City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, NOVEMBER 15, 2005 5:45 P.M. PRESENT: Commissioner Thomas Curley, DPS Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts PRESENT: Phil Klein, Supervisor ABSENT: Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Matthew Dorsey, City Attorney Alicia Farone, Deputy Mayor Debbie Harper, Deputy Commissioner, Accounts CALL TO ORDER Executive Session Mayor Michael Lenz called the meeting to order at 5:45 p.m. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 5:45 p.m. to discuss SLIPD litigation, Article 7 (Metzger, Decospa, Don Greene, Solomon Apts) and Land Acquisition. Ayes all. Council members returned at 6:30 p.m. Alternate Side Parking - Public Hearing Mayor Michael Lenz opened the public hearing. Commissioner Thomas Curley said this was a revision to Chapter 225 of the City Code for alternate side parking on Aqueduct Drive, Belmont Drive, Derby Road and Winners Circle. Vaughn Woodworth, 42 Preakness Way, President of The Springs HOA, said the HOA supports this proposed change and the HOA would pay for the new street signs. Commissioner Thomas McTygue asked if there had been any consideration given to not allowing parking on the streets during the winter months. He said it was a benefit to the residents if DPW could get in an out when plowing. With alternate side parking, the DPW trucks need to make a return trip. Vaughn Woodworth said the HOA could be in favor of no on street parking. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Local Law #6 - American Legion WASAD - Public Hearing Commissioner Thomas Curley said this local law was in connection with the American Legion and the West Avenue Special Assessment District fee. He said he had met with Jim Coyne, Tony Izzo and Matthew Jones on this matter. The proposed local law limits the amount to be paid by the American Legion and any other veterans organization under the WASAD at $150. Mayor Michael Lenz opened the public hearing Page 1 of 13 Matthew Jones said the WASAD Board supported this proposed local law amendment. Jim Coyne, 10 Knightway, representing the American Legion urged the Council to adopt this local law. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. Subdivision Regulations - Public Hearing Mayor Michael Lenz said this is a public hearing on a revised set of Subdivision Regulations. The Planning Board has worked with their consultants, The LA Group, over the last year to update and revise the City existing regulations that govern the subdivision of land. The Planning Board Office, of the City Engineer, Department of Public Works and Department of Public Safety, has extensively reviewed various drafts of this document. The following is a summary of the major changes: 1. Standards and submittal requirements for all subdivision applications have been updated and strengthened. 2. Provision has been made for applicants to choose a “concept plan” review and/or a “preliminary” approval prior to receiving final approval. 3. Procedures for financial securities have been updated to conform to the new policies recently developed by the Planning Board. 4. Standards for various types of street, use of cul-de-sacs, use of private streets and a new standard for alleys have been updated. 5. Storm water management standards have been revised for full compliance with recent state and federal regulations. 6. The regulations for taking recreation land or cash-in-lieu of land have been revised and the fee for the cash-in-lieu of land has been raised. Mayor Michael Lenz opened the public hearing. Lou Schneider, Planning Board, urged the Council to adopt the document. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. 2006 Budget - Public Hearing Mayor Michael Lenz opened the public hearing on the budget. Dawn Oesh, 147 Regent Street, owner of the Candy Gram and President of the DBA, said she was here this evening to discuss the parking issues in the downtown area. She said there is a problem in the downtown area for customer parking. She urged the Council to consider adding another parking enforcement officer. The two hour time limit for parking needs to be enforced. The DBA has printed maps identifying parking areas in the downtown area. She also asked that the text on the loading zone signs be changed. Andrew Brindisi, Vice President of the DBA, 384 Broadway, also supported more enforcement for parking. He said developers should be working with the City to identify parking when they develop a parcel. Mark Lawton, Saratoga Citizens for Affordable Taxes & the Committee for the Implementation of the Charter, thanked the Finance Department for a job well done on the budget. He said that a series of questions had been submitted to Finance and he hoped for answers. He said it had been quoted that approximately 97 percent of the budget was due to personnel, benefits, contracts, utilities, etc. He said since contracts for personnel have not yet been finalized, those numbers should be included in the budget. He said they also need to know what the 2005 surplus will be for prudent fiscal planning. He said he hoped for answers to his written questions before the adoption of the budget. Jacki Pardon, 11 Ten Springs Drive, League of Women Voters & Citizens for Community Media, said the proposed 2006 budget does not include any funding for the cable renewal process. She urged Council members to include funding. She also encouraged Council members to review their existing 2005 appropriations for remaining funds that could be used for the cable renewal process. Page 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Patty Garrett, 537 Union Avenue, League of Women Voters, favored the media center project. She urged the Council to fund this project. Roger Goldsmith, 10 Poe Road, Crafters Gallery, said he was here tonight on the downtown parking matter. It is of great concern to downtown merchants. More enforcement is needed. The downtown businesses need the support of the Council. Kathy Smith, Saratoga Arms, SAD Board, said they would like to see another full time, permanent parking enforcement officer position funded. This position is a revenue producer. Patrick Pipino, Ben & Jerrys, 28 Lexington Avenue, said he was here about the downtown parking. They need more enforcement. This is a revenue generating position. Tom Kent, 36 Patricia Lane, Saratoga Travel, encouraged the Council to fund another parking enforcement officer position. He also said that the snow needs to be removed as soon as possible. Joe Dalton, Chamber of Commerce, 14 Loughberry Road, said the downtown parking issue is critical for downtown businesses. He said parking decks are expensive and enforcement is what was really needed. The violators should be penalized. Parking enforcement officers are a revenue neutral operation. These positions will generate revenue. There have been many committees set up to review and discuss downtown parking but what is needed is enforcement. Commissioner Thomas McTygue said that he was willing to work with the Chamber and DPS on the parking issue. He said though that he did not believe that funding more positions was the answer. He said that better utilization of the existing personnel could be the answer. Joe Dalton said that could be the case and the Council should address that suggestion. He also said that if Commissioner Thomas McTygue thought that he could do a better job of utilizing the personnel then perhaps he could take over that operation. Commissioner Thomas McTygue said he was not in a position to take over the parking enforcement positions. He said though that with a new Commissioner there could be some discussions. Commissioner Thomas Curley said the temporary parking enforcement officer position will be funded until the money runs out. Carrie Woerner, Executive Director SSPF, thanked the City for their past and future support of the SSPF. She said there has been a good partnership developed between the City and the SSPF in applying for grants for the Casino and west side neighborhood buildings and she appreciated the spirit of cooperation. Elizabeth Hart, 256 Grand Avenue, asked the Council to support the addition of a parking enforcement officer and snow removal in a timely manner. Jay Verro, 33 Evergreen Drive, commended Council members for their work on the budget. He said he appreciated their work and thanked them for their forethought and fiscal conservativeness. Jim Cornick, Police Department, said he understood that the budget process is difficult but his department is in a difficult position with the proposed budget. He said some of the additional requests have been honored, however, there were still some lines that need funding. He reviewed with Council members their line items over the recent years, noting the elimination, reductions, increases. He noted that two thirds of the lines have been decreased since 2002. He reminded Council members that the grants that the Police Department has received in the past are decreasing. Those grants have sustained the Police Department but now the City will need to cover those losses. They need a new police facility and radio system as well. John Kraus, 227 Grand Avenue, commended the Finance Department for arriving at a budget at $4.70 per thousand. He congratulated the Finance Department for achieving that goal. Page 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Commissioner Matthew McCabe said that he did not want to close the public hearing tonight on the budget. He wanted to give the public the opportunity to continue to address the budget. He said this budget is a starting point for the Council. He said he understood the argument for an additional parking enforcement officer but the proposed budget does not include funding for a full time parking enforcement officer but does include funding for a part time position. He was happy with the tax rate, he was unhappy that there was not a pot of gold at the end of the rainbow. He would request a vote on the budget this evening. Commissioner Thomas McTygue said each and every snow storm is different, which in turn impacts snow removal. He reminded business owners that the sidewalks are the responsibility of the property owners. The City will plow off the heavy snow, however, it was up to the property owners for the rest. He reminded downtown business owners that DPW goes to great lengths to remove the snow from the downtown area. He said he understood that the downtown businesses are competing with the mall. He again said that better utilization of parking enforcement officers was the solution. There being no one else wishing to speak, the public hearing was closed for this evening but continued to the following meeting. Media Center Project Commissioner Thomas McTygue said he had found $15,000 in his budget for the media center project. Public Comment Period Mayor Michael Lenz opened the public comment period. There being no one wishing to speak, Mayor Michael Lenz closed the public comment period. Land Acquisition - Saratoga Lake Water Front (2005-230) Mayor Michael Lenz said that at a previous meeting the Council authorized the Mayor to sign a letter of intent to purchase the waterfront property on Crescent Avenue. It is a 4.2 acre parcel with a waterfront restaurant. There is a total of 335 linear feet of shoreline with direct access to the lake. It could be used for recreation use for public waterfront access. There is almost no public access along the Saratoga Lake shore. He said that the purchase of waterfront property has been recommended by several committees. This land meets the criteria to be purchased under the open space bond act. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a contract to purchase the water front property on Crescent Avenue for $2 million contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. Council members all agreed this was an opportunity not to be missed. Article 7 Metzger, Decospa, Don Greene/Solomon Apartments (2005-231) Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the adjustments to the following Article 7 cases: Decospa at $400,000 and $425,000 for 2004 & 2005; Metgzer at $4 million for 2004 & 2005; Stepping Stone at $1,320,000 and $1,249,000 for 2004 & 2005; Don Greene at $3,595,000 for 2004 and $100,000 for 2005 and Solomon Apartments at $3,495,000. The total amount to the refunds are $13,718 which will be paid from his department. Ayes all. Commissioner Stephen Towne announced the withdrawal of the Golub 2004 & 2005 certioriari matters for Railroad Place. He said that over the last three years, 30 lawsuits have been settled with 16 of those having been dismissed or withdrawn .. ACCOUNTS DEPARTMENT Page 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Empire Zone Boundary Revision Resolution (2005-228) Shelby Schneider, SEDC, said this resolution was to formalize the Council’s request made in March to include the YMCA and to remove any unusable acreage. She said the resolution itself was lengthy and complicated, but it describes all of the parcels in detail. She said this resolution will allow the YMCA the opportunity to apply for special tax credits. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded the following resolution: RESOLUTION SUPPORTING AND CONCURRING WITH SARATOGA COUNTY=S APPLICATION FOR EMPIRE ZONE BOUNDARY REVISION WHEREAS, New York State has created the Empire Zone program to encourage industrial and commercial development in selected municipalities including Saratoga County; and WHEREAS, Saratoga County received designation of an Empire Zone pursuant to New York State General Municipal Law ' 958 8 on December 18, 2001; and WHEREAS, Saratoga County intends to authorize the submission of an application for the revision of areas within Saratoga County as an Empire Zone; and WHEREAS, the County of Saratoga wishes to designate certain areas within the City of Saratoga Springs as part of the proposed Empire Zone so as to encourage industrial and commercial development and to allow for the creation of an additional sub-zone in the City of Saratoga Springs; and WHEREAS, the City of Saratoga Springs is desirous of working with Saratoga County through the Empire Zone Program to provide enhanced job opportunities for its residents. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, that it fully supports and concurs with the County’s actions to authorize and submit an application for a revision of the boundaries of the Saratoga County Empire Zone. BE IT FURTHER RESOLVED, that the revisions to the Saratoga County Local Law 2 - 2003 authorizing the revision to the Saratoga County Empire Zone include the following property descriptions for areas in the City of Saratoga Springs. A detailed description of the revisions was presented. Ayes all. DEPARTMENT OF PUBLIC SAFETY Local Law #6 2005 - American Legion WASAD (2005-232) Commissioner Thomas Curley moved and Mayor Michael Lenz seconded to adopt Local Law #6 of 2005 which amends Local Law #1 of 2000 entitled “Limitations on Assessments for Residential Uses”. Ayes all. Alternate Side Parking - Belmont, Preakness, Winners Circle (2005-233) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to adopt Chapter 225 of the Code of the City of Saratoga Springs entitled Vehicle and Traffic for alternate side parking on Aqueduct Drive, Belmont Drive, Derby Road and Winners Circle. Ayes all. MAYOR=S OFFICE Executive Session Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn to executive session at 7:45 p.m. to discuss the Anderson litigation, CSEA contract, Police Administrators & Lieutenants contract and Moore Litigation. Ayes all. Council members returned at 8:30 p.m. Page 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Moore Litigation Mayor Michael Lenz reported that no action was taken on the Moore litigation. Police Administrators & Lieutenants Contract (2005-234) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve the Police Administrators and Lieutenants contracts. Ayes all. Anderson Litigation Mayor Michael Lenz reported that no action was taken. CSEA Contract Mayor Michael Lenz reported that no action was taken. MAYOR=S OFFICE National Family Week Proclamation (2005-235) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs WHEREAS, a family is a group of persons who care about each other. As simple and decent as that concept may sound, it remains a fundamental part of our national character. All our American ideals of freedom, law, respect, and responsibility are influenced and strengthened by American families, and WHEREAS, during the week of November 20-26, 2005, thousands of Americans will participate in National Family Week, an annual event coordinated by the alliance for Children and Families and local member agencies including this Northeast Parent and Child Society. Families in hundreds of cities, towns, and villages across our nation will be celebrating the many community connections that support and strengthen the family unit and help our children to be happy, healthy and secure, NOW, THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to proclaim the week of November 20-26, 2005 as NATIONAL FAMILY WEEK in the City of Saratoga Springs, and urge my fellow Saratogians to take time to reflect and appreciate the many joys of family and community. Salvation Army Proclamation (2005-236) Mayor Michael Lenz read the following proclamation: A Proclamation of the City of Saratoga Springs WHEREAS, for many decades the charitable and humanitarian work of The Salvation Army has been both a part of our lives and a part of Americana. While the Army's work in helping people with their material, emotional and spiritual needs is evident year round, certainly its most familiar image comes to us at Christmastime, and WHEREAS, in these times when so many commercial images prevail during the holiday season, The Salvation Army continues to inspire us with its venerable red kettle, its band, its ringing bell, and its timeless appeal to care for and care about our fellow human beings, NOW THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to proclaim the weeks of November 16, 2005 to December 24, 2005 as RED KETTLE CAMPAIGN DAYS Page 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 in the City of Saratoga Springs, and urge my fellow Saratogians to contribute generously during this season of giving and goodwill. Behan Planning Contract (2005-237) Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the contract, as presented, between the City and Behan Planning Associates in the amount of $24,000 for their services. The funds will come from the open space bond act. Ayes all. Ethier Zoning Amendment Mayor Michael Lenz said the City had received a petition from Stephen Ethier for zoning map amendments at 166 Jefferson Street. This proposal is to change the classification of .75 acres from Urban Residential-2 (single family homes) to Urban Residential-1 (multi-family). The Council needs to decide 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 to send it to the City Planning Board for an advisory opinion. Kristine Healy submitted a letter from the Jefferson Street Neighborhood Association concerning this proposal. She said at this time they are not prepared to make a statement regarding the 166 Jefferson street parcel, however, they have supported Stephen Ethier’s projects in the past. They have not supported the Jelenik proposal. Commissioner Stephen Towne suggested that there be a formal presentation of this project to the Jefferson Street Neighborhood Association. Stephen Ethier said he would be glad to work with that association. Ayes all. Special Assessment District Appointments (2005-238) Mayor Michael Lenz appointed Ray Morris and Jim Grande to the Special Assessment District. Subdivision Regulations (2005-239) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to issue a negative SEQR determination and adopt the Subdivision Regulations as presented. Commissioner Matthew McCabe expressed some concern with adopting the regulations without fully addressing the fee schedule. He said he wanted to be sure that the fees were addressed in a timely fashion to offset the expenses. Geoff Bornemann said the fees are included in the regulations and it requires Council action to modify those fees. The fees can be changed at any time. He said the Planning Board does not want the regulations to be held up any longer, therefore, they recommend that the regulations be adopted at presented. Commissioner Matthew McCabe questioned the storm water basin fee schedules and how they compare with the Town of Wilton. Geoff Bornemann said that the City is ahead of the curve on that matter. He said the City discourages storm water basins. The City prefers to recharge storm water. Commissioner Matthew McCabe asked about the recreation fee. Geoff Bornemann said the City can collect 10 percent of the land or cash-in-lieu of land for recreational purposes. Currently the cash-in-lieu of land is at $800 per newly created lot, which does not include commercial subdivisions. The new fee will be at $1,500. Those funds go into a special recreation line item to be used for recreational purposes. Ayes all. Page 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 ZBA Rules & Regulations (2005-240) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adopt the revised ZBA Rules and Regulations as submitted. Commissioner Stephen Towne asked about the regulation which allows applicants to withdraw their application only if the Board allows the applicant to do so. Brad Birge said that applications go through an extensive review process. The Board wants to balance accommodating the applicant with preventing abuse of the review process. He said there was recently an instance where the Board wanted to rule on a case, however, the applicant wanted to withdraw. There needs to be more clarity on preventing abuse of the review process. Commissioner Stephen Towne asked how this differed from postponements. Brad Birge said postponements are generally granted. Chris Mathiesen said postponements are at the chair’s discretion. He said that the chair is very fair and flexible when it comes to postponements. Ayes all. Levinsky Easement Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the easement for 20 Circular Street to allow the proposed expansion of an existing porch to encroach 2 feet, 10 inches beyond the property line into Whitney Place. Commissioner Thomas McTygue said this is a violation of the charter. He said DPW has not agreed to this encroachment. He suggested that the applicant appear before the ZBA to request a variance. He said this was just another attempt for this applicant to expand his property. Commissioner Thomas McTygue said the applicant was just trying to find a way to “back door” this project. Geoff Bornemann said the applicant will need to appear before both the Zoning Board of Appeals and the Design Review Commission. He said though that neither Board has any jurisdiction over projects located within the right of way. Mayor Michael Lenz asked if it was proper to grant the easement first or to appear before the Boards first. Geoff Bornemann said that was a Council decision. He said the Boards could review the project if the project does not extend into the right of way. Bill McTygue said the City does not allow encroachments created by new construction. Commissioner Stephen Towne said because it hasn’t been done this way before did not mean that it shouldn’t be. The process is confusing. He suggested that the Boards review the project and then bring it back to the Council. The Council should be the last entity to review the project. Mayor Michael Lenz suggested that the applicant be encouraged to appear before the Boards before seeking the encroachment from the Council. ACCOUNTS DEPARTMENT Approve of November 1, 2005, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the November 1, 2005, meeting minutes with a minor correction. Ayes all. Demonstration, Special Events, Parade, Temporary Structure & Noise Ordinances Page 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Commissioner Stephen Towne said that more than six months ago, he appointed a broad based committee to review the Public Assemblage Ordinance. Members of that committee include: Beau Breslin, (Professor at Skidmore), Lori Dawson (League of Women Voters & Peace Alliance), Lynn Bachner (Finance), Sgt. Jack King (Police Dept.), Marilyn Rivers (Risk & Safety Manager), Tony Izzo (Assistant City Attorney) Professor Stephen Gottlieb, Albany Law School Professor and head of the New York Civil Liberties Union. The committee was charged with reviewing the public assemblage ordinance specifically to address demonstrations as well as to make the ordinance more user friendly. During the review process, the committee members found that the Noise and Parade Ordinances overlapped with the Public Assemblage Ordinance, therefore, they took on the review of those two ordinances as well. In an attempt to clarify and to make the permitting process more user friendly, the committee determined that the Public Assemblage Ordinance needed to be broken out three separate ordinances -- Demonstration, Temporary Structure & Special Events. Commissioner Stephen Towne requested to set a public hearing at 6:45 p.m. on December 6 on all five ordinances. The ordinances will be distributed to Council members before that public hearing. Vendor Code of Conduct (2005-241) Under the most recent audit performed by Bollam, Sheedy & Torani, it was recommended in their management letter that a Vendor Code of Conduct be developed. My department undertook that responsibility and crafted the Vendor Code of Conduct which was distributed with the preliminary agenda. It is my intention that the Vendor Code of Conduct will be disseminated to vendors through the bid/rfp process and the purchase order process. Vendors will be asked to sign the code of conduct and return it to the Purchasing Department. The Code of Conduct has been reviewed by the City Attorney, Risk & Safety Manager and the Board of Ethics. Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to adopt the Vendor Code of Conduct as presented. Ayes all. Empire Zone Boundary Revision Resolution Previously discussed. LGRMIF Grant Proposals for 2006 (2005-242) Commissioner Stephen Towne said that the first request is for $16,512 to upgrade the City’s off-site Records Storage rooms for the storage and disposition of the City’s inactive records. Funds are being requested for a heavy duty shredder, 40 units of standard 12-gauge open steel shelving; two steel fire-rated doors with frames and hardware, a part time clerk, a step ladder and records utility cart. The second request is for $27,654.46 to digitize City maps and plans. Funding is being requested for a plotter, a server, battery backup, a field laptop, and a person to work full time for the project year to scan and index these maps. The application deadline is December 1, 2005 and the project period is August 1, 2006 through July 31, 2007. Both of these grants are non-matching, competitive grant. The grant award notification is expected to be announced in July 2006. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign two grant applications to the State Archives and Records Administration Local Government Record Management Improvement Fund. Ayes all. FINANCE OFFICE Payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: November 4, 2005 - $345,821.17 and November 11, 2005 - $375,299.49. Ayes all. Warrants Page 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the following warrants: 2005 regular warrant 11/15/052NOV05 $ 359,533.49 2005 mini warrant 11/09/05MC1NOV05 $1,100,392.55 Ayes all. Transfers - payroll Commissioner Matthew McCabe moved and Commissioner Thomas McTygue 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. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented. (Attachment C). Ayes all. 2006 Budget (2005-243) Commissioner Matthew McCabe summarized the changes to the proposed budget. Mayor’s office: total increase to the Mayor Office was $20,500; Finance Department: the total increase to the Finance Department was $31,050 (postage, professional services and new city owned parcels) DPW: total increase to DPW was $27,400 (overtime, liability insurance, tipping fees) DPW: total increase to DPS was $18,472 (equipment and hardware) Accounts: total decrease to the Accounts Department was $73,150 (decrease from certiorari cases, grant writer removed, increases to equipment/office supplies) Recreation: total decrease $20,940 (part time clerk and part time typist, salary incentive, social security line correction, summary parking program, soccer programs). New position for interactive play fountains not included. Health Insurance: Estimated $251,504 decrease DPS: Cops & School Program both expense and revenue lines have been reconciled at $40,000 Fund Balance - decreased by $250,000,unreserved, unappropriated balance Sales Tax: decrease of $150,000 for a total amount of $8.35 million OTB Revenue: increase of $50,000 Commissioner Matthew McCabe informed the Council of the following: Preliminary budget of $32,282,564 Total Revenues: $20,454,932 Tax Levy: $11,836,632 Combined Tax Levy: $13,171,632 Combined tax levy increase: zero Inside District tax rate: $4.73 Outside District tax rate: $4.71 Increase/decrease to taxes paid: 0.063 percent $324,000 house assessed value: $0.96 more in 2006 than 2005 Commissioner Matthew McCabe said this has been a lengthy, thorough process beginning with the call letter on June 30, two public hearings and five budget workshops. Page 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Therefore, Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to adopt the budget as presented. Commissioner Stephen Towne said the commitment of a zero impact to residents was shared by all Council members. He said he was comfortable that line items had been sufficiently funded. He thanked Commissioners Matthew McCabe and Deputy Commissioner Lynn Bachner on developing this budget. He said it was difficult to balance the requests with what the City can afford to fund. Ayes all. Sales Tax Exemption (2005-244) Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded that the City not participate in the State’s year round exemption program and that we take no action. Ayes all. Exact Software Contract Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Exact Software in connection with the E-Government software in the amount of $2,483.50. The funding is within the Accounts Department grant line. Ayes all. Xonitek Systems Contract Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Xonitek for the E-Government software in the amount of $2,483.50. The funding is within the Accounts Department grant line. Ayes all. Adirondack Trust Company Facsimile Signature Resolution (2005-229) Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to adopt the following resolution: BE IT RESOLVED, that the Adirondack Trust Company of Saratoga Springs, New York be and it is hereby authorized and directed to honor as genuine and authorized instruments of any and all checks, drafts and/or other orders for the payment of money drawn in the name of bearing or purporting to bear the facsimile signature (s) of any of the following: MATTHEW MCCABE Regardless of by whom or by what means the actual or purported facsimile signature thereon may have been affixed thereto. BE IT FURTHER RESOLVED, that the City of Saratoga Springs assumes full responsibility for any and all payments made by said Adirondack Trust Company of Saratoga Springs, in reliance upon the actual or purported facsimile signature of any person or persons named in the foregoing resolution and agrees to indemnify and hold harmless the said Adirondack Trust Company of Saratoga Springs against any and all loss, cost, damage or expense suffered or incurred by said Adirondack Trust Company arising out of the misuse or unlawful or unauthorized use by any person of such facsimile signature, regardless of by whom or by what means the actual or purported facsimile signature thereon may have been affixed thereto and also agrees to indemnify and hold said Adirondack Trust Company of Saratoga Springs harmless of any form all claims arising out of forged endorsements to checks, drafts and/or orders for the payment of money signed by a facsimile signature machine or device while it is in the hands of a thief or other unauthorized person. Adirondack Trust Company of Saratoga Springs shall also Page 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 have all protection against forged endorsements granted to it by New York State Uniform Commercial Code Section 3-405. FURTHER RESOLVED, the Commissioner of Finance of the City of Saratoga Springs be and he hereby is authorized and directed to deliver to the said Adirondack Trust Company of Saratoga Springs specimens of the facsimile signatures(s) of the person(s) above named. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Saratoga Springs this ___ day of ____, ___. Ayes all. Third Quarter Financial Report Commissioner Matthew McCabe said the third quarter financial report was submitted to the City Clerk’s office and is available for review. Internal Audit - Recreation Department Commissioner Matthew McCabe reported that the internal audit for the recreation department had been completed and is available for review. Revenue Commissioner Matthew McCabe said there had been some issues between the City and DOT on the West Avenue project with DOT believing that the City still owed them approximately $420,000 on that project. As a result, DOT had been holding up the City’s Chips funding of nearly $365,000. Director of Finance Christine Gillmett-Brown recently had some discussions with DOT and it was determined in those discussions that order on contract number 7 will be reduced to $86,000. In addition, the City was required to cover the state’s 15 percent share of the project and was to be reimbursed by the state. Those reimbursements did not occur. The City is carrying an accounts receivable on the capital fund books due from the state for about $700,000. The accounts receivable will be offset by the $86,000 and instead of sending the state a payment, the City will receive from the state approximately $600,000. The exact details are being worked out and he was hopeful that the funds would be received by the end of the year. He said it was important to note that this is a balance sheet correction and not a new revenue source. He thanked Director of Finance Christine Gillmett-Brown for a job well done. DEPARTMENT OF PUBLIC WORKS Interlaken Permit Commissioner Thomas McTygue announced that the City had received the permit from DEC for the Interlaken Water System. He further noted that the closing on the property should occur by the end of the month. Kenneth Merchant Contract Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign a contract with Kenneth Merchant in the amount of $4,600 to construct a small retaining wall at the corner of Newton Avenue and Division Street. The money is in the Washington Street Drainage capital account. Ayes all. DEPARTMENT OF PUBLIC SAFETY Local Law #6 of 2005 - American Legion WASAD (2005-232) Previously discussed. Page 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 15, 2005 Alternate Side Parking Previously discussed. Alternate Side Parking - Beekman Street Commissioner Thomas Curley requested that a public hearing be set for the December 20, at 6:55 p.m. Council meeting for alternate side parking on Beekman Street. Moore Litigation Previously discussed. SUPERVISORS Nothing at this time. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Mark Lawton asked if the debt service budget had been included in the comprehensive budget. Deputy Commissioner Lynn Bachner said yes. Mark Lawton said short term borrowing should also be included. There being no one else wishing to speak, Mayor Michael Lenz closed the public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Stephen Towne 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 13 of 13