City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 1, 2006 5:50 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 Pat Design, Deputy Commissioner DPW 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 5:50 p.m. Executive Session Commissioner Thomas McTygue moved and moved and Commissioner John Franck seconded to adjourn to executive session at 5:50 p.m. for PBA contract discussions and the Freightenburg matter. Ayes all. Council members returned at 6:30 p.m. and reported that no action was taken. PUBLIC HEARINGS Fingerprinting Ordinance Commissioner Ron Kim said there is a state requirement for a municipality to have a local ordinance which would enable the City to fingerprint city personnel and submit those fingerprints to DCJS. He said many position titles have been included in this ordinance. Mayor Valerie Keehn opened the public hearing on the Fingerprinting Ordinance. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Local Law Repealing Charter Section 11.2 Limitations on Bonding Capabilities and Enacting a new Charter Section 11.2 Limitation on Amount of Local Indebtedness which may be Contracted Commissioner Matthew McCabe said this local law would increase the City’s indebtedness from 1 percent to 3 percent. This increase has been discussed for quite some time and it is necessary to meet the future financial obligations of the City. There are a lot of major projects coming up and the city needs to be able to discuss them. Looking at the available dollar amount to bond next year, limits the City’s ability to finance capital projects. This increase in the bonding limit will enable the City to bond those projects. Mayor Valerie Keehn opened the public hearing. Peter Tulin, 40 Sarazen Street, said the Connolly plan was put into place in the late 70s early 80s. At that time the City had no debt. The City would save money each year to pay for a project. The Connolly plan was meant to tie the hands of future Councils. Since that plan was adopted, the City’s real estate prices have gone up 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 significantly, which has increased the bonding limit. The City has a tremendous infrastructure need. The City should have a complete review of its needs, determine the costs, tighten their belts and then look at other ways to secure funding for those projects. That all should be done before the limit is increased. Commissioner Matthew McCabe said this local law is subject to a permissive referendum. There would need to be a petition filed within 45 days of the Council’s adoption of this local law. Rose Tait, Lincoln Avenue, said the Connolly plan came to pass at about the same time as the sales tax came into existence. She submitted a letter for the record on her concerns of increasing the limit. This would mortgage the future of the taxpayers. There will be more than $2 million in new revenue from the Racino. Commissioner Ron Kim just spent $5,200 on new uniforms for five police officers so they look nice in parades and yet Commissioner Ron Kim was not concerned with the loss of parking revenue from the youth parking program. Why does the City need a new indoor recreational facility when there is a new YMCA being constructed? Why does the City need to pay a consultant $100,000 to tell us where to put a police station? How can the residents of this City come to the Council and address these issues when the preliminary agenda and the final agendas are published so close to the actual meeting date. All of these things are being done without public input. John Kraus, 227 Grand Avenue, representing the Saratoga Citizens for Affordable Taxes and member of the DPS capital construction committee, said that the City needs to increase in the bonding limit. The current bonding limit is too restrictive. There are major needs in the City such as the EMS facility, police facility and recreation facility. The City needs to plan for routine yearly maintenance. The way to accomplish these large projects is through an increased debt ceiling. The proposed 3 percent is well below the state limit of 7 percent. He said with a new debt ceiling, the City could potentially have $71 million available for capital projects. The cost to taxpayers will be cents per thousand. Each capital project will stand on its own during the capital budget process. This will simply give the City some flexibility. Charles Morrison, 88 Court Street, agreed with John Kraus. He said he did not believe that there was another city in this state that had a 1 percent cap on bonding. He said most are living within the 7 percent. He said that perhaps there should be some thought given to doing away with a limit. Commissioner Matthew McCabe said this increase in bonding limit is not for salaries or benefits. It is forcapital improvements. The vote this evening is not to spend money. This is not an endorsement for any one project. There are still many questions to be answered. The Council will still vote on spending the funds and it will require some discipline of this Council to base their vote on the merit of the project. This is about what is best for the City. Mayor Valerie Keehn said this local law would be subject to permissive referendum if a petition is submitted within 45 days. This local law shall take effect upon the 46th day of adoption. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Rose Tait, Lincoln Avenue, said she was interested in tonight’s discussion on the noise ordinance. She lives near Siro’s and the noise coming from Siro’s is almost unbearable during the summer months. She said she has been told by Siro’s that if she calls them anymore to request that they turn down their music they would have her arrested for harassment. She now calls the police department. Siro’s has bands playing seven nights a week. The Planning Board noted in one of their discussions that 70 decibels was an argumentative level. She invited Commissioner Carol Saunders, 1 Bingham Street, said she was representing the neighbors in her neighborhood. They do not want the duplex constructed in their neighborhood. She contacted the Mayor’s office about the area remaining as open space. They would like the City to purchase the land so that it could remain open space. 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Charles Morrison, 88 Court Street, said before the Council purchases any more land for open space, the bond act law requires that the Council develop and adopt criteria for the purchases. The advisory committee should develop criteria and make a recommendation to the Council. Purchasing land without this criteria has put a cloud over the purchases. He also pointed out the neighborhood parks was a strong recommendation in the open space plan, however, there has been no follow up to that recommendation. The Council needs to set some priorities before buying land in a random fashion. Peter Tulin, 40 Sarazen Street, said he believed that a supermajority vote was required on the bonding limit proposal. It is also subject to a permissive referendum and would become law on day 46. He asked what percentage of residents would need to sign the petition to get it on the ballot. He said the residents need to know that number. He also said there was some confusion with parking along Broadway. Some of the loading zones are marked as no parking between 9:00 a.m. to 3:00 p.m. while other loading zone signs do not list hours. Andrew Brindisi said the valet parking program which began this past weekend went well. He thanked the Council and City staff for their support and all of their work. He said there are 12 restaurants participating in this program. There was some confusion with the cost for valet parking and that will be reviewed. He said over the three nights there were nearly 60 cars who utilized the valet parking. Tim Grande, Director of Operations for Valet Parking America, thanked the City for the opportunity to provide this program in the City. He would continue to work with the City on any of the small issues pointed out this past weekend. There was good feedback from the people using the service. They have also offered their assistance to the police department to keep their eye out for suspicious circumstances. He said he was in this for the long term and again thanked the City. Al Tarkhammer, 158 Woodlawn Avenue, said the noise in the City is a quality of life issue. This ordinance needs to be supported by Commissioner Ron Kim and the police department. When developing the ordinance, the City needs to be specific on the decibel levels. There is state law that regulates the noise from vehicles to 50 feet. He said the motor cycles also fall under that law. This is a quality of life issue that needs to be enforced. Commissioner Thomas McTygue said he understood the guidelines for the Open Space group, but he suggested that purchasing lands in the city for parks was a good use. The City has not purchased any land within the City for recreational use. The Council has not purchased land in a random fashion. The Bingham Street area matter is a request from the neighbors which they have been talking about for years. The City should consider the Snack Shack on Congress Street and the Getty Station on South Broadway. These are important pieces of land with high visibility. It was unlikely that residents even knew that the City purchased the land along Route 50 heading towards Ballston Spa. These other parcels inside the City were high visibility parcels. Charles Morrison said he was not asking the Council to do anything other than what the law requires and that was to set priorities and criteria. Commissioner Thomas McTygue agreed that the open space committee needed to meet. Commissioner Ron Kim said he would recuse himself from discussing the Bingham Street parcel because it was very close to his home. Mayor Valerie Keehn said she would have Geoff Bornemann call Carol Saunders tomorrow on the Bingham Street parcel matter. Commissioner Thomas McTygue said that was not sufficient. He said everyone already knows that the City Planning Board has approved the project. He was asking that this parcel be brought before the open space committee for consideration. He is holding up the developer of this project because he is waiting for the open space committee to address the matter. Ray Nichols, 11 Martin Avenue, said he went to the Planning Board meeting last week and within a matter of 15 minutes he got all of the information he needed on this piece of property. Mayor Valerie Keehn closed the public comment period. 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 PRESENTATIONS Route 9P Bridge Replacement Project Erin Caruso and Jim Phillips, NYSDOT, made a presentation on the Route 9P Bridge Replacement project. Jim Phillips outlined the process that DOT is using to develop, design and construct the Route 9P bridge replacement project. He said they are looking at the existing conditions, project objectives, schedules, alternatives to the proposal, maintaining traffic during construction, cost, etc. They have done a scoping meeting, gathered public comments and developed alternative designs. It will then go to preliminary design, then draft design report, public hearing and then the final design report. From there the final plan with specs and estimates will be let for construction. This project is at the northern end of the lake at the outlet of Fish Creek, near Boatworks, the state boat launch and restaurant. The existing bridge is 600 feet long with no shoulders and a small pedestrian walkway. He then displayed photographs of the bridge and surrounding area. The bridge does not have the capacity for permitted “R” trucks. It needs more vertical clearance below the bridge depending on the time of the year. The bridge itself has had some erosion problems. There is a need for more pedestrian access, shoulders and a bicycle access. There are utilities both below and above the bridge that need to be factored into this project. He then showed photographs of the traffic congestion because of the recent regatta held there. There are wetlands to deal with as well. The current schedule is for the project to be let in 2008 for construction in 2009 ending in 2010. The estimated cost of the project is $10 million funded 80/20 (federal/state) They are currently reviewing the alternatives ranging from doing nothing to complete replacement. The proposals still remaining as alternatives are 3E, 4E, 5A and 5D. He then described those alternatives ranging from a new bridge to detouring traffic, other traffic impacts, utility impacts, cost, design of the project, etc. Mayor Valerie Keehn asked how much longer the public had to weigh in on this project. Erin Caruso said the deadline was August 1, however, they would still take comments. Mayor Valerie Keehn thanked them for the presentation. Neighborhood Preservation Ordinance Carrie Woerner displayed a map of the downtown area showing the areas of concern. The Saratoga Springs Preservation Foundation (SSPF) recently completed a survey in the historic districts. This survey identified a number of properties where there was significant deterioration of structures. The buildings highlighted in the material are the 12 buildings that they believe are worth saving. Commissioner Thomas McTygue asked for a list of those buildings. Carrie Woerner provided that list with photographs. She said these buildings are showing signs of structural failure. It is not basic maintenance such as painting that has placed these structures in jeopardy, but rather neglect. These building have missing roof sections, walls that are now tilting, broken windows that have not been repaired, etc. The proposed ordinance will provide the enforcement tools. She said many properties in the historic district have been well maintained, however, there are some that have had not been maintained. The buildings that have been neglected have a strong economic impact in their neighborhoods. It is documented that where these neglected buildings are located, assessed values are about 13 percent lower than similar neighborhoods. It is a quality of life issue as well as an economic issue. This ordinance does two things -- first it protects the City’s landmarks by requiring owners to maintain their buildings; second, it requires that before a building can be demolished the City has the right to inspect the structure. It also allows for the code administrators to inspect the structures, notify the owners of the issues and then gives the owners 540 days to remedy the situation. If the owners do not correct the problem, the City would then have the tools for court proceedings, fines, court ordered mandates and/or jail time. In some cases, not all buildings are worth saving. Those buildings that are now worth saving can be demolished, however, before demolition; they will be reviewed for potential historic value. There are other cities such as Charleston, Portland, and New Orleans that have this ordnance so this is no new ground. They are not talking about penalizing homeowners who are struggling to maintain their property. There are resources throughout this community such as Community Development, SSPF, Rebuilding Saratoga, etc., that are available with funding for those people struggling. This ordinance is meant for those property owners who are purposefully not attending to their buildings. There will be a workshop on this ordinance at the SSPF office on August 10. The ordinance is available on their web site. She respectfully requested that the Council consider setting a public hearing on this ordinance. 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Commissioner Thomas McTygue said that he wanted to be sure that the property owners who might be impacted by this ordinance were contacted about the public hearing. Carrie Woerner said that could be done. Commissioner Matthew McCabe suggested that the Council wait on setting the public hearing. Michael Englert said a local law should be introduced by a Council member. Commissioner Ron Kim said this new ordinance placed a great deal of responsibility on the City to police these properties. He said neighboring property owners should all be given the ability to address these issues on their own. It is difficult for residents because of attorney’s fees. He suggested that perhaps the loser of the lawsuit could be forced to pay all of the attorney’s fees. Commissioner Thomas McTygue said there is already a lot of laws and ordinances on the books. The issue is lack of enforcement. He questioned adding another layer. People are buying up these properties and this new ordinance will not stop them from buying the properties and then doing nothing. The issue is enforcement. He did not support this ordinance when former Mayor Michael Lenz presented it. The City isn’t enforcing the laws on the books now. There is a property on East Broadway that the City has been trying to address for three years. The taxes are so high in this City that property owners do not have the money to fix their homes. All property owners need to be made aware of this ordinance. He questioned whether property owners should be cited for minor issuers. Carrie Woerner only buildings with a significant amount of deterioration would be cited. Commissioner Thomas McTygue asked what would happen to the property owners who could not afford to do the repairs. Carrie Woerner said there are programs to help homeowners. She said that many of the buildings that are deteriorated are not owner occupied. Commissioner Matthew McCabe said that the City needs a policy on code enforcement where fines can be levied and than placed on their taxes. He said he did not want the City going after people who simply could not afford to do the work. The City needs to go after the absentee landlords The Council should hold a workshop on this matter. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the consent agenda as presented. 1. Accept Donations for the Visitors Center Multicultural Music Series: Marco Polo Homes $1,700 and Robert Davis $250 2. Approval of July 18 Council meeting minutes 3. Approve Budget Transfers – Payroll (Attachment A) 4. Approve Budget Amendments (Attachment B) 5. Accept Donations – Outstanding Athletes Banquet Concord Pools $1,000, Frost Architecture $200, Stewart ’s Shops $5,000, Allerdice $1,000 Ayes: four (Commissioner Thomas McTygue left the room) SUPERVISORS Cheryl Keyrouze Business showcase: The Business Showcase will be held on October 5. She will have booth at a cost of $190. She asked if anyone wanted to share the expense to please contact her. Hazardous Waste: She recently received a letter from a constituent who wanted to dispose of hazardous waste and there was no place to do so. The City is holding a hazardous waste day on October 7. She did talk to DEC and found that there are some other towns in the County that hold hazardous waste days. She is going to talk to the supervisors about doing a county wide event or to allow all residents in the county to go to any hazardous waste day. She also found that neither Washington or Warren counties hold hazardous waste days. She believed this should be mandated by the state and will work on that matter with the state. She will work with county supervisors on the possibility of a countywide waste day. 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Horse Park: There was a meeting on July 20 at the library which was not well attended, but the small group that was there was enthusiastic. She will continue her research and will be traveling to New Jersey and Kentucky horse parks. Ball Metal Container: She was contacted by a constituent on the emissions at Ball Metal. She met with the Ball Metal officials and toured the plant. She found that the cans are sprayed on both the inside and outside and then baked. The spray is a water base. The air emissions at Ball are monitored by DEC and EPA. The material goes through an incinerator. There is a vent on the second floor where some of the material is released through vents. It appears that everything meets the NYS standards. She noted that employees at the plant also where air quality measures on their uniforms. Joanne Yepsen Legislative issues: She reported that the water committee, racing committee, and law and finance committee will meet this week. The full board will meet on August 15. She said there would be some potential funding for agencies in Saratoga Springs through the Saratoga Racing Gaming Foundation. Interested agencies should contact her. The County also has funding in the amount of $1.5 million for Saratoga County residents for open space projects and they should contact her. She noted that she has a web site that she posts regular updates to and encouraged residents to visit the web site at www.supervisoryepsen.com. MAYOR’S OFFICE Authorization for Mayor to sign Licensing Agreement – Emergency Generators Tony Izzo said the agreement and map had been submitted to Council members. The map shows where the emergency generators are to be placed. This is not an easement but a licensing agreement. Commissioner Matthew McCabe asked if the City might be able to use this generator in an emergency. Mayor Valerie Keehn said it was worth having a discussion with the bank on that matter. Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the licensing agreement with the Adirondack Trust Company as presented. Ayes all. Capital Program – Set Public Hearing Mayor Valerie Keehn scheduled public hearings on the capital program for Tuesday, August 15 at 6:00 p.m. and Tuesday, September 5 at 6:30 p.m. There will be another public hearing scheduled at a later date and a public workshop. Extension of Contract for Behan Associates Mayor Valerie Keehn withdrew this item from discussion. Economic Development Loan for – Max, Restaurant and Bar Mayor Valerie Keehn withdrew this item from discussion. Ryan Biggs Contracts – Rip Van Dam Mayor Valerie Keehn said this item was tied to the Mid State Construction contract. Mid State to provide Construction Assistance – Rip Van Dam Michael Englert said he had been working with Mike Luce, MidState Construction, for the last 1 ½ weeks on obtaining a proposal from their company. A proposal was received yesterday morning for $50,000. He asked Mid State to develop a proposal with more detailed figures for the $50,000. Mike Luce that would send it this morning, however, he did not receive it. Therefore, the item should be pulled from the agenda due to the lack 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 of a contract. He said Mike Luce has cooperated with the City on the preparation work and it could be that because he is so busy, that he was unable to obtain all of the necessary information to develop a more detailed number. He said it is also a complicated insurance matter, because the City needs to have an insurable interest before the City’s insurance policy will cover this work. It could cost as much as $25,000 to obtain that insurance. Mayor Valerie Keehn said a number of things have changed since the Council initially discussed this matter. The City has cited him on the violations and the courts have reviewed the matter. It now appears that there should be a complete inspection of the building. Commissioner Matthew McCabe said when the Council first acted on this matter, it appeared to be an urgent matter. It does not appear to be as urgent now. He said the tenants in this building should be made aware of these issues. He did not believe there was imminent danger. Commissioner Thomas McTygue said there was an article in the newspaper this morning stating that the owner of the building may apply for a demolition permit. Michael Englert said the City has discussed the possibility of a demolition permit with the owner several times. However, a demolition permit will not be issued without first stabilizing the building and presenting a plan for future use of the space. Commissioner Thomas McTygue said it seemed simple – if the building owner did not proceed as directed by the courts, then he should be fined. Commissioner Ron Kim said that fining the building owner is an option. However, there should be a complete inspection of the building first. Michael Englert said there has been no determination made by any City personnel that the building should be demolished. There has been a determination that the building needs to be stabilized. Demolition is a possibility though but there is a process for demolition which the building owner has not initiated. Commissioner Thomas McTygue disagreed that no City official had not made the statement that the building should be demolished. He said that in fact, one of the code administrators had been on television making that statement. Michael Englert said there has been no determination that the building needs to be demolished. City personnel have made the determination that stabilization is the correct avenue. Commissioner Thomas McTygue said that the code administrators should go to the building and take a complete look. Marilyn Rivers said Ryan Biggs has been working since May 26 without a contract. Commissioner Matthew McCabe said the Engineering Department is paying for this. The City needs contracts in place before work is begun. ACCOUNTS DEPARTMENT Authorize Mayor to sign final expenditure for Fire Department Inventory Grant Project Commissioner John Franck announced the conclusion of the Fire Department Records Inventory Project that was funded by the State Archives and Records Administration. The City has received $6,190 to inventory fire department records and set up a record storage room. Items funded included: Part Time Clerk (worked 143 hours) 10 units of steel shelving Installation of a fire-rated steel door and lockset Shredder bags, file boxes Step ladder Portable workstation 3 units of steel shelving for the inactive records upstairs in the Public Safety Office 103 cubic feet of records were inventoried. 70 cubic feet were disposed, and 3 cubic feet were transferred to the City Historian 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 He thanked the Public Safety staff, particularly the Fire Department for their cooperation and assistance with this project. It is mandatory that a final expense report be filed with the New York State Archives in order to receive the final 10 percent of the grant funds. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the final expenditure report of the Fire Department inventory project. Ayes all. MSDS Program for City Hall Website Commissioner John Franck said that Risk and Safety Management will be working towards placing the City’s material safety datasheets on line with web access for all employees. The program will allow the City’s paper database of material safety datasheets to be copied to an online web system for all employees and a CD system, which will allow easy remote access for fire and police activities. It will also allow hazard label printing for NFPA Ratings and provide Personal Protection Equipment (PPE) standards for the City’s Hazard Communication Program. Mayor Valerie Keehn asked what was MSDS. Marilyn Rivers said this is information on all chemical used in the City. This program will allow for the sheets to be scanned into the system, linked to the City Hall web site and viewed by anyone accessing the City’s web page. This will also benefit the community. Return to Work Programming via Safety Committee Commissioner John Franck said Marilyn Rivers will begin exploring partnerships with each City department to develop and implement return to work opportunities via the City’s Workers Compensation Program. The purpose of the program includes the following:  Maximizing the health and well being of injured employees  Cost containment  Promotion of consistency of good work habits  Promotion of teamwork within department structures She will initially be partnering with Marcy Brydges, Human Resource Administrator, Finance personnel and other members of Safety Committee to determine the parameters of the City’s needs. Marilyn Rivers said that workers comp costs have been identified by the City’s insurance carriers as a place where the City should try to gain some cost containment. Both DPS and DPW have expressed an interest in getting their employees back to work. She will be working through the Safety Committee to assist workers and departments in meeting the goal of bringing employees back to work. Programs will be developed for each to manage the workers and costs. FINANCE DEPT Approve Payrolls Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: July 2 1, 2006 - $386,122.66 and July 28, 2006 -- $383,354.08. Ayes all. Approve Warrants Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2006 Mini Warrant 7/26/06 MC3JUL06 $ 45,385.53 2006 Regular Warrant 8/1/06 1/AUG06 $812,663.62 Ayes all. Bond Resolution – Amendment – Public Safety Facilities (06-141) Commissioner Matthew McCabe said this is an amendment to a previously approved bond resolution and only amends the definition of the $100,000 funding for DPS projects. It has been adjusted to allow for strategic 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 planning, cost benefit analysis and design of new public safety facilities including a new police station and/or a new fire EMS building. Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the bond resolution dated August 1 , 2006, which amends the definition for DPS facilities. Commissioner Ron Kim said it was important to recognize that a lot of time has been spent studying the need for both a police and EMS facility. There has never really been a plan but only a lot of deception in the past. There needs to be a cost analysis of what these facilities may cost and the only way to do that is to engage consultants. By adopting this bond amendment this evening will allow the City to move forward on this project. Commissioner John Franck said there was a report done several years ago on a police facility and asked if that would be of any value. Commissioner Ron Kim said it only studied the parcel behind City Hall. He said it was also important to address the City Courts needs. If the site behind City Hall is used, there may need to be a bridge between the two buildings which was never addressed. Commissioner Thomas McTygue pointed out that the actual expenditure of the funds will come back to the Council for further discussion. There are still many unanswered questions such as staffing these facilities and what will happen to the emergency corp. He said these items need to be addressed, but a site needs to be selected first. Studies inevitably end up sitting on the shelves in the vault. The Council already knows the City’s needs. Commissioner Ron Kim said there are too many unanswered questions and that is where the consultant can help the City. He said he did not know which the best location was. Commissioner Thomas McTygue suggested working with the Chamber. There are many alternatives. Commissioner Ron Kim said that could be done. He said there needs to be some consideration to the courts needs. It is likely that they will reimburse the City for some of the bonding, but there needs to be some research on the incremental costs of adding the court to the project. Commissioner Thomas McTygue said there is a lot of talent in the City that should be used. Commissioner Ron Kim said he would be happy to talk to those groups that could assist him. However, he wanted to move this project along. He said the site selection committee has narrowed down the locations to three. He now would like the consultant to review those three locations. Roll call vote: ayes all. Local Law Repealing Charter Section 11.2 Limitations on Bonding Capabilities and Enacting a new Charter Section 11.2 Limitation on Amount of Local Indebtedness which may be contracted (06-142) Commissioner Matthew McCabe said when reviewing capital projects, the City has a few choices – it can do nothing by keeping the bonding limit where it is, or increase the limit. If the bonding limit stays where it is, the Council could simply throw away the work done by last years and this years capital committee. This is not a vote to spend money. It is only a vehicle to allow the Council to set priorities. He was not endorsing any one project with this motion. Those decisions will come later. The Council needs to be responsible though and address this challenge. Commissioner Matthew McCabe said this local law changes the bonding limit from 1 percent to 3 percent of the City’s average full valuation. It is subject to permissive referendum which allows residents to raise objections within 45 days. The Council is not obligated to spend this money. This will require discipline on the Council’s part. He is considering drafting a debt management policy. He said that under the current 1 percent limit, the City has approximately $5.5 million available but under the 3 percent it would increase to $45 million. At 2 percent it would allow proximately $26 million. Commissioner Matthew McCabe then asked City Attorney Michael Englert if this required a four-fifths vote and how many signatures would be required on the petition. Michael Englert said that as a local law, this requires a majority vote because the City Council is not actually borrowing any money. When the Council actually bonds money, it would require a super majority vote, but this is a local law like any other legislation only it happens to be subject to permissive referendum. He said that 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 this local law is subject to a permissive referendum because it is changing a provision of the law relating to the authorization or issuance of bonds or other obligation and the petition must be signed by at least 10 percent of those residents who voted for the governor in the last election. Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adopt local law #4 of 2006 to repeal charter section 11.2 and enact a new charter section 11.2 as follows : CITY OF SARATOGA SPRINGS LOCAL LAW NO. 4 FOR THE YEAR 2006 “CHARTER AMENDMENT —LIMITATION ON AMOUNT OF LOCAL INDEBTEDNESS WHICH MAY BE CONTRACTED ” A LOCAL LAW TO AMEND the CHARTER OF THE CITY OF SARATOGA SPRINGS by deleting and repealing section 11.2 of Title 11 thereof, TAX DISTRICTS; BONDING LIMITS; CONTRACTS; ASSESSMENTS, TAXES AND USER FEES; RESERVE FUNDS, and replacing it with a new section, to provide for the limitation on the amount of local indebtedness that may be contracted not to exceed two per centum of the City’s average full valuation. BE IT ENACTED by the City Council of the City of Saratoga Springs, County of Saratoga and State of New York, as follows: Section 1. The CHARTER OF THE CITY OF SARATOGA SPRINGS is hereby amended by deleting and repealing section 11.2, “Limitations on Bonding Capabilities, ” of Title 11, TAX DISTRICTS; BONDING LIMITS; CONTRACTS; ASSESSMENTS, TAXES AND USER FEES; RESERVE FUNDS. Section 2. The CHARTER OF THE CITY OF SARATOGA SPRINGS is hereby amended by adding thereto a new section, to replace section 11.2 hereinabove repealed, to read as follows: 11.2 Limitation on Amount of Local Indebtedness which May be Contracted The limitation on the amount of indebtedness which may be contracted by the City for any purpose or in any manner, including existing indebtedness, shall be determined pursuant § 104.00 of the New York State Local Finance Law, except that such limitation shall not exceed three per centum of the City ’s average full valuation. Section 3. Local Law Subject to Referendum on Petition . Pursuant to § 24(2)(e) of the New York State Municipal Home Rule Law, this local law is subject to a referendum on petition if duly filed with the Commissioner of Accounts within forty-five days after its adoption. Section 4. Effective date . Unless there be a petition protesting against this local law filed pursuant to § 24 of the New York State Municipal Home Rule Law, this local law upon its filing and publication in accordance with § 9.4.3 of the Charter of the City of Saratoga Springs, New York, shall take effect on the forty-sixth day after its adoption. Commissioner John Franck said that fiscal prudence was needed. Saratoga Springs is doing far better than many other cities but interest rates are high, gas is up, there is a war, etc. Borrowing money equals raising taxes. This would be an open line of credit. This is similar to taking out a huge mortgage. It is putting the cart before the horse and he is very concerned. With a possible new form of government, this could all change. This is the wrong thing at the wrong time. He said “if it ain’t broke, don’t fix it.” The bottom line is that is that this is an open checkbook Mayor Valerie Keehn said there is no other choice. The Council needs to address its bonding limit. Frequently in the capital program committee meeting, Marilyn Rivers repeatedly notes that the capital items need to be addressed because of insurance issues. Commissioner John Franck said the City is not obligated to construct a new facility. Mayor Valerie Keehn said based on available bonding, if one or two of the construction projects were completed there would be no funds for equipment, infrastructure upgrades or the recreation facility. 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Commissioner Matthew McCabe said there is a little more than $5 million available for bonding. Commissioner John Franck said this is a $63 million line of credit and with the existing economic market it was a concern. Commissioner Matthew McCabe said that with the possible change in the form of government this needs to be considered. Commissioner Thomas McTygue said everything could be different next year if the form of government is changed. He said we did not know if there would be wards or at large representatives. If wards are used, they could be pitted against one another. Commissioner Matthew McCabe said no matter what type of government is in existence next year; this issue still needs to be addressed. A new form of government does not throw away the needs of the City or the obligation of the officials to address this matter. Commissioner Matthew McCabe said this was a tough decision to make, but it was the right decision no matter who is in office. Commissioner Thomas McTygue said this proposal is due to the failure of past administrations to address the needs of the City. He said when Congress Park needed work, it took 12 years of saving money each year to do the work. The National Grid building on Weibel Avenue will be turned over to the City in the next two or three years – that took planning. Now due to the lack of administration in DPS, we need to raise the bonding limit. The funds should have been set aside. Commissioner Ron Kim said Commissioner Thomas McTygue was a good administrator and very good at long range planning. However, he did not have the luxury of 12 years to save funds to construct these facilities. Commissioner Thomas McTygue said Commissioner Ron Kim should identify a site first and then come back to the Council. Commissioner Ron Kim said that adopting this local law this evening did not expend any funds. Council members will still have that choice to fund or not fund these projects. These were not outlandish projects. Because of past failures, the City has these needs that need to be addressed now. The Council will still be able to vote their conscious on these projects. This bonding increase will not expend the funds tonight. If the bonding limit is not increased, these needs will not be able to be addressed. Right now the City does not have the ability to even discuss these projects. Commissioner John Franck said the police, EMS and recreational facilities could potentially add up to $25 million. Commissioner Ron Kim said it was not his intention to spend those kinds of dollars. Commissioner John Franck asked why then the bonding limit would be increased to such proposed limits. Commissioner Thomas McTygue asked why it was necessary to go to $60 million. Commissioner John Franck said increasing revenue lines needed to be looked at. Commissioner Matthew McCabe said that Commissioner Thomas McTygue has been requesting this increase for some time now. He brought this local law forth based partially on Commissioner Thomas McTygue desire and support. Passing this local law did not expend the funds. This will create a more flexible and responsible process to meet the City’s demands. Commissioner John Franck said that inevitably, residents’ taxes will go up dramatically over the next few years because of this increase. Commissioner Ron Kim said the increase in taxes will be debated at the Council table. Commissioner Thomas McTygue suggested changing the bonding limit from 3 percent to 2 percent. Commissioner Matthew McCabe said he looked at that option and that was not his recommendation. Bill McTygue, Director of Utilities, said that everyone realizes that when they send their requests to the capital budget committee, many of the items are “wish” list items. Those items are then pared down to the realistic financial realities of the City. There is a six year capital program. In the end it is the Council that determines what the City can afford. Some requests make the cut, while others don’t. DPW has accomplished a significant amount of work over the years by setting aside funds each year. Commissioner Matthew McCabe said the issue is not the 2 or 3 percent, it is the discipline that will be necessary by Council members. 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Bill McTygue said the reality of the general budget and its day to day operations, it was going to be difficult to keep up with inflation and the departments were going to have a tough time. Departments are going to be submitting their budget requests for the general budget and will need to make their “pitch” for what is needed. Departments have general operational needs that are not being met. He said if the Finance Department was going to tell the Departments that the City cannot afford the basic needs then it would be difficult to justify the capital needs. Commissioner Matthew McCabe said that capital and general budgets were two separate entities. Bill McTygue said he has many part time employees at 40 hours and cannot make them full time and offer them benefits because of the costs. It’s troubling to him that the City cannot keep up with their current commitment for staff and facilities and now the City may take on additional debt. Commissioner Ron Kim moved and Commissioner Thomas McTygue offered a friendly amendment for the local law to be amended to 2 percent of the City ’s average full valuation. Commissioner Matthew McCabe asked if Commissioner John Franck would support 2 percent. Commissioner John Franck said the existing $5 million available for bonding will grow with the larger tax base, additional revenue, etc. These proposed facilities will not be constructed within the next two or three years, therefore, by the time they are constructed; there will be larger pools of money. If the City opens this line of credit, it will get used and taxes will go up. Michael Englert said local laws are required to be on the desk of the Council at least seven days prior to enactment. Case law states that as long as proposed changes to the law are not substantial they can be adopted. He said going from 3 percent to 2 percent was a judgment call, but he did not believe that it would require another public hearing. Ayes: four; Nays: one (Commissioner John Franck) on amend ed motion . Motion carried. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to adopt the local law as amended. Ayes: four; Nays: one (Commissioner John Franck). Motion carried. DEPARTMENT OF PUBLIC WORKS Council Approval – Budget Amendment – Purchase of Light Globes for Broadway Approval of Expenditure of Capital Reserve Money Commissioner Thomas McTygue moved and Commissio ner Ron Kim seconded to approve the budget amendment to spend the funds from the Niagara Mohawk refund reserve account for the purchase of three dozen decorate street light globs for Broadway. This amendment will be in the amount of $6363 and will increase revenue line number A012-40000. Ayes all. Noise Ordinance Commissioner Thomas McTygue said it was time to review the noise ordinance. The noise from the bands simply rocks the downtown area. He said it was not necessary that bands be so loud. The loudness of the bands does not help the quality of life. Commissioner Ron Kim said he has discussed this matter with the police department. Since the beginning of the summer, there have been nine complaints on noise. The police department has checked out each incident, however, noted that the noise ordinance is a subjective ordinance. He said the City does not have the equipment to measure decibels levels. 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Commissioner Thomas McTygue suggested that Commissioner Ron Kim check into the state law on the noise coming from vehicles and the noise from motor cycles. Tony Izzo said the City could purchase decibel readers, but that would require that staff is trained to use the equipment and that it is calibrated periodically. Athletes Banquet Commissioner Thomas McTygue said the Athletes Banquet will be held on November 22 at the City Center. There will be approximately 200 athletes honored that evening. It will be catered by the Old Bryan Inn and they anticipate between 600 and 800 people attending. They have met their budgetary obligations through donations. A program will be printed and sold with the funds going to the booster clubs. He said this was a great honor for such a small community to be able to do such an event. Water Treatment Plant – Change Order Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the following change orders: 1) time extension only for contract 1D for Stilsing Electric Company for the Water Treatment Plant Disinfection System. No financial implication , material issue. Ayes all. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the following change order: a change order in the amount of $5,698.75 for contract 1A for Blue Heron Construction Company for the water plant disinfection system. Ayes all. Engineering – Air Conditioning – Change Order Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve change order #1 in the amount of $37,986 for air conditioning in the remaining south end of the City Engineer ’s Office. Funding has been secured for this project. The money is within the budget in a variety of line items. Ayes all. Open Space Commissioner Thomas McTygue said the Council owes it to the residents of this City to listen to their concerns. The residents on Bingham Street and the developer have been talking about this matter for quite some time. He asked that the open space committee review this parcel, the Getty Station parcel on South Broadway and the Snack Shack parcel on Congress Street. All three of those parcels would be good acquisitions for the City. He said the owners of the Getty Station parcel may be more receptive to selling now that they were losing a portion for a right of way matter. He said that the prior Council was negotiating with the owners, however, it fell through. Mayor Valerie Keehn said they have tried to organize a meeting of the open space committee but because of the summer activities it was difficult. It was her understanding that the committee had discussed all three of these parcels and the Bingham Street parcel was not on their recommended list. Bill McTygue said the Council needs to understand the needs of the neighborhoods and those needs deserve to be addressed. The City has spent large pools of money on these larger land acquisitions and now it was time to focus on the small parcels. They deserve equal attention. The Bingham Street parcel is a good example of how a small parcel could impact a significant number of residents. This is a reasonable request. He said that it was his understanding that Jeff Olsen supported this project. It needs to be addressed and brought back to the Council for discussion. DEPARTMENT OF PUBLIC SAFETY Fingerprinting Ordinance (06-143) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to adopt the Fingerprinting City Personnel Ordinance as presented. Ayes a ll. 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 1, 2006 Repairs for Police Department Commissioner Ron Kim withdrew this item from discussion. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:05 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at p.m. Respectfully submitted, Kathy Moran Clerk Approved: 14 of 14