City Council
Regular MeetingSaratoga Springs, NY · September 14, 2005
Minutes
CITY OF SARATOGA SPRINGS
CITY COUNCIL MEETING
CITY COUNCIL ROOM
WEDNESDAY, SEPTEMBER 14, 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
ABSENT: Phil Klein, Supervisor
Anthony Scirocco, Supervisor
STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance
Debbie Harper, Deputy Commissioner, Accounts
CALL TO ORDER
Mayor Michael Lenz called the meeting to order at 5:30 p.m. with the Pledge of Allegiance.
MAYOR=S OFFICE
2006 Six-Year Capital Program - Hold until 6:30 p.m.
Professional Services for Spring Run Trail (05-192)
Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the hiring of Sneering,
Monahan, Provost, & Redgrave for a title search and title insurance on the Excelsior Park, LLC, donated parcel
for the Spring Run Trail at a cost not to exceed $500. Ayes all.
Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the hiring of Monroe Title
Insurance for title insurance for the Baker/Egar parcel in an amount not to exceed $408. Ayes all.
Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the hiring of Monroe Title
Insurance for title searches and insurance for the Ten Springs Wood parcel, Wallace Allerdice parcel and Quality
Hardware parcel (all being donated to the City) in an amount not to exceed $1,900. Ayes all.
Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to hire VanDusen & Steves for survey
work for Spring Run Trail at a cost not to exceed $11,800. Ayes all.
Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to hire C.A. Smith for an
environmental assessment review for the Ten Springs Wood parcel in an amount not to exceed $2,000. Ayes all.
ACCOUNTS DEPARTMENT
Xonitek Systems Contract
Upon the recommendation of the Records Management Office and the Information Technology Systems Manager,
Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded for the authorization for the
Mayor to sign the contract with Xonitek Systems Corporation of Binghamton, New York in the amount of $57,802.
The contract has been reviewed by the City’s Risk & Safety Manager and the City Attorney. Ayes all.
Rabies Vaccination Clinic
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City of Saratoga Springs City Council Meeting Minutes
Wednesday, September 14, 2005
Commissioner Stephen Towne announced that there would be a free rabies vaccination clinic at the William H. Ford
Center at Jefferson/Vanderbilt Terraces. The clinic is sponsored by Supervisor Skip Scirocco, Saratoga County Animal
Shelter staff, the Saratoga Springs Housing Authority and him. All rabies vaccination shots are free. Staff from the
Accounts Department on hand will be Marilyn Rivers, Debbie Harper, Sheila Brooks and Gloria Battaglini The free
rabies clinic is scheduled for cats and dogs on Saturday, September 17th from 10:00 a.m. to 12:00 noon at the Ford Center.
At the same time City staff will be on hand to issue dog licenses during those hours.
Ethier Zoning Amendment, 289 Jefferson Street & 30 East Broadway
Commissioner Stephen Towne said the Council has previously held two public hearings on the Ethier Zoning Amendment
proposals and there are still concerns by the neighbors. He said on Thursday, September 15, a meeting would be held
with the neighbors, the applicant and City staff to reconcile the areas of concern.
Insurance Reimbursement - Weed Harvester
Commissioner Stephen Towne announced that the City had been reimbursed $45,000 by NYMIR as settlement for the
loss of the City’s weed harvester in Loughberry Lake on August 8. The funds will be used to replace a 1988 weed
harvester.
IRS Mileage Rate
Commissioner Stephen Towne announced that the IRS has issued a new mileage reimbursement rate. The rate goes from
40.5 cents to 48.5 cents per mile. The City will begin reimbursing this new amount effective tomorrow September 15.
DEPARTMENT OF PUBLIC WORKS
Barton & Loguidice - Saratoga County draft SEQRA on water proposal (05-193)
Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to hire Barton & Loguidice
to review and make comments on the Saratoga County draft SEQRA in an amount not to exceed $10,000. This
will be paid for through the water budget.
Commissioner Stephen Towne asked that Barton & Loguidice’s comments be provided to the Council in sufficient time
to allow Council members to review before it goes to the County.
Commissioner Thomas McTygue pointed out that the County did not send the draft document to the City. He said the
supervisors need to carry that message back to the County. Commissioner Stephen Towne said it was his understanding
that the County had extended the response date to the end of September.
Ayes all.
DEPARTMENT OF PUBLIC SAFETY
Firefighters to go to New Orleans for FEMA Relief (05-194)
Commissioner Thomas Curley moved and Commissioner Matthew McCabe seconded the following resolution:
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City of Saratoga Springs City Council Meeting Minutes
Wednesday, September 14, 2005
RESOLUTION OF THE CITY COUNCIL OF SARATOGA SPRINGS, NEW YORK
WHEREAS, the recent devastation caused by Hurricane Katrina has impacted the lives
of thousands of individuals and families all across our nation. It is incumbent upon each and
every one of us to render assistance and service to injured and needy persons quickly and to the
best of our ability; and
WHEREAS, recently Tom Indiano and Joe Cook, two Saratoga Springs Firefighters,
have made arrangement to travel to Atlanta and participate in the United States Fire Services
Response to Hurricane Katrina. They will join hundreds of fire service personnel in a
tremendous humanitarian outreach in multi-state areas. The program will be conducted in
accordance with program guidelines established by the Department of Homeland Security and
the Federal Emergency Management Agency; and
WHEREAS, this Council is anxious to assist Mr. Indiano and Mr. Cook in every way
possible,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. This Council hereby expresses its full support of Mr. Indiano and Mr. Cook’s
efforts to aid in the aforementioned program and will take all steps necessary to
provide them with appropriate releases, leaves of absence and employee benefits
during their absence from regular duty. The Council recognizes that Mr.
Indiano and Mr. Cook left for Atlanta at 8:00 a.m. on September 12, 2005, and
the Council’s support becomes effective at that time.
2. This Council wishes Mr. Indiano and Mr. Cook success and safe return.
Marilyn Rivers said that this was a request from FEMA for municipalities to support this effort. She said Saratoga
County is requesting a formal resolution by the Council stating that the Council is willing to accept the liability of
covering these employees during the time that they are away in case of injury.
Commissioner Thomas McTygue said that although he supported this resolution, he was concerned that these firefighters
left the City without receiving approval from the Council. He said this is serious. In the latest news reports, reporters are
showing the firefighters are stacked up in Atlanta and not really doing much of anything other than handing out
pamphlets. He did not want to see our firefighters spending their time that way. He said Commissioner Thomas Curley
needed to speak to Chief Robert Cogan about allowing these firefighters to leave the City without prior approval. He said
he did not want to set a precedent that any or all employees could simply leave and getting approval.
Commissioner Thomas Curley said there was a formal request from Chief Robert Cogan. He said the firefighters in
Atlanta that are disgruntled about not doing anything went there on their own. The FEMA effort that the City firefighters
are involved in is an organized effort between FEMA and Homeland Security. They will be going directly to the affected
areas.
Commissioner Thomas McTygue said his concern was that they left the City without obtaining the appropriate approvals.
Commissioner Thomas Curley said the City has sent personnel during the ice storm and 9/11. Commissioner Thomas
McTygue asked that the message be brought back to Chief Robert Cogan that this not happen again.
Commissioner Matthew McCabe asked if FEMA would reimburse the salaries. Commissioner Thomas Curley said yes.
Commissioner Matthew McCabe asked about replacing these two employees in their absence. Commissioner Thomas
Curley said it could be done and was within his budget.
Commissioner Stephen Towne said the Council is the only body in this City that can make such a commitment. He said
in this resolution, the Council is being asked to recognize that they left on Monday morning. He asked why they had to
go then. He said the City assumes some risk when they leave and there was some exposure because there was no prior
approval.
Commissioner Thomas Curley offered to bring the firefighters home. Council members agreed that they were not asking
that they be brought home. They did, however, want to make it clear that approval be sought before committing the City.
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City of Saratoga Springs City Council Meeting Minutes
Wednesday, September 14, 2005
Ayes all.
SUPERVISORS
Nothing.
RECESS
Mayor Michael Lenz recessed the meeting at 5:55 p.m. to return at 6:15 p.m. for the 2006 capital budget and six year
capital program public hearing. Mayor Michael Lenz reconvened the meeting at 6:15 p.m.
PUBLIC HEARING
2006 Capital Budget and Six Year Capital Program
Mayor Michael Lenz opened the public hearing.
Mark Lawton thanked the Council for all of their hard work on developing the capital program and annual capital budget.
He said there was still a ways to go, but they had done a good job. He said that the time frame should not be compressed
though.
Commissioner Matthew McCabe asked what he meant by compressed. He said the entire budget process started much
earlier this year and it is more open than ever before. Mark Lawton said the Charter Commission envisioned the capital
program committee being an ongoing committee reviewing projects all year long. The capital program committee needs
to be kept up to date on the City’s capital facilities. That committee needs to meet more regularly.
Commissioner Thomas McTygue said the capital program and annual budget documents are working documents. He said
that they Council is only accepting them as working documents and not as final documents. He said he wanted to review
the items and their priority levels. He said the priority levels could be changed. He also noted that not everything in the
capital budget may be accepted. Mark Lawton agreed. He said that the priority levels should be numbered.
Mayor Michael Lenz said that the capital program is subject to review, revision and adoption every year. He said that
items were placed in the capital program to allow the opportunity to review them during the following year. He noted that
the items had been numerically numbered for priority. He said though that the priority levels are subject to review by the
Council. The Council has the ability to fund or not fund any item. This is a fluid document. The capital program
committee met earlier and more times than ever before. He agreed that the infrastructure inventory needed to be
completed.
Commissioner Matthew McCabe said that items can be removed from this list but not included. Mark Lawton said that
was not true. He said that items can be added with a four-fifths vote and the appropriate public hearing. He also noted
that if it was a true emergency, there were provisions in the charter to allow it to happen.
Lew Benton, 29 Thoroughbred Drive, said the statute calls for a minimum five days for publication and that was ignored
by administration. The notice of the hearing was printed on Friday morning. This document is not a work in progress but
rather it was a final document. In the 2007 and 2008 years, the funding sources had not been identified. The GML
compels that the funding source be identified. He said it may be necessary to remove the Connolly Plan restrictions. He
said that it was a dishonest capital budget because realistically some of these items could not be funded. He said to
suggest that the EMS facility and the Police Station facilities would be funded and constructed in one year was wrong.
There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing.
MAYOR=S OFFICE
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City of Saratoga Springs City Council Meeting Minutes
Wednesday, September 14, 2005
2006 Six Year Capital Program (05-195)
Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adopt the Six Year Capital Program.
Commissioner Thomas McTygue said this is a working document. He again said that the items in this program may or
may not be funded. It is an extensive program and it needs more review.
Mayor Michael Lenz reminded Council members that the 2006 capital budget was included within six year capital
program. All projects/items are subject to review, revision and adoption year. We are not locked into this six year
program simply because it is accepted this evening.
Ayes all.
ADJOURNMENT
Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 6:40 p.m. Ayes all.
There being no further business. Mayor Michael Lenz adjourned the meeting at 6:40 p.m.
Respectfully,
Kathy Moran
Clerk
Approved:
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Agenda
FINAL CITY COUNCIL AGENDA
September 14, 2005 6:15 P.M. Public Hearing on 2006 Capital Budget and 6-Year Capital Program
5:30 P.M.
CALL TO ORDER
ROLL CALL
SALUTE TO FLAG
PUBLIC COMMENTS
MAYOR'S DEPARTMENT Mayor Lenz
1. Discussion and Vo te: 2006 6-Year Capital Program
2. Discussion and Vote: Retain Professional Services for Spring Run Trail
_____________________________________________________________________________________________________
ACCOUNTS DEPARTMENT Commissioner Towne
1. Discussion & Vote: Zoniteck Contract
2. Announce: Rabies Vaccination Clinic & Dog Licensing
3. Announce: Ethier Zoning Amendment, 289 Jefferson Street & East Broadway meeting with residents
4. Announce: Insurance Reimbursement, Weed Harvester
5. Announce: IRS Mileage Rate increase
_____________________________________________________________________________________________________
FINANCE DEPARTMENT Commissioner McCabe
1. Nothing At This Time
PUBLIC WORKS DEPARTMENT Commissioner McTygue
1. Discussion & Vote - Retain Barton & Louguidice to Develop a Response to the County's Draft SEQRA
Scoping Statement
_____________________________________________________________________________________________________
PUBLIC SAFETY DEPARTMENT Commissioner Curley
1. Approval for firefighters to go to New Orleans for FEMA Relief.
___________________________________________________________________________________________________
SUPERVISORS
1. Nothing At This Time
Adjourn Until September 20, 2005
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