City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 4, 2007 6:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney PUBLIC HEARINGS Noise Ordinance Commissioner Ron Kim said the revision to this ordinance would restrict the decibel level to not exceeding 90 decibels from a motor vehicle or face the possibility of being ticketed. There have been a number of complaints. The existing ordinance simply states “loud” noises. The proposed ordinance has been modeled on other municipalities. He said that 90 decibels were quite loud. He noted that a police siren is 107 decibels. Mayor Valerie Keehn opened the public hearing on the noise ordinance. Remigia Foy said a fellow resident asked her to submit information to the Council on noise problems in other cities noting that some have restricted the decibel level to 80. Tony Izzo, Assistant City Attorney, said there are existing ordinances, however, this modification will now establish a decibel level. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing Capital Program 2008-2013 Mayor Valerie Keehn opened the public hearing on the 2008-2013 capital program. Ken Ivins said that the City needs a new police station that includes a court house. He recommended though that not all of the money be bonded next year. He suggested that the bonding be phased. Clark Hayward, President SEMS, said there has been some serious misinformation reported in the media and the DPS annual report. He said that first, they are not a volunteer organization and have not been since 1997. They have eight professional staff members transporting patients with 2 advanced life support personnel. Second, the fire department took 1922 EMS calls last year, while 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 SEMS took 3255 calls. The City is purchasing an ambulance that will be used to transport patients. He pointed out that SEMS responded to more than 1300 calls than the fire department. If the fire department is to take over responding to all of the calls, the City will need additional staff. Third, it has been reported that SEMS dropped 200 calls. That is equal to 6 percent which is the average. He said Saratoga County has an extremely good mutual aid program and the calls were not missed but picked up by other municipalities. The fire department failed to respond to 38 calls between June and August of this year. He noted that the web page for the firefighters union 343 was full of misinformation about SEMS and training of SEMS staff. He was disappointed that the DPS report did not include information from SEMS as requested. Ms. Sommerville, 359 Ballston Avenue, supported the construction of a new police department. She said that victims should not be interviewed in the hallway. Richard Wirth, 17 Sandspring Drive, said Saratoga Springs is a great City that needs some small changes to make it better. He was glad to see the experimental pedestrian crosswalk lights. The City needs an east side first response station and a new DPS building. He supported both, however, there needed to be careful consideration as to what the City can afford. Joe Dolan, firefighter, 4 Arapaho Path, said Local 343 does do training and the City staff is well prepared and trained to take the calls. They have well qualified paramedics on staff that train. Pat Wilcox, King Arthur Court South, said this is the time to construct a new DPS building and she encouraged the Council to do so. Remigia Foy, 94 Oak Street, said she was Finance Commissioner for three terms and she is sensitive to the demands and services of the community as well as the impact to the taxpayers. The Council is bringing pressured to make a decision. She noted that over the last several years there were revaluations that resulted in 100 percent increases in assessed values in some cases. There have been statements that residents don’t care what it costs and they are willing to support new construction, however, the Council needs to remain conservative and cautious. She suggested that better utilization of the space downstairs in City Hall could be done once DPW moves. She does not advocate for additional debt and does not want to mortgage the City’s future for the next 30 years. She suggested going back to the drawing board and come up with a better solution that will help both the police department and the taxpayers. Dan Mullan, retired police officer, 111 Fifth Avenue, said if the City had been reasonable, the construction of a new facility would have happened in the 1980s under Larry McGourty. The Council does not need to ponder this decision any more. There have been 6 studies does since 1980 all saying the same thing. There are security issues with bringing prisoners up and down the rear staircase. There are issues with interviewing victims in the hallway. We need a state of the art facility. Stacy Rigano, police officer, said the existing conditions are substandard with limited bathrooms, locker rooms and dining facilities. It was especially difficult for the female officers for locker room and bathroom use. Ed Moore, Chief, said he had been on the force for 32 years. There are 18 female officers. Some officers have left this City because of the low pay. It is a difficult job. He understood that residents do not want their taxes raised. This is not a matter of mortgaging the future of the children but rather it is mortgaging the public safety of the children. There have many additional and increased revenue streams this year such at the $3.7 million from VLT, $400,000 additional in sales tax, $800,000 additional from the County and the increase in assessments due to new construction at nearly $450,000. He said a few Council meetings ago, there was a presentation on constructing a DPS facility on Woodlawn Avenue whereby the building could have been constructed and leased back to the City at $1.5 million for 30 years. The City has a low tax rate. He had a petition with 500 signatures encouraging the Council to support the construction of a new DPS building. There is not enough room in the DPW department to hold the entire police staff. His fellow colleagues are appalled at the conditions under which they work. He said he would hate to see the unions call OSHA or PESH to report on these conditions. Mayor Valerie Keehn asked that he submit a copy of the petition. Ellen Marcell said that she was appalled at the conditions under which the police department staff works and she encouraged the Council to pursue a new DPS building. 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 John Kraus, Grand Avenue, said the timing was right for a new DPS facility. The City is getting additional revenues this year from the County at $800,000, there is a $1.9 million surplus, additional sales tax revenue, etc. He said the annual debt payment on bonding $22 million at 4 1/4 percent for 30 years is $1.3 million and that could be paid for next year through the surplus of $1.9. He also said that 2008 budget is one of the most important budgets that the City will adopt. This will be Commissioner Matthew McCabe’s legacy. He suggested that the Council hold a working workshop on the proposed budget. The Council needs to discuss how the additional revenues are to be used and what is an acceptable 2008 tax rate. There needs to be a collective effort and the Council needs to show a united front. Tom Mullan, 70 year resident of Saratoga Springs, said he first appeared before the Council in 1946. His son served on the police force for 27 years. The conditions of the police department were terrible when he served and they continue to be terrible. The police force has gone from 5 officers to 71 over the last 119 years. He retired several years ago with a small pension and small social security. He would not care if his taxes were doubled or tripled. They need a safe, healthy environment in which to work. He said the Council should spare no expense in constructing a new DPS facility. Mayor Valerie Keehn said the public hearing on the capital program this evening will be continued. The Council will not vote this evening because there was more work to be done. There needs to be a working workshop. There are 25 items listed in the 2008 capital budget and they are all high priority. The Council needs to determine whether some should be moved to other years or keep the list as it is. She said a workshop would be set and all would be invited to attend. Bill McTygue, Director Public Works, said there are many equally important projects in the 2008 capital budget such as storm drainage, sanitary sewer, Canfield Casino rehab project, DPW garage rehab project, Water Treatment Plant exterior rehab, roof at the Arts Council, etc. He said these projects are just as important as the DPS and EMS facilities. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing period for this evening but noted that it would be continued to the next meeting. CALL TO ORDER Mayor Valerie Keehn called the meeting to order PUBLIC COMMENTS Mayor Valerie Keehn opened the first public comment period. David Bronner, 5 Royal Henley Court, said he fully supports the new DPS facilities. He asked why during a public hearing, a senior member of the Department of Public Works is allowed to speak? He also noted that at the last meeting there was some discussion on the eminent domain matter with the Saratogian lot and he knows exactly everything he said. He said before urban renewal, the Saratogian lot had many run down, depilated buildings that needed to be removed. John Tighe, 43 Warren Street, said his family has lived in the same home in Saratoga Springs since 1888. He said the Mayor was recently quoted as saying that she had looked into the eyes of the wretched in Saratoga Springs and asked if he was one of the wretched. Bernie Federling said there would be a meeting in Glens Falls tomorrow on health care costs. He said that much of the property taxes go towards Medicaid and employee health care. He suggested that the Council give some consideration to the single payer health care. That could bring down the cost considerably. Mayor Valerie Keehn said there was some discussion on her presenting a resolution on this matter, however, she said that it was difficult to achieve at the local level. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATIONS Capital Funding and Revenue Streams 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Commissioner Matthew McCabe, said there has been much discussion on redirecting bond funds. He explained that the Council cannot redirect bond funds unless the new project relates back to the original use. The bonds do have callable features but the expense and penalties were costly. He said the City would also need the approval of the State Comptroller. Once the money is bonded it must be used in a timely manner. He said the bathrooms in Congress Park were a good example of bonding over several years. The City has previously bonded $200,000 for repairs to the police station. He explained that the City cannot borrow money to make money and must be very careful on how much money is earned in interest. The interest rates cannot be greater than what the City is paying. He said the City’s bonding capacity would be exhausted for the next 30 years. Even if the projects were phased, the bonding capacity would be met. The bonding limit could be raised but he did not believe that was the answer. The police department is not the only portion of City Hall that is in need of repair. Bonded money cannot be the only answer – additional revenue streams need to be identified. He noted that $1.1 million had already been bonded for the DPS project and $17 million is requested. He suggested that the $17 million could be brought down to $15.9. There is nearly $100 million in increased assessed values for the City which equates to about $497,000 in increased revenue. Health insurance costs will surely increase. The sales tax and VLT revenues have already been spent. There is no extra money in the budget. He asked if the Council wanted to spend the anticipated VLT revenue for the next 30 years when we have not yet even received two payments. He would entertain using some of that moneybut the DPS facility will surely not be the most important project over the next 30 years. The City needs to consider the idea of paid parking. Residents already pay for parking through their property taxes. He asked if they would rather spend their money on parking or a new DPS facility. People will not stay away from the downtown area because they have to pay to park. He questioned moving the DPS staff to the new building and DPW out to Weibel Avenue leaving basically only one floor at City Hall with employees. It would be inefficient to keep 50 people on one floor. This building would cost millions to upgrade. He suggested that if a $17 million building is being constructed, then perhaps it should be for all City Hall staff. The Council should consider using City Hall as a revenue source. The maintenance on this building will continue to grow and the financial burden will increase. City Hall is a substandard building and utilizing the building as a revenue stream needs to be given some serious consideration. Commissioner Ron Kim said the Council should not delay the capital program. All studies and conversations lead to the same answer – the City needs a new DPS facility. He suggested that if City Hall is no longer used for staff that at the minimum a ceremonial presence remain. Babe Ruth Baseball Team Proclamation (07-150) Beau Kilmer thanked the Council for this opportunity to appear before them. He said they are proud of their teams and the record during this last season. Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS WHEREAS, for more than 25 years the Saratoga Babe Ruth League, an association of hard-working volunteers, has enthusiastically supported youth baseball in our community, and WHEREAS, along with so many outstanding players, the league has been fortunate to have dedicated board members, parents, managers, and coaches who love the game and enjoy working with and encouraging young people. The league’s 2007 Spring/Summer season produced exceptional teams that proved to be strong competitors in the North Area District and New York State All-Stars Tournaments. This year, the entire league’s All-Star Teams, from 13-year olds to 16-year old, advanced to State-Level play. The 14-year old all- stars placed second in the North Area District Tournament and went on to become New York State Champions and compete in the Northeast Regional Games. The 15-year old all stars became North Area District Champions and some of their players – Dan O’Sullivan, Steven Garhartt, and R.J. Russo - were nominated for the All-State Team. The 16-year old all stars were just as impressive, delivering a tremendous sweep of their state tournament. NOW, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to congratulate all of the players on all of our Saratoga Babe Ruth teams on an outstanding and rewarding season, and to thank Board Members Beau Kilmer, Paul Garhartt, Steve Simmons, Dick Clark, Donna Stone, Rick Stone and Mike Durling. I would also like to thank the managers and coaches – John Vargues, Bill McDonough, Matt Fauler, George Coleman, Tony Fostes, Dave Anderson, Steve Millington, Steve Gregorek, Charlie Hudson, Darren 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Hartman and Mike Hladik – and Doug June and Linda Terricola of our City Recreation Department. I join my fellow Saratogians in wishing our Babe Ruth League the very best of luck for all the great seasons yet to come. Literacy Awareness Proclamation (07-151) Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS WHEREAS, more than 30,000 adults in our communities read or write below a 5th grade level, WHEREAS, low literacy skills prevent individuals from reaching their full potential as employees, parents, and community members, WHEREAS, in order to make a difference in the lives of these citizens and their families, it is critical to raise awareness about the importance and implications of literacy in our daily lives, increasing knowledge, support and appreciation for literacy, NOW, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, do herby proclaim September 8, 2007, International Literacy Day and the month of September 2007, Literacy Awareness Month in Saratoga Springs. Operating Cost Estimates for Public Safety Facility and East Side Fire Station Commissioner Ron Kim said the anticipated operating costs for a 27,000 square foot police facility are a one time cost of $350,000 for furniture and fixtures, $32,000 for a cleaner and $64,000 increased energy costs. He said the radio equipment is currently in the capital budget. Commissioner John Franck clarified it was 27,000 square feet and the cost estimates did not include the court house costs. Commissioner Ron Kim said the Courts pay their own expenses. Commissioner John Franck said there have been no insurance cost estimates included. Commissioner John Frank asked what would happen to the existing 7,000 square feet in City Hall. Commissioner Ron Kim said he was not sure. Commissioner John Franck said he had a lot more questions, however, they would be more appropriate for a workshop meeting. Commissioner John Franck said that Governor Spitzer recently made the announcement that his choice for the race course would be the “new NYRA”. He noted that in the memorandum of understanding there is no mention of property taxes. If that matter is not addressed, the City could lose $43 million in assessed value from the assessment roll. Michael Englert, City Attorney, said that if the property is deemed to be owned by the state, it could be dropped from the assessment roll. Council members noted that the MOU outlines payment of maintenance, improvements, security, etc. but not property taxes. Council members agreed that the extra steps needed to be taken to ensure that this parcel remains on the assessment roll. Asst. Chief John Betor made a power point presentation on the projected costs for a new EMS facility. He said that a new EMS facility on the east side could service the entire City. He noted that the west side fire house responded more than 400 times to east side calls. He said they anticipated that between 4 and 6 firefighters would arrive around 8:00 a.m. for a 24 hour shift. There are no meeting rooms at this facility. He then reviewed the costs of firefighting services in other areas the County noting that the Saratoga County fire district tax is $1.30 for volunteer fire services without EMS. The current cost for Saratoga Springs firefighters is $.60. With the proposed construction, that cost would be increased by $.39 for a total of $.99 for $1,000 assessed valued for both fire and EMS. He said that Albany is 21 square miles with 8 stations, Troy is 10 square miles with 6 stations, Glens Falls is 4 1/2 square miles with 2 stations; Poughkeepsie is 5 square miles with 4 stations and Saratoga Springs 29 square miles with 2 stations. They are now proposing 3 stations for 29 square miles. They are proposing to hire an additional 16 firefighters and 4 vehicles (2 initial fire response or 4 initial EMS response with transport capability). There will be some revenue recovery through transporting. There will also be much improved response times on the east side. They estimate the increased cost for personnel at $825,000 and $57,173 for furniture’s and fixtures. That equates to a 21 percent increase in the fire department budget. He said the projects are based on the current dollar and not adjusted for inflation. Commissioner Ron Kim said there is funding available from grant programs, however, the project must be adopted and there must be a plan before the City can apply. 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 CONSENT AGENDA Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve the consent agenda as presented. 1. Approval of Minutes: August 21, 2007 2. Rescind Bid: Water & Sewer Pipe Fittings, Ferguson Enterprises, noncompliance 3. Award of Bid: Water & Sewer Pipe Fittings, Velano Bros., various prices, next lowest bidder in compliance 4. Approve Payrolls: 8/24/07 $440,302.65 8/31/07 $410,531.74 5. Approve Warrants: Mid MC3AUG07 $161,231.12 General 1SEP07 $615,960.42 Ayes all. MAYOR’S DEPARTMENT Authorization for Mayor to sign contract with Synthesis – Indoor Recreation Center (07-152) Mayor Valerie Keehn said the Council has worked for a long time on the indoor recreation facility. The time is now to move this project forward. She thanked all who worked on this project. She said that after years of discussion the Council has reached the moment of decision. The funds have been included in the capital budget and as explained by Commissioner Matthew McCabe there are restrictions on how those funds can be used. She said the Council has previously approved a negative SEQR determination and last month the City’s task force recommended that Synthesis be engaged. Therefore, Mayor Valerie Keehn moved and Commis sioner Ron Kim seconded to authorize the Mayor to execute the contract with Synthesis for the architectural design for the recreation facility. Commissioner Thomas McTygue said the City has previously constructed two parking structures and ice rinks with design build programs which saves money. He said that the City should also consider two smaller facilities and should work with the YMCA. He asked for time to work with the YMCA and report back to the Council. It is not fair for those residents living in the Geyser Crest area to travel across town to a recreation facility. Bill McTygue said DPW has been on record requesting the design build concept. They believe that concept made sense and would save money. Commissioner John Franck said that Risk & Safety had not yet reviewed the insurance on the contract and asked that the motion be contingent upon that review. He said there needed to be some clarification on who was carrying the insurance, Synthesis or all three companies. Michael Szemansco and Don Davis, SD Atelier, said that all necessary and appropriate insurances were submitted with the bid package. Michael Englert said any additional required insurances could be obtained from the firms. Deputy Commissioner Michele Boxley said that it would be the responsibility of the Mayor’s Department to acquire insurance documentation. Michael Englert said the main firm was Synthesis. SD Atelier and Friedman Association have teamed with Synthesis, but Synthesis is the lead. They will design and administer the project. Commissioner John Franck asked who would be responsible for the wetland delineation. Michael Szemansco, Synthesis, said they did not believe there was a significant amount of wetlands; however, if there are substantial wetlands, it would be an additional cost. Commissioner John Franck asked who was the clerk of the works. Michael Szemansco said it was a combination of Synthesis and SD Atelier. Michael Englert said the clerk of the works on the project could be determined at a later date. Commissioner John Franck asked if the decision had been made by the Council to move forward on this project or weigh it against the DPS facility. Commissioner Ron Kim said while there has been discussion on whether the recreation facility or the DPS facilities have higher priority over one another, the recreation facility had already been bonded. Commissioner Matthew McCabe said there is no ability to redirect the funds and there is no cost savings on recalling the bonds. Commissioner Matthew McCabe said in order to recall the bonds, the City would first need to obtain approval from the state comptroller’s office. He said there needed to be some clarification on the details in the contract. 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 It was his understanding that this project now has a cost of $6.1 million. He asked that the 12 percent late fee/interest charges be waived. Michael Szemansco agreed to remove that clause. Commissioner Matthew McCabe suggested that Paul Male’s name be removed and that it state “Mayor or designee”. There was some question on the cost of the project and Synthesis’ control over costs/market conditions. Michael Szemansco explained that his firm will continue to recommend cost savings to the City, however, the City may want to include or expand items which could increase the project cost. Commissioner Matthew McCabe said the project should be built for the contracted cost and the City needs to control and monitor unnecessary costs. Michael Englert said the architect cannot assume the risk for market conditions. If the cost of the products rise, that would be outside of the architect’s control. Commissioner Matthew McCabe asked if the contract could be altered. Michael Englert said until the project goes out to bid, the City won’t have the real numbers. The architect will continue to do their best to contain costs. Don Davis pointed out that the feasibility study issued more than 18 months ago included items such as alternate energy sources and that could increase/decrease the costs. Michael Englert said the costs will continue to be monitored by both Synthesis and the City. The City will have complete control over the cost of the project. Commissioner Matthew McCabe said he supported this project but new revenues needed to be identified, privatization needed to be discussed, the possibility of renting the building when not in use needed to be reviewed, etc. He said there have been previous discussions on using two locations, however, he disagreed with two locations saying that one central location for parents to drop off/pick was appropriate. Commissioner Thomas McTygue said that he was not against a recreation facility but did not support this proposal. He did not support hiring this firm and wanted time to talk to the YMCA and to also review the possibility of constructing two facilities. He said there have not been any accommodations made to the budget for maintenance personnel at the recreation fields. He tried in previous budgets to get additional help at the recreation fields, however, they were not funded. Mayor Valerie Keehn said the recreation commission has fully supported this proposal and they are looking at new revenue streams. She noted the change to the ordinance for recreation fees now includes condos. She said that hundreds of thousands of dollars could be created under these new fees. Commissioner Thomas McTygue said on one hand the Mayor is against new construction, however, now claims that the City could make hundreds of thousands of dollars on the recreation fee. He asked where all of this money would come from. Mayor Valerie Keehn said she did not say anything against development. She noted that there would be a lot of new money created from projects such as the new Bonacio project. Commissioner John Franck asked how many new condos would be developed next year. Mayor Valerie Keehn said she was not sure, but it did not need to be too many to get to hundreds of thousands. Commissioner John Franck said it seemed that the call feature in the bond was meaningless. Commissioner Matthew McCabe said the bond counsel’s recommendation was to not call the bonds. It would be more costly to call the bonds than could be gained through savings. Bond counsel has strongly encouraged the Council to not call the bonds. Commissioner John Franck said that the City has the ability to call the bonds. Commissioner Matthew McCabe said that bond counsel could be brought in to clarify the matter. He said that this is clearly two separate conversations and the Council was just spinning its wheels at this point. Commissioner Ron Kim said the Council should accept the bond counsel’s recommendation. He said the reality is that the Council will continue to bond whether it is the DPS facility or not. The days of paying cash are over. He said he supported the recreation facility largely because the funding was already in place. He said perhaps the way the City does its bonding should be reviewed. Commissioner Matthew McCabe agreed. Linda Terricola, Recreation Director, said in the 2008 budget there was funding included for 4 full time and 1 part time DPW maintenance/laborers. She said they have looked at their revenues and will continue to review them. The City will save between $40,000 and $50,000 in rental savings. Therefore, Mayor Valerie Keehn moved and Commis sioner Ron Kim seconded to authorize the Mayor to execute the contract with Synthesis for the architectural design for the recreation facility contingent upon the Risk & Safety Manager review. It was also noted that the interest penalty charges would be removed from the contract. Ayes: three (Mayor Valerie Keehn, Commissioners Matthew McCabe and Ron Kim); Nays: two (Commissioners Thomas McTygue and John Franck). Motion carried. Authorization for Mayor to sign NYS Office of Children & Family Services contract 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the NYS Office of Children& Family Services contract. Linda Terricola said this is a 50/50 match program for the playground program and the ice for tots program. Ayes all. Literacy Awareness Proclamation Previously discussed. Babe Ruth Baseball Team Proclamation Previously discussed. Linda Terricola noted that Beau Kilmer left a plaque for the Council thanking the City for their support over the years of the Babe Ruth Baseball program. Comprehensive Plan Amendment Mayor Valerie Keehn withdrew this item from discussion. Comprehensive Plan Amendment to Planning Board Mayor Valerie Keehn withdrew this item from discussion PUD Zoning Amendment – Garry Olsen Mayor Valerie Keehn withdrew this item from discussion Send Petition PB for Advisory Mayor Valerie Keehn withdrew this item from discussion Restore NY Application John Lapper, attorney representing BBL Development, said they were requesting that the Council sponsor a grant application through Restore NY to assist them in site development for their project. He explained that the Nimo superfund site is adjacent to their site and there had been some seepage onto their site. They are under contract to purchase this site. It is next to the existing Marriott Courtyard. The funds from this grant would be used to construct a wall between the sites to prevent further contamination. He said that a 10 percent contribution is required and BBL Development will pay that contribution. He further noted that only municipalities may apply for the grant. Mayor Valerie Keehn asked if the leaching from the Nimo site to this site continues. John Lapper said that the Nimo site has already gone through the EPA and DEC and has met all mitigation measures. There is a puddle below the surface. Mayor Valerie Keehn asked if the wall would prevent further leaching. John Lapper said there will be sheet piling drilled down between 25 and 30 feet that will prevent any further contamination. He said the funding is through the Empire State Development Corporation. Commissioner Ron Kim noted that one of the sites that DPS had been looking at for their facility is the Excelsior Avenue and asked if these funds were available to the City. Commissioner Matthew McCabe said he was not sure that the City could accept funds from a private developer to cover the match. John Lapper said he believed that the City could accept private contributions. Mayor Valerie Keehn requested that a public hearing be set for September 18 at 6:45 p.m. US Conference of Mayors Climate Control Resolution – Local Action Plan 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Mayor Valerie Keehn asked that Council members forward names to her of individuals who would be interested in serving on a committee to work on the climate protection agreement resolution that was recently adopted by the Council. Sgt. Catone & Safety Committee Mayor Valerie Keehn thanked Sgt. John Catone and the Safety Committee for their diligence in administering the employee identification card program. She said the City was fortunate to have such dedicated employees. NYRA Mayor Valerie Keehn said that the City would need to monitor the new NYRA situation very closely. There needs to be a lot of diligence on the Council’s part to read all of the material to ensure that the City benefits and does not lose anything in this transition. The City needs dedicated revenue streams, there needs to be infrastructure improvements, back stretch workers must be taken care of, etc. ACCOUNTS DEPARTMENT Vendor Ordinance & special Event Ordinance Commissioner John Franck said there has been a lot of discussion recently on peddling and solicitation. There have been a number of complaints from downtown business owners concerning entertainers on the Broadway sidewalks. He said if they play for their own entertainment that was one thing, however, if they begin to panhandle that was not permitted. There was also the issue of other businesses going through the process to obtain permits and these people simply showing up to play. He said he had spoken to Tony Izzo on this matter. Over the next few weeks, they will review two sections of the City’s ordinances, one of which has not been updated since 1970. Tony Izzo said the Chapters 136 and 109 will be reviewed. He said that they could play for their own amusement, however, they cannot solicit for money. He said that it was difficult to regulate though. Commissioner John Franck agreed that under some circumstances it was difficult to regulate and enforce, however, there are many businesses that take the time to apply for a license. There were numerous violations over this past weekend. FINANCE DEPARTMENT Budget Transfers – Payroll, Regular & Benefits Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers as distributed. They have all met the transfer guidelines and the availability of funds is certified (Attachment A) . Ayes all. Budget Amendments Commissioner Matthew McCabe moved Commissioner John Franck seconded to approve the budget amendments as previously distributed. They budget remains in balance , the amendments have met the guidelines and the availability of funds is hereby certified (Attachment B) . Ayes all. Bond Resolution – Ban for Church Street Reconstruction (07-153) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adopt the bond resolution dated September authorizing the issuance of serial bonds of the City of Saratoga Springs, Saratoga County, New York in an aggregate principal amount not to exceed $141,625 pursuant to the local finance law to finance the construction of improvements to Church Street/Myrtle Street and delegating the power to issue the bond anticipation notes in anticipation of the sale of such bonds to the Commiss ioner of Finance (Attachment C) . 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Roll Call vote: Commissioner John Franck aye Commissioner Matthew McCabe aye Commissioner Thomas McTygue aye Commissioner Ron Kim aye Mayor Valerie Keehn aye Motion carried. Revenue Report Commissioner Matthew McCabe updated the Council on sales tax and mortgage tax revenues. Under sales tax the City has taken in $4,073,416 which is about 3.7 percent more than during the same time in 2006. This amounts to 43 percent of the 2007 budget, however, last year at this same time the City was at 49 percent of the 2006 budgeted amount. The sales tax revenue is estimated at $9,366,638 for 2007. This is 26 percent of the general fund revenue budget. The City has been conservative in its revenue projections, however, it is possible that the budgeted amounts may be high. We are bringing in more sales tax than 2006, however, the budgeted amounts may not be realized. We will have to wait until after the summer season. In 2006, the City actually received $8,317,465 in sales tax which was $551,000 more than what was received in 2006 and $359,000 more than budgeted in 2006. Commissioner Matthew McCabe said that under mortgage tax the City has taken in $1,249,784 which is 12.3 percent less than 2007 than at the same time in 2006. The City budgeted mortgage tax revenue at $1,725,000 which is 3.5 percent less than originally budgeted for 2006. This amounts to 5 percent of the general fund revenue budget. In 2006, the City received $1,859,034 in mortgage tax. Commissioner Matthew McCabe said he would keep the Council updated on these revenue streams. He said while there is much talk about additional revenues, the additional revenues go towards any shortfalls in these lines. Commissioner Thomas McTygue asked for copies of this presentation. Commissioner John Franck asked what was the City’s percent of the 7 percent sales tax. Commissioner Matthew McCabe said 1.5 percent. There was some discussion the new Kohl’s store would be opening in the fall and that will have an impact on sales tax revenue. DEPARTMENT WORKS DEPARTMENT Compost Commissioner Thomas McTygue said the compost had total sales of $58,290 in 2006 with their operating budget at $97,381. The operating budget for 2007 is $118,125. This was not meant to be a self funded program, however, the sales do cover a large portion of the operating budget. Pigeon Control Commissioner Thomas McTygue withdrew this item. He said they were obtaining additional quotes. DPW Offer for Police Station Commissioner Thomas McTygue said he sent a memo to DPS stating that DPW was available to assist the Police Department in some maintenance matters. Commissioner Ron Kim said that he would get back to Commissioner Thomas McTygue on what needed to be done. Paving Commissioner Thomas McTygue said that DPW would be milling and paving Nelson Avenue and Excelsior Avenue from September 10 to September 13. DEPARTMENTOF PUBLIC SAFETY Noise Ordinance (07-154) 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the noise ordinance as follows: An Ordinance to amend Chapter 148-4 of the Code of the City of Saratoga Springs, entitled “Noise” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1: Section 148-4 of the Code of the City of Saratoga Springs , entitled “Specific Acts Deemed Unreasonable Noise”, is hereby amended to add the following subsection: “F. The operation of any motor vehicle or motorcycle within the T-6 Urban Core Transect Zone, as said zone is defined or may hereafter be defined in the Zoning Ordinance, in such a manner as to cause a sound level meter in good operating condition to register a decibel level of 90dba or greater at a distance of 50 feet from said meter. SECTION 3. 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. Ayes all. Commissioner Ron Kim said that his department would have to acquire decibel meters. Storage Containers Commissioner Ron Kim requested that a public hearing be set for September 18 at 6:40 p.m. on the storage container ordinance. He said they were looking at modifying the ordinance on insurance requirements and hours of delivery/removal of the containers. Donation Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to accept the $500 donation from The AC Man. This was for repair work on a fire truck. Ayes all. Transfer of Sick Leave to a Police Officer (07-155) Commissioner Ron Kim moved and Commissioner John Franck seconded to transfer 90 days of sick time from two police officers to one other police officer. Ayes all. SUPERVISORS Cheryl Keyrouze Cheryl Keyrouze said there was a pot luck supper held for more than 150 back stretch workers recently which was a very successful event. She suggested that the City consider sponsoring such an event. On August 30, the Citizens Transportation Committee met with representatives from Empire State College. She said they also now have a web page showing the new bus stops. There will be a special meeting of the Board of Supervisors on the structural defect of the County court yard. Joanne Yepsen Joanne Yepsen said the Veterans Memorial program was held on August 22 with a good number in attendance. She said Kenneth E. King, Saratoga Springs, was one of the honorees on that date. She announced that the Saratoga Gaming & Raceway Foundation grant applications for local not-for-profits were available with a deadline of November 1. She said the Saratoga County Arts Council also has a grant program with deadlines of October 19 and November 12. The Saratoga County Board of Supervisors Buildings and Grounds Committee will develop a comprehensive, strategic plan for the next 20 years. She agreed that the new NYRA agreements needed to be reviewed by everyone. She said that it appears the VLTs will be only at Aqueduct and that the NYRA Board will be reduced from 28 to 19 people. The VLT revenues, improvements 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 4, 2007 to the race course and facilities and the property tax matters were all important issues for the residents to watch. She said we need to be diligent in ensuring that VLT are not at the racecourse. Joanne Yepsen said the log jam work is moving along well. Lastly she said there are several events scheduled in the City this weekend and she encouraged everyone to attend. PUBLIC COMMENT Mayor Valerie Keehn opened the second public comment period. Kevin Ivins said if the City needed any volunteers this weekend for the fireworks, to please call him. He suggested that some of the reports from this evening be placed on the City’s web page. Mark Lawton, Nelson Avenue, said the City should consider having a fiscal advisor which is different than bond counsel. He said authorizing a bond does not require that the bond be issued. Commissioner Matthew McCabe said he meets with fiscal advisors and they have discussed the City’s bonding process. Commissioner John Franck said it was necessary for the Council to have a supermajority on bond authorization votes. Commissioner Matthew McCabe said the Council does have a supermajority and roll call votes on bond issuance. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 10:15 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:15 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 12 of 12