a copy of the County’s scoping document for the proposed water system. Commissioner Thomas McTygue said he had not seen that material. Lew Benton said the regulations compel the lead agency to submit a scoping document to involved agencies. He suggested that the Council consider making a formal request to the County for that document. Once the City receives that document, it should then be placed on the City’s Web page. There being no one else wishing to speak, Mayor Michael Lenz close the public comment period. Commissioner Matthew McCabe said he did go to the upper level of the parking deck and he concurred with Fred Clark on the privacy matter. Commissioner Stephen Towne said it was worth further discussion. Mayor Michael Lenz said there are individuals appointed to the comprehensive plan committee that are not developers. Some of those individuals include: Lisa Nagle, Brian McMahon, Robert Pasciullo, Steve Sullivan and Tom Lewis (Skidmore). He said that it is a broad based, bipartisan committee that will reach out to Page 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 community groups. Commissioner Thomas McTygue suggested that Fred Clark put his concerns in writing so that the Council could address them. EXECUTIVE SESSION Article 78- West Side Neighborhood Association (05-178) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to hire Miller & Mannix to defend the Planning Board in the Article 78 litigation brought by the West Side Neighborhood Association. The cost is not to exceed $130/hour with a cap of $5,000. This motion is contingent upon the appropriate budget amendments and the review of the contract with the Risk & Safety Manager. Ayes all. Article 7 -Belmonte Certiorari (05-179) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that the Belmonte certiorari matter be resolved with the following assessments: 2004, $350,000 and 2005, $700,000. Ayes all. Article 7 - Verizon (05-180) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that the Verizon certiorari matter be resolved with the following assessment: 2005, $1.7 million. Ayes all. Shaw Litigation (05-181) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded that the Council authorize payment to Stewart Boyajian in the amount of $1,500 for the services rendered in connection with the five City employees involved in the Shaw litigation. Ayes all. MAYOR=S OFFICE Hearthstone Development Zoning Amendment Mayor Michael Lenz said the City had received a petition from Hearthstone Development, LLC for zoning map amendments at 400 Church Street. This is a proposal to change the classification of 5.7 acres from Urban Residential-1 (single family homes) to Transect-4 Urban Neighborhood (permitting mixed uses). The Council needs to determine if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to accept the petition for study and send it to the City Planning Board for an advisory opinion. Ayes all. Easements - Drabek, Ethier & Levinsky (05-182) Mayor Michael Lenz noted that the Levinsky easement was withdrawn from the agenda. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the easement for Darren Drabek & Kirsten O’Reilly, at 6 Alger Street for an existing two-story, wood frame house to encroach up to 2.6 feet into Oak Alley (Bolster Lane) and for the Mayor to sign all necessary documents. Ayes all. Page 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the easement for Stephen Ethier at 20 East Harrison Street, for an encroachment of an existing stone retaining wall approximately 2.0 feet into East Harrison Street and for the Mayor to sign all necessary documents. Ayes all. Hurricane Katrina Mayor Michael Lenz said his office sent a press release on August 31 to make the public aware of the organizations available to the community to which donations can be made. He said he had been contacted by residents who are willing to house victims of the hurricane and those requests need to be coordinated with national agencies. He said his office is willing to maintain a list of those residents who are willing to open their homes so that when the opportunity is presented to allow this to happen, the list will be forwarded onto the appropriate organization. It was also noted that there will be some fundraisers with those funds going to national organizations. Capital budget 2006 Mayor Michael Lenz said the capital program and budget were both in the City Clerk’s Office in sufficient time to meet the requirements of the charter. The legal ad placed in the paper stated the date, place and time of the public hearing for the capital budget. The capital committee believed that the EMS facility should be included in the capital program so that it could be considered in future years. There is still much information that is necessary on that subject, but the committee felt that it needed to be on the radar screen. Having the item in the plan does not necessarily mean that it will be funded. The capital program will be adopted at the Council meeting on September 14. The full version of the capital budget and program are located in the City Clerk’s Office. Mayor Michael Lenz then reviewed the capital budget and program noting that it had been broken down by department, priority level, funding mechanism, etc. He said most projects would be funded through bonding, however, there would be some funded through donations, grants and the water budget. He also noted that there were items requested that were not included in either the capital program or the budget. He said some of the items included in 2007 through 2012 will not necessarily be funded, however, they may need consideration. The capital committee believed that they should be included for future consideration. The Finance Commissioner will now take the capital budget and incorporate it into the overall budget. He commended all those individuals who participated in this process. Special Council meeting and public hearing on 2006 Capital Budget & Program Mayor Michael Lenz requested a special Council to be held on Wednesday, September 14 at 6:30 on the capital budget and a public hearing at 6:15 p.m. on the capital budget & capital program. Parking Deck, Hub Lot, Change Orders Mayor Michael Lenz said this item was previously on his agenda but had been delayed until this meeting for further discussion. He said the changes to the contract included item #4 which now allows for free public parking until August 20, 2009, and after that time, the City could charge for parking with those funds going to a designated fund to be used for the repair and maintenance of the parking garage. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the contract with the County for the parking deck on Church Street as presented. Commissioner Thomas McTygue asked when the check from the County would be issued. Mayor Michael Lenz said it is to be paid in 2005. Phil Klein said the voucher had been submitted by the City to the County and the City should expect to have a check before the next Council meeting. Commissioner Thomas McTygue asked if the City could get the check earlier next year. Phil Klein said the City should submit the voucher early in 2006, therefore, the City could see the money in early 2006. Page 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Commissioner Matthew McCabe said that he appreciated the County’s compromise on this matter. He noted though that there could be amendments to the contract at any time. Ayes all. Blood Drive Mayor Michael Lenz announced that a blood drive will take place on Friday, September 10 from 12:00 p.m. to 6:00 p.m. in the Music Hall. He urged those who could to donate blood. Community Development Block Grant Subrecipient Agreements (05-183) Mayor Michael Lenz said the agreements had been distributed with the agenda. They have been reviewed by the City Attorney and the Risk & Safety Manager. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the Subrecipient Grant Agreements with Domestic Violence & Rape Crises Services, Saratoga County Economic Opportunity Council, Saratoga Mentoring Program, Legal Aid Society of Northeastern New York, Inc., Mother Susan Anderson Emergency Shelter, The Dance Alliance, Legal Aid Society of Northeastern New York, Shelters of Saratoga, 2004 Owner Occupied Rehab Program, Shelters of Saratoga, 2003 Saratoga Emergency Repair Program, and Shelters of Saratoga 2002 Owner Occupied Rehabilitation Program. Ayes all. Commissioner Thomas Curley asked if there were any remaining funds from prior years. Brad Birge said he was not aware of any remaining funds, however, if there were, they would be reprogrammed. Constitution Week Proclamation (05-184) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs WHEREAS, The Constitution of the United States is undoubtedly one of the most influential documents ever written. It demonstrates more than any human creation before or since, that free people are able to govern themselves efficiently, fairly, and wisely, that they can form a strong, lasting foundation of representative government; and that they can pass on a love of liberty and a government of law to generations yet to come, and WHEREAS, September 17, 2005 marks the 218th anniversary of the drafting of our Constitution by the Constitutional Conventions, NOW, THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, do hereby proclaim the week of September 17 through 23, 2005, as CONSTITUTION WEEK in the City of Saratoga Springs, and I urge all Saratogians to take time to reflect upon the many rights, freedoms, and opportunities we enjoy as Americans. 9/11 Ceremony Mayor Michael Lenz said there would be a 9/11 ceremony held on September 11, 2005, at 5:00 p.m. in Congress Park. ACCOUNTS DEPARTMENT Approval of August 16, 2005, meeting minutes Page 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the August 16 meeting minutes with a few minor corrections. Ayes all. Approval of August 23, 2005, meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the August 23 meeting minutes with a few minor corrections. Ayes all. Award of Bid - War Memorial Restoration Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for War Memorial Restoration to Ganem Contracting in the amount of $76,650, (lowest bidder meeting specifications) contingent upon the appropriate transfer of funds to cover this cost. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. The Risk & Safety Manager has also reviewed the contract. Commissioner Thomas McTygue noted that there were not quite enough funds in the War Memorial brick account to cover this expense. He said that the remaining funds would be transferred from the Casino chair rental account to cover the expenditure. Ayes all. Award of RFP - Xonitek Systems Corporation Upon the recommendation of the Records Management Office and the City’s Information Technology Systems Manager, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the RFP for E-Government Website Restructuring and the development of electronic payment infrastructure to Xonitek Systems Corporation of Binghamton in the amount of $57,802 (lowest respondent meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Commissioners of Deeds Commissioner Stephen Towne appointed the following individuals as Commissioners of Deeds with a term of two years: Christopher Cole, Robert Dennis, Kristen VanWert, Vanessa Rose, Laura Ennis, Russell Faden, James Bell, Patrick O’Leary, Keith Pellegri, Travis Carter and Charles Fischer all of the Police Department. Authorization for Mayor to sign the contract for Voting Machine Instruction Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the agreement with the Saratoga Springs School District for Voting Machine Instruction at the Geyser Road Elementary School to be held on September 8 from 6:00 p.m. to 7:30 p.m. This contract has been reviewed by the Risk & Safety Manager and the City Attorney. Ayes all. Taxi Ordinance set public hearing Commissioner Stephen Towne said that per Local Law #1 of 2004, a taxicab owner may request to invoke a surcharge not in excess of 10 percent of the fare for every increase of $.25 in the average price per gallon of 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 Page 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 request to invoke such a surcharge has been received in my office. In May of this year, the Council approved a surcharge in the amount of 10 percent due to the fact that the average price of regular unleaded gasoline had exceeded $2.25 for more than 30 days. The current price of regular, unleaded gasoline now exceeds $2.25 and has for more than 30 days. Therefore, he set a public hearing for Tuesday, September 20 at 6:50 p.m. on this matter. Property Tax Relief Resolution (05-185) Commissioner Stephen Towne said that on August 10 the Assembly Republican Exploratory Commission on Alleviating the Burden of School Real Property taxes met at the City Center to discuss the burden of higher real property taxes on the most vulnerable populations including senior citizens on fixed incomes, the disabled and low income individuals least able to manage the burden of this form of taxation. As a result of that meeting he brought forward the resolution previously distributed. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded the following resolution: Property Tax Relief WHEREAS, school, county and city real property taxes are an increasing burden upon the residents of the City of Saratoga Springs, and WHEREAS, the burden of higher real property taxes has a disproportionate impact on vulnerable populations, including senior citizens on fixed incomes, the disabled and low income individuals least able to manage the burden of this form of taxation, and WHEREAS, New York State government has recognized in the past the burden of property taxes on homeowners, especially senior citizen homeowners, by enacting the highly successful School Tax Relief (STAR) program which eases the burden of school property taxes for these taxpayers, and WHEREAS, the burden of real property taxes on vulnerable populations has been recognized as a problem that exists in many other area of the state outside of New York City, and WHEREAS, the Assembly Republican Exploratory Commission on Alleviating the Burden of School Real Property Taxes held a roundtable on August 10, 2005, at the Saratoga Springs City Center to discuss these and associated issues, and WHEREAS, many local elected and appointed officials, representing the City of Saratoga Springs, the Saratoga Springs City School District, other towns within Saratoga County and the New York State Assessors Association, offered perspectives and recommendations for consideration to this Task Force, and WHEREAS, suggestions offered included substituting other broad-based taxes for real property taxes in connection with school funding, freezing assessments on senior citizen homeowner, enhancing the STAR, senior citizen and disabled property tax exemptions, eliminating unfunded mandates that increase local costs, having the state provide a larger share of the cost of providing a basic deduction and promoting accessibility to reverse mortgages for seniors, NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saratoga Springs request that New York State lawmakers in Albany to examine these suggestions and to make known the dire need for new laws providing property tax relief for our vulnerable populations and, BE IT FURTHER RESOLVED, that the City Council urges the passage of legislation as soon as possible by the New York State Senate and Assembly that would successfully incorporate relevant ideas discussed at the August 10 roundtable in an effort to alleviate this crushing burden here in Saratoga Springs Page 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 and elsewhere in New York State, a burden that threatens the American dream of home ownership and BE IT FURTHER RESOLVED, that the Saratoga Springs City Council hereby requests that the City Clerk forward a copy of this resolution to assemblyman James Tedisco, Senators Joseph Bruno and Hugh Farley and Governor George Pataki Ayes all. Procedures and Process by which information put onto the Web Commissioner Stephen Towne said that Carol Maguire had brought her concerns to the Council on the lack of availability of information on matters before the Council. He proposed that the Accounts Departments would act as the repository of matters of interest to the public. He suggested that all items that have to do with the Council agenda, to the extent practicable, be forwarded to Kathy Moran before the Council meeting who will in turn forward the information to Kevin Kling. Commissioner Matthew McCabe said that Kevin Kling is in his department and currently information is sent directly to Kevin Kling to be placed on the Web. Commissioner Stephen Towne said that once the e-government program is in place, each department will be able to maintain their Web page. Professional Credentials Commissioner Stephen Towne said he was pleased to announce that two members of his department had recently achieved impressive professional credentials that validates their knowledge, experience, value and effectiveness that they bring to their positions. While upgrading skills and capabilities are needed in all positions, it is particularly important in those technical positions where the City has sizeable dollars involved. Commissioner Stephen Towne recognized Marilyn Rivers who recently received her AIC (Associates in Claims) designation from the Insurance Institute of America. The designation was awarded upon a series of national exams and casualty claims practice, property loss adjusting, workers compensation management and casualty claims management in addition to the commercial property and casualty insurance programs she had previously completed. Her AIC designation, taken together with her CPCU and ARM designation for underwriting and risk management, make her 1 of only 686 worldwide carrying the combined experience and designations. Commissioner Stephen Towne recognized Tony Popolizio who recently attained membership in the IAO (Institute of Assessing Officers). The New York State Assessors Association was incorporated February 14, 1940. In the 1950s the Assessors Association Executive Board recognized the need for more professionalism in the industry. In 1958 the Assessors Association established a subsidiary organization known as the Institute of Assessing Officers. The Institute is charted by the New York State Board of Regents and has been handling all of the education of the Assessors Association since its inception. Membership in the IAO is awarded to individuals who are members of the Assessors Association and who have the required qualifications and passed a rigorous comprehensive examination. Qualifications include possessing a college degree, employment in NYS as an assessor in the evaluation of real property for a minimum of five years and completion of the exam. Membership in the IAO is the highest professional assessment that an assessor can strive for. FINANCE OFFICE Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: August 19, 2005 - $374,997.98; August 26, 2005 - $365,395.70 and September 2, 2005 - $360,008.62. Ayes all. Page 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 9/6/05 1SEP05 $ 349,139.76 2005 mini warrant 8/24/05 MC2AUG05 $ 24,774.35 2005 mini warrant 8/31/05 MC3AUG05 $ 363,048.47 Ayes all. Transfers - payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payroll transfers as presented (Attachment A). Ayes all. Transfer - regular Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the payroll transfers as presented (Attachment B). Ayes all. Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the budget amendments as previously distributed (Attachment C). Ayes all. Special Accounts Commissioner Matthew McCabe said a memo was distributed earlier this week on Special Accounts. He said that all was in order with these accounts and if there were specific questions, to please contact him. Budget Commissioner Matthew McCabe said a memo was sent to Council members on June 30 requesting budget submissions by August 12. He thanked all departments for responding. A preliminary budget will be distributed the week of September 12. Meetings will then be scheduled with each Commissioner. A proposed budget will be submitted to the Council on October 4. There will be several workshops and public hearings on the budget. Workshops will be open to the public but not for comments. All budgets will be acted on at one time before November 30. Actuarial/Attestation of Benefits (05-186) Commissioner Matthew McCabe said that there is a federal program which allows for drug subsidies for retired eligible employees. He said that under the Medicare Act of 2003, the federal government encouraged municipalities to offer prescriptions to retired employees. He said that there is a 28 percent subsidy. He said that preliminary estimates are that the City could receive $585 for each eligible participant and there are about 100 participants. He said that the City would need to engage an actuarity firm. Jim Flynn, ATC, has contacted several firms and has recommended the firm of Reden & Anders. This firm is also recommended by MVP. He said it is highly likely that the City will meet the requirements of this subsidy program. He said that the City should know by the end of the year if we are awarded the subsidy. Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Renders & Anders, Ltd. For the actuarity services for the retirees drug subsidy contingent upon the review of the City Attorney and the Risk & Safety Manager. The estimated cost of the contract is $2,500. Ayes all. NYRA Page 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Commissioner Matthew McCabe said he recently attended a Friends of NYRA Association meeting at Fasig Tipton where there was discussion on the future of NYS gaming laws. He said there was discussion on the City requesting funds to pay for the additional DPS and DPW services that are required during the racing season. He said there are many people deeply involved in the racing industry who want to maintain the product level that Saratoga Springs offers and it was good to hear them say that. He said that Jack Knowlton, former member of this board, has expressed an interest in talking to the Council on these and other matters. Commissioner Matthew McCabe said the City will be impacted by the franchise renewal process and he encouraged the Council and members of the NYS franchise renewal process committee to meet so that the City can express their views. He said they need to hear from the City as a group and not individually. Commissioner Thomas McTygue said that on September 17 the NYS finals for the sires stake program will be held at the harness track. He said that each race will have a purse of $150,000. He said that it was an honor for the City to be selected to host this event. DEPARTMENT OF PUBLIC WORKS Court Cleaning Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract for court cleaning from April 1, 2005, to March 31, 2006. The contract is the same as in previous years. Ayes all. Italian Gardens Presentation Lew Elia reviewed with Council members the history of the Italian Gardens through a power point presentation. He showed photos of the pre-existing Italian Gardens and Spit & Spat. He said he did quite a bit of research to find statutes similar to Spit & Spat. He used several examples of statutes from northern Italy. He found a rendering by Caracci that he believed Spit & Spat statutes are based on that rendering. The pre-existing Italian gardens had Roman columns, gardens, four statues, sundial and three benches. He said he looked at many gardens in Rome but finally found a small village near Rome that had an old papal residence with a garden that was very similar to the pre-existing Italian Gardens in Congress Park. It did not have a sun dial though. He said the sundial that was recently refurbished did not fit the scheme of the garden. He said it is made of Caraba marble. There are three figures on the sundial one for sunrise, sunset and noon time. He said it is one solid block of marble. The poem around it came from William Robert Spencer (1769 to 1834) where in that poem he is apologizing to a woman for staying too long at her residence. The statutes in the gardens were Naiades (female followers of the God of Wine & Revelry). Lew Elia said that the problem now was to recreate these statutes. The cost to do so with Caraba marble would be significant and likely not probable. Lew Elia then showed some pictures of the firm in Utah that can recreate the statutes starting with a clay mold and then the marbleizing it. Lew Elia said the Historical Society has commissioned nine inch replicas of Spit & Spat to be sold at Christmas time as a fund raiser. Commissioner Thomas McTygue said he had found someone who could duplicate the fence from the pre- existing gardens. Commissioner Thomas McTygue said that it was also important to document Lew Elia’s findings on the garden. Commissioner Thomas McTygue thanked Lew Elia for his presentation. Donations Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to accept the Page 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 following donations: $50 from Saratoga Convention & Tourism Bureau, $700 from the Arts Council and $1,050 from Audrey’s Art Ltd., for the Italian Gardens fund. Ayes all. DPW Hourly Contract and Part Time Employees Pay Raise (05-187) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the DPW hourly contract as previously discussed. There was an approved memorandum of understanding, however, there were some clerical errors and omissions. Those have now been corrected. Ayes all. Part Time Employee Pay Raise (05-188) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the new part time pay rates as follows: $10.50, $9.50, $8.50, $7.50 & $6.50 with an effective date of January 1, 2005. Mayor Michael Lenz asked if these new rates would impact all part time employees or only DPW employees. Commissioner Matthew McCabe said it should impact only DPW employees. Ayes all. Garage Attendant Salary Increase (05-189) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to increase the garage attendant salary to reflect the new laborer rate of Labor 1A, Labor 2 & Labor 3 with an effective date of January 1, 2005. Ayes all. Deputy Commissioner Salary (05-190) Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to authorize a four percent salary increase contingent upon the vote being unanimous and each Commissioner finding the funds within their department. Matthew Dorsey, City Attorney, suggested some very healthy discussion before a vote is taken. He said there was no statutory reason for the vote to be unanimous. Commissioner Stephen Towne asked what was the effective date. Commissioner Thomas McTygue said January 1, 2005. Commissioner Stephen Towne asked about 2006. Commissioner Thomas McTygue said his motion was for this year retroactively to January 1, 2005. He said it was not his intention to bring it up again next year. Commissioner Stephen Towne said he could support the motion with those intentions. Commissioner Matthew McCabe said he too could support the motion. Commissioner Stephen Towne said the motion should clearly state that it was retroactive to the date of hire. Council members agreed. Commissioner Matthew McCabe said he was not sure that his department could cover this increase in salary. He said he would like to see the dollar amount. Commissioner Thomas McTygue said he wanted a unanimous vote. He said he would not bring this matter back for further discussion. He said the deputies deserve an increase in their salary. This is not a large amount of money. The Council has been very conservative on these matters. He said if Commissioner Matthew McCabe needs to fund his deputy’s salary increase through the contingency then he should do so. Commissioner Matthew McCabe said he was not prepared to vote on this matter this evening. He wanted to analyze the numbers. Page 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Commissioner Thomas McTygue said he would not bring it back again for a vote. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to table the motion. Ayes: two (Commissioners Matthew McCabe and Stephen Towne). Nays: three (Commissioner Thomas McTygue, Thomas Curley and Mayor Michael Lenz). Motion denied. Mayor Michael Lenz said the Council should support the motion. Commissioner Stephen Towne clarified that the motion was retroactive to January 1, 2005; it was not for any previous deputies, it was retroactive to the date of hire, it is at 4 percent, the funds will come from each department’s budget and there is no intention to request a pay raise for 2006. Council members agreed. Ayes: four; Nays: one (Commissioner Matthew McCabe). Council members agreed that because the motion was contingent upon it being a unanimous vote, the motion failed. Compost Screen Rental - Waive of Bid Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to waive the bid for the rental of a compost screen from Vermeer/Nyne Equipment Company in the amount of $15,000 for one month. Ayes all. Parking Solution Fund - transfer money Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to transfer $8,000 from the parking solutions account to the off street parking account to cover the cost of engineering work to determine what remedial work was to be done on the Putnam Spring Street parking deck. Ayes all. Connolly Plan Mark Lawton, former of the Charter Review Commission, said the Charter Review Commission did not address the Connolly Plan. He said he believed that the limitations of the Connolly Plan were becoming an impediment for the City. The Connolly Plan limits the indebtedness for the City. It states that the bond limitations are one percent of the full valuation over a five year period. If the Council wishes to go above the one percent, it must go to referendum which becomes time consuming and disruptive for the City. Mark Lawton said the Council should consider increasing the one percent maximum. Commissioner Thomas McTygue said that legislation would need to be brought to the voters on increasing the one percent. It is too late for this year, however, there could be some research for next year. He said the one percent level needs to be increased. He suggested that some thought be given to three or four percent. Mark Lawton reminded Council members that certain debts are excluded from the one percent maximum. Mayor Michael Lenz said that perhaps the members of the capital committee could review this matter. He said that experts on such matters could be brought to that committee. There also needs to be careful consideration of the various upcoming projects. The one percent maximum level that the City has is very likely the lowest in the state. Commissioner Thomas McTygue thanked Mark Lawton for this information. Saratoga County Nurse Fuel Allowance Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to allow the Saratoga County Nurses to fuel their vehicles at the City garage. Commissioner Thomas McTygue said that currently the fire, police and emergency corps obtain their fuel at Page 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 the garage. He said that perhaps the County could send some funds to the City that could be drawn down on. He said that a voucher system noting the mileage, license plate, driver, amount of fuel, etc. would be used. Allowing the nurses to fill their cars here at the City eliminates them driving to Ballston Spa for gas. Ayes all. Campaign Signs Commissioner Thomas McTygue reminded candidates that signs should not be placed in the right of way but should be placed on private property. He said DPW will begin picking up signs placed within the right of way. He said a copy of the City’s ordinance in connection with campaign signs would be sent to candidates. He said the candidates would be allowed three days to pick up their signs and then DPW would do so. LaChase Construction Change Order #5 Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve change order #5 for LaChase Construction in the amount of $19,806. Ayes all. Parking Deck hours Commissioner Thomas McTygue requested a public hearing be set for September 20 at 6:45 p.m. on the parking deck hours. DEPARTMENT OF PUBLIC SAFETY Medical Director Contract Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with the medical director. Ayes all. Vista Drive & Arrowhead Road Stop Sign (05-191) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the installation of a stop sign at Vista Drive & Arrowhead Road. Ayes all. (Commissioner Stephen Towne recused himself due to a potential conflict of interest.) Woodlawn Avenue Parking Signs Commissioner Thomas McTygue requested that this item be pulled from the agenda. He said there is a plan to widen the road by one foot and to install new curbs along the east side of Woodlawn Avenue. He said eliminating parking along this street would increase the speed. He said he would rather leave the parking as is for the time being and see how it works after the curbs are installed. Commissioner Thomas Curley agreed. Walton Street Parking Signs Commissioner Thomas McTygue requested that this matter be withdrawn for the time being. Commissioner Thomas Curley agreed. Ruggles Road/Old Schuylerville Road Stop Signs Commissioner Thomas Curley requested that a public hearing be set for September 20 at 6:40 p.m. on the installation of stop signs at Ruggles Road and Old Schuylerville Road. SUPERVISORS Page 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 6, 2005 Phil Klein said the Saratoga County Veteran’s Committee recently met and it appears that due to the City’s adoption of the resolution to allow for larger exemptions for veterans, other communities and the County will do the same. These new exemption levels will take effect with the 2007 tax roll. 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. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 10:00 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 16 of 16