City Council

City of Saratoga Springs City Council Meeting Minutes Monday, May 15, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL WORKSHOP MEETING CITY COUNCIL ROOM MONDAY, MAY 15, 2006 9:50 A.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Joanne Yepsen Cheryl Keyrouse STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 9:50 a.m. MAYOR’S OFFICE Nothing. ACCOUNTS DEPARTMENT Nothing. FINANCE DEPARTMENT Nothing. DEPARTMENT OF PUBLIC WORKS Resolution – Saratoga County Law and Finance Committee There was some confusion on what resolution was proposed. Commissioner Thomas McTygue presented a resolution which was distributed on Friday, May 12. Commissioner Matthew McCabe said he supported the concept of not using $15 million of taxpayers’ money to fund the Saratoga County water project, however, he believed that the resolution presented by Commissioner Thomas McTygue had many misstatements and a lot of opinion. He then presented a revised resolution. Commissioner Thomas McTygue requested an executive session. Michael Englert, City Attorney said discussion on policy was not a topic for executive session. Tony Izzo, Assistant City Attorney said that topics for executive session include: personnel, contract negotiations and 1 City of Saratoga Springs City Council Meeting Minutes Monday, May 15, 2006 litigation (which included pending litigation). There was some agreement that if Commissioner Thomas McTygue believed that this resolution would lead to litigation, then perhaps it could fall under executive session. After some discussion, Council members agreed not to go into executive session. RECESS Council members agreed to recess the meeting at 10:00 a.m. Council members returned at 10:10 a.m. DEPARTMENT OF PUBLIC WORKS Resolution – Saratoga County Law and Finance Committee (06-94) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded the following resolution: Resolution WHEREAS, on Wednesday, May 10, 2006, the Law and Finance Committee of the Saratoga County Board of Supervisors voted unanimously to make an interest free ten year loan of 15 million dollars to the Saratoga County Water authority to subsidize the County’s proposed Hudson River Water Supply Project (Project); and WHEREAS, the interest-free 15 million dollar loan would come from the taxpayer funds in the present County surplus which is held in trust for the benefit of Saratoga County residents WHEREAS, the County is actually granting more than a 30 million dollar loan from these taxpayer funds when the lost interest is taken into account WHEREAS, the County has not developed a viable plan for financing the project WHEREAS, based on the County’s own cost and user analysis, even with the 15 million dollar interest-free loan, the project will lose money – threatening users and County taxpayers with exorbitant water rates or tax increases to make up the projected long-term annual shortfalls. WHEREAS, the County will violate state law if it commits to making the interest-free 15 million dollar loan before it has undertaken and completed the public reviews of the Project and the associated loan and has allowed for public comment on its plans, as required by the State Environmental Quality Review Act (SEQRA). WHEREAS, by its unilateral action and violation of SEQRA and the Principals of Open Government, the County is cutting off the legal rights of County residents, taxpayers and communities to review and comment on these critical funding and Project decisions, which threaten to waste sorely-needed taxpayer funds, increase water rates, raise taxes and degrade the quality of life in the County for years to come. WHEREAS, for many months this Council has heard strong and increasing public opposition to the County Project and the County’s decision-making process. These comments from residents of Saratoga Springs and the communities have rightly questioned the need for an ever-increasing expense of, this over 100 million dollar project, which presently has only a few prospective users who can all get cheaper water elsewhere. These residents and taxpayers have also rightly questioned 2 City of Saratoga Springs City Council Meeting Minutes Monday, May 15, 2006 the County’s approach to decision-making on the Project and expenditures, which appear to be foregone conclusions, with public involvement and comment being treated as a rushed and irrelevant afterthought. WHEREAS, the matter is now scheduled to be placed before the Board of Supervisors for their final vote tomorrow, May 16,2006; and NOW, THEREFORE, BE ITS RESOLVED, as follows: 1. This City Council opposes the recommendation of the Law and Finance Committee to make a ten year, 15 million dollar interest free loan from taxpayer funds to the Saratoga County Water Authority to support the proposed Hudson River Water Supply Project. 2. The City Council urges the County Board of Supervisors to reject its recommendation. 3. The City Council urges the County Board of Supervisors to comply with the strict requirements of SEQRA by deferring decision- making on the project and funding until it has heard comments from the public and has completed the required public review process. 4. The City Council urges the County Board of Supervisors to defer any decision on the Project or funding until such time as it can demonstrate to the public that it has sufficient user commitments to support the over 100 million dollar project such that the Project will not result in exorbitant user costs or increases in County taxes. 5. The City Council urges the County Board of Supervisors to defer any decision on the interest-free 15 million dollar loan until such time as it has consulted with Saratoga County communities and taxpayers to confirm that this is the best use of these sorely- needed taxpayer funds, which are held in trust for the benefit of the residents of the County. 6. A copy of the resolution should be forwarded today to the Clerk of the County Board of Supervisors. Commissioner Matthew McCabe said the real focus of this resolution was the proposed $15 million expenditure. It was a gross misuse of taxpayer’s money. That kind of expenditure should benefit all County taxpayers on matters such as health, transportation, energy and environment. Commissioner John Franck said property tax relief should also be included. Supervisor Joanne Yepsen said while the City’s resolution uses the dollar amount of $100 million for the water project, the County uses the figure of $75 million. Commissioner Thomas McTygue said that may be true, however, the County did not take into consideration in their budget that they extended the water line by an additional mile. Supervisor Joanne Yepsen said the County’s resolution does include a statement that the 3.65 mgpd minimum purchase is part of the criteria for the $15 million loan. Supervisor Cheryl Keyrouse said while it would be helpful to have the SEQR process finalized before the County voted on this resolution, it is not required by law to hold a final public hearing before the FEIS is adopted. Mayor Valerie Keehn said the Council could discuss numbers and opinions all day, however, the focus of the resolution was the six points. She then asked for a vote. Ayes all. 3 City of Saratoga Springs City Council Meeting Minutes Monday, May 15, 2006 ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to adjourn the meeting at 10:20 a.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:20 a.m. Respectfully submitted, Kathy Moran Clerk Approved: 4