City Council

City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM WEDNESDAY, NOVEMBER 7, 2007 6:15 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW PRESENT: Supervisor Joanne Yepsen ABSENT: Supervisor Cheryl Keyrouze STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts James Brophy, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Michael Englert, City Attorney Eileen Finneran, Deputy Mayor CALL TO ORDER Mayor Valerie Keehn called the City Council meeting to order at 6:15 p.m. EXECUTIVE SESSION DPW Litigation Mayor Valerie Keehn said the Council went into executive session at 6:05 p.m. to discuss the vending license issue in Congress Park. She said that an adjournment of the lawsuit would be requested. The executive session was ended at 6:15 p.m. PUBLIC HEARINGS Vehicle & Traffic – Traffic Control Signals Commissioner Ron Kim said this is a proposed amendment to Chapter 225-66 and 225-67 of the City Code on Traffic Control Signals. He said that no signals were being added around the City, this was more of a housekeeping matter to have the code reflect the existing signals. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. 2008 Comprehensive Budget Commissioner Matthew McCabe reviewed the proposed 2008-2013 capital program and general operating budgets. The proposed 2008 capital budget totals $13,298,314 with $11,513.314 of that being bonded. That leaves $14.5 million available for future capital projects. The proposed tax rates are as follows: combined inside rate $5.39, combined outside rate at $5.34 for an average of $5.36. This is an 8.63 percent increase over 2007. On a house valued at $250,000, the homeowner would pay about $1,340 in City taxes per year which is an increase of $107 per year or $27 per quarter. 1 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 Commissioner Matthew McCabe said that included in the capital program is funding for the renovation of City Hall at $2 million in 2009. Commissioner Matthew McCabe said the revised capital budget for 2008 now includes the following: DPS municipal facility $ 8,000,000 Lake Avenue Fire Station $ 231,438 West Avenue Fire Station $ 75,100 Public Works Garage $ 150,000 Security System $ 49,025 Southeast Storm Drainage $ 650,000 Jefferson Street Sanitary Sewer $ 1,000,000 Vanderbilt Avenue Storm Drainage $ 1,000,000 Water Treatment Plane Generator $ 700,000 Audio System Upgrade $ 150,000 City Building repairs & upgrades $ 150,000 New Telephone System $ 170,000 Arts Council Building Insulation $ 80,000 Bucket Truck $ 130,000 Tractor Backhoe/Loader $ 120,000 Traffic Signal $ 105,000 Geyser Park Lights $ 253,000 Geyser Park Well $ 33,000 Camera Security City Hall $ 76,751 East/West Side Rec Improvements $ 25,000 Rescue Truck $ 150,000 Total $13,298,314 Commissioner Matthew McCabe then reviewed the proposed 2008 preliminary budget. He said there was a late addition from the Mayor’s Department of $104,000 for computer software with 50 percent of that being off set by funding from the school district, but not included at this time. He said that the Accounts Department has suggested that there might be grants available for these types of purchases. The Finance Department contingency line has been reduced because of the recent firefighters memorandum of understanding and refund of prior year taxes being transferred to the Accounts Department. DPW requested additional funding for they Geyser Road bridge, vehicle repairs and pick up trucks. DPS requested increases were offset by decreases in other line items. He said the DPS budget had been increased by $272,000 for the recent settlement of the firefighters contract with $13,000 of that offset by additional health care costs. He had some reservations with the adding a clerk in DPS and making the comparison between the laborer and cleaner positions. He believed that the upgrade of the cleaner would eventually lead to disparity, however it was included within the confines of the budgeted amount. The Accounts Department request of $40,000 for refund on prior year taxes was included. There was an adjustment to all departments under the retirement line for a net decrease of $18,195. There has been one major change to the general fund revenue -- $500,000 of the estimated state aid based on VLT revenue has been redirected to the debt service fund revenue to offset the costs of the construction of the new facility and reconstruction of the old facility. While this increases the general fund tax levy, it reduces the debt service tax levy. Commissioner Matthew McCabe said the first year payment, interest only, on the proposed 2008 capitalbudget would be $170,000 the second year payment, principal and two interest payments is at $610,000. The average payment thereafter on a 30 year bond is about $436,666. He said this sets the course for future Councils to cover this debt. Commissioner Matthew McCabe said the 2008 preliminary comprehensive budget stands at $37,860,442.87 which is $21,006 less than a month ago. The general fund tax levy stands at $14,807,686.87. The debt service tax levy is $1,167,517. The combined tax rate inside is $5.39, outside is $5.34 with an average of $5.36 per $1,000. This is an increase of 8.63 percent over 2007. On a $250,000 home, the City taxes would be $1,340 which is an increase of $107 per year or $27 per quarter. Commissioner Matthew McCabe said that there would be no vote this evening on the budget. The Council needs to take this information and review the material. He said he did not believe that the proposed budget could get any better and he would not let it get any worse. He believed that this was a budget with which the City could work. He proposed to set a special meeting to adopt the budget. 2 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 Mayor Valerie Keehn opened the public hearing. John Kraus, 227 Grand Avenue, congratulated the newly elected Council members and wished the outgoing members well. He reviewed the proposed budget. He said that the City started at $4.97 per thousand in 2007. Without a capital budget the number would have increased to $5.18 (4.9 percent increase). The newly proposed budget which includes a capital budget now increases the number to $5.36 per thousand. He questioned the methodology for removing the $500,000 from the general fund revenues and setting it off to the side for the debt service payment. He said that increased the tax levy by 17 cents per thousand on the general fund. He had previously suggested that the Council split the cost of the new facility with the taxpayers with $700,000 being paid by the City and $700,000 being paid by the taxpayers. He suggested that the Council consider adding another $250,000 to the $500,000 which was set aside which would allow for a $12 million public safety facility. He questioned the $3.8 million VLT funds not showing up anywhere in the 2008 budget. He agreed that the cash balance reserve needed to be raised. He said there are several additional revenue streams including the county surplus rebate and VLT revenues that could be used to decrease the cost of the DPS facility. Commissioner Matthew McCabe reminded John Kraus that there is a difference between cash and a budget. He said there are revenue lines within this year’s budget that will not be met, so any additional revenues received in other lines will be used to cover those shortfalls. He said splitting the cost with the taxpayers wasn’t really a split – taxpayers pay for it either way. Building the cash reserve helps the City with its bonding rates. John Kraus said he hoped the 2007 budget did not have $2 million in shortfalls. He again asked that the Council consider adding an additional $250,000 to the $500,000 which would allow for a $12 million facility. He said there needed to be some flexibility. He then asked if the proposed 2008 water and sewer budgets were in balance and if there would be a rate increase in February in the water rates. Lynn Bachner, Deputy Commissioner, said the proposed 2008 VLT revenue is at $3.78 million and it is to be dedicated to reducing taxes or defraying the City’s cost of maintaining the racino in this City. She said originally those funds had been included in the general bund. Now the $3.78 had been reduced by $500,000 to go to the debt service. She said the water and sewer budgets are in balance and they are predicated on a rate increase. Bill McTygue said DPW anticipates a rate increase in the water budget. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing this evening, noting that it would be open again at the next meeting. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the first public comment period. Kyle York, 59 Railroad Place, congratulated the newly elected Council members and wished the outgoing members well. He commended those departing Council members for their hard fought battles and all of the work they have done for the City. Wilma Koss, 160 Kaydeross Park Road, congratulated the newly elected Council members. She said that some candidates tried to make the election about the nonexistent water crisis. Those elected officials who tried to do so will not be serving on the Council now. She said this election was not about the water issue, it was about cooperation and unity. She had no doubt that the newly elected Council members would serve the City well. David Bronner, 5 Royal Henley Court, requested that the Council consider stopping any efforts to get water from Saratoga Lake. He said the biggest proponents of getting water from the lake were defeated. The City needs to stop this matter in order to stop the lawsuits and the eminent domain proceedings. He said it was only a matter of time before the County water line is constructed. The County water line is a viable alternative. 3 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 Phil Diamond, 29 Waterview Drive, thanked the outgoing Council members for their service to the City. He said there were many dynamics that played in to the elections and it was not just the water. The County water proposal is flawed with no customers and it is going through the state park. The City would not be in control of its water if it opts to use the County water line. The County has a history of not being able to control their large projects. The City should stay the course and go to the lake. Mayor Valerie Keehn thanked everyone for their kind thoughts and comments on the elections. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. DEPARTMENT OF PUBLIC SAFETY Welcome Back Lt. Pat Rocco Commissioner Ron Kim welcomed Lt. Pat Rocco back from active duty in Iraq. He noted that Capt. Biss and Capt Betor are not in active duty in Afghanistan and Iraq. He said it was good to have Lt. Pat Rocco return to the City and presented him with a certificate for his service to the country. Lt. Pat Rocco thanked the Council for the certificate. He also thanked the community and for their kind thoughts and actions while he was oversees. Police Awards Commissioner Ron Kim said there was an incident on September 3 in which Police Officer Adam Baker was injured during an arrest. He said that Officer John Casey and John Kehoe then apprehended the assailant and assisted Officer Adam Baker with his injury. He then presented Officers Adam Baker, John Casey and John Kehoe with a meritorious service awards. Captain Ed Moore said it was a very serious situation with Officer Adam Baker’s injury. He thanked all of the officers who assisted noting their professionalism in apprehending the assailant. He said they are truly heroes and he was proud to call them officers in the City of Saratoga Springs. CONSENT AGENDA Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the consent agenda as follows: 1. Approval of Minutes: October 11, 16 , 17, & 23, 2007 2. Extension of RFP: Wehran Energy Corp. – Weibel Avenue Landfill Gas Collection & Delivery System – under the same terms and conditions 3. Approve Payrolls: 10/19/07 $ 400,056.98 10/26/07 $ 401,906.08 22/03/07 $ 403,676.60 4. Approve Warrants: Mid MC2OCT07 $ 86,097.66 Mid MC3OCT07 $ 125,785.90 General 1NOV07 $1,461 ,123.62 Commissioner Matthew McCabe noted that the large warrant included payments for school taxes and health care. Ayes all. MAYOR’S DEPARTMENT CDBG Subrecipient Agreements Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the CDBG Entitlement Activities for the 2007 program year. Ayes all. Boundary Line Agreement – 60 Weibel Avenue, LLC (07-189) Mayor Valerie Keehn said this is a boundary line agreement and not a quit claim conveyance. Michael Englert said there is a discrepancy in the surveys between the property owner and the City and this boundary line agreement will rectify that matter. 4 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the boundary line agreement and to authorize the Mayor to sign all necessary documents for the property at 60 Weibel Avenue. Ayes all. ACCOUNTS DEPARTMENT Notice of Public Hearing – Saratoga County Sewer District Commissioner John Franck said the Saratoga County Sewer District held a public hearing this morning at 9:00 a.m. at the Board of Supervisors Chambers in Ballston Spa. The purpose of that public hearing was to consider the proposed sewer rates for 2008. General Code Contract Novus Agenda/Meeting Commissioner John Franck said the City has received an award of $55,987 from the State Archives for an active records management project to streamline the management of the agendas and attachments for the City Council and land use development board meetings. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract and license agreement with General Code of Rochester , NY for the purchase and implementation of NovusAGENDA software in an amount not to exceed $43,000. The contract has been reviewed by the City Attorney and the City’s Risk and Safety Manager and meets the City’s purchasing guidelines. Nancy Wagner said this is a one year contract with maintenance included. The cost is $31,100 for the Novus Agenda Manager, $3,900 for installation and $4,000 for the first year maintenance. The not to exceed amount includes additional funding to customize the agendas. Ayes all. FINANCE DEPARTMENT Budget Transfers – Payroll, Social Security & Regular Commissioner Matthew McCabe moved and Mayor Valerie Keehn 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 Transfers – City Center Contingency Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers for the City Center as distributed. They have all met the transfer guidelines and the availability of funds is certified (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments as previously distributed. The budget remains in balance, the amendments have met the guidelines and the availability of funds is hereby certified (Attachment C). Ayes all . Award of Bid – Municipal Leasing Consultants – Energy Performance Contracting (07-190) Commissioner Matthew McCabe said this is a resolution to ratify the energy performance contract and authorize the execution of a lease agreement in the original principal amount of $1,721,297. He said there is a November 15 closing date scheduled on this matter. He explained that this resolution allows the City to 5 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 finance the emergency performance contract. There were 7 bids received with this one being the lowest (Johnson Controls). The City will make an application for NYSERDA to buy down the financing rate by 50 percent. The entire process will take 4 to 6 weeks to complete. The first lease payment (interest only) is due on December 15, 2008, with the first principal payment due in 2009 Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adopt the resolution ratifying the executive of an energy performance contract and authorizing the execution of a lease agreement in the original principal amount of $1,721,297 (Attachment D) . 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. Mayor Valerie Keehn thanked everyone involved in this project. She said that the addition of the solar panels at the water treatment plant was a good thing. 2006 Financial Report Presentation Commissioner Matthew McCabe requested that the 2006 Financial Report Presentation be held on November 20 at 5:45 p.m. Council members agreed. 2008 Comprehensive Budget – Discussion Commissioner Matthew McCabe reviewed the proposed 2008-2013 capital program. The proposed 2008 capital budget totaled $13,298,314 with $11,513,314 of that being bonded. That leaves approximately $14.5 million available for future capital projects. Included in the capital program is funding for the renovation of City Hall at $2 million in 2009. The Council has had a series of budget workshops and it is time for the Council to adopt a budget that the citizens will support. He did not see this budget getting any better and he would not let it get any worse. There are many capital projects that are as equally important as the DPW facility. The Council needs to address revenue streams. It was time to look at the sales tax and the possibility of increasing it to 8 percent. Bonding also needs to be reviewed. The City has lost bond money because projects have not been pursued. He said there are strong beliefs on the lease buy/back option that it is not appropriate or legal, however, that could be debated. The fact is that it is cheaper, cleaner and more efficient if the City uses the bonding process. The City’s bonding capability is still the envy of other communities. This City, while doing well, is not immune to fiscal problems. Commissioner Matthew McCabe said he proposed to bring this budget forward for a vote at the November 15 special Council meeting. A budget needs to be adopted by November 30. DEPARTMENT OF PUBLIC WORKS National Grid Lease Extension (07-191) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the extension of the lease with National Grid for the Weibel Avenue property. The lease currently expires on July 31, 2008, and the new monthly payment will be $5,400. He further moved to authorize the Mayor to sign the lease agreement. Ayes all. Veteran’s Walk of Honor – Trust Fund Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the purchase of veterans bricks for the veterans walk of honor from the veterans walk of honor trust fund at $1,161.13. A budget amendment will be done. Ayes all. Interlaken Change Order 6 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve change order #1 for the Interlaken Water System Improvement project to reduce the project by $3,000 with A. Ritz., Inc. Ayes all. Political Signs Commissioner Thomas McTygue requested that candidates pick up all of the political/election signs as soon as possible. DEPARTMENT OF PBULIC SAFETY Traffic Signals in City Code (07-192) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve amendment to Chapter 225-66 and 225-67 Vehicles and Traffic as previously discussed. Ayes all . GBR Ballston Avenue Easement Agreement (07-193) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the easement agreement documents with GBR Ballston Avenue, LLC. Ayes all. DCJS Grant Award – Authorization for Mayor to Sign (07-194) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the documents for the DCJS Grant Award in the amount of $15,839. Ayes all. Donation – Horse – Police Mounted Patrol (07-195) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to accept the donation of the horse for the mounted patrol. He said the additional cost is $2,700 annually. The horse will be kept at the same facility and maintained by the same people as the first horse. Ayes all. This funding has not been included in the 2008 budget. There will need to be transfers to cover this expense. Welcome Back Lt. Pat Rocco Previously discussed. Police Awards Previously discussed. SUPERVISORS Cheryl Keyrouze Not present. Joanne Yepsen 2008 Saratoga County Budget: Joanne Yepsen said the proposed 2008 County budget has been released. It totals $231 million. There will be public hearings and it is scheduled for adoption on December 12. There is an executive summary available for review. Veterans Day Service – Joanne Yepsen said there was a Veterans Day program scheduled for November 11 at 11:00 a .m. in Congress Park. She encouraged everyone to attend. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the public comment period. 7 of 8 City of Saratoga Springs City Council Meeting Minutes Wednesday, November 7, 2007 ADJOURN Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 8:00 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 8:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 8 of 8