City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, OCTOBER 18, 2005 5:40 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 Patrick 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 5:50 p.m. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 5:50 p.m. to discuss the CSEA contract, Public Safety Labor Contract and Anderson Litigation. Ayes all. Council members returned at 6:30 p.m. PUBLIC HEARING 2006 Budget Mayor Michael Lenz opened the public hearing on the 2006 budget. Commissioner Matthew McCabe requested that speakers limit their presentations to five minutes. John Kraus, 227 Grand Avenue, representing Citizens for Affordable Taxes, made a visual presentation. He said this organization is requesting fair and affordable taxes, a tax rate of no greater than $4.70 per thousand and an open budget process. There should be a formal presentation by the Commissioner of Finance on the budget. The citizens of the community need to be educated on expenditures, revenues and tax rate calculations. His calculations of the proposed budget should have a tax rate at $4.68 per thousand. He said the tax rate of the last three years was $4.30, $5.09 and a proposed rate of $4.68. There was a $1.9 million surplus in 2004. In 2005 there could be a $1.5 million surplus. The surplus for this year needs to be identified. Any surplus this year could bring down the tax rate to $4.25. With rising assessed values the rate could be $4.42 in 2007. All expenditures need to be reviewed including staff size and functions. Service delivery costs need to be identified and compared. Salary, health insurance and pension plans need to be reviewed. Fire and police services need to be reviewed. There needs to be discussion on alternate ways to provide the services. Revenue sources need to be identified. There should be some consideration for consolidating services with surrounding jurisdictions. A Citizens Advisory Committee should be formed to address these issues. This committee would work together with the Council and departments to analyze the date and recommend new ideas and ways to operate. He noted that the annual tax burden to residents is as follows: City at $4.68; School at $12.86, County at $2.18 and Library at $.97 for a total of $21.31. On a house assessed at $150,000 that equals $3,198 in taxes paid each year. Mark Lawton, Citizens Committee for the Implementation of the Charter, said that by the end of the year there should be full implementation of the charter. He said it was time to fully fund the mandates. Page 1 of 14 Renee Morris, Franklin Street, said she supported the Media Center project. Roger Wyatt supported the Media Center project. He said that media center could act as an inexpensive technology incubator. Smart cities are technological cities. He urged the Council to fund the cable renewal process. Barbara Thomas, League of Women Voters, asked the Council to fund the media center project. Katherine Morra, 2 Franklin Square, asked the Council to fund the media center project. Jane Weihe, 44 White Street, asked the Council to fund the professional negotiator for the cable renewal process. It would be a good investment. Jacki Pardon, Ten Springs Drive, representing Citizens for Community Media, said they had not yet heard from the school district on their request for the school district to partially fund the professional negotiator’s fee but she hoped to hear at their October 27 meeting. She said of all of the proposals that go across the Council’s desk, this one will generate funds for the City. It is an investment for the City. She asked that Council members review the document provided by Steve Pierce. Lee Nelson, 29 Underwood Drive, said she had appeared before the Council ten times asking for full implementation of the charter. She said all of the positions identified in the charter should be fully funded. She said they are not clerk positions and should be treated as professional positions. Dee Sarno, Saratoga County Arts Council, supported the media center project. She said the City needs PEG access and it will benefit the residents, schools, library and human services organizations. There needs to be a community partnership for this to work. It is an investment in the future. Phil Diamond, 29 Waterview Drive, said that public access television is being implemented in many communities. The question is not if we need it but rather when should it be done. The Council needs to fund this proposal. Asst. Chief Jim Cornick, Police Department, said he was concerned with the underfunded line items in the budget. He said it appears that the DPS received an increase in their budget, however, when looking at the budget, many of the line items had been decreased. He noted that there were large expenditures in the state retirement system at $1.6 million, $332,000 for health insurance, $50,000 to the sick bank, $85,000 for pension payments, raises at $19,000 for 119 staff members. He said the line to maintain the patrol fleet was decreased by $25,000. DPS took at hit on their budget and they do not have enough. He said they could use another $30,000. It was great to keep the tax levy down, however, they need to buy new equipment. He noted that they used to do a lot of their funding through the local enforcement block grant program, however, that funding is decreasing and the City will now need to fund those items through its own budget process. Chief Ed Moore, Police Department, said this budget has taken the police department a step backwards. He said they need new laptops, an overhaul of the radio system and new bullet proof vests. They need the tools to do their jobs. Mayor Michael Lenz closed the public hearing on the 2006 budget. Commissioner Matthew McCabe reminded everyone that there would be a budget workshop on Thursday at 6:00 p.m. Alternate Side Parking, Cottage Street Mayor Michael Lenz opened the public hearing on the alternate side parking on Cottage Street. No one spoke, therefore, Mayor Michael Lenz closed the public hearing. PUBLIC COMMENT PERIOD Page 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Mayor Michael Lenz opened the public comment period. Wilma Koss, 160 Kaydeross park Road, President of the Saratoga Lake Improvement District, said the Planning Board’s change to the water budget was an attempt to create an artificial water crisis and that was being used to bring a motion back to the table on the permit process for taking water from Saratoga Lake. Nothing has changed since December 2004. The permit process will be long and costly due to the opposition by the surrounding communities and organizations. It is fiscally irresponsible to go to the lake. She said because the City has spent $750,000 on this project was not enough reason to continue to spend more. The election was to be the referendum on the water issue. There is no reason to rush this vote and to deprive the voters of deciding whether or not to spend any more money on this matter. Tom Wood, Town Supervisor of Saratoga, also representing David Meager (Malta) and Greg Connors (Stillwater) said they all oppose the Saratoga Lake plan. Drawing water from the lake will limit the residential, commercial and recreational use of the lake. SLIPD’s vegetative control plan will certainly be reduced by an affirmative vote this evening. There are other options for the City. There should be intermunicipal cooperation. The surrounding towns will take whatever steps are necessary, including litigation, to stop this process. The Council members need consider this information and not adopt this proposal this evening. Dave Bronner, 5 Royal Henley Court, said there was already a vote on the water matter in December 2004. He noted that in May 2005, DPW stated that the present water system was adequate and would meet the future demands of the City. Then in September 2005, there was a water allocation plan by the Planning Board that says the City’s water needs will not be met. He asked what happened between May and September. He said the Council should not vote on this matter this evening and should wait until after the elections. This was purely a political move three weeks before the election. Rose Zappalo, Route 9P, agreed with Dave Bronner. George Karam, Sandsprings Drive, said there was no harm in the Council approving the resolution this evening. This would allow for a fallback option. Lela Doyle, 1104 Route 9P, said the decision was made in December 2004. She said the major costs for the City will be the watershed management plan. The FEIS fails to identify those costs. She said the future recreational use is also not discussed in that document. She said there are many long terms impacts to the lake such as weed control that has not been identified and addressed in the documents. The FEIS said the lake levels will be minimally impacted and that was not true. She said that the SLA hired new engineers and they have stated that the lake level could decrease by as much at one foot. Mark Graybor, Town of Saratoga, urged the Council to carefully consider everything before making a decision. This is a regional issue that will impact the recreational use of the lake. The City should work with the county. Sharing the burden is the way to go. Kyle York, 59 Railroad Place, said he has appeared before the Council many times and has always told the truth. He said others have lied by taking out ads that state that there will be no swimming or boating permitted on the lake if the lake is used as a water source. He said he had created a web site which has all of the important documents included in it. He said that Ray Callanan, Supervisor held a press conference about the Hudson River alternative and he could not answer any of his questions. Valerie Keehn, 41 Benedict Street, commended all of those in attendance this evening who supported the lake option. She said the lake option should be moved forward. Barbara Thomas, League of Women Voters, said the Council should hold Council meetings in a larger room when there are this many people in attendance. Mayor Michael Lenz closed the public comment period. Page 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 DEPARTMENT OF PUBLIC WORKS Adopt SEQRA Findings on Water Source Development Project (05-214) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded the following resolution: Resolution of the City Council for the City of Saratoga Springs Adopting SEQRA Findings on a Water Source Development Project WHEREAS, on January 16, 2001, the City Council, acting as lead agency for the Water Source Development Project (The “Project”) issued a Positive Declaration under the State Environmental Quality Review Act (“SEQRA”) requiring the preparation of a Draft Environmental Impact Statement (“DEIS”) and WHEREAS, a copy of that Positive Declaration was delivered to the identified involved agencies and to the Environmental Notice Bulletin for publication pursuant 6 NYCRR 617.12. WHEREAS, on April 5, 2001, the City Council noticed, circulated and published a Draft Scoping Document in accordance with SEQRA. WHEREAS on April 27, 2001, and April 30, 2001, the City Council held hearings to receive comments on the Draft Scoping Document and also accept comments by mail and email. WHEREAS, on July 17, 2001, the City Council adopted a Final Scoping Document and noticed, circulated and published this Final Scoping Document in accordance with SEQRA. WHEREAS, pursuant to the Final Scoping Document, a DEIS was prepared by the City’s environmental consultants Barton & Loguidice P.C., (AB&L@) for consideration by the City Council. WHEREAS, on January 7, 2003, the City Council accepted the DEIS, circulated it to Involved Agencies and made it available to the public. A Notice of Completion was delivered to the Environmental Notice Bulletin and published in the local newspaper in compliance with 6 NYCRR 617.12. WHEREAS, on March 6, 2003, the City Council held a public hearing on the DEIS and also accepted comments on the DEIS which were sent by mail or email. WHEREAS, on February 17, 2004, the City Council closed the DEIS public comment period. WHEREAS, subsequent to closure of the public comment period, the City’s environmental consultant prepared a Final Environmental Impact Statement (“FEIS”) for consideration by the City Council. WHEREAS, after thoroughly reviewing the FEIS, the City Council on September 21, 2004, voted to release the FEIS, and authorized the preparation of a Notice of Completion and ordered that these documents be published, filed and circulated in accordance with SEQRA. WHEREAS, in accordance with the City Council’s instruction, the FEIS was circulated to Involved Agencies, filed in the public information repositories and posted on the City’s website. A Notice of Completion was published in accordance with 6 NYCRR 617.12. WHEREAS, the City Council has received no comments on the FEIS. WHEREAS, in accordance with SEQRA the City Council has afforded the agencies and the public a reasonable time period to consider the FEIS. NOW, THEREFORE, BE IT RESOLVED, that in connection with the proposed Project the City Council fully considered the environmental impacts of the Project and Page 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 on the basis of such consideration the City Council hereby makes and adopts the Finding Statement attached hereto; and, BE, IT FURTHER RESOLVED, that in making its findings and determination under SEQRA, the City Council relied upon the facts and conclusions in the FEIS and the environmental record upon which it is based and without intending to limit the foregoing, in particular, upon the environmental social, economic and other facts and public comments set forth in the attached Findings Statement, all of which form the basis of the City Council’s action. BE IT FURTHER RESOLVED, as also stated in the attached Findings Statement: 1. The requirements of 6 NYCRR 617 have been met; 2. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action to be carried out, funded or approved is one that minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statements; 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact process will be minimized or avoided by incorporating as conditions to the decision those mitigation measures that were identified as practicable. Commissioner Stephen Towne said this motion is unnecessary. The matter has already been acted on and nothing has changed. He said David Bronner brought up a good point noting that in May 2005 DPW said the water supply was adequate and then the Planning Board’s document on water supply was issued. He said it was an unusually hot and dry summer and wondered if the results of their findings were really a true recognition of the City’s water capacity. He wondered whether the results would be different if they were taken now after having had two weeks of rain. He said the cost of bonding the lake option could cost the City between $1.2 and $1.5 million annually. He said he did not want his children paying for this option for the next thirty years. He said the proposal to use the lake is a very expensive insurance policy. He said he asked for and received information from DPW projected water needs to 2030. He noted that after 25 years it was still projected to be a supplemental use. He used the analogy “why would you buy an apartment building if you only have a need for an occasional room?” He said he supported the regional water source proposal as it is more cost effective for the City. Commissioner Matthew McCabe said he supported the lake option. He said the City needs to keep its options open and by submitting this application it keeps the door open. He asked how long it might be before the County gets to the position of where the City is tonight. Phil Klein said perhaps a year. Commissioner Matthew McCabe said that the County is certainly no closer than the City is and the City needs to keep its options open. He said there are still many things to consider and one of those is the possible loss of NYRA. He said imagine the possibility of no racing season next year because he envisioned a legal battle between Senator Bruno, Magna and NYRA. He likened it to the “perfect storm”. He said that for $750,000, the City needs to keep its option open. He said a year from this evening the next decision can be made on which proposal to go with. He supported the motion. Commissioner Thomas Curley said he believed the Hudson River was the right choice, however, he believed that the City should keep all of its options open. He said the City cannot afford to have another four years go by with no progress. He supported this resolution because it keeps the City’s options open. Mayor Michael Lenz said this issue had already been debated. He said the majority of the Council, at the December 2004 meeting, decided to support the regional solution. He reminded everyone that ten years ago, the City decided to sell 500,000 gallons per day to the Town of Wilton which equates to more than 180 million gallons per year. Subsequent to that it was lowered to 250,000 gallons per day but that still equates to 90 million gallons per year. The Council makes its decision based on the information provided by DPW. In May, Page 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 DPW said that the water capacity was sufficient, now there is another finding that there is not enough water. He wondered how the City could afford to sell 90 million gallons per year to the Town of Wilton if there was a problem. He said the exit 15 sprawl was created by the City’s decision to sell water to the Town of Wilton. The City needs a supplemental water source. The City should go with the county option once they have completed their SEQR process. He noted that the City has not agreed to purchase any predetermined amount of water from the county. The City has three water sources including Bog Meadow, Geyser Crest and Loughberry Lake. The County will provide a fourth option. The City needs a supplemental source. With the county option, if the City does not need the water, we will not buy it. If the City bonds for the lake alternative the residents will pay for it for 30 years. He did not support this motion. Commissioner Thomas McTygue said there are many people in the audience this evening who are not residents of the City. He is not looking for a supplemental water source. The 1980 report showed that the City needed short term improvements to the water system, but a long term water source needed to be identified. He does not want his family drinking water from the upper Hudson. It is filled with contaminates, acids, iron, etc. all from the IP mill. He is looking for a long term water source and not a supplemental source. If the City needs supplemental sources, a few wells would be dug. The City has three water sources at this time. The Geyser Crest wells accommodate Geyser Crest. Bog Meadow has limited capacity. If the City loses Loughberry Lake there would be a problem. The County has not had an open process on their proposal. There are accusations about law suits. If he based his decisions on whether there would be litigation, there would be no carousel in Congress Park. He said the City is currently fighting the Anderson litigation. He is not afraid of litigation. The City has already invested $750,000 in this project using the top engineers. He reminded everyone that these are just threats for litigation and before litigation can be brought, those individuals will need to hire their own attorneys and engineers to dispute the City’s claims. The City has done its homework. This is a $17 million project that the City will control. He asked what are the neighboring community’s concerns about their farmlands. He asked if they were concerned that they would no longer be able to have their manure and pesticides run into the lake. The accusations about recreation use are just scare tactics. He is willing to spend the City’s money to buy land on the lake so that there is a place for residents to go and swim. There is not one lake in New York State that is used as a water source that has restricted its recreational activity. The restrictions will come from the SLA or SLIPD. The City proposes to draw water from 40 feet below the surface. There are 26 million gallons of water that go into the Hudson River every day. He asked where is the data that shows that the lake will drop by one foot or more. It is simply propaganda. He reminded everyone that there were four republicans on the Council when the City voted to sell water to Wilton. He suggested that there be more conversations with Roy McDonald about intermunicipal cooperation. He asked how the Town of Saratoga planned to get water from the County proposal. Not one town has signed an agreement with the County. The County’s plan is all about the proposed chip plant in Malta. If the County wants to see sprawl, just wait until the chip plant is built. Why is Wilton not signed up for water? There is no business plan on how the county will pay for this proposal. It will likely be done through taxing everyone in the County. There is only one municipality in the County that has a distribution center and that is the City. If there are major storms the sediments will be stirred up in the Hudson River which will cause problems. Senator Bruno and Congressman Sweeney are pulling the strings at the County by dangling funds in front of the supervisors. He is thinking of the future of the City. He asked how long Council members would last at the table if they did not have an open process on this proposal. The County is not having an open process. The County representatives wrote the book on trickery. Approving this resolution this evening does not put a pipe in the ground. It only allows the City to obtain the permits. He wondered how Senator Bruno and Congressman Sweeney could offer funds to the county when the Hadlock dam recently collapsed and they could not fund that repair. He said they are willing to fund this proposal because it is their playground during the summer months. The County plan will cost more and in 15 years because they will need to run another transmission line at a cost of $35 million. They reduced the cost of the project by reducing the size of the pipe, but it will simply cost more when they need to install another line. He wondered why they were designing such a small facility. The County will sell this to the residents as a free lunch. The Council needs to move this process forward. Roll call vote: Commissioner Stephen Towne no Commissioner Matthew McCabe aye Page 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Commissioner Thomas McTygue aye Commissioner Thomas Curley aye Mayor Michael Lenz no Motion carried. Authorization for DPW to proceed with obtaining permits for a Water Source Development Project (05-215) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to adopt the following resolution: Resolution of the City Council for The City of Saratoga Springs Authorizing the City Department of Public Works to Proceed with Obtaining Permits for a Water Source Development Project WHEREAS, the City Council has completed the process of environmental review under the State Environmental Quality Review Act (ASEQRA@) and issued and Adopted a Findings Statement for the proposed Water Source Development Project (the “Project”) WHEREAS, the Project requires various permits and authorizations from State and Federal Agencies (as identified in the Findings Statement); WHEREAS, the City Council intends to authorize the Department of Public Works to proceed to obtain the permits and approvals necessary for the Project; WHEREAS, nothing in this authorization should be interpreted as authorizing the Project to proceed; WHEREAS, the City Council specifically notes that the Project may not proceed unless and until the City Council specifically authorizes such action; NOW, THEREFORE, BE IT RESOLVED, the City Council grants the limited authorization for DPW to proceed with making any and all applications necessary for the Project. Ayes: three (Commissioners Matthew McCabe, Thomas McTygue and Thomas Curley); Nays: two (Commissioner Stephen Towne and Mayor Michael Lenz). Motion carried. Retain the Services of Barton & Loguidice for the City’s Water Source Development Project (05-216) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to retain the services of Barton & Loguidice for the City’s Water Source Development Project. The funding will come from the City’s water budget. Ayes: three (Commissioners Matthew McCabe, Thomas McTygue and Thomas Curley); Nays: two (Commissioner Stephen Towne and Mayor Michael Lenz). Motion carried. Retain the Services of Young, Sommer, LLC, for the City’s Water Source Development Project (05-217) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to retain the services of Young Sommer, LLC for the City’s Water Source Development Project. The funding will come from the City’s water budget. Ayes: three (Commissioners Matthew McCabe, Thomas McTygue and Thomas Curley); Nays: two (Commissioner Stephen Towne and Mayor Michael Lenz). Motion carried. MAYOR=S OFFICE National Business Women’s Week Proclamation (05-218) Page 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Mayor Michael Lenz read the following proclamation: PROCLAMATION of the City of Saratoga Springs WHEREAS, throughout most of our nation's history, the contributions made by women in our workforce often went unrecognized. Today, however, 66 million American women work in all fields businesses and occupations, making invaluable contributions to our economy and to our daily lives and WHEREAS, women-owned businesses now account for 28 percent of all U.S. businesses, generating 1.15 trillion dollars in sales each year, and WHEREAS, for the past 77 years, Business and Professional Women/USA has been promoting National Business Women's Week, an annual event that promotes and encourages the participation and achievement of working women. Many local organizations are proud to be a part of this event, and members of those organizations meet regularly to improve conditions for all women of the workplace through advocacy, information and education, NOW THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to proclaim the week of October 17, 2005 to October 21, 2005 as National Business Women's Week in the City of Saratoga Springs, and to urge my fellow Saratogians to honor and appreciate the many contributions of business and professional women in our community. Telecommunications Legislation (05-219) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded the following resolution: A RESOLUTION IN SUPPORT OF TELECOMMUNICATIONS LEGISLATION MAINTAINING LOCAL REGULATION OF PUBLIC RIGHTS-OF-WAY WHEREAS, there has been proposed legislation, and is now, current consideration of changes in the Telecommunications Act of 1996, which would have the effect of abolishing or otherwise limiting a municipality from regulating its own public rights-of-way which includes the right to negotiate and execute franchise agreements with cable, telephone, and other communications entities seeking to use those public rights-of-way for profit: and WHEREAS, recently proposed changes in telecommunications legislation would likely have the effect of curtailing the protections currently offered to municipal citizens who rely upon the municipal government to manage public property for the health, safety and welfare of its citizens; and WHEREAS, local franchising regulations support the present practice of using franchise agreements to maintain and administer public rights-of-way and to fund the creation and maintenance of channels for public, educational, or governmental use; and WHEREAS, legislation abolishing local municipal franchising may constitute an unlawful “taking” of public property by private enterprises in concert with agencies of the United States Government; and WHEREAS, current regulation of public rights-of-way maintains a municipality’s inherent rights of zoning uses within its community regarding the placement of cellular towers; and WHEREAS, the pro-competition intentions of current and proposed legislation can be accomplished without the destruction or limitation of local authority to regulate public rights-of-way in the public interest; and WHEREAS, the current “safe haven” provisions of the Telecommunications Act of 1996 guarantee the inherent rights of local government to manage its public rights- Page 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 of-way, in recognition of the overriding concerns that local interests can be best served by local governments; and WHEREAS, there exists the potential for local governments to use existing and future telecommunications infrastructure located on public rights-of-way for broadband communication which would promote education, homeland security, and efficiency of government. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saratoga Springs to adopt the following: 1. The City Council of Saratoga Springs supports any legislation proposed in the Untied States Senate and House of Representatives which maintains municipal authority to regulate the use of its public rights-of-way, its rights to lease or otherwise extend franchise agreements to providers of cable, telephone, and other modes of communication, and the ability of local governments to utilize existing telecommunications infrastructure for broadband communications for the public good and opposes any legislation that abolishes or limits same. 2. The City Council of Saratoga Springs supports current legislation that allows individual States to regulate quality of service issues for telecommunications providers B and opposes any proposed changes that would disallow such regulation. 3. The City Council of Saratoga Springs supports current legislation that provides channels to local governments for public, educational, and governmental uses B and is in opposition to any legislation that in any way limits the direct or indirect funding for the creation, maintenance and operation of those channels. 4. The City Council of Saratoga Springs hereby authorizes the Mayor to take whatever steps he deems necessary to convey the subject matter of this Resolution to any representative or organization of State or Federal Government, specifically including the Senators and Representatives of the State of New York. The effective date of these regulations shall take effect upon publication. Ayes all. Field Organizer Report Jacki Pardon said she had misinformed Council members at the last Council meeting concerning the RFP on the telecommunications consultant in that it had not yet been distributed. She said it was her understanding that it would be out by the end of the week. She said it was helpful to meet with Council members on the Steve Pierce report. She said that the Council heard earlier this evening heard from the Police Department on the lack of laptop computers. She said issues such as those can be addressed through the media center project. She said the Inet system will address the streamlining of radios, telephones and computers. The report also addresses budgets and contracts of other communities. She noted that the City of Schenectady media center has a budget of $80,000 annually which is paid for through the franchise fee. The City of Lockport puts 100 percent of its access fees into their media center while the cable company adds an additional $365,000 for capital funds and free rent. Larchmont with 36,000 residents collects $690,000 for capital improvement funds from their cable company. In some communities, the school districts are becoming involved by allowing media centers to be constructed on school property. The City’s main leverage is the landlord/tenant relationship. If the City finds that the cable company is not performing, the City can opt to review the contract. She also noted that there is some pending legislation that could be detrimental to the City, therefore, the City needs to move quickly in order to be grandfathered. Railroad Run Extension Grant (05-220) Mayor Michael Lenz said on November 4, 2002, the Council authorized the submission of a grant to the NYS Office of Parks, Recreation and Historic Preservation for the extension of the Railroad Run Trail from New Street to the Spa State Park. The City received this $100,000 grant contingent upon providing proof that the Page 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 city owns the land on which the new trail would be constructed. With the recent transfer of the land from the YMCA, this contingency has now been met. The State has provided the City with a contract for this grant. This draft contract has been sent to all Council members. The Risk & Safety Manager and the City Attorney have reviewed the contract. This agreement calls for the State to give the City $100,000 and for the City to provide $31,350 of in-kind services. The various departments working on this project will provide these in- kinds services. The current plan calls for the trail extension to be designed this winter and constructed early next year. Therefore, Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign this contract. Ayes all. It was noted that the City’s obligations will be met through in-kind services. Subdivision regulations Mayor Michael Lenz said that the Planning Board distributed a revised set of subdivision regulations. They have worked with their consultants (The LA Group) over the last year to update and revise the City’s existing regulations that government the subdivision of land. The Planning Board, Office of the City Engineer, Department of Public Works and Department of Public Safety have extensively reviewed various drafts of these documents. The Planning Board has unanimously endorsed these amendments. They have requested that the Council hold a public hearing and vote to adopt the new amendments. Therefore, Mayor Michael Lenz set a public hearing for 6:45 p.m. on November 15 on these proposed amendments. Miller Mannix, Schachner & Hafner, Anderson Article 78 (05-221) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Miller, Mannix Schachner & Hafner regarding their representation of the City on the Anderson Article 78 litigation in an amount not to exceed $5,000. It was noted that the funds would come from the City’s self insurance fund. Ayes all. Design Contract for Recreation Facility Mayor Michael Lenz withdrew this item from discussion. ACCOUNTS DEPARTMENT Approval of October 4, 2005, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the October 4 meeting minutes. Ayes all. Approval of October 6, 2005, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the October 6 meeting minutes. Ayes all. Approval of October 11, 2005, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the October 11 meeting minutes. Ayes all. Voting Machine Instruction Contract with Saratoga Springs School District Page 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Commissioner Stephen Towne moved and Commissioner Thomas Curley 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 November 3 from 6:00 p.m. to 7:30 p.m. The contract has been reviewed by the Risk & Safety Manager and the City Attorney. Ayes all. Veteran Exemption Levels Commissioner Stephen Towne requested that a public hearing be set for Tuesday, November 1 at 6:55 p.m. on increasing the maximum allowable levels allowed by state law for veterans exemptions. Fleet Safety Program Amendment (05-222) Marilyn Rivers informed Council members that the DMV laws changed in September 2005 concerning conditional and restricted licenses. Therefore, the City’s policy needed to be modified. She also noted that there were some other minor changes. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to adopt the Fleet Safety Program as presented. Ayes all. FINANCE OFFICE Payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: October 7, 2005 - $365,100.89 and October 14, 2005 - $344,405.04 Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 10/18/05 2OCT05 $ 207,761.77 2005 mini warrant 10/12/05 MC1OCT05 $ 157,988.33 Ayes all. Transfers - payroll Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the payroll transfers as presented (Attachment A). Ayes all. Transfer - Social Security Lines Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the social security line transfers as presented (Attachment B). Ayes all. Transfer - regular Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the payroll transfers as presented (Attachment C). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented. (Attachment D). Ayes all. Page 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Shuttle 2006 Commissioner Matthew McCabe said that he was working on the shuttle for the upcoming Victorian Streetwalk and hoped for the same cooperation from NYRA as last year. He said he was also considering parking at the Weibel Avenue rink. He noted that the insurance documents were still in place. He said he would report on further progress. Sales Tax Commissioner Matthew McCabe said that year to date the City had been running about two percent higher than last year. He said the final collection for this year though received on October 12 was .93 percent lower than last year. Year to date the City has collected $5,467,858. In 2004 there was $5.5 million collected. There is still another distribution to arrive in mid February for this calendar year. He urged the Council to proceed with extreme caution. He said he would report back to the Council with further information as it becomes available. He noted that the revenues in the proposed budget may need to be adjusted. He reminded Council members that the Council has overestimated sales tax in some years. 2002 Capital Budget, Capital Reserve Funds (05-223) Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2002 capital budget capital reserve fund bookkeeping adjustment in the amount of $50,000. He noted that $50,000 had been included in the 2002 capital budget for the purchase of land on Gilbert Road, however, the transaction had not taken place. Therefore, the funds must be returned to the capital reserve fund. He said this is just a bookkeeping matter. Ayes all. Budget Workshop Schedule Commissioner Matthew McCabe said that budget workshops would be held on October 20, 6:00 p.m., October 25, 9:00 a.m., November 1, 6:00 p.m. and November 10, 9:00 a.m. It was agreed to start the meeting on October 20 at 5:30 a.m. for other matters. DEPARTMENT OF PUBLIC WORKS Tree Donation Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to accept the following donations: Oligney’s donated a Japanese lilac to the City valued at $150, Tom Roohan donated $1,000 toward the transplanting of two trees in Congress Park and the City also received a check in the amount of $5,000 from the Saratoga Foundation to be used towards the renovation of the Italian Gardens in Congress Park. Ayes all. Joint Meeting with City Council & Planning Board - water Mayor Michael Lenz said he would send a memo around later this week to coordinate a date for this meeting. Adopting SEQRA Findings on Water Source Development Project Previously discussed. Authorize DPW to Proceed with Obtaining Permits for Water Source Development Project Previously discussed. Retain services of Barton & Loguidice for Water Source Development Project Page 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 Previously discussed. Retain services of Young, Sommer, LLC for Water Source Development Project Previously discussed. The Skeptic LLC Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the contract with The Skeptic, LLC. Ayes all. It was noted that there were some remaining issues to be worked out with DPS on a separate contract for barricades. It was agreed this would be added to Thursday’s agenda. DEPARTMENT OF PUBLIC SAFETY Update on West Avenue Fire Station Commissioner Thomas Curley said that this project will begin construction in the early spring. They are currently awaiting specifications from the architect so that the project can be put out to bid. He said he would keep the Council updated on this project. Alternate Side Parking - Cottage Street (05-224) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to approve the alternate side parking on Cottage Street as follows: An Ordinance to Amend Chapter 2265 of the code of the City of Saratoga Springs, New York Entitled “Vehicle and Traffic” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York as follows: SECTION 1, Chapter 225 of the Code of the City of Saratoga Springs, New York entitled “Vehicle and Traffic,” is hereby amended as follows; A. SECTION 2256-94 is amended to add the following to Schedule XXIX: “Alternate Side of Street Parking”: Name of Street From To Tuesday, Thursday, Saturday Parking on Side Cottage Place Caroline StreetRegent Street West SECTION 2. This Ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all. SUPERVISORS Phil Klein said the County is entering its budget process. He said at the next Council meeting he would like to make a presentation on the County’s Open Space initiative. Commissioner Matthew McCabe said he was looking for more information on the OTB revenues. Phil Klein suggested that a letter be sent to him outlining exactly what Commissioner McCabe was seeking and then he Page 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 18, 2005 would get the numbers for him. Commissioner Matthew McCabe said there was some recent press coverage that OTB revenues were up more than $1 million. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Scott Kingsley, Saratoga Jaycees, said they would host a dinner on November 18 honoring outstanding Saratogians. The dinner will be at Lillians. He encouraged the Council to attend and to also nominate individuals. Macki Jackowitz, 481 Crescent Avenue, said she supported the Citizens for the Implementation of the Charter, as they are working diligently to see that the charter is fully implemented. She too encouraged the Council to move to the meetings to a larger location when they anticipated large crowds. Cheryl Keyrouse, said she was pleased that the Council approved the water source development permitting process. Jacki Pardon, Ten Springs Drive, said the Council should not approach Time Warner about wiring for the Music Hall. Commissioner Thomas McTygue said it had already been done. Kyle York, 59 Railroad Place, said that the Saratoga County Board of Supervisor operates much differently than the City. He said Ray Callanan, chair of the water committee was ill equipped to answer questions on the water matter. He said he was astounded that the committee is run with such incompetence. Mayor Michael Lenz closed the public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:15 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:15 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 14 of 14