City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, OCTOBER 16, 2007 6:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Mayor Valerie Keehn reminded the audience that the city council meeting can be viewed live on the computer by going to the city’s website, click on the link to the webcast and then click the big yellow button to start. PUBLIC HEARING Comprehensive Budget 2008 Mayor Valerie Keehn opened the public hearing on the City’s 2008 comprehensive budget. She said that copies of the budget are available for members of the audience. Commissioner McCabe said that the copies of the City’s proposed 2008 comprehensive budget are available for public scrutiny in the Department of Accounts, at the Public Library and on the City website and in the Finance office. He said this is the first of two public hearings required by the City Charter, and although this public hearing will be closed tonight, the second public hearing will be set later this evening and will remain open throughout the rest of the budget process. The next budget workshops are Wednesday October 17 at noon, Tuesday, October 23 at 6 PM; Monday October 29 at 9:30 a.m. and Thursday, November 1 at 6:30 pm. Commissioner Matthew McCabe said that the budget workshop on October 29 will include a 30 to 45 minute presentation by the City’s internal auditors, Bollam, Sheedy, Torani & Co. on the 2006 audited Financial statements. John Kraus, 227 Grand Avenue said that the last budget workshop was very enlightening and the best budget workshop he has attended in the four years he has been coming to the meetings. He said new ideas were exchanged and discussed with an open dialogue as the Council was examining the bigger picture regarding the budget, including sales tax revenue, the need to fill the missing line on the capital budget and it was heartening to see the council work together as a governing group, and he proceeded to summarize the ideas that were discussed at the last budget workshop. He believes the Woodlawn Avenue lease-buy-back public safety facility proposal is the best because the annual cost of $1.4m is doable; it is city-owned land; the project includes 500 parking spaces; the location is central and level; the traffic issue could be mitigated with a signal light; the lease buy-back approach is faster to complete and the process approval should be smoother and it avoids the debt ceiling and leaves room to do some bonding for some DPW projects in 2008 and in 2009. The parking garage in this project might eliminate the need for the parking garage proposed for the 2010 capital budget. He said this would keep the High Rock site available for other development by the private sector. He distributed three separate charts to each Council member and reviewed each page of the handout. He said the total expenses for all departments in the proposed 2008 comprehensive budget show a 6.7% increase over the 2007 budget but the revenues only increase 4.8% and this increases the net tax levy. He recommended that the City Council determine what would be an acceptable tax rate and set that as a target to help finalize the budget and discussed different scenarios accordingly. City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Patricia Reed, 12 Clubhouse Drive encouraged the elected officials of the City of Saratoga Springs to endorse federal legislation HR-676 which provides for single-payer universal healthcare, referred to in the media as Medicare for all. She said the City of Saratoga Springs will spend approximately 14% of its budget on health care and Saratoga County will spend approximately 70% of its tax levy for healthcare costs. She referred to an editorial in the Saratogian on June 24 that stated the City benefit system is out of control, and healthcare costs are a major part of that system. The legislation for single-payer universal health care is being widely endorsed throughout the nation by individuals, healthcare providers, organizations, labor unions and legislative bodies; 8 counties in New York including Albany and Rensselaer have issued supporting resolutions, and the Saratoga County public health committee will be examining this issue soon. She said employers would no longer have to pay for medical care as part of a comprehensive package; nationally, most businesses are losing their competitive edge due to the burden of healthcare costs, but single payer universal healthcare lowers administrative costs and removes the for-profit sector in healthcare, saving billions of dollars annually with provisions for coverage for all Americans; it would reduce taxes, be good for business and the public wants it. She distributed literature to the council and asked them to consider approving a resolution of support. Mayor Keehn said that although supporting resolutions are administrative they send a significant message to state and national officials when issued in numbers; a workshop might help the Commissioners learn more about the program. Sally Kirouac, 21 Horseshoe Drive said about 25% of the houses in her development, Saratoga Village, have year-round water problems and run sump pumps continuously, and last Spring more than 75% of the houses had wet basements and most were recycling water from their basement into the street for weeks. She said that Horseshoe Drive has often flooded up to the front porches and the water often overruns the curbs. Anyone purchasing a house in a Saratoga Springs development should be able to expect that adequate infrastructure is provided, but this is not the case in the Saratoga Village. Phase 1 was approved in June of 1966 and water was encountered when some of the basements were dug; in the 1960’s a USDA soil survey stated that the land had “very limited potential for development of homes with basements” but regardless, the development was approved without special provisions for water drainage. Perforated pipe runs down the center of the street into a small holding area at the end of Horseshoe Drive and a twelve-inch pipe runs into an eight-inch storm sewer line on Vanderbilt Avenue that appears to be an angle causing water to run back into the village. She said buyers within the development are stuck, but this is an old problem that gets worse with continued new development and it is time to alleviate the infrastructure problems at this end of town. She asked the City Council to approve proposed funding for the new storm sewers for Vanderbilt Avenue, and to issue a moratorium on development at the City’s south end until the infrastructure problems are addressed. Commissioner Thomas McTygue said he voted against the proposal when it came before the City Council because of the infrastructure problems. He said they have been trying to get this project funded for twenty years and it is unfortunate that the residents purchased homes with the water problems described and the first contract was approved a few weeks ago. He said the drainage plan is already prepared and has been submitted as part of the capital budget and he urged the City Council to support the project. He said the subdivision should never have been approved. Mayor Valerie Keehn said there are three drainage/sewer/infrastructure projects that are a high priority in the 2008 capital budget including the southeast storm drainage improvement, the Jefferson Street sanitary sewer infrastructure, and the Vanderbilt Avenue storm drainage infrastructure that are inter-related and in 2006 $100k was bonded specifically for the southeast storm drainage improvements and another $300k bonded in 2007, and an additional $1.15m to complete just the southeast drainage project with another $2.5m requested for the other two drainage projects. She said the City Council regularly amends the capital budget to address emergencies and she asked if the City Council could dedicate some additional capital money to expedite the project. Commissioner McTygue said the projects would move quickly upon approval of the 2008 capital budget. Commissioner John Franck asked about a letter of credit regarding the project. Commissioner Thomas McTygue said the Department of Public Works recommends that the letter of credit not be returned to the contractor. City Attorney Michael Englert said that the letter of credit expires on November 2 and the City Engineer or Public Works official must issue a certification that the developer is in default under the letter of credit and then the City Attorney submits that certification to the bank so if the default is covered by the specifics of the letter of credit it could be called in. This letter of credit is for $90k; a small part of the money needed and 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 refers to maintenance security for the road dedications, so there must be a connection between the flooding and the maintenance of the road. William McTygue, Director of Public Works said they have discussed the problems with City Engineer Paul Male and they discovered dozens of illicit sump pump connections to the City’s sanitary sewer system and lastSpring, there were serious flooding problems in the southeast section of the City. He said the department is being pro- active to identify the problem, and secure the letter of credit because of non-performance evidenced by signed petitions of neighborhood residents. William McTygue said the Department of Public Works is prepared to issue that certification and said that the money that could be used to assist this neighborhood for legitimate sump pump connections to the improved storm sewer system. Commissioner Ron Kim asked about the risks involved, and William McTygue said the roads were not up to City standards. Mayor Keehn said the Council agrees that action should be taken on the letter of credit by November 2. William McTygue said the three infrastructure projects proposed in the capital budget are each pieces of the solution of drainage and run-off problems in the Saratoga Village neighborhood and are projections to get systems to the intersection of Thoroughbred and Vanderbilt. He said an infiltration system in place now is supposed to receive the storm water off the streets, infiltrate it to the ground with overflow going to the City’s storm sewer system and it is not working. He said the money could be designated toward a project that would relate to a current project on the NYRA project. Herbert Strauss, 40 Thoroughbred Drive said he supports the presentation of Sally Kirouac and faults the City and builder for initiating development on land determined by a geological survey to be unsuitable for buildings with basements. He urged the City Council to approve funds for the infrastructure project because of the neighborhood’s sizeable tax base. Mary Correa, 44 Thoroughbred Drive thanked Commissioner McTygue for meeting with the residents. She said if the work is not done, there could be serious public health and safety consequences. The abundance of stagnant water produced by the lack of drainage is a breeding ground for various forms of pathogens and could cause serious health issues for residents, especially seniors and children. Lew Benton, 29 Thoroughbred Drive, said he shares the interest in the infrastructure issue with his neighbors and disclosed that he is Chairman of the Public Safety Capital Program Committee and an employee of the City. He said the City Charter requires the submission of the proposed capital program budget by the Mayor to the Commissioner of Finance and defines the comprehensive budget as requiring the inclusion of that proposed capital program. Because the proposed 2008 comprehensive budget does not include the proposed capital program, tonight’s hearing is on a budget that does not meet the minimum criteria specified in the City Charter. He said some speakers are referencing capital projects that are not included in the proposed budget and none have been included including the public safety facility. He urged continued discussions in hopes of restoring some of the projects to the budget and reinserting a capital budget into the proposed Comprehensive 2008 budget. The public safety committee is continuing to examine all options but he believes that there are opportunities to examine revenue and revenue forecasts in the operating budget. The VLT revenue base is predicated on net VLT revenues which are tracking at about 14% ahead of last year; last week’s net revenue base was up $400,000 over the previous year. He said that the third quarter sales tax revenue of the City will not be reported until November, and since the City’s summer season was very successful, the revenues should track ahead of those reported in the first half of the year. He said the city cannot afford further delays of the Public Safety Facility project. Commissioner Matthew McCabe said that as they are received, reported revenue or expenditure estimates are brought to the Council and incorporated into the general budget. He said that money received from the VLTs is net profit per machine and current estimations are not showing a 14% increase and if the VLT numbers or the sales tax numbers are changed before the city votes on the budget, he will bring those numbers forward and incorporate them in the most financially responsible method allowed. The last quarter sales tax revenue information is not due until January of 2008 and the indications from our summer season are that the attendance and admissions tax were down, less VLT revenue is forecasted for 2008 and 2009 and he stands by those numbers. He said citizens and volunteers of this community that serve on city committees are more important than those who occupy the council chairs and he does not question their integrity, energy or knowledge but the City Council ultimately decides where the money is spent and the Finance Office has watched the dollars as closely as possible. He said the Mayor’s proposed plan was not brought before the Council for adoption and the program and fine work of the committee is not going to be ignored; the process will 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 be moved forward because the proposed capital plan is worthy of study. He said this budget process does not violate the City Charter; the Commissioner of Finance, depending upon the legal interpretation of the Charter, is allowed to edit and cut the proposed budget as necessary and zero is a starting point for the capital plan as the process continues in attempt to provide the citizens of the city everything they are requesting within the confines of the bonding debt limit, tax rate, revenue estimate and the mandatory expenses of the City including increased cost in contracts, such as from over $600k to over $5m per year in healthcare on a $35m budget. He said he will be trying to accomplish as much as possible, but not without some disappointment and some severe disagreement on some topics. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order. PUBLIC COMMENTS Mayor Valerie Keehn opened the first public comment period. Carrie Woerner, Director of the Preservation Foundation said that tonight the City Council will consider a resolution calling on the governor and legislature to enact specific legislation to give local representation to the decision around land use and architectural changes at the race course. She said the City Council and the Preservation Foundation some community members have spoke with members of the New York State legislature to and it was suggested by Assemblyman Tedesco that the Council adopt a supporting resolution. She said that in light of today’s announcement by the Senate of their plan to create a specific authority which would only have citizens advisory committees in each affected location, it is very important that the City emphasize the need for decision-making rights as part of the process involving land use and architectural changes. Michele Funicello, member of the Board of Directors of the Preservation Foundation, the Race Course Coalition and owner of Circular Manor Bed and Breakfast said with the current activities there is a good chance that the state might own the race course and if that happens, any local jurisdiction belongs to the State. This race course is a valuable facility and land that must be protected its historical integrity saved. This resolution will continue the process toward giving the community the oversight it needs to determine that the right things happen at the race course. Kyle York, 59 Railroad Place said that the downtown noise abatement interests him and he has researched New York State law and noise ordinances and although there are motorcycles with mufflers and responsible riders, there are many illegally modified bikes that are driven unsafely which is a detriment to the quality of life in downtown Saratoga Springs. He said the City Council legislation against irresponsible behavior on motorcycles such as patching out and illegally modified mufflers would be a revenue opportunity in easy enforcement and would lead to an improved quality of life. Commissioner Ron Kim said that an ordinance has already been passed that addresses the issues of noisy motorcycles, Jake brakes, and high stereos and they are in the process of purchasing decibel meters and that would stand up in court and legally provide a method to write a ticket. He said they want to ensure that if a ticket is written, the money stays in the City and there is a $250 fine for the first violation and it gradually increases. This item is on the agenda because emails and phone calls have been received from residents near the downtown core complaining about the noise from open-air bands. He said they want to begin a dialogue with the factions involved to discuss possible solutions before the next warm season. He said that Siro’s helped mitigate their noise with acoustic curtains. Hillary McClellan, 101 North Street, said she supports the location of a new public safety building at High Rock Avenue; the proposal is not a luxury design. The City needs a new public safety facility and previous city councils have not had the courage to carry through on this important capital project which must be accomplished out of respect and honor to the force. Commissioner Thomas McTygue said this city council has the courage to do the right thing once they can work together to develop a facility that public safety needs and is acceptable to the taxpayers. 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 David Bronner, 5 Royal Henley Court said that regarding campaign fundraising, it is inappropriate when a major contributor to a particular political campaign in the city, Barton and Loguidice, is also under contract to perform engineering work for the City. He said it is ethically questionable, there appears to be a conflict of interest and if he were a candidate he would return the donations. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATIONS Problem Gambling in the Community Mayor Valerie Keehn said that Supervisor Joanne Yepsen invited Michelle Hadden from the Saratoga County Prevention Council to speak to us about problem gambling. Supervisor Yepsen said that on October 30, 6:30 pm to 8:30 p.m. at the Saratoga Springs Public Library, the Prevention Council and the Saratoga Gaming and Raceway Foundation will present a program on problem gambling. Supervisor Yepsen said that the Prevention Council was one of the main recipients of funding from the annual awards program of Saratoga Gaming and Raceway Foundation for a program that builds awareness and support for those who suffer from an addiction to gambling. Michelle Hadden distributed information to the City Council, and said that the program to mitigate problem gambling began in 2006 and targets adolescent problem gambling and incorporated within the presentation is a piece on reducing senior citizen problem gambling. Peer-led programs are very effective in prevention; a group of high school students from Saratoga County school districts will perform skits they developed using information on problem gambling that they received in training sessions. The program will be a community forum to enable the Preservation Council to receive feedback from communities on issues they are facing regarding problem gambling particularly related to youth and senior citizens, and open discussion will follow the performances. She encouraged the City Council to come to the forum and provide their input. CONSENT AGENDA Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve all items on the consent agenda as presented. 1. Approval of Minutes: October 2 , 2007 October 9, 2007 2. Award of Bid: Decorative Street Lights-Thorpe Electric Supply, Various Prices 3. Award of RFP: Restroom at the Arts council-Professional Services to Syvertsen Architecture (lowest qualified respondent) for $21,375 4. Approve Payrolls: 10/05/07 $484,176.03 10/11/07 $430,899.33 5. Approve Warrants: Mid MC1OCT07 $ 64,784.56 General 2OCT07 $372,685.70 Ayes all. MAYOR’S DEPARTMENT National Community Planning Month Proclamation (07-176) Mayor Valerie Keehn acknowledged the presence of various chairs or representatives of the city’s development boards including Amy Durland, Chair of the Planning Board; Steve Rowland of the Design Review Commission; and Nancy Goldberg, Chair of the Zoning Board of Appeals. She said the proclamation is in recognition of what land use boards do to represent the City and the time and energy they spend as volunteers to ensure that a project meets the high standards of the City of Saratoga Springs. She said the proclamation is a public thank you to the many members of land use boards, past and present who valiantly represent the City. Proclamation City of Saratoga Springs Whereas, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 rural areas, and other places; and Whereas, community planning and plans can help manage this change in a way that provides better choices for how people work and live, and Whereas, community planning provides an opportunity for all residents to the meaningfully involved in making choices that determine the future of their community; and Whereas, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and implementation; and Whereas, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and Whereas, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions, sound planning and plan implementation make to the quality of our settlements and environment; and Whereas, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Saratoga Springs; and Whereas, We recognize the many valuable contributions made by professional community and regional planners of the City of Saratoga Springs and extend our heartfelt thanks for the continued commitment to public service by those professionals; Now, Therefore Be It Resolved that the month of October 2007 is hereby designated as Community Planning Month In the City of Saratoga Springs in conjunction with the celebration of National Community Planning Month. Mayor Keehn said that she has been in touch with State Senators representing this and neighboring districts to let them know that their efforts and advocacy regarding the Saratoga Race Course are appreciated and the council’s resolution to be voted on later tonight will support the city’s stance on having local control over development and improvements made at the Saratoga Race Course. Increase “Not to Exceed Limit” for Legal Services of Hamilton & Watt (07-177) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to increase the “not to exceed expenditure limit” for the legal services of Hamilton & Watt an additional $10,000. Mayor Keehn said the firm has been negotiating the firefighters’ contract but the spending limit needs to be raised so they can continue to serve the City. Commissioner Ron Kim explained that the $10,000 was spent on a variety of legal issues in addition to the firefighter contract. Commissioner McCabe stated that the money would be paid from the City Attorney line. Ayes all Hudson River Greenway Community Resolution (07-178) Mayor Valerie Keen said that Jackie Hakes, the city’s recently appointed Principle Planner brings to the City Council’s attention a program entitled the Hudson River Valley Greenway Community. In July 2007 Governor Spitzer signed into law a bill expanding the greenway community and allowing participation in the Hudson Valley Greenway program to include all of Saratoga County. The program is a voluntary state-sponsored program created to facilitate a regional strategy to preserve the scenic, natural, historic, cultural and recreational resources and encourage compatible economic development while maintaining the tradition of home rule for land use decision-making. The Hudson River Greenway Act of 1991 creates a process for a voluntary approach to community planning where communities could receive technical assistance and funding for local land use planning projects. To become a participating greenway community and be eligible for technical assistance and funding the governing body must pass a resolution indicating the community’s general agreement with the five Greenway criteria – regional planning, economic development, public access, natural and cultural resource protection and heritage and environmental education. Mayor Keehn said this is an opportunity for technical and financial assistance for land use planning and read the following resolution: Request for Designation of the City of Saratoga Springs As a Greenway Community Whereas , the Hudson River Valley Greenway Act, (hereinafter, the “Greenway Act”) Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making Among the communities of the Hudson River Valley, and Whereas , the process and programs that will comprise the Compact are under development, and Whereas , communities may participate in the initiation and implementation of the 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Compact process, and Whereas , the city of Saratoga Springs is situated in the Greenway area as it was Officially designated in the Greenway Act, and Whereas , the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the “Council”) and the Greenway Conservancy for the Hudson River Valley, Inc (hereinafter the “Conservancy”) to assist communities in developing local Planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and Whereas , communities can become eligible to receive technical and financial Assistance from the Greenway, and Whereas , community participation in the Greenway planning process is voluntary, and Whereas , the Greenway Act does not supersede or change the powers that the State has Previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, and Now, Therefore Be It Resolved as follows : The City Council supports the criteria contained In the Greenway Act and the process by which the Compact will be achieved, and The City Council (legislative body) endorses the designation of the City of Saratoga Springs by the Greenway Council and Conservancy as a Greenway Community. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to support the resolution . Ayes all Appointment: Planning Board (07-179) Mayor Valerie Keehn announced the appointment of Laura Rappaport to the Saratoga Springs Planning Board effective immediately for the expired term of Bob Israel until December 31, 2009. She said that Bob Israel has stepped down due to business opportunities and thanked him for his service and dedication to the community. Laura Rappaport has been writer for local papers and other publications and is now a free-lance writer and has been a resident of the City since 1993. Date of the Next City Council Meeting Mayor Valerie Keehn said that the consensus at the agenda meeting was to change the date of the next City Council meeting scheduled for November 6 to November 7, especially since there is three weeks between meetings so the agenda would be lengthy and it is Election Day. The Mayor agreed to move the scheduled Planning Board meeting to the on the second or third floors of City Hall. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to officially change the date of the next City Council meeting from Tuesday November 6 to Wednesday November 7, 2007. Ayes all The City Council agreed to hold their agenda meeting on Monday November 5 as originally scheduled. Recreation Rental Agreements (07-180) Linda Terricola, Recreation Director said that City Council approval is needed for the Mayor to sign five separate agreements to use various gymnasium facilities for Recreational programs that include basketball, volleyball, box lacrosse and winter clinics at various rates depending on the facility that range from $10 per hour to $45 per hour. Linda Terricola said the department spends $50,000 annually on rentals to accommodate these programs plus an additional $10,000 for supervisors and hall monitors which are required by the facilities as part of the agreement. She said the situation makes it difficult for parents that have more than one child participating in programs because they have to shuttle between locations. Mayor Valerie Keehn said this is another justification for the City to have its own recreation facility. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded for Council approval for the Mayor to sign the rental agreements with Skidmore College, Saratoga Springs City School District, the Town of Wilton Parks and Recreation facility, the Saratoga YMCA and the Ballston Area Community Center for various rates as distributed. Ayes all Inter-municipal Summit 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Mayor Valerie Keehn announced that invitations have been sent to all County Supervisors and Mayors of all county municipalities for an inter-municipal summit which is a follow-up to the summit sponsored by Congresswoman Guilibrand last August. There will be experts to speak and lead various discussions on topics such as affordable housing, transportation, open space, infrastructure and energy and green development initiatives. The Inter-municipal summit is being held October 30 from 1 p.m. to 4 p.m. at County Building 5, 50 West High Street in Ballston Spa and is open to the public. ACCOUNTS DEPARTMENT Map Scanning Grant Project Update Commissioner John Franck said that in the summer of 2006, the city received non-matching funds in the amount of $33,404 from the New York State Archives Local Government Records Management Improvement fund to digitize the maps of the Public Works Department including Utilities and Engineering. The project was completed this past August; he asked Nancy Wagner and Kevin Kling to report on the highlights and to demonstrate the results of the project. Nancy Wagner said that the application was submitted because public works staff expressed concern that maps were deteriorating from age and use and not easily accessible. The City received their full funding request to hire a clerk to scan the maps, to upgrade the software of the City’s wide-format scanner, for training; to purchase 4 laptops for utility and City engineers to use for field access of the digital map images and for a plotter to enable the duplication of any sized map. She said it took 862 hours to digitize the 10,000 maps to an accessible archival format tied to a searchable index; the images will remain available far into the future due to routine backups and data migration. Kevin Kling said that all 10,000 documents are available in this system; he exhibited the index information and various map images. He said the individuals in the field will have the maps available on the laptops so they can reference the location of a utility problem without having to return to City Hall and rummage through dozens of drawers of maps and drawings. The information was placed on the City’s document repository system which is hosted internally and he created a web application to allow the laptop users access to the index and map images without requiring a live internet connection. Commissioner John Franck thanked the Department of Public Works; scanners, Jared Smith and Sheila Staves, Nancy Wagner, and Kevin Kling for another project at no cost to the taxpayers. Nancy Wagner said the project finished $31.00 under budget. Commissioner Matthew McCabe said that the Finance and Accounts departments have worked hard together on ways to advance the City technologically. FINANCE DEPARTMENT Budget Transfers – Payroll, Social Security and Regular Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget transfers previously distributed. A budget transfer moves appropriations from one line to another; it does not increase the original budget. The following transfers are each listed separately per the budget transfer policy. They have all met the transfer guidelines and the availability of funds is hereby certified (Attachment A). Payroll: There are ten transfers to or from payroll expense lines in the General Fund with a net total of $13,404.52. Social Security: There are 2 transfers to or from the social security expense lines in the general fund with a net total of $150. Regular: There are 42 transfers to or from other expense lines in the General Fund with a net total of $29,848.83. Ayes all Budget Transfers – City Center Contingency Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers for the City Center Contingency that were previously distributed. This set of transfers is listed separately per the budget transfer policy and have met the transfer guidelines and the availability of funds is hereby certified . (Attachment B) 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 This transfer in the amount of $795 is from the City Center Contingency Fund to City Center fund expense lines for office supplies as approved by the City Center Authority. For clarification the transfers are within the City Center Fund and have nothing to do with the general fund budget. The balance remaining in the in the General Fund contingency for the City Center is $30,000.50. Ayes all Budget Amendments Commissioner Matthew McCabe moved Commissioner John Franck seconded to approve the 2007 budget amendments as previously distributed with the agenda. A budget amendment changes total adopted budget for that fund, increasing or decreasing a revenue line, while increasing or decreasing corresponding expense lines. The budget remains in balance with the approval of a budget amendment. These budget amendments have met the amendment guidelines and the availability of funds is hereby certified . (Attachment C) There are 14 budget amendments to the General Fund with a net total of $28,483.57. Ayes all. Xonitek Systems Software Support Agreement (07-181) Commissioner Matthew McCabe moved and Commissioner John Franck seconded for authorization for the Mayor to sign the contract/ software support agreement with Xonitek Systems for the maintenance and support of e-Synergy and Event manager software for the period of January 1, 2008 through December 31, 2008 in the amount of $2,537.55 if paid by 11/30/2007 . The contract has been approved by the City’s Risk and Safety Manager, and the City Attorney has recommended changing Section 7.6 “Venue” substituting Saratoga County in place of “Broome County ”, eliminating Section 7.12 and adding Section 2.4 if it was accidentally omitted by the vendor. There is money is the finance budget to cover the cost . Ayes all Discussion: 2008 Comprehensive Budget Commissioner Matthew McCabe said that in Saturday’s Post Star, a spokesperson for Governor Spitzer indicated that for the 2009 State budget, they are targeting the VLT funds that the City receives. He said the amount anticipated for 2008 is in the City’s General Fund budget already so depending on what happens politically and in the budgetary process, as much as it is justified to receive the funds, they must be appropriately used, and it should be understood that the good piece of legislation granting the funds to hosting Cities and Counties must be closely monitored because the fight to sustain those funds is not over; the City Council will have to return to Albany. Mayor Keehn said that the lobbying efforts should include representatives from other municipalities that receive the funds because if we lose the funding, they will lose it also. Commissioner John Franck asked if the (VLT) money is secured for 2008. Commissioner McCabe said the money was preserved in last year’s (state) legislation for the 2008 budget cycle; that money is guaranteed, but if they extract the money, the City would not receive the funds in 2009. Commissioner Matthew McCabe reminded the Council that the next budget workshop is noon on October 17; some additional requests or changes will be discussed as part of the budget process. Set Public Hearing-2008 Comprehensive Budget Commissioner Matthew McCabe set a public hearing on the 2008 Comprehensive Budget for Wednesday, November 7 at 6:20 p.m. He said that the public hearing it will remain open until the budget is adopted so that people would be able to speak at every subsequent budget meeting. Resolution: Preservation and Local Representation-Saratoga Race Course (07-182) Commissioner McCabe explained that the Finance Department circulated a letter dated October 4 from the Saratoga Preservation Foundation asking that the City Council adopt a resolution requesting State legislators to 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 enact legislation that provides for the long-term preservation of the historic character of the Saratoga Race Course and further includes local representation for the decision-making regarding land use and architectural changes at the race course. He said that the City Council has shown support for this by way of changes to the zoning amendment regarding historic district boundaries approved August 7, 2007 and he has no trouble sending a letter for support. He said that Assistant city Attorney Tony Izzo crafted the following resolution: Whereas the Saratoga Race Course is an inseparable part of our community, our economy and our identity, and Whereas , the Saratoga Race Course is our City’s most famous landmark, and Has been designated by our citizens as a local historic site of highest importance, and Whereas , the people of our community give generously of their time and resources To support the Race Course, its many industries and its millions of dedicated and Enthusiastic fans; Now therefore Be it Resolved that, on behalf of the people of Saratoga Springs, this Council respectfully asks our Governor, our New York State Senate, and our New York State Assembly to create and enact new legislation providing for long-term preservation Of the Saratoga Race Course’s many historic and timeless elements, and to also give Saratogians adequate representation in any decisions affecting proposed land use and architectural changes to the Race Course. Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the resolution . Commissioner John Franck said the resolution is very general and he asked Carrie Woerner if there is anything should be added. Carrie Woerner said she is comfortable with the resolution as presented. Ayes all PUBLIC WORKS DEPARTMENT Johnson Control Contract (07-183) Commissioner Thomas McTygue moved and Commissioner John Franck seconded for authorization for the Mayor to sign and enter into a contract with Johnson Controls as presented. Public Works Director William McTygue said they have been working on the energy performance initiative for a long time. The result is a project with various details included that should satisfy everyone. The intent of the project is to improve and replace aging energy using equipment in all city facilities and buildings; and the guaranteed energy savings would off-set installation and construction expenses incurred within the project. He said the construction expenses are considerable because the project includes replacing light fixtures in all City buildings, bringing the buildings up to modern standards for energy efficiency, adding energy efficient boilers, and adding a new air conditioning unit in the Casino. It is an initiative to save money, to increase energy efficiency, to benefit the environment, and mitigate the frequent environmental disruption currently existing with inefficient energy systems in City buildings. William McTygue said the project includes a 12.6 kilowatt solar project to be installed at the water treatment plant to satisfy the desire of the city to include a solar piece with the project. Chris Kalowera of Johnson Controls said they addressed the concerns raised by the City Council at their meeting on September 18. One of the requests was that the city owns all of the environmental credits that may accrue as a result of the energy conservation and Johnson Controls is fine with that. He said when the possibility of increasing the size of the initially proposed solar piece was examined, it was determined that the optimal location is the City’s water treatment plant which can utilize all of the output of the solar facility. Johnson Controls will apply for the NYSERDA incentive award on the City’s behalf for that project, which is $5 per watt, totaling $63,000 that would come back to the City from NYSERDA. He said another request was to reduce the energy price escalation factor from 3% to 2%; which is input from the owner and the 2% energy escalation factor is included in the agreement. He said that the City requested payment based on the percentage of completion and that change in the contract has been made. Commissioner Matthew McCabe said that guaranteed energy savings is about reduction in costs of the overall project moving forward over the years. He asked how the NYSERDA solar incentive of $63,000 is figured into the cost. Chris Kalowera said that the incentive would show up as a credit, the incentive goes to the installer who is a sub-contractor of Johnson Controls, but they pass 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 100% of that credit to the City. Commissioner McCabe asked if the incentive was included in the guaranteed cost savings and Chris Kalowera said no, it is a stand-alone, one time payment. William McTygue said the total estimated cost of the project is $1,721,304 designed to bring energy efficiency to the Arts Council building, the Canfield Casino, City Hall, the Department of Public Works complex on Division Street, the Lake Avenue Fire House, the Police Garage, the Ice Rinks; the Senior Citizen Center in the form of replacement of the air-conditioning units, weatherization improvements and boiler controllers; the Water Treatment Plant and the Visitor’s Center and other detailed city-wide initiatives including vending machine controllers, and a detailed energy audit. He explained that Johnson Controls assumes full responsibility for the project so it does not require any dedicated time from the Department of Public Works or other staff to oversee the work of the project, which saves money. He said this is a large step forward; Johnson Controls is a partner with the City for several years to come to ensure that the City receives the bang for the buck that was promised. He said that NYSERDA plays an important role in the project because they are buying down the interest rate that the City receives when borrowing the money for this project by 4%. He said the City will obtain the best market rate possible to borrow the money conduct the project, and NYSERDA will buy that interest rate down by a guaranteed 4 percentage points; there is no cheaper way to borrow money. This is an incentive by NYSERDA to entice municipalities to become energy efficient and good to the environment. Mayor Valerie Keehn thanked Chris Kalowera, Mark Tworpee, and William McTygue for a good project and a good green energy plan that would benefit everyone for years to come, and for Lynn Bachner’s help in determining the ideal location for the solar panels. William McTygue thanked Christine Gillmett Brown, Director of Finance, for dealing with the financial complications of the project and he thanked Johnson Controls for their diligence. Commissioner Matthew McCabe said it would take about three weeks for the fiscal advisors to get a response from their RFP in order to establish the borrowing rate. Ayes all Sidewalk contract Commis sioner Thomas McTygue moved and Commissioner Matthew McCabe seconded for Council approval for the Mayor to sign a contract for the installation of 126.5 square feet of sidewalk at 75 Clinton Street, the residence of Denise Polit, in the amount of $3,795. A check for that amount has already been received. Commissioner McTygue said that $3,785 is the total cost, including all labor and materials. Ayes all Permission for DPW Employee to Use Sick Bank (07-184) Commissioner Thomas McTygue moved and C ommissioner Matthew McCabe seconded for permission to use the sick leave bank per the DPW hourly CSEA contract by Robert Bovee for a maximum of 102 days and for Mike Quinlan for a maximum of 9 days. Commissioner Thomas McTygue said that one of the employees applied for a disability retirement, so he might not have to use all those days. Ayes all CITY COUNCIL EXECUTIVE SESSION Approval to increase contract limit for Attorney Aspland (07-185) Mayor Valerie Keehn announced that the City Council convened at 5:25 p.m. and voted to go into Executive Session at 5:25 p.m. to discuss a personnel issue and the negotiation of the firefighters’ contract. She said that the City Council agreed to increase the contractual allocation of Attorney Aspland. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to increase the contractual allocation to Attorney John Aspland for litigation services to the City by no more than $5,000 contingent upon review of the Risk and Safety Manager and the City Attorney . Commissioner Matthew McCabe said the money would come out of the city’s self insurance fund. Ayes all DEPARTMENT OF PUBLIC SAFETY Set Public Hearing: Update of Traffic Signals in City Code Commissioner Ron Kim set a public hearing for the update of traffic signals in the City Code for Wednesday November 7 at 6:15 p.m. 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Downtown Noise Abatement Commissioner Ron Kim said there have been several complaints received by Public Safety and the Mayor about noise pollution from the open air bands on Thursdays and weekends in town. He said they are in the process of contacting the Downtown Business Association, the Chamber of Commerce, the Downtown Special Assessment District and the venues that have the bands to begin discussion in an attempt to determine solutions such as acoustic barriers that could be implemented to mitigate the problem. He said the bands are more pronounced in the summer and many could be heard blocks away, especially if a resident’s windows were open. He said an ordinance was recently passed to control motorized noise and loud stereos and they are in the process of equipping the downtown police officers with the proper equipment and training them for enforcement of those violations. Waive of Solicitation of Proposals/quotes for Disposal of Surplus City Property Commissioner Kim pulled this item from his agenda. Authorization for Mayor to sign Contract with Propertyroom.com Commissioner Kim pulled this item from his agenda. Police Radio Communications Improvements (07-186) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve the contract with Wells Communications in the amount of $37,667.61 for improvements to the Police Radio Communications System as submitted. The contract has been approved by the Risk and Safety Manager and the City Attorney. Commissioner Ron Kim said the agreement is pursuant to state contract. Commissioner Kim said that the money is in the capital budget. Ayes all Fire Department Acknowledgements Commissioner Kim read correspondence from Kenneth Cook of NYRA thanking the fire chief and his staff for the assistance rendered for this year’s 139th Saratoga racing meet. Commissioner Kim said the department places a fire truck and personnel at the race course throughout the racing season for safety reasons because it is an older structure. He said another acknowledgement is from the Naval Cryptologic Veterans Association, hosts of the City’s 9/11 memorial service this year, honoring Lieutenant Colonel John Betor, Assistant Fire Chief, as a veteran of the Iraq War with the “Exceptional Patriot” award in recognition of the support and comments he provided at the memorial service. RFP for High Rock Avenue/Public Safety building Commissioner Kim apologized for leaving the city council chambers prior to the end of the October 2 City Council meeting. He said he left out of a deep sadness for the action that the Council was taking on the lease- buy back proposal for Woodlawn Avenue stemming from the knowledge and conviction that further delay of construction of a police facility would only cost taxpayers more money in the future. He said that his leaving the table was misconstrued as giving up on a remedy for the terrible conditions that currently exist in the Police Station and he assured the Council that the effort to construct a new Public Safety building will continue. He said he met no disrespect to the Mayor, the City Council, city employees, the members of the Police and Fire departments, or to City residents, and he asked the City Council to join him as he issues the 2 requests for proposals (RFP) distributed earlier so the process can be moved forward because for every month of delay, the city is going to pay. He said that the two RFPs represent two potential ways to address the public safety building issue, both focus on the city-owned High Rock parking lot and both have a 30-day response time which will give the City enough time to consider the responses and make any adjustments to either the 2008 capital or operating budget. The issuing of the RFPs does not cost the City one cent, and it does not prevent the City from considering any other viable and cost-effective remedies, but the responses are expected to provide answers to e questions raised by some of the council members. In the current 2007 capital budget, there is $1m approved by this city council to design a police facility and the first RFP is a design RFP for the High Rock Avenue Public Safety building which requires designers to examine and base their design on the information within the feasibility study. 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Commissioner Kim said that there is a concern that the original feasibility study commissioned over one year ago determined that the station would cost $17m financed the traditional way, built on either High Rock or Woodlawn Avenues. He said the RFP requests a proposal of a design that limits construction costs to a maximum of $12m in terms of the total budget, 33% less than the original proposal. He said the required functions of the building are listed in the RFP by priority and if all the requests cannot be met for $12m then the designer is to set a budget and state what can’t be included. This is an initial RFP where the designers come back with a scope of work; a space needs assessment, a phase-design layout with bid-ready documents, and the department has requested that the designers closely examine the US Green Building Council and their lead certification standards to determine if the facility could be built with sustainable energy use. He said the dates are critical because the designers need time to respond and they have about 30 days and the budget must be passed November 30; there is nothing in the capital budget at this time, and it is anticipated that the responses to the RFP would enable the City Council to make a knowledgeable decisions. Commissioner Ron Kim said the second RFP is essentially the Woodlawn Avenue proposal provided by Commissioner McCabe in April of 2006; but the site has changed from Woodlawn Avenue to High Rock Avenue which is a larger site, 2.62 acres. The RFP requests developers to submit a creative proposal with only two mandatory requirements: (1) That there is a public safety station that consistent with the feasibility study currently on file, and (2) That the response proposes a parking garage that would accommodate 500 to 600 vehicles. It is very similar to Commissioner McCabe’s RFP, and they requested that developers attempt to propose structures that are lead-certifiable, built to sustainability and environmental standards. He anticipates receiving more information from the responses and encouraged City Council feedback. Commissioner Thomas McTygue said he did not receive copies of the two RFPs, and there can’t be double- standards. He referred to a list of suggestions from the Mayor regarding procedure for RFPs and suggested that the Mayor require Commissioner Kim to comply with those suggestions. He said time should be taken on the development of the large portion of the proposal for High Rock Avenue so that it is designed properly to accommodate the needs of the City Center, the needs for downtown and it should include a connection to the Algonquin Parking lot to bring pedestrian traffic across. He asked that the second RFP develop some commercial and some affordable units, resulting in the best use and the best product for that site the DPW could incorporate the ideas within the RFP. Commissioner Kim said he would move forward on the design RFP only, especially since it is in the City budget already. Commissioner Kim said the lease buy-back financing option is attractive fiscally but he is trying to put plans on the table and this would delay the project another month. Commissioner McTygue said the Woodlawn RFP only asked for parking options, not a public safety facility, but the vendor presented an option for Woodlawn Avenue that was not requested in the RFP so sending out a new RFP requesting options to include a public safety facility and parking garage is the right procedure but the DPW would like to review the RFP first. Commissioner Ron Kim said the design proposal gives the Police Station is top priority, then administrative offices, then courts, but it is specifically said in the design RFP that if the vendor cannot build a structure within the budget that fully addresses all of the feasibility issues, then propose alternatives to address those issues, such as a second phase; nothing is being excluded, they are being driven by a number. Commissioner Thomas McTygue said that Commissioner Franck was to set up a meeting with the owner of property directly behind City Hall to discuss the construction of a three-story facility behind City Hall and give DPW time to upgrade the current Police Station and City Hall. If public safety leaves City Hall, it would necessary to upgrade that portion of the building so it could be used, possibly for public safety with the addition of a building in the back and the continued use of the court room, which cannot be chopped up into offices because it has historic significance as it was the first location of the New York State Bar Association; it must remain a courtroom. Commissioner John Franck said that it does not hurt to include the lot next door within the RFP; alternatives such as swapping property the City owns now with the lot next door have not been discussed with the owners of the Collamer building. Commissioner Ron Kim said the parking lot next to the City Hall and other parcels were analyzed in the process of the feasibility study but the study favors using what the city already owns in order to save money. Commissioner John Franck asked whether the feasibility of building on the lots that were included in the studies was ever considered. Commissioner Ron Kim said the lot next door is too small and the owners have indicated they are not interested in selling the lot, but it would make no sense to use the lot. 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Commissioner John Franck said that Commissioner Kim does not know the possible options because he never held discussions about them, the month of delay that Commissioner Kim referred to might have saved the taxpayer $5m. He has no problem with the RFP in general, except that the Council should be able to review it. He said that it does not hurt to include within the RFP the potential to use the lot next door; and since the City owns property on the north side of the Collamer Building, the owner might be willing to swap parcels or consider other alternatives that have not been discussed. The lot is too small for a 47,000 square-foot building but it might work for a smaller structure. Commissioner Kim said they spent $30,000 on a feasibility study which included the analysis of the lot next door and the one behind it as a possibility for structures and the study favored what the City owns. Commissioner Franck repeated that there could be an exchange of lots involved which has not been explored. Commissioner Thomas McTygue said that the present police facility could be upgraded, connected to a smaller structure on the lot next door and the court could remain at its current location and be connected to the new building. Commissioner Ron Kim said the budget needs answers regarding the public safety facility project and if the answers are not provided, the City will go through an entire budget cycle without proceeding forth on a new facility unless the next City Council wants to file a significant amendment to the capital budget. When these issues are not resolved, the process is delayed one year, and which means that project completion is delayed 3 years. SUPERVISORS Joanne Yepsen Report from October County Board of Supervisors Meeting Supervisor Joanne Yepsen said that the Board of Supervisors unanimously agreed to issue a resolution in support of the County Clerk’s stand against issuing driver’s licenses to illegal aliens. She announced that the resolution on the Geyser Bridge was passed and the sidewalk will be included in the design. She reported that 7 awards totaling about $500,000 were approved regarding open space and farmland protection; the details are on the county’s website. Formation of a County Personnel Committee Supervisor Yepsen said that many supervisors feel there should be more oversight and evaluation of managers within the county, a committee is being formed and will begin functioning January 1, 2008. Single-payer County Coalition Supervisor Yepsen said that as a member of the Public Health Committee, she was asked to assemble doctors and nurse practitioners of the City to form a coalition on the issue of health care reform to get better service for less money. The first meeting is scheduled for November 14. Report on Senate Hearings on Racing Supervisor Yepsen and the Chair of the Racing Committee have been attending all the Senate hearings and today the Senate announced the formation of a new organization called “Racing Gaming and Equine” , which is comprised of an 11 member board including five that already sit on the oversight board and six new members. The two main issues that must be included within the contract are that property taxes must be continued to be paid to the City and the County and that there is some local oversight for design and renovations to the property and the buildings of Saratoga Race Course. Cheryl Keyrouze Saratoga County Water Authority Supervisor Keyrouze said she recently held a press conference to announce that the Saratoga Water Authority is in violation of Article 14 of the New York State Constitution, the “Forever Wild” Provision and since then has been working with environmental groups and with Charles Morrison of the Association of Protection of the Adirondacks. She said she has been involved with this issue since 2002 and in 2005 she notified environmental groups. She said there has also been property clearing authorized by the water authority with no notice to the 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 property owners; including last week when the County requested 30 feet of a parcel owned by the Zetterstroms and 125 feet of healthy land was bulldozed without the owners’ permission. She encouraged the public to report any similar incidents to her. She said the next Water Authority meeting is scheduled for October 23, and she urged the Council and members of the public to attend to let the authority know they can not hurt the City’s constituents. Michael Cohen, Senior Analyst, NYS Commission on Local Government Efficiency and Competitiveness Supervisor Cheryl Keyrouze met with Michael Cohen to discuss the possibility of some Saratoga County towns sharing insurance policies but many Supervisors oppose this because of accountability issues. Mr. Cohen will be invited to speak at a County Insurance and Risk Management Committee meeting. Saratoga County Equalization and Assessment Committee Supervisor Keyrouze said that a recent tax sale brought gross proceeds of $133,745 for a profit of $99,442; many of the parcels were purchased by out of state companies for small amounts of money. Saratoga County Legislative and Research Committee Supervisor Keyrouze said she initially opposed the resolution of support for the Clerk’s decision to not issue licenses for illegal aliens but during discussion she realized that the first piece of the executive order would start December 1, allowing time for a representative from the Governor’s Office to conduct an information session at the County to resolve concerns and answer questions. Saratoga County Law and finance Committee This was previously discussed on supervisor Yepsen’s agenda. Citizens Transportation Committee of Saratoga County Supervisor Keyrouze said that Bill Hollister of Amtrak spoke at the committee meeting and circulated the materials of his presentation to the Council. A public presentation to include zoning and planning boards is scheduled for November 26. Single-Payer Health Care Supervisor Keyrouze reported that the Insurance and Risk Management Committee and the Saratoga County Administrator were not interested in this issue. Counties are being urged to pass supporting resolutions on this and she will meet with Theresa Hammer of the Saratoga area Central Labor Council (CLC), Assemblyman Roy McDonald and Supervisor Yepsen to discuss this issue because health care is important. PUBLIC COMMENT Mayor Valerie Keehn opened the second public comment period. Kyle York, 59 Railroad Place said that when he researched the noise ordinance in New York State, he discovered through review of extensive case law that many municipalities using decibel meters lost cases because the lawyers argued the meter did not get a clear read because of echoes off nearby buildings and background noise. He said within the law, a Lake George Police Officer is granted the discretion to say that it is their opinion that the noise is unreasonable and this has survived court challenges, saves money on meters and on litigation and is more productive. He said the idea is worth examining before spending money on decibel meters that can be easily challenged in court. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to adjourn the meeting . Ayes all There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:25 p.m. 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 16, 2007 Respectfully submitted, Nancy Wagner Clerk Approved: 16 of 16