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City Council

Regular Meeting

Saratoga Springs, NY · February 19, 2008

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Minutes

City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 19, 2008 6:45 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney CALL TO ORDER Mayor Scott Johnson called the meeting to order at 6:35 p.m. EXECUTIVE SESSION Mayor Scott Johnson moved and Commissioner John Franck seconded to adjourn to executive session at 6:35 p.m. to discuss proposed or pending litigation. Ayes all. Council members returned at 6:45 p.m. PUBLIC HEARING Stop Sign Ordinance Tony Izzo said that this is an amendment to Chapter 225-77 of the City Code to update the stop sign ordinance by adding or deleting stop signs. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Street Closing Ordinance Tony Izzo said this is a proposed amendment to Chapter 225-23c of the City Code to update the requirements for street closures. He said that currently the Department of Public Works is the only department that needs to be notified of street closures. With the new proposal, Department of Public Safety will become the lead department in street closures. Of the street closure is for construction work, a permit from DPW will also be required. Attached to the ordinance is a memo which outlines the process. He said that street closures under the special events permitting process will remain the same. 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Capital Budget Amendment Anthony Scirocco said this is a public hearing to amend the capital budget by transferring $20,000 from the loader line to the bucket truck line. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. John Kraus, 229 Grand Avenue, said that last December he recommended to the Council that citizens have the opportunity to place their ideas/concerns on the agenda for discussion. He said that in the state of city address the Mayor mentioned town meetings and he believed that was a good idea. He commended the Council for moving forward on the recreation facility but asked if other sites were looked at and whether the Council would hold public hearings before finalizing the location and the contractor. He hoped the budget presentation this evening would be visual rather than just words. He asked where the $2 million surplus from last year was and was it still available. He said he was concerned with the water rate increase. Jim Zack, Saratoga Healthy Transportation Network, said that this group advocates for non- mechanized transportation in the City. They were very concerned with the impending loss of the Price Chopper. He said many residents in the downtown area have limited mobility. Some do not have cars. The cost of transportation has risen so dramatically that it is cost prohibitive for those who are unemployed or underemployed to own a car. Those residents need a grocery store in the downtown area. He said that while the bus transportation system has improved, the cost of $2 round trip bus fare still makes the downtown Price Chopper the more economical choice. The downtown Price Chopper is a pedestrian friendly store. It’s easy for those who work and live downtown. Two of the goals in the City’s Comprehensive Plan are: a) promote a broader mix of uses in selected areas which promotes pedestrian and bicycle access and transit service b) and traditional neighborhood design in order to reduce dependence on cars. He encouraged the Council to play a role in the sale of the Price Chopper lot. Lew Benton, 29 Thorobred Drive, said he was advised that the proposed bond resolution on this evening’s agenda does not include the DPS facility. He hoped for an explanation when Commissioner Ken Ivins presented the motion this evening. There is currently $500,000 available in the debt service towards this project. More importantly, the residents have already been taxed 17 cents per thousand on the $8 million for the DPS facility. It is part of the $5.35. If the entire $500,000 is not used this year, it can and should be carried forward to 2009. There is a budget for this project, the tax increase has been levied and the contract has been awarded for the design. He said that last fall there were many quotes by all of those running for office supporting this facility. He said these quotes ranged from “desperately needed” (John Herrick, Chair City Republic Committee), “wholeheartedly in favor” (Mayor Scott Johnson), “deplorable conditions” (Commissioner Ken Ivins), “most definitely support” (Commissioner Richard Wirth), and “we must prepare for the future” (Supervisor Matthew Veitch). He said it appears that we are all of one mind. The money is in the budget. The tax levy has been imposed. If the project is kept within the $8 million, there will be no future tax increases. 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Charlie Samuels, 23 Thomas Street, said he and his wife moved here awhile ago and their two biggest criteria when selecting a house was that the home be downtown and near a supermarket. His family is disappointed that the store might be leaving. The current trend in real estate is for communities to be walkable. The City of Nyack used to have three downtown supermarkets, they disappeared but now they are returning. He said he was not against large scale buildings, but suggested that some thought be given to having a supermarket located within the new buildings. He said the buyers of the condos would love to have a supermarket on the first floor. He asked that the Council try to keep a supermarket downtown. Doug Haller, 4 St. Jude Court, member of the Dance Flurry, thanked the Council and the community for hosting the dance flurry over the weekend. He said the dance flurry has been in the City for nearly 15 years. It is a not-for-profit organization with 35 people on the planning committee. The dance flurry is a good, economic stimulus for this community in an otherwise slow time. He said there is a lot of support throughout the community for this program through the use of buildings, donations, hotel space, etc. He thanked the Council for their support and urged them to attend next year. Kyle York, 59 Railroad Place, suggested that some thought be given to allowing the public to make three minute presentations rather than two minutes during the public comment period. He said if there has been a problem with the phone system since December, it should have been documented and repaired. The newspapers have stated that it had been an ongoing program that was handed off to this administration by the previous administration. He urged the Council to follow the paper trail on this matter and hoped that the residents would hear the full story. Mark Lawton, 209 Nelson Avenue, reminded the Council that budget amendments must follow section 4.4.10 of the charter. Bill Springer, 55 Catherine Street, encouraged the Council to try to keep the supermarket downtown. He said it’s important to keep a supermarket for those who need to walk. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. EXECUTIVE SESSION CSEA City Hall Health Benefits Arbitration (08-22) Mayor Scott Johnson said that during the executive session a vote was taken to allow the City to retain the services of Harris Beach law firm at $150/hour, not to exceed $5,000, to defend the City in the arbitration filed by CSEA City Hall regarding health insurance benefits. PRESENTATION None. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve the consent agenda as follows: 1. Approval of Minutes: February 5, 2008 2. Award of Bids: Flowers: Sunnyside Gardens – various prices Street Trees: Northern Nurseries – various prices 3. Appointment: Commissioners of Deeds - John Carey, Joseph Carey, John Strauss, Gregory Santos, Glen Vidnansky, Mark Leffler, Glenn 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Barrett, Michael Welch, Stacy Rigano, Joseph Arpei, Denis Butler, Dave Levanites, Timothy Sicko, Paul Veitch and David Krylowicz all of the Police Department 4. Approve Budget Amendments (Attachment A) 5. Approved Budget Transfers (Attachment B) 6. Approve Payroll: 2/8/08 $404,833.68 2/15/08 $467,342.18 7. Approval Warrants: 2007 Mid MC7DEC07 $ 55,965.89 2007 Regular 6DEC07 $ 93,009.40 2008 Mid MC1FEB08 $178,616.86 2008 Regular 2FEB08 $155,736.79 Ayes all. MAYOR’S DEPARTMENT Legal Contract for Land Use Boards (08-23) Mayor Scott Johnson moved and Commissioner John Franck seconded to retain the law firm of Miller Mannix for the land use boards on an as needed basis at the rate of $140/hour not to exceed $15,000. Ayes all. ACCOUNTS DEPARTMENT Stewart’s Shops Zoning Amendment Commissioner John Franck said that pursuant to the Council’s request of January 16, the City Planning Board reviewed the Stewart’s Zoning Text Amendment at their January 23 meeting. This request originates from the applicant’s desire to expand the permitted uses identified in the bath house/health center/spa definition, specifically within the Tourist Related Business District (TRBD) in the area of Maple Dell and Marion Avenue. The Planning Board engaged in substantial discussion on this matter. Since the request is not site specific, the application of this definition would have city-wide impacts in all zoning districts which currently permit bath house/health center/spa uses, in particular the TRBD district along the Route 9 gateway in the City from Exit 13. During this discussion, the Planning Board questioned the appropriateness of the TRBD zoning district in the area in question as well as in the area of Gridley Street and South Broadway between Driscoll Road and Columbia Avenue. The Planning Board suggested a South Broadway Gateway study would be a worthwhile endeavor to better understand the appropriateness of the zoning within this important gateway into the City. Ultimately, by a 3-4 split vote, the Planning Board denied the motion to issue a favorable advisory opinion. The Planning Board also noted other options available to the applicant including a request for a use variance or a request for rezoning. Commissioner John Franck requested that a public hearing be held on Tuesday, March 4 at 6:55 p.m. FINANCE DEPARTMENT DPW Transfer Commissioner Ken Ivins moved and Commissioner John Franck seconded to approve the DPW transfer as submitted. The transfer has met the guidelines and the availability of funds is hereby certified (Attachment C). Ayes all. Commissioner Ken Ivins noted that the water plant trainees were still not fully funded and that would need to be addressed at a later time. 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 2008 Bond Resolution (08-24) Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to adopt the following bond resolution: BOND RESOLUTION DATED FEBRUARY 19, 2008 A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,513,314 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE VARIOUS CAPITAL PROJECTS IN AND FOR SAID CITY AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE COMMISSIONER OF FINANCE. BE IT RESOLVED, by the City Council of the City of Saratoga Springs, Saratoga County, New York (the "City") (by the favorable vote of not less than two-thirds of all of the members of said City Council) as follows: SECTION 1. The specific purposes (hereinafter referred to as "purposes") to be financed pursuant to this resolution are as follows: (a) the reconstruction of the Lake Avenue Fire Station, at an estimated maximum cost of $231,438; (b) the reconstruction of the West Avenue Fire Station, at an estimated maximum cost of $75,100; (c) the reconstruction of the Department of Public Works City garage, at an estimated maximum cost of $150,000; (d) the installation of a security system for City properties, at an estimated maximum cost of $49,025; (e) the construction of storm water carriers from the intersection of Frank Sullivan Place at Lincoln Avenue westerly along Lincoln Avenue and southerly along Nelson Avenue to Gridley Street, at an estimated maximum cost of $650,000; (f) the construction of sanitary sewers along Jefferson Street from Crescent Avenue to Fenlon Street, at an estimated maximum cost of $1,000,000; (g) the construction of storm water carriers in the Vanderbilt Avenue, Lincoln Avenue and Village at Saratoga neighborhoods, at an estimated maximum cost of $1,000,000; (h) the upgrade of the police radio communication system, at an estimated maximum cost of $150,000; (i) the reconstruction of various City building facilities, at an estimated maximum cost of $150,000; (j) the installation of a new telephone system for City buildings and offices, at an estimated maximum cost of $170,000; (k) the reconstruction of the ceiling of the Saratoga County Arts Council building, at an estimated maximum cost of $20,000; (l) the purchase of a bucket truck, at an estimated maximum cost of $150,000; (m) the purchase of a tractor backhoe/loader machine, at an estimated maximum cost of $100,000; (n) the replacement of the traffic signal equipment at the intersection of Division Street and Railroad Place, at an estimated maximum cost of $105,000; (o) the installation of lighting at the Geyser Park playing fields, at an estimated maximum cost of $253,000; (p) the installation of a well and sprinkler system at the Geyser Park playing fields, at an estimated maximum cost of $33,000; (q) the installation of a camera security system at City Hall, at an estimated maximum cost of $76,751; and (r) the purchase of a rescue truck, at an estimated maximum cost of $150,000. SECTION 2. The City Council plans to finance the total cost of said purposes by the issuance of serial bonds of the City in an amount not to exceed $4,513,314, hereby authorized to be issued therefor pursuant to the Local Finance Law. SECTION 3. It is hereby determined as follows: (a) The purposes referred to in items (e), (f) and (g) of Section 1 above, for which $2,650,000 of said serial bonds are authorized to be 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 issued, are objects or purposes described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purposes is forty (40) years. (b) The purposes referred to in items (a), (b) and (c) of said Section 1, for which $456,538 of said serial bonds are authorized to be issued, are objects or purposes described in subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purposes is twenty-five (25) years. (c) The purpose referred to in item (n) of said Section 1, for which $105,000 of said serial bonds are authorized to be issued, is an object or purpose described in subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purpose is twenty (20) years. (d) The purposes referred to in items (i), (k), (l), (m), (o) and (p) of said Section 1, for which $706,000 of said serial bonds are authorized to be issued, are objects or purposes described in subdivisions 12(a)(2), 19(c) and 28 of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purposes is fifteen (15) years. (e) The purposes referred to in items (d), (h), (j), (q) and (r) of said Section 1, for which $595,776 of said serial bonds are authorized to be issued, are objects or purposes described in subdivisions 25 and 27-a of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purposes is ten (10) years. SECTION 4. The proceeds of the bonds authorized by this resolution, and any notes issued in anticipation thereof, may be applied to reimburse the City for expenditures made after the effective date of this resolution for the specific purposes set forth herein. This resolution shall constitute a statement of official intent for purposes of Treasury Regulation Section 1.150-2 of the United States Treasury Department. SECTION 5. Each of the bonds authorized by this resolution, and any notes issued in anticipation thereof, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the City are hereby irrevocably pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on said bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. SECTION 6. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes, and the power to prescribe the terms, form and contents of said serial bonds and said bond anticipation notes (including, without limitation, dates, denominations, maturities, interest payment dates, consolidation with other issues, manner of execution and redemption rights), and the power to determine to issue said bonds providing for substantially level or declining debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds, are hereby delegated to the Commissioner of Finance, the chief fiscal officer of the City. The Commissioner of Finance is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 bonds, and the City Clerk is hereby authorized to affix the corporate seal of the City to any of said serial bonds or any bond anticipation notes and to attest such seal. SECTION 7. The Commissioner of Finance is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code. SECTION 8. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. SECTION 9. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in The Saratogian and The Daily Gazette, two newspapers each having a general circulation in the City and hereby designated as the official newspapers of the City for such publication. SECTION 10. This resolution shall take effect immediately upon its adoption. Commissioner Ken Ivins said this bond resolution covers all of the projects except the DPS facility. It was likely that the bond would be issued in August. By adopting this bond resolution allows for the much needed infrastructure projects to begin. He said that the DPS facility would likely not begin construction until well into the fall. He said that there needs to be a plan in place and then the financing needs to be put into place after. Commissioner Ron Kim said he would not support this motion. He said the public needs to understand that the City has spent $30,000 to do a feasibility study. The most recent feasibility study fed off the previous 8 studies which dated back to 1986. The existing police department is inadequate for the 70 uniformed officers. His department worked hard with the capital budget committee on this project. The capital budget committee ranked the DPS facility as the number one priority and that program was adopted by the Council in November 2007. The residents have been taxed on the $8 million facility. There has been no other project in the City that has had such an exhaustive analysis. The City is now under contract with a consultant to design this facility and he hoped they would come back with a design for an $8 million facility. He said that for the Council to adopt this bond resolution this evening and not include the DPS facility was irresponsible. He agreed there were many statements made by those running for office last fall and it was time for those people to support this facility. This was simply another delay and deny tactic. He said everyone can thump their chests about being conservative, but the fact remains that City needs a new police station. When the last study was commissioned it came back at $220 per square foot to build a facility and now 3 years later it has come back at $360 per square foot. To delay and deny simply adds more cost to the project. The need is not going to 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 go away. Every time the City goes out to bond it costs the City money and he asked where that money would come from. He said that individuals got elected this past fall based on their statements. No one disagrees that this project needs to be done. He would not support this motion though because the DPS facility had not been included. Commissioner John Franck said he has always had concerns with the site location and the lack of plans. He said it makes no sense to support the project until there is a plan. It was his understanding from former Commissioner Matthew McCabe that the $500,000 bond money could be used towards debt reduction. The statement made by Lew Benton that there would not be any more increases is not true. If the project was bonded this year, there would likely be an interest only payment; however, next year, there would be two payments (principal and interest). He said there have been conversations on whether to bond all projects all at once or separately and he believed that bonding separately ultimately saved the City money. It just doesn’t make sense to bond a project without a plan. The taxpayers are paying a three percent tax increase this year that they should not have been paying. He also pointed out that just because the Council approves the capability to bond a project, does not necessarily mean that the project would be bonded. He would support the motion as presented. Commissioner Anthony Scirocco said that he too believed there needed to be more information on this project before it was bonded. The Council owes it to the taxpayers to do their due diligence before bonding project. He said he would support this motion. Mayor Scott Johnson said that he too had some serious misgivings about bonding projects. He said he would support this motion and that the Council needs to move forward on the projects that it can agree on. There are many people who believe that the projects that are being bonded this evening are just as important as the DPS facility. He said he did not want to burden the taxpayers with over bonding. Roll call vote: Commissioner John Franck aye Commissioner Ken Ivins aye Commissioner Anthony Scirocco aye Commissioner Ron Kim nay Mayor Scott Johnson aye Motion carried. July 4th Activities Commissioner Ken Ivins said the July 4th festivities are moving along. The event will be called “Saratoga All American Celebration Family Freedom and Founding Fathers”. This will be a three day event beginning on July 4th with heritage and independence activities, fireworks, etc. This will not be funded through the City’s budget. The steering committee will solicit donations to cover all expenses. City Budget Commissioner Ken Ivins said that as required by the charter, it is his responsibility to alert the Council of any concerns on the City’s finances. To that end, he wanted the Council to be aware of some issues and to educate the Council on the general fund budget. He did this through a power point presentation: City data: population 26,186 (2000) 28,036 (July 2005), median resident age: 36.3 estimated median household income in 2005 $54,400, and estimated median house/condo in 2004 $192,300 ($128,400 in 2000). Distribution of residents’ ages: majority between 20 to 55 year age. 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 2005 estimate of house values: many in the $200,000 range. Number of households per income level: many families below the $50,000. History of general fund budget: significant increase between 2000 and 2008, while the amount from property tax collection has not risen significantly. General Fund tax history: showed total budget, amount from property tax, assessed property value, full property value and average tax rate. He noted that with the increase in assessed value, taxes have risen because the assessed value had risen. City Comparison: He showed the tax rates for comparable size cities, noting that there was some adjustment to those figures because not all communities were at full valuation. Amount Bonded: Some years there has been no bonding while in recent years there has been significant bonding. Local taxes: He showed that 59 percent of the residents’ taxes go to school taxes, 24 percent to the City, 13 percent to the County and 4 percent to the library. Sales Tax history: Showed the revenue from 2000 to 2008 budget noting that in 2003 the City left the County formula. He said the City may not meet the projected budget sales tax figure of $9.3 million. Factors that impact sales tax collection: price of gas, track season, economy and Kohl’s. He said Kohl’s could generate between $50,000 and $100,000 in sales tax. He believed that Saratoga Springs would not be hit as hard on the economy as other areas of the state. Unappropriated General Fund Balance: Commissioner Ken Ivins showed that in 2000 the unappropriated general fund balance was at $4 million, with a steady decrease to 2003 and in 2005 a deficit. He said that the estimate for 2007 was $1 million in that fund. Why is unappropriated fund balance important: It’s a rainy day fund, it impacts the bond rating and interest rate and reduces the need for short term cash flow. Estimates to bond $8 million at 4.25 percent: principal $8 million, interest $5.1 million, total payment $13.1 million, average annual debt, $436,666. Facts about the 2008 general fund budget: from 2007 to 2008 the general fund budget went from $35.5 million to $37.8 million; property tax levy is $14.8 million, of the $37.8 million $30.2 million were mandated or contractually obligated expenses; of the $30.2 million $29.6 million were personnel related expenses; that leaves $7.6 million for utilities, supplies, equipment, salt, sand flowers, road repairs and traffic signs. General fund budget issues: potential revenue shortfalls: sales tax (between $350,000 and $600,000), parking ticket income (between $50,000 and $100,000), NYRA admissions (between $25,000 and $100,000), OTB surcharge ($60,000), occupancy tax (between $25,000 and $100,000), mortgage tax (is off 11 percent). Potential expense overruns: gas and oil (between $50,000 and $85,000). Total impact of revenue and expense issues: between $500,000 and $1,045,000 shortfall. Bright side: The City will receive $747,000 grant for the Energy to Ice program and recently negotiated interest rate increase to the bond account will generate an ongoing $40,000 per year income to the capital account. 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Future concerns: The City received $3.8 million in 2007, the Governor has proposed a reduction to $1.9 million in 2009 and $0 in 2010, currently $14.8 million of the City’s budget is funded through property taxes and a revenue loss of $1.9 million represents about 13 percent increase in property taxes. Conclusions: While the city is at a cross roads, it is not in a major fiscal crisis. The City needs to tighten its budget though. We need to find ways to reduce our expenditures and increase revenues. Commissioner John Franck thanked Commissioner Ken Ivins for the presentation. He said though that the City’s tax rate is still the lowest in the state. Almost two thirds of residents’ taxes are for school taxes. The VLT money is 10 percent of the City’s revenues and about a quarter of the property taxes. If the City loses the VLT money, property taxes could go up as much as 26 percent. He said he was glad to see that Commissioner Ken Ivins is doing the arbitrage. Supervisor Joanne Yepsen said that County has been looking at the internet sales and the impact on the sales tax revenue and asked if Commissioner Ken Ivins had looked into that yet. Commissioner Ken Ivins said net yet. He said that it appears that it is a national as well as a local issue. He said that he believed that the state would need to take action on this before the City could. DEPARMTENT OF PUBLIC WORKS Amend Capital Budget for Bucket Truck Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to approve the capital budget amendment for the bucket truck by transferring $20,000 from the loader line to the bucket truck line. The loader came in under budget and the bucket truck came in over budget. Ayes all. Church Street Reconstruction Commissioner Anthony Scirocco announced that on Tuesday, February 19, 2008, there will be a public meeting to present the roadway concepts for the Church Street reconstruction project. The presentation will be at City Hall from 7:00 p.m. to 8:00 p.m. in the Council room. Key issues are to improve the intersection of Church and Myrtle Streets, install a new traffic signal, replace and upgrade the existing water main along Church Street and improve surface drainage along Church Street. South Broadway Project Commissioner Anthony Scirocco said that on January 15, 2008, the Council awarded the South Broadway reconstruction project to Kubricky Construction Company at $1,856,562. The project extends along Route 9 just north of West Fenlon Street to the intersection of Route 50 and involves the reconstruction of pavement, curbing, sidewalks, drainage, lighting and streetscape amenities. The project will begin in early spring and stop during the track season with the final items to be completed in the spring of 2009. Nelson Avenue Commissioner Anthony Scirocco said the first phase of the Nelson Avenue drainage project was completed in December and involved the installation of a 36 inch storm sewer form the main entrance of the race track on Union Avenue and ran through the track to the intersection of 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Lincoln Avenue and Franck Sullivan Place. The second phase of the project will extend the storm sewer west on Wright Street, South on Jackson Street, West on Steele Street, South on Jefferson Street, West on Fenlon Street and South on Vanderbilt Street to the entrance of the Villages at Saratoga Development. The bid will be opened on March 27. DEPARMENT OF PUBLIC SAFETY Phone System Commissioner Ron Kim said he went to the press with his concerns on the phone difficulties because he wanted the public to know that that there had been some problems. He said the public needed to be aware of how to contact the police department. He said the Police Department has been trying to update both the radio and telephone systems over the last few years and recently City Hall has been looking to update the City Hall phone system. He said in July 2007 they were having problems with telephone service in the police station. The phone calls were simply not ringing in the police department. They have experienced the loss of phone calls on three separate occasions. They have had the telephone technicians in a few times to look at this problem but they have not found the source. There is no problem reaching the Police Department by dialing 911, it is with the regular 584-1800 number. He said they had been working with the prior administration on this matter and they had been speaking to a number of vendors. One of those vendors would be able to save the City nearly $100/month on telephone services. He said he was ready to move forward, however, was asked to delay the project because of the proposed City Hall system. His office is ready to move forward. His intent by going to the newspapers was to make the residents aware of the problem. Commissioner John Franck clarified that the 911 number is working. Commissioner Ron Kim said yes. He said it is the 584-1800 number where the calls have not reached the department. Commissioner John Franck asked if this matter had been discussed at Safety Committee. Commissioner Ron Kim said yes. Commissioner Anthony Scirocco said there is $170,000 in the capital budget for a new telephone system and asked if the Police Department was included in that $170,000. Commissioner Ron Kim said that using the proposals that he had received from vendors, would not require any capital money. One of these proposal could save the city as much as $80/month. He said he did not believe that this matter needed to wait for capital budget discussions. Mayor Scott Johnson said that the first time he had heard the concerns about the loss of phone calls was on February 12 at the Safety Committee meeting where it was announced as an urgent situation. He said that once he heard this he suggested that there be a quick meeting to push this matter along. He said the Safety Committee will hold a second meeting this month on February 25 to discuss this matter. He could not speak for the prior administration but now that it has been identified as a critical issue, it would be addressed. He was willing to work with DPS on this matter, however, believed that a comprehensive solution would be better for the City. Commissioner Ron Kim said what lead to his concerns on the possible delay of this project was that he had received an email from one of the DPS attendees of the Safety Committee meeting whereby that individual informed him that the response to the urgent need was to form a committee. He said this is not a committee issue. This is an issue that needs to be responded to now. This is a health and safety matter and the public needs to be aware. Mayor Scott Johnson said it is important for departments to talk to one another and he believed that there should have been some internal discussions before gong to the press. Commissioner Ron Kim said his desire to go to the press was one of public awareness. He said that residents need to know how to get in touch with the Police Department. 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Street Closing Procedures (08-25) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the Street Closing ordinance as follows: AN ORDINANCE TO AMEND CHAPTER 225, SECTION 225-23(C) OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED "VEHICLE AND TRAFFIC – TEMPORARY STREET CLOSINGS". BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Section 225-23(C) of the Code of the City of Saratoga Springs, New York, entitled "Vehicle and Traffic – Temporary Street Closings", is hereby amended to read: “C. No person, corporation or other legal entity shall close any City street or part thereof without having first obtained a temporary street closing permit. Applications for such a permit shall be made in writing to the Department of Public Works, and shall be reviewed and approved by the Department of Public Works, the Department of Public Safety, and the Department of Accounts.” 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. Ayes all. Stop Intersection Ordinance (08-26) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the Stop sign intersection ordinance as follows: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED “VEHICLES AND TRAFFIC” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1: Section 225-77 of the Code of the City of Saratoga Springs, entitled “Schedule XII: Stop Intersections”, is hereby amended to add the following stop intersections. Stop Sign On Direction of Travel At Intersection of Alfred Court Northeast Bog Meadow Run America Way (north end) Northwest Dyer Switch Road America Way (south end) Northwest Dyer Switch Road Aurora Avenue Southeast Dyer Switch Road Aurora Avenue West Jenna Jo Avenue Azalea Drive North Magnolia Drive Azalea Drive West Ingersoll Road Balman Court North America Way Beacon Hill Drive South Meadow Brook Road Beacon Hill Drive East Meadow Brook Road Bog Meadow Run North Bog Meadow Run Brookview Terrace East Stafford Bridge Road 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Brookview Terrace North Lake Avenue Campion Lane South Waterview Drive Cassidy Drive Northwest Waterview Drive Cassidy Drive Southwest Crescent Avenue Cherry Tree Lane South Old Schuylerville Road Doggett's Coat Place South Regatta View Drive East Ridge West Julians Way East Ridge West Julians Way Ellis Avenue Northwest Ballston Avenue Emerald Lane East Evergreen Drive Eton Court Southwest Regatta View Drive Eton Court Southwest Regatta View Drive Evergreen Drive (north end) West Buff Road Evergreen Drive (south end) West Buff Road Flying Dutchman Way South Regatta View Drive Friar Tuck Way South Sherwood Trail Furlong Street West Thoroughbred Drive Furlong Street East Vanderbilt Avenue Horseshoe Drive West Thoroughbred Drive Horseshoe Drive North Furlong Street Iris Drive East Ruggles Road Iris Drive North Edie Road Ironwood Drive West Ruggles Road Jenee Way West Sherwood Trail Jenee Way South Grand Avenue Jenna Jo Avenue North Aurora Avenue Julians Way North Crescent Avenue Karner Drive West Tommy Luther Drive Lady Slipper Court Northwest Bog Meadow Run Larkspur Drive South Karner Drive Larkspur Drive North Adams Road Lilac Lane West Ingersoll Road Liz Ann Drive South Old Schuylerville Road Magnolia Drive South Azalea Drive Mallard Landing East Pheasant Run Marigold Court South Lilac Lane Marigold Court North Azalea Drive Oak Brook Boulevard Northwest Saddle Brook Drive Oak Brook Boulevard Southeast Meadow Brook Road Oak Ridge Boulevard North Meadow Brook Road Oak Ridge Boulevard South Oak Ridge Boulevard Oak Ridge Boulevard Both Jenna Jo Avenue 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 Oak Ridge Boulevard South Dyer Switch Road Oak Ridge Boulevard (split) North & South Aurora Avenue Overlook Court (east end) Southeast Regatta View Drive Overlook Court (west end) South Regatta View Drive P.D. Harris Road West Sandspring Drive P.D. Harris Road Southeast Ruggles Road Pheasant Run South Summerfield Lane Regatta View Drive Northwest Dyer Switch Road Regatta View Drive Southwest Union Avenue Rolling Brook Drive West Winding Brook Drive Rolling Brook Drive North Saddle Brook Drive Rose Ridge Court Southwest East Ridge Royal Henley Court Southeast Regatta View Drive Saddle Brook Drive West Winding Brook Drive Saddle Brook Drive North Stony Brook Drive Shadow Brook Drive North Rollling Brook Drive Shadow Brook Drive South Beacon Hill Drive South Point Road North Summerfield Lane Stony Brook Drive West Winding Brook Drive Stony Brook Drive South Stony Brook Drive Sundance Drive East Waterview Drive Sundance Drive West Cassidy Drive Thames Way North Regatta View Drive Thoroughbred Drive South Crescent Street Thoroughbred Drive South Furlong Street Tiffany Place (east end) North Geyser Road Tiffany Place (west end) North Geyser Road Timber Brook Drive South Stony Brook Drive Timber Brook Drive North Winding Brook Drive Tommy Luther Drive North Geyser Road Tyler Drive Southeast Arrowhead Road Tyler Drive North Tyler Drive Waterview Drive (east end) Southeast Crescent Avenue Waterview Drive (west end) South Crescent Avenue Westbury Drive East Buff Road Wheatstone Court West Pheasant Run Wilshire Boulevard East Tiffany Place Winding Brook Drive South Beacon Hill Drive Winding Brook Drive Both Rollling Brook Drive Winding Brook Drive East Stony Brook Drive Woodbridge Court East Buff Road Woodbridge Court South Westbury Drive 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 SECTION 2: Section 225-77 of the Code of the City of Saratoga Springs, entitled “Schedule XII: Stop Intersections”, is hereby amended to delete the following: Stop Sign On Direction of Travel At Intersection of Brook Road North Church Street Cady Hill Boulevard North Geyser Road Congress Avenue West West Avenue Congress Street East Broadway Crescent Avenue North Union Avenue East Avenue Both Excelsior Avenue East-West Road West Ballston Avenue Eureka Avenue South Lake Avenue Excelsior Avenue Both East Avenue Geyser Road East Ballston Avenue Grove Street West Broadway Hamilton Street Both Ballston Avenue Henning Road North Lake Avenue High School Driveway West West Avenue Locust Grove Road South Church Street Nelson Avenue Both Lake Avenue Nelson Avenue Both Lincoln Avenue Nelson Avenue Both Union Avenue Pine Road North Washington Street Spring Street Both Circular Street Spring Street West Broadway Union Avenue West Circular Street West Circular Street Both West Avenue West Fenlon Street East Broadway 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. Position Title Change (08-27) Commissioner Ron Kim moved and Commissioner John Franck seconded to change the title of the “Traffic Signal Electrical Technician” to “Traffic Control Technician”. There is no grade change or budgetary impact. Ayes all. Parking Tickets Commissioner Ron Kim said the City is about to begin towing vehicles of offenders who have more than $500 in unpaid parking fines. He said this was one last reminder and opportunity for those individuals to come in and pay their fines. If all of these individuals were to come in and pay their fines it would amount to between $100,000 and $150,000. 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 19, 2008 SUPERVISORS Joanne Yepsen Grants to You Program: Joanne Yepsen said they recently graduated their sixth class from the Grants to You Program. She thanked Assemblyman James Tedisco for the funding for this program. Each year they hold three classes and they have graduated 70 individuals who have raised more than $500,000 to day. She also thanked the Masie Center and Skidmore College. Legislative and Research 2008 program: Joanne Yepsen said the County has developed a 2008 priority list of legislation that they would like to see passed in New York. This list will be passed along to Senator Bruno on their annual trip to Albany. Some of the issues include the race track, VLT, health care and nursing home costs. County Public Safety Update: Joanne Yepsen said that they recently toured the County jail facility. They are discussing the size of the facility and the ways to accommodate the growth. She said she was willing to work with both the County and the City on how the County might be able to assist the City on its public safety facility matter. Commissioner John Franck asked how large was the proposed county facility. Joanne Yepsen said 41,753 square feet which encompassed all emergency services. He asked how many officers are there. Joanne Yepsen said she was not sure. Chief Ed Moore said it was slightly more than the City’s police force. She said that she could get the information and forward it to Commissioner John Franck. They plan to bond $13 million and they are also in the design phase. February Pending Resolutions: Joanne Yepsen said that the County Board will meet next week. She appreciated the NYRA matter being resolved at this point and thanked the Governor Spitzer, Senator Bruno and Assemblyman Silver for working out a settlement. She has sent a letter to the Chair of the County Board requesting that she be appointed the local advisory board on the track issues. Matthew Veitch County Radio System: Matthew Veitch said the County is moving forward on the radio system. At the next meeting the County will vote on approving three communications towers. They hoped that the radio system would be operational later this year. They have $200,000 available for the communications huts, however, 12 huts are needed so they are looking for other funding. Racing Committee: Matthew Veitch said everyone was relieved that there was a deal with NYRA. Legislative & Research Committee – VLT Revenues: Matthew Veitch said he was not a member of the Legislative & Research Committee, however, he had attended their meetings. He said that everyone is concerned that the VLT funds might be lost. He noted that the County receives $1.3 million from VLT funding which equates to about 3 percent of their taxes. He said the County needed to go a little further in trying to secure these funds in the future. This topic needs to remain in the forefront. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to adjourn the meeting at 8:45 p.m. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 8:45 p.m. Respectfully submitted, Katherine A. Moran Approved: Clerk 16 of 16

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