City Council

City of Saratoga Springs City Council Meeting Minutes Wednesday, January 30, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM WEDNESDAY, JANUARY 30, 2008 8:30 A.M. PRESENT: Scott Johnson, Mayor Commissioner John Franck, Accounts Commissioner Ken Ivins, Finance Commissioner Ron Kim, DPS Commissioner Anthony Scirocco, DPW PRESENT: Supervisor Joanne Yepsen (arrived: 8:40 a.m. left 9:00 a.m.) ABSENT: Supervisor Matthew Veitch STAFF PRESENT: Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Dep. Commissioner, DPS (arrived: 8:45 a.m.) Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney CALL TO ORDER Mayor Scott Johnson called the meeting to order at 8:35 a.m. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Wilma Koss, 160 Kaydeross Park Road, said the Council should remember that initial estimates for the cost of the EIS were at $250,000. The City has already spent nearly $1.5 million. If the Council continues to spend money on this matter with this appeal, it will lead to more money being spent. The Council could decide to do nothing or it could continue to spend money defending this project. The Council needs to take a hard look at the ramifications and impacts of using Saratoga Lake. The Council has a fudiciary responsibility to the residents of this City. The money should be spent on things that the City needs and not on what the City wants. John Tighe, 43 Warren Street, said the County spent $10 million on a landfill site that they are not using, however, it was to prepare for the future. The City should do the same and prepare for the future allow for Saratoga Lake even though it might never be used. Michael Fisher, 28 Westbury Drive, said he had been a resident of the City for 5 years and a resident of the County for 37 years. He is a retired hydraulic engineer who had previously done work on measuring stream flows on several creeks throughout Saratoga County. He recommended to the Council that there be no more money spent on using Saratoga Lake. He had reviewed the professional studies on the water system of the City and those studies were based on a lot of assumptions. The City needs to have more discussions with the professionals on this matter. He said while there have been reports on pcbs in the Hudson, he would drink the water. He said it wasn’t clear in the reports as to whether the pcbs were up or downstream in that area. He said he was more concerned with the migration of the old sewage around Saratoga Lake. There have not been any comparisons among the water sources during a 1 of 4 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 30, 2008 drought. He asked what Saratoga Lake or the Hudson River would look like during an extreme drought. He suggested that the City have a valve installed along the County water system line. The City should have that option available for the residents. He also recommended that the Mayor establish a committee with engineers and financial experts to study the pros and cons on the water issue. Kyle York, 59 Railroad Place, said he is an environmental journalist. He said he had previously studied the drought in Florida. There are predictions of global warning and the scientific data points to the southern part of the United States as suffering through drier periods while the northern portion suffering through wetter periods. He then displayed a chart showing the rainfall pattern for this area from 1906 to 2006. Those statistics show that the rainfall has been steadily increasing over those years. Those numbers show that the drought of 1964 was an anomaly. Pamela Spencer Snyder, 30 Stockholm Avenue, said this is her family’s property that the City wants to take by eminent domain for the pumping station. She said it was an inappropriate location for the pumping stating. This land has been in their family for 83 years. Her family was instrumental in assisting in cleaning up of the lake. They believe they have been unjustly treated by the City. If this was a good location, they would work with the City. Bonnie Sellers, 69 Hyde Street, said she had lived through a drought and it was a frightening experience. During that drought there was a 17 day supply of water and residents were restricted to 45 gallons per day. She said the Council owes it to the residents to have an alternative water source that the City controls. Saratoga Springs’ history is about water. Remigia Foy, said the Council is charged with making a decision in the best interest of the community. They need to consider the greater good for the greater number. The City has had a bad experience with the County when it comes to fees. The City has paid more than its fair share when it comes to sewer fees. It is incumbent upon this Council to ensure that the City maintains control over our water and its fees. She said the issue today was litigation and not whether the City was going to apply for a permit to use Saratoga Lake. The Council owes it to the City to have a fall back plan. The City needs to control its own destiny and not leave it in the hands of the County. She said that John Lawlor, chair of the County Board of Supervisors, was on television expressing his concerns on the pcbs in the Hudson. Because of his concerns, he was pursuing have Waterford tie into the City of Troy water system and not going to the Hudson. Saratoga Springs is talking about using 3 mgpd during peak season. There are 28,000 residents in this community and those are the voices that the Council needs to be listening to. The Council should vote 5-0 to protect the interests of the community. Mayor Scott Johnson closed the public comment period. MAYOR’S DEPARTMENT Nothing at this time. ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT Nothing at this time. 2 of 4 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 30, 2008 DEPARTMENTOF PUBLIC WORKS Saratoga Lake Protection & Improvement District vs. DPW & the City of Saratoga Springs (08-15) Mayor Scott Johnson moved and Commissioner John Franck seconded to adjourn to executive session at 9:00 a.m. regarding proposed, pending or current litigation in the matter of Saratoga Lake Protection and Improvement District, the Saratoga Lake Association Inc., the Town of Saratoga, and the Town of Stillwater, as plaintiffs, versus the Department of Public Works of the City of Saratoga Springs, Thomas McTygue as Commissioner of Public Works, and the City Council of the City of Saratoga Springs, as defendants, more particularly the motion by plaintiffs, namely the Lake Association and District, for leave to appeal to the Court of Appeals from the prior order of the Appellate Division. Commissioner Ron Kim said that typically the Council goes into executive session to discuss litigation matters. He said this was not about legal strategies but rather whether to authorize the attorney to appeal. This is a very narrow issue – it’s about whether the Council wants to authorize to hire the attorney on the Court of Appeals matter. He said that statistics show that it will be unlikely that the Court of Appeals will take up the matter, however, it was important for the City to file the motion. Therefore, he believed that it was appropriate to talk about this in public session and not in executive session. There is no legal strategy involved. Ayes: four; Nays: one (Commissioner Ron Kim). Motion carried. Council members returned and Mayor Scott Johnson reconvened the meeting at 9:15 a.m. Mayor Scott Johnson said that whereas the City is a defendant in a pending civil litigation matter and the plaintiffs having filed a motion for leave to appeal to the Court of Appeals, which requires the City to file papers opposing the motion by February 4, 2008, and whereas the deadline for the City to oppose the motion is before the date scheduled for the next regularly scheduled City Council meeting on February 5, 2008, and whereas the Council has met in Executive Session to discuss what course to take given the Court deadlines, the City Council in Executive Session has voted in favor of authorizing the law firm of Young Sommer to defend the City on the motion for leave to appeal to the Court of Appeals. This vote should not be taken or construed as any indication or endorsement by the majority of this City Council to pursue Saratoga Lake as the City’s primary water source. The approved motion is simply in response to a motion filed against the City which, in the opinion of Council, requires City response. Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to engage the firm of Young Sommer to defend the City on the plaintiffs’ motion for leave to appeal to the Court of Appeals, to a sum estimated by Counsel to be between $4,000 and $6,000, not to exceed $6,000, with every effort to be exercised by Counsel to minimize fees incurred in this matter. Commissioner Ken Ivins said he has stated for many months that he was not amenable to spending any more money on the water source issue. He said the continued authorization of expending funds only leads to more money being spent. Rather than spending more money on this alternative water source the City should be fixing the existing infrastructure. There was recently a fire on Grand Avenue, whereby there was insufficient water pressure for the firefighters to do their job. It is likely that the City will be looking at another water rate increase. His argument would be the same if the City was looking to use the County’s water source. He had great concerns with the budget that was adopted by the last Council and feared that the budget could come up between $1 and $2 million short. The residents could face a double digit tax increase. He did not support this motion. 3 of 4 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 30, 2008 Commissioner John Franck said the City spent more than $50,000 on the proposed charter change. We now have the DPS facility on the horizon. The City’s water rates have gone up, but they are still the lowest in the area. The misinformation out there is that the residents have not been paying for this alternative water source. It has been paid for by the developers through water connection fees. Approving this motion today has nothing to do as to whether the City gets a permit to use Saratoga Lake. The City needs to respond to the law suit that is pending before the highest court in New York State. He reminded everyone that he voted against the budget last year. He has stated many times that the VLT money is not guaranteed. He would support this motion. Commissioner Anthony Scirocco said he too would support the motion. The Council owes it to the taxpayers to ensure that this litigation goes through the courts in a proper manner. This motion does not obligate the City to use Saratoga Lake. He said that while the funding for this alternative water source may be coming from developers’ fees, if it begins to come from the taxpayers, he may reconsider supporting it. He said that he would support this motion. Mayor Scott Johnson said this is a procedural motion only. The City is not asking to use the lake at this time. There has been quite a bit of misconception and misreporting in the local newspapers. He said it was reported in The Saratogian that if the City did not oppose this motion the City could no longer use Saratoga Lake as an option. He said that was simply not correct. This is a motion for permission to file an appeal and he supported the motion. Ayes: four; Nays: one (Commissioner Ken Ivins). Motion carried. DEPARTMENT OF PUBLIC SAFETY Nothing at this time. ADJOURNMENT There being no further business, Mayor Scott Johnson adjourned the meeting at 9:25 a.m. Respectfully submitted, Katherine A. Moran Clerk Approved: 4 of 4