City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 21, 2007 5:55 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 James Brophy, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney PUBLIC HEARINGS Julian Way – Parking Mayor Keehn this is a public hearing is to discuss the proposed amendment to Chapter 225 of the City Code entitled “Vehicle and Traffic” to prohibit parking on the west and east side of Julian Way between Crescent Avenue and East Ridge and on Rose Ridge Court on the inside rim of the circle. Mayor Keehn opened the public hearing on parking on Julian Way. Commissioner Kim said that when cars are parked in these areas, emergency vehicles can’t get through. There being no discussion, Mayor Keehn closed the public hearing. Greenfield Avenue & Woodlawn Avenue – Stop Signs Mayor Valerie opened the public hearing on stop signs on Greenfield and Woodlawn Avenues. There being no discussion, Mayor Keehn closed the public hearing. Church Street Reconstruction – 2007 Capital Budget Amendment Mayor Keehn said the project involves a total reconstruction of the portion of Church Street from West Avenue to van Renssselaer Street with primary funding (80%) coming from State Department of Transportation grants with a local City share contribution of 20%. Improvements include a new traffic signal at church and Myrtle Streets, new turning lanes, construction of a new sidewalk along Myrtle Street between Division and Church Streets and water main replacement. Mayor Keehn opened the public hearing on the 2007 capital budget amendment for the Church Street Reconstruction. Matt Jones, Attorney representing the Saratoga Hospital said that the Council first examined this amendment in November 2006 as a proposal of the capital budget but could not move forward because state and federal funding did not line up. He said that the State and federal governments have now made funding commitments for the 80% and the 20% will be split between the hospital and the city, working out to an estimated $141,000 each. The timing of this works well for both the city and the hospital because the hospital has received the certificate of need for its emergency room expansion which will take place in the near future. He thanked the City Council for moving this forward. City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 Commissioner McTygue said there has been concern about the need to re-surface Myrtle Street but no work will be done until the Myrtle Street phase of the project is completed. There being no further discussion, Mayor Valerie Keehn closed the public hearing. 2008-2013 Capital Programs Mayor Keehn reminded members of the audience that there were handouts available that included the top 25 proposed capital projects for the 2008-2013 program periods ranked by revenue, and three sheets of expenses by rank for the entire 6-year capital program period. She said the entire proposed Capital Budget is available for public perusal in the Accounts Department. Mayor Keehn thanked the staff of the Office of Planning and Economic Development and IT for putting together the capital budget presentation. She introduced Jackie Hakes, Principle Planner, who helped create and operated the automated presentation. Mayor Keehn said the capital program is a multi-year funding program for major infrastructure projects and other big-ticket items. Guided by the City Charter the capital budget covers a six-year period and includes capital projects that are prioritized and ranked by the committee. Funding sources primarily come from bonds. She said the 6 year proposed program was developed through the Capital Program Committee established by the City charter to include the Mayor as chairperson and the Deputy Commissioners, the Deputy Mayor, the Directors of Finance and Public Works, the Administrator of the Office of Planning and Economic Development, the City Engineer, the Risk and Safety Manager, the Recreation Director, the Planning Board Chairman and the Director of Parks and Administration. Each committee member brings projects to the table which are evaluated, prioritized and ranked by the committee. Mayor Keehn said that in the proposed capital budget, the average cost per department in millions is .17m for the Mayor’s Department; 7.23m for Public Works; 17.93m for Public Safety; and .46m for Recreation bringing the total capital budget to 25.79m.She said the bulk of the expense comes in 2008 because that is when the money for the DPS facility is proposed to be bonded. The top ten projects for 2008 are: 1) New DPS municipal facility; 2) Eastside EMS facility; 3) Lake Avenue Fire Station Repairs; 4) West Avenue Fire Station repairs; 5) City Public works Garage Rehabilitation; 6) Security Systems on City Property; 7) S/E Storm Drainage Improvements; 8) Jefferson Street Sanitary Sewer/Infrastructure; 9) Vanderbilt Avenue Storm Drain infrastructure; and 10) Water Treatment Plant Emergency generator. She said that item #13 is a new telephone system; #20 is Waterfront property redevelopment; and item #25 is the long-term water supply plan. Mayor Keehn said the goals of a capital program are to meet current and future infrastructure needs and to enhance the quality of life for city residents. Mayor Keehn said that the public safety facility is number one because of the need, primarily based on response time issues. She said that generally, a first responder should arrive on an emergency scene in less than five minutes after the first call; a nine minute arrival yields a 1:15 chance of survival. The chance of survival increases as the response time decreases. The presentation included a map of the City showing a clustering of response time to various points of the City, many of which were over 6 minutes east of the Northway. Commissioner Kim said that as the community continues to grow to the outer districts it becomes harder for the city Fire Department to reach those areas in a timely manner. Mayor Keehn said that the average bonding by a municipality is 2% of the five-year average of the assessed value of the property in that municipality, and the average assessed value of property in Saratoga Springs from 2003-2007 is 2.49 billion dollars, giving the City a bonding capacity of 49.81m, but with outstanding debt of 23.8m, the City’s current available bonding capacity is 26.1m. All 25 projects could be bonded for 22.1m leaving the City with the bonding capacity of $4m until 2030. She said that the city’s bonding capacity can be increased by increasing total assessed value and by paying down current bonded debt. Mayor Keehn said that the impact of the capital budget on taxes for the owner of a home assessed at $200,000 is an increase of $106.00 per year; and $159 per year on a home assessed at $300,000. She cautioned that these figures are from the inside district and do not include the impact of the General Fund budget. She said that in summary the city has a limited bonding capacity and the city’s current needs must be carefully balanced with future needs. Mayor Keehn said that there is a public discussion set for 7pm on August 28 at the Public 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 Library and a public hearing on September 4 at 6:15 pm. She said that more public hearing would be scheduled if deemed necessary. Mayor Valerie Keehn opened the public hearing on the 2008-2013 capital programs. Charlie Morrison, 88 Court Street said it is disconcerting that after all these years the water project is still ranked as a very low priority yet in 1988 the DEC said that Loughberry Lake should be replaced. He understands there is some progress, but lawsuits are not over and permission to access property to do archeological studies has not been granted so perhaps the priority set is as it should be. He said that several years ago the city rejected a chance to partner with the Saratoga Y for $25,000, but if the Y is still interested, this option should be examined; the city could use recreational facilities at the Y site and a facility on Weibel Avenue. Charlie Morrison suggested breaking the costs of the police station down by expenses per year instead of budgeting the whole $17 million in 2008 because there is no firm site yet. He suggested using the site behind City Hall for the Police Station because there are ways to use the Woodlawn Avenue site that are more pertinent to the civic needs of the city. Wilma Koss, 160 Kaydeross Park Road said when the limit of capital spending was raised, the public was told the money did not all have to be spent, but that is the proposal for the capital program. She suggested not wasting money on design without having public meetings first. She has a problem with the fact that the public does not have a direct vote on the proposed projects or capital program and that alone might be a good reason to consider a change in the City’s form of government. Lew Benton, 29 Thoroughbred Drive said he is a member of the Public Safety Capital Committee and former Public Safety Commissioner and in May of 2006 Commissioner Kim made a presentation to the City Council articulating the needs perceived by the committee that included the expertise of a team of consultants. In September 2006, the City Council adopted a 2007 capital program that included an appropriation of one million dollars to move the public safety facility to the next step. Only $100,000 of this was used, so the amount of $17m proposed for 2008 could be reduced because it includes soft costs, some of which have already been appropriated. He said the police are currently using a facility originally built in 1888 as a state court and police station when the police force consisted of 7 officers and one chief and it has been only slightly modified since then. There were 27,000 calls for service in 2006 and the facility is unable to meet state fire codes, was cited by the city’s insurance carrier and does not meet OSHA standards. The question is not whether we should build, but when. Lew Benton said that the proposal includes City Court facilities because the city has a statutory obligation to provide City Courts, which are so busy that they are expanding to two full time judges. It is possible to reduce the bond service somewhat because the NYS Office of Court Administration will help subsidize interest to any bond obligations or debts in proportion to the amount of space that the court occupies. He implored the City Council to take action now because no one should have to work in such an unsafe and inadequate environment. Keith Kaplan, 67 Staffords Bridge Road said that if the projects are started in 2008, the city is then obligated to continue and the plan calls for 67 million dollars, and he is not sure how the city gets the other 44 million dollars called for in the 6-year plan if its capacity is only 23 million dollars. Commissioner John Franck responded that the only way to make the numbers work is to increase the city’s bond limit to 4% even going with a 3 million dollars rolling average. The city had a 1% bond limit for years and he has not supported increasing the city’s bond limit. Commissioner Kim said that when the city had a 1% bonding limit, it did not work because the city never addressed its infrastructure needs and that is why we are currently facing the numbers presented tonight. He said the collapsed bridge in Minnesota is an example of the failure of a community to address its infrastructure needs. The prior administrations did not want to spend the money so it is clear that the 1% rate bond limit did not work. He said that the City of Saratoga Springs has the lowest bonding rate in New York State, which means that the government does not pressure its taxpayers, but there are not ample facilities to address the emergency needs of the community. The city’s current emergency resources are stretched to the limit, so the City Council is in a predicament created by the tendency of prior administrations to ignore problems and needs. He said that the county has a 20-year old public safety station but has just budgeted 17 million dollars for a new facility yet the city has a 100-year old station and it is absurd that we are debating whether to build a new one because of a bonding rate. Most communities in New York state have a bonding rate between 3 and 5%; the maximum allowed is 7%; it will take between 3% and 5% for the city to accomplish its proposed program. 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 The City Council should not continue to ignore the City’s needs that have been brought about by growth and change. Keith Kaplan, 67 Staffords Bridge Road suggested that the City Council should let the public know exactly what the impact of the approved budget would be on taxes, debt structure, and debt rating because once the 2008 money is spent, the City is obligated to continue the projects and spend the money. He said that the public safety facility should not be on Woodlawn Avenue because of the extreme traffic congestion currently existing in that area and because it is a downtown historic district with a large influx of tourists so the building would be more expensive to build due to its location and subsequent requirements. He said the Excelsior Avenue location solves the traffic issue and would be cheaper because the location allows it to be a more basic building. Bob Edwards, 36 Piping Rock Circle said he has been here 37 years and owns Spa Steel Company. He said that old buildings are money pits and asked if moving city hall into the new facility was considered. Commissioner Franck said the building would have to be over 100,000 square feet to accommodate what is now in City Hall so no money would be saved. Bob Edwards said that if the city went with lease-back creative financing, it would not affect the bonding rate and if the finished product meets the city’s and taxpayers’ needs, it is often the most cost effective and least expensive way to go. He said he has worked with many contractors and it is important to consider the credibility of the players. He commended the City Council for taking a careful and broad look at their options. Richard Sellers, 69 Hyde Street asked the council to present the math a manner simple enough for the general public to comprehend. He said the need is understandable, but it is not clear to the well-read or the general public what exactly is being proposed to build, the specifics of the plan. He said this is a poor time of year for public hearings and information sessions because many people are too busy or away on vacation. Commissioner Kim said that the two projects considered by the committee chaired by Lew Benton were the East Side EMS Facility and the Public Safety Station and they conducted a lot of research, held all but one meeting open to the public, and worked with two consultants considered to be specialists in Public Safety buildings. He said the committee and consultants were essentially charged with the feasibility study and they wanted to be sure that the numbers the Council would be required to budget were solid. The committee’s feasibility study did not result in a design, only in conceptual costs. The two consultants, BBL and Labella did estimate the cost to renovate the current facility to code and department needs and found that renovation would cost more than new construction. He said the final product was a proposal to build an inner-City Public Safety station including the Police and Courts on either the site behind city Hall or on Woodlawn Avenue. There was also an alternative proposal for another city building to be at the old bowling alley or on Excelsior Avenue and although construction on those sites would be less expensive, the issue is land acquisition. The city owns the Woodlawn Avenue lot and the lot behind City Hall; an EMS facility was also proposed for a site off Route 9L at an estimated cost of $4.6m. Mr. Sellers said that his concern is the lack of awareness of the general public on the specifics of the outcome of these projects because it is not known whether the proposals are for elaborate high end facilities or a basic structure that meets the department’s needs and functions. Commissioner McTygue suggested that Commissioner Kim consider bringing a proposal to the Council table to temporarily alleviate the crowded conditions at the station by leasing space elsewhere for the Investigators. He said he has spoken with law enforcement personnel from other communities and the idea works for them. Commissioner Kim said cost is an important consideration, but he would look at alternative space, but personnel should not be divided because of the requirements for emergency response. Chief of Police, Edward Moore said he appreciates the suggestion but since investigators often interact with patrolman, it would not be practical to divide two factions that are integral to each other into two separate facilities and expect them to conduct business efficiently. There have been issues with this facility throughout the 32 years he has been working here, the building is almost 120 years old and something needs to be done. Police personnel deserve better working conditions, sexual assault victims deserve a private interview room and defendants deserve to be brought to and from the lock-up without tripping hazards. He said that the Investigative Division is segmented into precincts in New York City, Albany and other areas but it would be a functional disaster for Saratoga Springs. 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 John Franck said that the Council approved general obligation bonds of $1.6m in 2002, 0 in 2003, $3.7m in 2004; $4.2m in 2005; $8.3m in 2006 and $9.2m in 2007 and during this time, the City’s bond rating has decreased, but in 2008, the proposed bond rate is for $26m, $17.6m in 2009 and $20m in 2010. He said there are revenues to offset some of the expense but the additional expenses it will take from the City’s general operating budget to run the facility is not being considered and it will be far more than 3 million dollars. If the City goes forward with this spending plan the Council will not have to worry about infrastructure needs and a lot of people in City Hall will not have to worry about their jobs because we will not be able to pay them. Those increases presented tonight are going to be set in stone for the next 25 to 30 years; we are mortgaging our children’s future. He said there are cheaper alternatives but with this plan, the city will not be able to take care of its basic needs. He suggested moving DPW to another location and giving the whole downstairs to the Police. He said if we had a strong Mayor form of government, this plan would have been passed; but the current form might stop it before it is too late. The Council must look at these numbers because the city cannot afford this as proposed; if a renovated or new Police Station is needed let’s do it for 7 or 8 million dollars, not 17 million dollars. Commissioner McCabe said he agrees with Commissioner Franck in terms of holding on to the bond limit, the bond rating. The city borrowed well this year in the market and did go to 2% which is where the city needed to be in terms of previous projects. He said the city has been facing the infrastructure problem for a long time. His office is examining the revenue side of this issue and this will not move forward with or without bonding without a discussion of revenues; revenue expansion outside of bonding must be considered in order to meet the future needs of the public. The lease-buy back option must be considered. He said that discussion must be moved forward, and he will have more thoughts on the RFP and revenue options at the next meeting. Commissioner Kim said that the issue of renovation was assessed by consultants experienced with historical buildings and their estimate was between $16.9m and $18m to refurbish the building sufficient for the needs of the Police. He said that renovation costs are elevated because it involves historic preservation, asbestos abatement, security issues, and the ADA requires that even if a building is exempted through grandfathering, if over a certain percentage of the building is renovated, all ADA issues must be addressed and brought into compliance. He said the growth of the city has effected the Court system as well as City operations, and an extensive assessment was done because of the needs of the courts; the Office of Court Administration has strict guidelines that the city must comply with regarding provision of courts and currently the city is not in compliance, and the OCA will eventually require us to come into compliance. Commissioner McTygue requested a list of the items that the Court claims the city is not in compliance with. There being no further discussion, Mayor Valerie Keehn ended the public hearing but stated that the public hearing would remain open until September 4. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. with the Pledge of Allegiance. MAYORS DEPARTMENT Proclamation – Stampede Baseball Team (07-143) Mayor Valerie Keehn said in recognition of the achievements of the members of the Stampede Baseball Team and their coaches, she is issuing a proclamation, and read the following: PROCLAMATION CITY OF SARATOGA SPRINGS WHEREAS, the City of Saratoga Springs has always been proud to recognize those gifted and dedicated young citizens who distinguish themselves on our athletic fields. In 2001, a group of 14 young ballplayers from the Babe Ruth All Star Team was organized into the Saratoga Stampede, a hard-working energetic and consistently winning team that has gone on to tremendous success, and WHEREAS, the Stampedes ’ achievements have won the attention and admiration of fans, sportswriters, and college coaches. They have won Babe Ruth, Mickey Mantle, and American Legion Championships. Their records for 2006 and 2007 place them among the top 10 of the 228 New York American Legion Teams, and their combined 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 80-20 record is the best winning percentage for such teams. Their annual invitational attracts more than 1000 young players every July, and recently the Kansas City Royals announced that they would hold tryouts at the East Side Recreation Field for High School and Legion players. Stampede players have gone on to play on college fields at Albany, Plattsburgh, Hudson Valley, Union, Francis Marion, Springfield, Siena, MCLA, Franklin Pierce, Castleton, RPI, St. Rose, and the U.S. Naval Academy. Through it all, the Stampede has represented us with enthusiasm and an overwhelming love for the great game of baseball, NOW, THEREFORE, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join my fellow Saratogians in congratulating the players of our own Saratoga Stampede, their coaches John Recore, Duane Brown, and Art McDonald, and their manager, Paul Mound on their great record of the past seven years, and to wish them the very best of luck as they continue to bring honor and recognition to their team and to our city. Paul Mound, Manager of the Stampede Baseball Team thanked the Department of Public Works, the City Council, and Recreation Commission for their assistance in the development of the program. He said he has a roster full of talented players, many of whom were picked for the opportunity to continue to play baseball on college scholarships. He acknowledged and thanked the members of the Stampede for their hard work including Coaches Duane Brown, Art McDonald and John Recore and team members Kyle Baldani, Andy Brown, Neil Callahan, Mike DeGregory, Brad Elliott, Vincent Farfaglia, Chris Hackett, Zach Hartman, Jeff Mound, Kenny Recore, Levi Washburn, Ryan Washburn, Ryan White, Justin Wilock, and Travis Wilson. PUBLIC COMMENTS Mayor Valerie Keehn opened the first public comment period. Remigia Foy, 95 Oak Street thanked Commissioner Franck for his candid and honest comments on the City’s bonding indebtedness regarding the proposed capital budget. She said that the numbers presented by Mayor Keehn in the chart as the impact on taxes per assessed value of property did not include the impact on taxes of the General Fund budget, and she would like to see more accurate numbers shared at the next meeting. She said other neighboring municipalities are facing the same problems as our city; the Council should consider that the Town of Saratoga is building an emergency station east of the Northway, on the other side of the bridge. It might be able to help solve some of our problems. She urged the Council to be discerning enough to separate its desires from the necessities. David Bronner, 5 Royal Henley Court said he is concerned about discussion regarding the city’s use of the Saratogian lot, particularly the discussion of eminent domain proceedings. He said the newspaper has been downtown 152 years and the community needs a newspaper located downtown to serve as a watchdog. He urged the City Council to disregard eminent domain proceedings against the Saratogian. Mr. Bronner also questioned why consideration is being given to two Recreation facilities instead of one facility at the DPW garage location with the current DPW garage relocated to Weibel Avenue. Ken Ivins, 50 Outlook Avenue complimented the Mayor on an effective capital budget presentation and asked if the Capital Budget presentation and the proposed capital budget could be on the City’s Website along with Commissioner McCabe’s revenue ideas. Mayor Valerie Keehn said that staff is working on posting this information on the Website as soon as possible. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATIONS There were no presentations. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 1. Approval of Minutes – August 7 2. Award of Bid – Truck Tarping System – T&T Sales $1,913 .00 3. Approve Payrolls: 8/10/07 $448,1 87.89 8/17/07 $429.117.08 4. Approve Warrants: Mid MC2AUG07 $ 77,812.86 General MC1AUG07 $325,2 18.87 Ayes all MAYORS DEPARTMENT Local Law to Increase Downtown Special Assessment District Membership Mayor Keehn said at the last City Council meeting there was discussion about increasing the number of members of the Downtown Special Assessment District. The City Attorney researched this and created proposed local law to increase the number of members from 9 to 11. Mayor Keehn said she spoke with Tim Mabee, President of SAD and he is available to discuss this with her after Labor Day. Mayor Valerie Keehn requested that a public hearing be set for September 18, 2007 at 6:50 p.m. Accept Donations – Multi-Cultural Concert Series Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the following donations for the multi-cultural concert series: Adirondack Trust Co, $500; Forward Ventures dba Ben & Jerry’s $250; Inn at Saratoga $250; Downtown Busi ness Association $300; The Mom ’s Club $200 Ayes all Accept Donations for Heritage Day Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the following donations for the Heritage Day program: Saratoga Springs Kiwanis $25; ITAM Vets Post 35, $5; VFW Post 420 $50. Ayes all. ACCOUNTS DEPARTMENT Saratogian Parking Lot Commissioner John Franck said that the Mayor met with Frank McGivern, Publisher of the Saratogian Monday and he and Commissioner McTygue met with him today. They reviewed the history of the parking lot: The May 1981 minutes of the Urban Renewal Agency stated that if the Saratogian bought the parcel, there would be 69 parking spaces open to the public. In June, 1981 at a City Council meeting, Attorney Mike Toohey represented the Saratogian and stated they would pay $50,000 for the property, do about $40,000 worth of improvements and there would be about 69 parking spaces available to the public and to the Caroline Street merchants. In 1985 Gannett bought the paper and they closed the parking lot down to the public claiming they had no legal obligation to continue providing public parking since it was not in their deed, and except for some paid parking options, the lot has been closed to public parking since then. In 1998, General Registry purchased the Saratogian along with the building and the lot. He understands that corporate headquarters are not interested in selling or leasing the lot but the City is seeking an opportunity to use the lot for parking. Commissioner Franck said there are other lots that the City uses and maintains and would work out a similar arrangement for the use of the Saratogian lot. Commissioner Kim said his department looks differently at this because Caroline Street is becoming a riotous party area at least six months of the year and having a mix of businesses other than bars in this area helps calm the atmosphere. Mayor Keehn thanked Frank McGivern for meeting with them and said she hopes discussions will continue. Commissioner McTygue said he has been frustrated with the inability to use the lot for years, but he never supported the Urban Renewal sale because the Putnam Street buildings were structurally sound and could have been saved. He said the lot is frequently less than half full and he would like to work out a way to use the space. He asked about air rights to build a parking deck over the lot which could improve and expand the use of the space considerably. 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 Frank McGivern thanked everyone for meeting with him and said the location of the paper downtown is important, to be able to feel the pulse of the City. He said the meetings were productive and going forward they are interested in hearing anything the City proposes, but they want to table discussion until after election when they know the identity of the next administration. He said they want to be good neighbors and he looks forward to further positive discussions. FINANCE DEPARTMENT Budget Transfers – Payroll, Regular & Benefits Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers as previously distributed . A budget transfer moves appropriations from one line to another; it does not increase the original budget. The following transfers are listed separately per the budget transfer policy , and have all met the transfer guidelines and the availability of funds is certified : Payroll: There are 12 transfers to or from General Fund payroll lines with a net total of $14,725.96 Regular: There are 49 transfers to or from other expense lines in the General Fund and the Debt Service Fund with a net total of $301,213.42. The majority of these are to re-align the debt service fund for the 2007 requirements. Social Security: there are 2 transfers to or from Capital Fund social security lines to cover the social security costs in the Waterfront property project with a net total of $527.98. (Attachment A) Ayes all Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments 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 all met the amendment guidelines and the availability of funds is hereby certified . There are 23 Budget Amendments to the General, Water, and Sewer fund budgets totaling $24,012.76 including : Reimbursement for gas sold to the Saratoga County nurses in the amount of $1,667.43; memorial bench purchases in the amount of $1,109; Capital Reserve funds appropriated into the budget per 8/7/07 City Council meeting vote totaling $17,500; fees secured by the Public Safety Department for extra Fire Services totaling $2,911.37; and miscellaneous uncashed checks in the amount of $824.96. (Attachment B) Ayes all Transfer – City Center Contingency Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the 2007 Budget Transfers-Contingency as 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 . This transfer, in the amount of $2,600, is from the City Center Fund Contingency to City Center Fund expense lines for office equipment and equipment rental as approved by the City Center Authority. For clarification, these transfers are within the City Center Fund and they have nothing to do with the general fund budget. The balance remaining in the General Fund Contingency for the City Center is $30,795.50. (Attachment C) Ayes all 2008 Budget Commissioner Matthew McCabe said that budget call letters were sent out on June 29th asking that all requested budgets be submitted to the Finance office by August 8th; and as of August 21st all of them have been received. Each department will receive a copy of its own requested budget for a final review as soon as they are all collated and put in order, which will happen as fast as possible. He said when this process is finished copies off all departments’ requested budgets will be transmitted to all Council members for their information and comment, which should happen the week of September 10th. Commissioner McCabe said that once all departments’ requested budgets are distributed, he will schedule a meeting with each Commissioner to discuss their department’s requested budget, and this will occur before he finalizes his 2008 Comprehensive Budget. He said his proposed Comprehensive Budget would be submitted to the City Council on Tuesday October 2, and to accommodate a variety of schedules they will request that this presentation be first on the agenda for the evening. A summary of the budget will be published thereafter in the City newspaper, along with 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 the notice as required in the City Charter; and it is hoped to hold the first public hearing on the proposed 2008 Comprehensive Budget prior to the City Council meeting on Tuesday October 16. Commissioner McCabe said budget workshops and public hearings would be scheduled as necessary. Budget workshops are open to the public but since they are for the City Council to discuss budget items, the public may be invited to comment at the end of the meeting when the workshop portion is over. Commissioner McCabe said that a workshop on the capital budget is scheduled for Thursday, October 4 at 6:30 p.m. The final public hearing on the comprehensive budget will be held after all budget adjustments have been made and agreed upon by this City Council and will remain open until all budget adjustments have been made per the City Charter. All budgets will be acted upon at one time, and the budget must be adopted on or before November 30, 2007; if the budget fails to pass, the original comprehensive budget becomes official for 2008. Commissioner Franck asked for an explanation of the capital budget process. Commissioner McCabe said that after the public hearings are held and the Mayor presents the capital budget for Council approval, it goes to the Commissioner of Finance. Commissioner McCabe explained that what is proposed as the comprehensive and the capital budgets might not be what is presented for the final vote. Whenever a capital program is set in place, it is for six years and subsequent City Councils can agree by vote to make changes. Payroll Supporting Documentation Commissioner Matthew McCabe said that regarding the raise that the City Council approved at the July 17, 2007 meeting for the part time summer vehicle traffic controllers, the minutes do not sufficiently state the terms of the raise so it is necessary to verify the intent and re-state it for the record. The Position Title of Part-time Summer Vehicle Traffic Controllers aka “August Traffic” expense line A3143121-51861 has a pay range of $10.50 to $12.00 per hour, previously there was no range. The Pay raise for Part-Time Summer Vehicle Traffic Controllers is as follows: “All vehicle traffic controllers will receive a raise from $10.00 per hour to $10.50 per hour with the exception of those who worked as school crossing guards at a higher hourly rate. Those who worked this 2007 year as school crossing guards at a rate of $11.00 per hour would continue to make that hourly wage as a vehicle traffic controller”. Commissioner Matthew McCabe moved and Commissioner Ronald Kim seconded to approve the pay raise and pay range for part-time summer vehicle traffic controllers aka “August Traffic ” as presented with the effective date of this raise and range change to remain at 07-17-2007. Ayes all Commissioner McCabe said that it saves time in all offices and departments if each council member carefully checks the minutes because they can be very effective as proof of a decision if we have to go back to them. DEPARTMENT OF PUBLIC WORKS Capital Budget Amendment for Church Street Reconstruction (07-144) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the amendment to the 2007 capital budget for the monies that were supposed to be in the 2008 capital budget for the Church Street reconstruction project contingent upon approval of the City Attorney and the City’s Risk and Safety Manager . The total cost of the project is $1,935,000 of which the City’s share is $141,625. Ayes all . Commissioner Thomas McTygue moved and Commissioner John Franck seconded to engage the firm of Creighton Manning in the amount of $240,000 for the design of the Church Street Reconstruction Project contingent upon approval of the City Attorney and the City ’s Risk and Safety Manager . RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING AGREEMENTS - ENGINEERING DEPARTMENT WHEREAS, this resolution is filed with the City Legislature by the City of Saratoga Springs Mayor; and WHEREAS, this resolution designates Creighton Manning Engineering, LLP, Albany, NY, as project engineer for the planning, design, and construction administration of the Church Street Reconstruction (PIN 1757.14) project; and 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 WHEREAS, this resolution authorizes the City Engineer to negotiate the agreements for said services as required by Federal and State procedures, subject to review and comment by the New York State Department of Transportation; and WHEREAS, this project is a Locally Administered Federal Aid Project involving Urban Principal Arterial (Not Expressway) (UPA) Funding assistance; and WHEREAS, said negotiations have been completed; and WHEREAS, review and comment procedures have been completed by the New York State Department of Transportation; and WHEREAS, the sources of funding, the total amount to be expended over the life of the agreements, and the names and addresses of the contracting parties are as follows: CONTRACT VENDOR APPROPRIATION AMOUNT OF DESCRIPTIONS AND CODES CONTRACT DATES Church Street Creighton Manning $240,000.00 Reconstruction Engineering, LLP 17 Computer Dr. West Albany, NY 12205 NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs Mayor be, and is hereby authorized to, execute an agreement with Creighton Manning Engineering, LLP in accord with the approved proposal and in a form to be approved by the City Corporation Counsel in the amount of $240,000.00; and, be it further approved as to form. Ayes all. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that the City approve the resolution authorizing the City to apply for the Marchiselli funding. RESOLUTION NO. 07-130 AUTHORIZING THE IMPLEMENTATION AND FUNDING OF A STATE “MARCHISELLI ’ PROGRAM-AID ELIGIBLE TRANSPORTATION FEDERAL-AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AND STATE-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS THEREFORE WHEREAS, a Project for the Church Street Reconstruction (PIN 1757.14), (the “Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the City of Saratoga Springs desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering and ROW Incidental phases; now, therefore, be it RESOLVED, that the City Council hereby approves the Project; and be it further RESOLVED, that the City Council hereby authorizes the City of Saratoga Springs to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and ROW Incidental work for the Project or portions thereof; and it is further RESOLVED, that the sum of $240,000.00 (Two hundred forty thousand dollars and no cents) be appropriated from the General Fund and made available to cover the cost of participation in the Preliminary Engineering and ROW Incidental phases of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share of the project exceeds the amount appropriated above, the City Council of the City of Saratoga Springs shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation (“NYSDOT ”); and be it further RESOLVED, that the Mayor of the City of Saratoga Springs is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Saratoga Springs, 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 subject to the City Attorney ’s approval as to form and content, with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and be it further RESOLVED, this Resolution shall take effect immediately. Ayes all. Putnam Street Parking Deck Change Order (07-145) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve change order #1 in the amount of $7,787.09 to DeBrino Caulking Company for additional work at the Putnam Street parking deck. Commissioner McCabe said the money is in the budget. Ayes all Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve change order #2 in the amount of $11,564 to DeBrino Caulking Company for other additional work beyond the project scope. Commissioner McTygue said that a memo by Assistant City Engineer Deb LaBreche explaining these change orders was previously distributed to the City Council. Commissioner McCabe said the money is in the budget. Ayes all American Flags on Broadway Commissioner Thomas McTygue said there have been complaints that the flags displayed downtown look dirty. He said the flags were new when they were put up but they become soiled because of vehicle exhaust and road dust and it changes the color. When the flags are cleaned, some of the color bleeds into the white areasof the flag; there is no way to keep them looking brand new. He said that the flag display is a popular program. Abandoned Gas Station Site (South Broadway and Ballston Avenue) Commissioner Thomas McTygue said that he spoke to the president of the Chamber of Commerce, Joe Dalton because the Chamber was able to secure funding for several years to help maintain that property, but the program no longer exists and they are unable to contact the owner of the property. He said that the Department of Public Works has cleaned the property twice this year and those bills will be sent to the Finance Department to be applied to the property’s city tax bill. The parcel is downsized because of the acquisition of part of it for the Right of Way on Route 50, so it is too small for anything to be constructed there. He said that the City should attempt to purchase the parcel with open space bond money and create a pocket park, a green area at the main entrance of the City. Mayor Keehn said they are moving ahead with those kinds of negotiations and it is hoped that something will soon come to fruition. Co-Gen Grant Resolution and Permission for Commissioner of Accounts to sign (07-146) LANDFILL GAS MANAGEMENT STATE ASSISTANCE APPLICATION RESOLUTION No. 07-132 AUTHORIZING THE SUBMISION OF AN APPLICATION FOR STATE ASSISTANCE FOR LANDFILL GAS MANAGEMENT PURSUANT TO TITLE 5 OF ARTICLE 54 AND TITLE 4 OF ARTICLE 56 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW WHEREAS, the City of Saratoga Springs New York herein called the “Municipality ” has hereby determined that certain work, as described in the State assistance application and any amendments thereof, herein called the “Project ” is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental conservation Law authorized State assistance payments to municipalities for the management of landfill gas by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith; 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Saratoga Springs that John P. Franck, Commissioner of Accounts is directed and authorized as the official representative to act in connection with any Application between the Municipality and the State, and to provide such additional information as may be required; and that one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7250, together with the application and that this Resolution take s effect immediately. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the resolution for a New York State grant for reimbursement for the co-gen system at the landfill and to authorize the Commissioner of Accounts to sign the contract grant application . Ayes all. Mayor Keehn asked Commissioner McTygue to provide the funding details when they are available. Sound Off in Saratogian Commissioner Thomas McTygue said in reference statements in the “Sound-off” column, Myrtle Street will not be resurfaced until the hospital completes its planned reconstruction since part of that project involves digging up Myrtle Street. Authorization for Mayor to sign contract with Alonzo Fireworks Commissioner Thomas McTygue announced that there would be a fireworks display by Alonzo Fireworks in Congress Park on September 8. This is in place of the Fourth of July fireworks rained out this year. He said there are many events in Saratoga Springs on September 8 including a Civil War re-enactment and an arts festival on Beekman Street. Mayor Keehn noted that the agenda listed a discussion and vote on this issue. Commissioner McCabe clarified that per discussion at the agenda meeting, the previously approved contract could be utilized so a vote is not necessary. Brunswick Electric Change Order – Interlaken Water Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the change order to Brunswick Electric for the Interlake n Water System for a decrease of $3,000. Ayes all DEPARTMENT OF PUBLIC SAFETY Greenfield Avenue and Woodlawn Avenue (07-147) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the following ordinance as presented. An Ordinance to amend Chapter 225, Section 225-77 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic – Schedule XII: Stop Intersections ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York as follows: SECTION 1. Section 225-77 of the Code of the City of Saratoga Springs , New York entitled “Vehicle and Traffic – Schedule XII: Stop Intersections ”, his hereby amended to add the following: STOP SIGN ON DIRECTION OF TRAVEL AT INTERSECTION OF Greenfield Avenue Both Woodlawn Avenue SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the city of Saratoga Springs, New York. Commissioner Kim said that members of the neighborhood requested this change because of an increase in traffic in this area and Police Patrol verified the need for all-way stop control at this intersection. Ayes all Julian Way & Rose Ridge Court (07-148) 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to adopt the following ordinance as presented: An Ordinance to amend Chapter 225 of the Code of the City of Saratoga Springs New York, entitled “Vehicle and Traffic ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Chapter 225 of the Code of the City of Saratoga Springs, New York, entitled “Vehicle and Traffic ”, is hereby amended as follows: A. Section 225-81 is amended to add the following to “Schedule XVI: Parking Prohibited at all Times ”” NAME OF STREET SIDE LOCATION Julian Way West between Crescent Avenue and East Ridge Julian Way East between East Ridge and Crescent Avenue Rose Ridge Court inside Rim of Circle Section 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Commissioner Kim said this is a newer development with islands in the middle of the street and parking in that area precludes egress of emergency vehicles. Commissioner Franck asked if this change prohibits parking on the entire street. Deputy Commissioner Frank Dudla clarified that this affects about five pieces of property on Julian Way; if a fire truck turns off Crescent onto Julian Way, it could not make the turn if there is parking on either side because of the island, and the same problem exists at the rim of the circle on Rose Court. He said that parking is allowed on the rest of Julian Way. Ayes all Police Department Bathroom Renovations – Change Order Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve change order #2 to Parker Marks for the police department bathroom renovations in the amount of $550.00. Commissioner Kim confirmed that the money is in the budget. Ayes all Hold Harmless Agreement with New York State Police (07-149) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the hold harmless agreement with the New York State Police in connection with the annual use by the Saratoga Police Department of the Schenectady County airport that is leased by the New York State Police, for training in vehicle operations. Ayes all Spa Voter Notes a/k/a Jim Martinez Commissioner Kim said that more frequently in the arena of political discourse there is unfortunately a sort of “hide and speak” occurring where people are speaking out anonymously about all sorts of subjects. He said that Spa Voter Notes @ aol.com sent out a missive that contained inaccurate information about tonight’s budget hearing, essentially noting that the City Council was going to vote on a $43.8m public safety facility. He invited the author of the message to come before the City Council and speak their mind, to have the courage of their convictions and speak out instead of hiding in anonymous missives not credited to anyone. The missives are detrimental due to their inaccuracies. SUPERVISORS Cheryl Keyrouze Saratoga County Water Authority: Supervisor Keyrouze reported that on August 20, there was a meeting of the Saratoga County Water Authority at the Wilton Town Hall on Traver Road on the eminent domain process for the water line from the upper Hudson. She said that the Authority needs only 42 of the 145 required easements; 13 will not give the County permission to come on their property, 4 have had no contact with the Authority, 12 owners are planning to hold discussions with County Supervisors. Others are seeking more compensation claiming that the amount offered is less than the assessed value of the parcel. She said that one woman reported that her 82-year-old mother lost 20% of her farmland because the County Sewer District tore it up without permission. The Authority 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 apologized profusely saying they would solve this. She said that last night was the only public hearing being held and if members of the public were not there, there is not going to be other opportunity for judicial review. New York Horse Park: Supervisor Keyrouze said that the fundraiser for the Horse Park was very successful, and she reminded the City Council that this program would be lucrative to our City when it comes to fruition. Citizens Transportation Committee of Saratoga County announcement of new web site: Supervisor Keyrouze announced that on August 30, 2007 at 7 p.m. in the Glasby Room of the Saratoga Springs Public Library, Kent Stanton will demonstrate and train people to use the committee’s new website. 2007 Economic Summit: Supervisor Keyrouze said she attended a seminar chaired by Congresswoman Kirsten Gillibrand on the Entrepreneurship and growth in upstate New York: They broke out into four discussion groups entitled unleashing the power of entrepreneurship; preparing the future workforce, encouraging smart growth and moving innovations into the market place. Discussions will be continued in six months. Salute to Veterans Concert: Supervisor Keyrouze pulled this item. Joanne Yepsen August Board of Supervisors Meeting/Resolutions Supervisor Yepsen said the Board of Supervisors approved the purchase of a 7.3-acre parcel in Wilton for the mitigation of wetland disturbance caused by the County Water line. They authorized two resolutions regarding the expansion of the County Sewer District and the County Sewer District Treatment Plant. The Board of Supervisors adopted a local law imposing a 911 wireless surcharge and to promote safe commercial use they adopted minimum standards for the Saratoga County Airport. Log Jam Removal – Lake Lonely Supervisor Yepsen announced that the Board of Supervisors approved $38,000 for the contractor to remove the logjams in Lake Lonely. The Board secured a permit for this project in April from the Army Corps of Engineers. The contractor expects to complete the work by November 1, 2007. Geyser Road Pedestrian Project: Supervisor Yepsen said she facilitated a productive meeting between the Southwest Neighborhood Association and the County Planning Department to further discussion of the plans for Geyser Road Pedestrian Trail. The proposed 2.8-mile trail project needs funding, county approval of right-of-ways and access to the side of the County highway. The goal is to connect Milton sidewalks with a safe pedestrian walkway to the State Park. She asked for City Council support for the project that would make the area safer for its residents. She noted that the Federal Government has approved a five-foot width expansion for the bridge but they are trying to determine who is responsible for its maintenance. Upcoming Events Joanne Yepsen announced the following events: The United States Army Field Band & Soldiers Concert at the Saratoga Performing Arts Center on September 21, 2007 is free and tickets are available at the VFW and through the County Supervisors. 2nd Annual Jazz Barbecue: September 15, 3:00 to 8:00 p.m. on Beekman Street to benefit the Frederick Allen Lodge, tickets are $25 each. County Wide Deceased Veterans Program: August 27, 9:30 a.m. in Ballston Spa. 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday August 21, 2007 PUBLIC COMMENT Mayor Valerie Keehn opened the second public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the second public hearing. ADJOURNMENT Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adjourn the meeting at 9 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:00 p.m. Respectfully submitted, Nancy Wagner Approved: Clerk 15 of 15