City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 3, 2008 6:50 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 Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS South Broadway Water Line – Capital Budget Amendment Commissioner Anthony Scirocco said this is a proposed capital budget amendment for $265,000 to replace a portion of the water line along South Broadway. They found, when working on the current South Broadway project, a portion of the water line was old, cracked and needed to be replaced. Mayor Scott Johnson opened the public hearing. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Property Maintenance Fees Ordinance Tony Izzo said the Council enacted Chapter 118 NYS Fire and Prevention and Building Codes last March. This proposed amendment renumbers and adds Article 2. It establishes a regulatory scheme for inspections and permits for multi-dwelling units, rental dwellings and rooming units that do not have cooking facilities. He explained that multi-dwelling applies to three or more units but does not apply to hotels, transient homes or buildings used for medical care or treatment. Once this ordnance has been adopted it establishes rules and fees for permits for multi-dwelling, rental dwellings and rooming units throughout the City. Commissioner Ken Ivins asked if colleges would fall under any of these classifications. Commissioner Ron Kim said dorms fall under state law. Tony Izzo said that dorms were not specifically exempted in this ordinance, however, this ordinance does not supersede state law. John Betor said that dorms fall under the NYS Education Department guidelines for inspections. They have a more stringent inspection schedule. He said it would be redundant and outside of the City’s scope to perform these types of inspections. Commissioner Ken Ivins asked if they should be specifically exempted though. Mayor Scott Johnson said he had some concerns because facilities such as nursing homes and assisted care facilities had not been exempted. Tony Izzo said that was the first draft -- they have now been exempted in the latest draft. Commissioner Ken Ivins said he had some concerns with adopting this ordinance with so many changes and 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 the latest revision just being given to Council members this evening. Commissioner Ron Kim said he had no problem in keeping the public hearing open and placing this on the next agenda. Kevin Veitch said this proposed ordinance specifically states that nothing in this ordinance would supersede the Office of Fire Prevention and Building Code regulations. Commissioner Anthony Scirocco said nursing homes and assisted care facilities fall under the Department of Health. Mayor Scott Johnson said, though, that he had some concern that there could be some types of assisted care facilities that may or may not fall under the City’s definition and he wanted to be sure that they were not missed. Kevin Veitch pointed out that the key words were medical care or medical treatment making them exempt. John Betor said there could be some clarification sought from the state to be sure that none were missed. He too said he wanted to be sure that the City hasn’t exempted a facility was also exempt from state code. Commissioner Ron Kim said this entire ordinance is simply an unfunded state mandate. They would contact the state for clarification on these questions. Tony Izzo said the exemptions could be listed regardless of whether they are identified in state law. Commissioner Ken Ivins asked about the fees. Kevin Veitch said they surveyed surrounding communities and found that what the City is proposing is consistent with those communities. He said that state law dictates the fines and penalties. Mayor Scott Johnson opened the public hearing. Wilma Koss asked if it was three rental units or one unit plus two rental units that would be required to be inspected. Tony Izzo said it was a building that has three or more rental units. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing for this evening noting that it would be carried to the next meeting. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:20 p.m. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Susan Bokan, Lincoln Avenue, said that the residents at the southside should have been consulted before the indoor recreation facility was moved to this location. She is concerned with the size of the facility, the size of the parking lot, that there will be fees charged for the programs and it will not be accessible to the local neighborhood. She asked that the Mayor’s Department speak to the residents of this neighborhood. Mary Beth Delarm, 96 Quevic Drive, thanked the supervisors for supporting the animal shelter funding at the County. She urged the Council to approve the DPS facility and to keep it green. Margie VanMeter, 175 Washington Street, said the residents of the southside were not consulted before the indoor recreation facility was moved to this new location. She said there are other locations, such as the Ellsworth Ice Cream property, that could be a good location. The Ellsworth property should not be developed into condos. She suggested that thought be given to constructing two smaller size recreation facilities. There needs to be an open process so that the Council can hear these types of suggestions. Nancy Fontaine, Camp Saradac Director, said an indoor recreation facility will accommodate the needs of the children in this community and especially the summer recreation programs. She pointed out that it is close enough to the downtown making it accessible. It would also provide a location during the inclement weather for the summer camp programs. She encouraged the Council to support the recreation facility. Evan Donnolly, 25 Schuyler Drive, said the City needs an indoor recreation facility and the southside was a good location. Weibel Avenue was not a good location because the kids cannot bike or walk to that location. The current southside play ground is underutilized. Joy King, Co-chair of the Recreation Commission, said she lived on Jefferson Street for many years. It is a good location for the indoor recreation facility. It would provide space for the summer camp programs during the inclement weather. She reminded everyone that this south side location was reviewed at the beginning of 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 this process. The facility needs to be where the kids can get to it. There will be plenty of open, free time for the youth to use this facility. It’s more than just basketball courts. Ann Bullock, 86 Lincoln Avenue, said the community needs an indoor recreation facility but the issue was where it will be constructed. She said there are some deed issues in that the City is restricted from using this location for anything other than a playground or recreation use. There could be a problem because of that deed restriction and it could potentially be a fight with the school district. According to the deed, the school district would have the right to take the parcel back if it is not used for recreational use. There are other viable locations and they should be explored. The residents should be part of the selection process. Bill Chism, 12 Orenda Spring Drive, representing the Southwest Neighborhood Association, said they support a new DPS facility. He encouraged the Council to also support a new facility. Undina Shakur, 84 Lincoln Avenue, said the community needs a facility where children can play walk and bike. She said that with the unveiling of the renderings tonight an important issue was how the rest of the site would be used. She questioned the size of an 80 car parking lot. She asked why if it was important that the youth can walk or bike, does the City need an 80 car parking lot. She also questioned opening up another street. She said this location is close to the track and it will be an issue during the summer. She had signatures of many from across the City who are concerned with using this location. It is not just a neighborhood issue, but rather it is a City issue. Ray Harrington, 207 Circular Street, supported the DPS facility and asked that the Council do the same. He said he did not want to see his taxes raised, but he also did not want to pay legal fees from lawsuits where the City has been negligent. Allen Turkheimer said the City needs a DPS facility. The City needs to explore a private/public partnership on the recreation facility. He suggested using the Ellsworth site and some affordable housing units along with the recreation facility being constructed at that location. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. PRESENTATION Indoor Recreation Facility design by Synthesis and SD Atelier Architecture Mayor Scott Johnson said the presentation of the indoor recreation facility design tonight will dispel the fears and stop the misinformation. He said the project has been scaled back while preserving the use. This is an opportunity to move forward in a positive direction. This is a multi-use facility which includes community rooms that can be used for head start, public gatherings, movie nights, etc. The facility will be open to the public as well as having structured programs. He supported the southside location because it is best for the youth of the City. The youth cannot easily access Weibel Avenue. There are a significant number of youth in the City who do not have parents who can drive them to every event. Weibel Avenue is not pedestrian or bike accessible. The money for this facility has been bonded for two years. In order to stay within the budget, it must be constructed on City owned land. There will be time scheduled for the public to make comments on this proposal. Mary Moore Wallinger, Synthesis, reviewed the design of the facility. She said both the size of the building and the parking lot have been reduced. The building is now about 35,000 square feet and the parking lot has space for 56 cars. The building has been kept close to the street with access off of Vanderbilt Avenue and the rear. The remaining green space is large enough to permit three division 1 soccer fields. The parking has been located in the rear of the parcel with about 65 feet between the parking lot and the neighboring homes. The vegetative buffers will be enhanced. The playground area will be relocated and fenced with gate access to the building and Worth Street. The existing trees along the street will remain and lighting will be at a minimum of 60 feet from neighboring properties. Shields will be used on the lights so there is no night time light pollution. The bus stop is located along Worth Street. Sue Davis said this has been a long process. The key objective is to provide a facility that is financially feasible and meets the needs of the residents. They looked at multi-use and green construction. This facility will complement not duplicate existing services. It will be a facility that is free for public use. It will offer 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 gathering space along with the gym space. There will be two collegiate size or four junior size basketball courts. Also included are rock climbing, racquet ball courts, locker room, bathrooms, main lobby area, a mezzanine, office space, concession stand, snack bar and a game room. They have included clerestories to allow for more natural lighting. There will be a multi-purpose room that can be used for adult education or meetings. She showed renderings of the facades and location of the buildings. This will not be a steel box type structure. It will be brick with varying roof lines. The height will not exceed 35 feet. There is pedestrian access from the parking lot and the street. The multi-purpose room will have a lot of glass for natural lighting. The rooms that will be used the most are located on the southside of the building. She showed the location of the spray park to the building noting that it would likely be used more because of its proximity to the building. She said they have been sensitive to the scale and mass of the neighborhood and this will blend with the neighborhood. Mayor Scott Johnson asked if Sue Davis had been involved during the review by the Planning Board and Design Review Commission. Sue Davis said she was not. Mayor Scott Johnson said the Planning Board expressed concerns with the Weibel Avenue location on sewer, traffic, pedestrian access, archaeological matters and the PBA range. Sue Davis said those concerns had been outlined in the feasibility study. Initially, there had been some discussion with a private developer, however, those discussions have since faded. There are four acres at Weibel Avenue, however, only about two of the four are functional. There is a large drop off. There were concerns on access to the site, it was not zoned for recreation and the pedestrian access was limited. She said the southside location is a better location for LEED certification. She said they propose to construct the facility using LEED principles but not LEED certification. Mayor Scott Johnson asked for clarification on LEED certification. Sue Davis said LEED (Leadership in Energy Efficiencies and Design) standards were established by NYSERDA. The criteria are point based. LEED certification is lengthy and costly. The City must be fully committed to the budget in order to obtain LEED certification. It is more expensive in the beginning, but over the long run saves money. She said this is a 35,000 square foot facility and about 53 percent of the parcel will remain as green space. She noted that urban planning calls for bringing the building close to the corner and creating streetscapes. This site is approximately 3 1/2 acres. The facility also includes a walking track – not running though. Commissioner Ron Kim asked about the estimated cost. Sue Davis said it is estimated at $153 per square foot. He asked about site costs. He said it was his recollection that with the last presentation for the building on Weibel Avenue the façade was somewhat disappointing. It did not include a racquet ball court, the track was simply lines painted on the floor and the roof lines were more simplistic. He said this new proposals seems to have more and asked how they planned to stay within budget. He said the shooting range has not been a problem in the past. There are soccer fields located near the shooting range. Don Davis said that they have spent a lot of time reviewing the costs and they are confident that they can stay within the budget. They have added some elements, however, the size of the building has been reduced. He noted that the southside location has a lot of amenities (water, sewer, septic, storm sewer) that the Weibel Avenue location did not. Sue Davis said they have consulted with Michael Mansfield on the construction costs. He has been involved with the construction of many local YMCAs and he has informed them that generally speaking the YMCAs are coming in at about $160 per square which in most cases includes a pool. She said they have added to the façade of this structure because a steel frame building would be inappropriate at this location. They elevated the quality of the materials, however, the building size was reduced. This is a more developed design. Commissioner Ken Ivins said at $160 per square foot the total would be near $5.6 million and the City has $6.5 million available. Commissioner John Franck asked if the furniture, fixtures and equipment had been included in this budget. Sue Davis said there is funding for some material and site costs which brings the budget up to $6.5 million. She said they are confident that they will stay within budget. Commissioner John Franck asked about an operating budget. Mayor Scott Johnson said they were still working on that it would bring it to the Council. Commissioner Ken Ivins noted that the City currently rents space for some of the structured sports, so those costs will stop. He asked for revenue projections though. Mayor Scott Johnson said that would be done. Commissioner Anthony Scirocco asked about a traffic study. Mayor Scott Johnson said that Creighton Manning was hired to do a traffic study and the results would be back shortly. Commissioner Anthony Scirocco said that he was a little concerned because his budget would be impacted with this new facility. His staff maintains the facility with grass cutting, cleaning courts and regular day to day maintenance. He would like to see the numbers and how his budget was going to be impacted. The issue with the deed and the school district also needed to be reviewed. Mayor Scott Johnson said he had already looked at that issue and his concerns were satisfied. He said that maintenance expenses would be offset. Commissioner Anthony 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Scirocco said there will be an impact to the DPW budget and he would like to see those numbers. He said at some point the debt service is satisfied, but the operational and maintenance costs will continue. Commissioner Ron Kim said he supported the recreation facility and will continue to support it, but he had the same concerns as Commissioner Anthony Scirocco. There will be budgetary impacts. There are deed issues that need to be resolved. However, the longer the delay in constructing the costs will rise. Commissioner Ken Ivins said there is a three year window because of bonding. Commissioner John Franck said there could be arbitrage as explained to the Council by the bond counsel representative. Mayor Scott Johnson thanked Sue Davis and Mary Mollinger for their presentation. He said there would be additional public hearings set to allow for further discussion on this matter. Public Safety Facility by Labella Associates Commissioner Ron Kim said he was mindful that the City is in the middle of difficult financial times, but the discussions on a public safety facility have been going on for years. He relayed stories of crime victims and police officers and the difficulties that they have in reporting crimes and doing their day to day jobs because of the working conditions. He said there is a lack of adequate bathrooms, booking rooms, privacy and secure areas. He recently received a phone call from a victim who had been sexually assaulted and she was stunned at the working conditions and the lack of privacy for crime victims. He said there have been feasibility studies, public meetings and debates and it was time to move this project forward. He thanked the members of the capital construction committee. He then introduced Mark Kukuvka, Labella Associates and Tony Dorado, BBL Construction. Mark Kuvkuvka said that after reviewing all of the material, the best site for this project is at Lake Avenue and High Rock Avenue (city parking lot). A police station needs to be in the downtown area, not in the suburbs. He said they had two options. He then displayed renderings of the location and the proposed building. He explained that there is a 10 to 12 foot drop in that block. The total proposed square footage of the building is 24,336. It would house police administration, patrol & traffic unit, booking & holding, juvenile & evidence, support services, storage, public safety administration records and storage and training/emergency response. He then detailed the floor plans and where the offices would be located in the building. He noted that the exterior of the building would have more accents on towards Broadway. On the first floor there would be a sallyport, storage, lockers, mechanical evidence bay and roll call. The second floor would have traffic patrol, lobby, patrol reception, interview rooms, communications and booking/holding. The third floor would have police administration, criminal investigations, special investigations, juvenile investigation and training. He noted that there would be 6,283 square feet remaining at City Hall that could be renovated for public safety personnel. He displayed streetscape renderings. This will be a brick building with mass and scale compatible to the neighborhood. It will look like a civic building and not an apartment building. It is a tight budget, so it is a modest building that had been scaled back. The second option is very similar to the first, but enhanced. The second option adds additional floor space with a fourth floor. He reviewed the floor plans noting that they were very similar to the first option. The fourth floor would be left as a shell. In the second plan there is more natural lighting, more canopies, a few more distinguishing features and materials, more articulation with that material and “major” and “minor” corners. The committee also would like the building to be constructed as a green building. That will increase the construction costs slightly, however, in the long run it is more energy efficient and will save the City money. He said they went through a sample LEED point system and found that the project could be certified – not at the platinum level, but it could be certified. Mark Kuvkuvka said option A is the scaled down version with a total of 27,732 square feet, LEED certified and three stories at $9.7 million. Option B is the enhanced variation at 39,472 square feet, LEED certified, four stories with a cost of $11.7 million. He said the next step is for the Council to determine where it wants to go. He said the fundamental difference between the two is the fourth floor. The fourth floor will accommodate future growth. He said they would continue with the $9.7 million design unless the Council directs them otherwise. Option A will accommodate the needs of the City. Mark Kuvkuvka said they looked at what would remain in City Hall and it could be the emergency back up response center. Commissioner Ron Kim said the City needs to have two separate locations so there is not a problem in communicating when there is an emergency. He said the next step is for the Council to issue bonds for this 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 project. In February the Council approved the capital budget with the exception of the funding for this project. The Council wanted to know what the $8 million would buy. Now the Council knows. He said $8 million is not enough. It was time for the Council to amend the capital budget to allow for the issuance of the bonds so this project can begin. He noted that the Council will amend the capital budget this evening for the South Broadway waterline project. The consultants will continue with their design, preliminary budgets will be developed, the final designs will be completed and then the bid ready documents will become available. He reminded Council members that there have been eight studies since 1986 with the same conclusions – the City needs additional space for public safety. Commissioner John Franck asked if there were any issues with taking parking space and constructing a building and asked how many parking spaces would be lost. It was noted that there were about 45 parking spaces in that lot. Commissioner John Franck said at a previous meeting former Commissioner Matthew McCabe included $2 million into the budget for renovations for City Hall. Commissioner Ron Kim said that funding was included in the capital budget. He did not have cost estimates for renovation of the existing facility. Commissioner John Franck asked about the court rooms. Commissioner Ron Kim said the courts will stay in City Hall. Budgetary restrictions would allow the Court to pay for renovation of existing space; however, expansion of space, the City would need to pay for. Commissioner John Franck asked about an additional court room. Commissioner Ron Kim said the courts have said that they will add a second judge, therefore, the City will need to find space. Commissioner John Franck said he would like to see projected operating budgets. Commissioner Ron Kim said that information was provided during the capital budget process and it was his recollection that it was minimal – somewhere around $300,000. He said, though, that those numbers could be recalculated and provided. Commissioner Ken Ivins asked about radio equipment. Commissioner Ron Kim said it is included in the capital budget. Commissioner Ken Ivins asked about LEED certification. Commissioner Ron Kim said they have done some preliminary investigation on LEED certification and believe that the building could be LEED certified within the proposed budget. Commissioner Ken Ivins said that Congresswoman Kristen Gillibrand had noted there is no brick and mortar money at the federal level. He suggested that there be some contact with state officials on state funding. Commissioner Ron Kim said that could be done, however, the purpose of the VLT funding is for public safety. Commissioner Ken Ivins said the reality is that the vlt funding is being used for other costs. Commissioner Ron Kim said it had been stated at previous Council meetings and adopted by the Council that $500,000 of the vlt funding was to be used towards the DPS facility. He said there are no bond payments this year so the $500,000 from the 2008 budget should be carried to the next budget. He said the City is currently projected to receive $3.5 million in vlt funding and $500,000 was a reasonable amount to be carried to the next budget. Commissioner Ken Ivins noted though that the City is projected to receive $500,000 less in vlt funding this year. He said he would continue to pursue drafting an rfp for renovation of the existing police facility. Commissioner John Franck said there are two different numbers included in this presentation for option A. In one spot is states 24,336 square feet while on another page it states 27,000 square feet. Mark Kuvkuvka said the correct number is 27,000 square feet. Mayor Scott Johnson asked about renovation of the existing public safety space on the third floor. Commissioner Ron Kim said there are no estimates available for renovating the existing office space. Mayor Scott Johnson asked if the furniture/fixtures/equipment had been included in either Option A or B. Commissioner Ron Kim said there is some equipment included and some furnishings will move with them. He believed the estimated costs for ffe was $300,000. Mayor Scott Johnson asked if he stood by the numbers in the capital budget. Commissioner Ron Kim said yes, however, he could look at them again perhaps refine them and find some savings. Mayor Scott Johnson asked about the LEED certification and/or LEED principles. Mark Kuvkuvka said that was a Council decision. He said LEED certification would force the Council to construct a green building. LEED principals could be followed by using local materials and other LEED points items, but it would not force the City to achieve the LEED certification. He said it could cost the City an additional $50,000 to $80,000 to achieve the LEED certification. Commissioner Ken Ivins asked about funding under LEED certification. Mark Kuvkuvka said there is no additional funding with LEED certification. He said there could be some funding through NYSERDA and they will pursue that funding. He said conservatively it could be between $10,000 and $20,000. Mayor Scott Johnson asked what was the additional cost to be LEED certified. Mark Kuvkuvka said it was between 5 and 10 percent. Mayor Scott Johnson asked about transporting prisoners from the new facility to the court room. Commissioner Ron Kim said that depending on the prisoner it would either be by walking across the street or if necessary, driving. Mayor Scott Johnson 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 asked how many jail cells would be in the new building. Mark Kuvkuvka said 14 male and 4 female. Mayor Scott Johnson asked how that number was derived. Chief Ed Moore said it was through discussions with staff members, arrest records, summer season issues, etc. They have been operating with 6 male, 1 female and 1 juvenile which is not enough. Commissioner Anthony Scirocco asked about the possibility of video conferencing for court proceedings. Commissioner Ron Kim said there are state laws on arraignments and he would need to research that matter. Chief Ed Moore said generally speaking arraignments are public. Mayor Scott Johnson said that Option A at 28,000 square feet and $9.7 million comes out at $346 per square foot. Option B at 40,000 square feet drops the price to $292. Mark Kuvkuvka said that is because the fourth floor is a shell. Mayor Scott Johnson asked what would be the total height of the building with four floors. Mark Kuvkuvka said each floor is about 13 feet. Mayor Scott Johnson asked if the fourth floor would allow for sufficient space for the court. Commissioner Ron Kim said in previous renderings they allowed 15,000 square feet for the courts. There is the possibility that the courts may pay the interest on the debt incurred by the City. Commissioner Ron Kim said they will repeat this presentation twice tomorrow – in the morning and again in the evening. He reminded everyone that Chief Ed Moore would conduct tours of the police station. Mayor Scott Johnson suggested there be some discussion with Risk & Safety on the tours. EXECUTIVE SESSION Mayor Scott Johnson moved and Commissioner John Franck seconded to move to executive session at 9:55 p.m. regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. Ayes all. Council members returned at 10:20 p.m. Harris Beach – Environmental Matter (08-69) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to retain the firm of Harris Beach in the amount of $2,500 on environmental matters. Ayes all. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Minutes of May 20, 2008 2. Budget Amendments (Attachment A) 3. Budget Transfers (Attachment B) 4. Payroll 5/23/08 - $427,422.79 5. Payroll 5/30/08 - $474,639.11 6. Warrant 2008 Mid MC2MAY08 $461,035.20 7. Warrant 2008 Regular 01Jun08 $466,286.83 8. Award of Bid: Chemicals – various vendors & various prices Ayes all. MAYOR’S DEPARTMENT Camp Field Trip Update Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve the name change at High Rock Bowling Alley to Strike Zone. Ayes all. Johnson vs. Johnson – June 13, 2008 Linda Terricola reminded everyone that the Johnson vs. Johnson baseball game would be held at the East Side Recreation Field on Friday, June 13. She said there is a side bet between the Recreation Directors that the losing captain of the team will attend the other team’s town/city board/council meeting. She noted that the City would have Assemblyman Tedisco playing on its team and Wilton would have Assemblyman Roy McDonald. Deputies will act as cheerleaders. This event will benefit the American Cancer Society. There will be a practice game on Tuesday, June 10 at 4:30. Final 2007 Recreation Report 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Linda Terricola submitted the 2007 Recreation Annual Report to Council members. She said if there are any questions, Council members could contact her. Housing Trust Fund request by Saratoga Affordable Housing Group, Inc.(08-70) Brad Birge said there is a request from the Saratoga Affordable Housing Group for a grant of $75,000 from the Saratoga Workforce Housing Trust Fund. This funding would go towards the purchase and rehabilitation of 7 buildings containing 4 two-bedroom units for a total of 28 units. It is located on Allen Drive. Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to approve the request from the Saratoga Affordable Housing Group, Inc., in the amount of $75,000 from the Housing Trust Fund. Ayes all. Resolution Authorizing Mayor to seek State assistance to undertake an Urban & Community Forestry Grant (08-68) Lew Benton said this proposed resolution would allow the City to make and application for grant assistance to develop an urban and community forestry program within the boundaries of the heritage area which encompasses the historic district in the City. They are requesting the maximum amount and the total match is $20,000 with $10,000 of that being in-kind services. This grant will allow for a comprehensive, sophisticated inventory of every street tree by species and size. After that is completed there will be a plan for maintenance and upkeep. Mayor Scott Johnson moved and Commissioner John Franck seconded to adopt the following resolution: A RESOLUTION AUTHORIZING APPLICATION TO THE NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR GRANT ASSISTANCE TO PREPARE AN URBAN AND COMMUNITY FORESTRY PROGRAM WHEREAS, the City Council of the City of Saratoga Springs recognizes the inherent value and benefits of preserving, maintaining and improving its urban forest, and WHEREAS, the City Council of the City of Saratoga Springs proposes to develop a comprehensive Urban and Community Forest Master Plan designed and intended to guide the preservation, maintenance, improvement, expansion and long term stewardship of the City’s tree cover and canopy within the urban core, and WHEREAS, this City Council finds and declares that the preservation and expansion of the Urban Forest will serve the public interest by improving the community ’s physical, social, cultural and economic environment, and WHEREAS, the project has the following specific objectives: air quality improvement, expansion of the clean air shed, reduction of storm water runoff, mitigation of urban ‘heat island ’ effects, streetscape and structure heating & cooling improvement, reduction of energy use and urban noise abatement, and WHEREAS, this City Council also finds and declares that the development and implementation of a sustainable community level urban forestry program will positively impact climate change and promote Environmental Justice, and WHEREAS, the NYS Department of Environmental Conservation has invited communities to seek up to $20,000 in grant assistance to prepare and administer an urban and Community Forestry Program, and WHEREAS, said communities must provide an equal match in cash and/or in-kind services, and WHEREAS, a proposed application has been prepared, now therefore, BE IT RESOLVED, that the Mayor be authorized to submit, consistent with state and City requirements, said application for assistance in an amount not to exceed $20,000, and BE IT FURTHER RESOLVED, that up to $10,000 in matching funds be made available from City contingency funds and up to $10,000 in City matching services be authorized upon application approval. Ayes all. 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Amendment to agreement with Synthesis and SD Atelier Architecture for Indoor Recreation Facility Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to amend the agreement with Synthesis and SD Atelier Architecture for the Indoor Recreation Facility to allow them to continue their work on this project to be located at the Southside Recreation Field. Mayor Scott Johnson said the existing agreement is for the Weibel Avenue location and this amendment is for the southside location. There is no increase in the contract. Commissioner Anthony Scirocco said he supported the indoor recreation facility, however, believed there were some questions raised this evening that needed to be addressed. He suggested that this be tabled until the questions on the deed and school district are addressed. Mayor Scott Johnson said the City owns the property, not the school district. Commissioner Anthony Scirocco said he understood that the City owned the parcel, however, he believed that the deed issues should be addressed. He again suggested that this wait until the next meeting. Commissioner Ron Kim said when the City delays matters it simply adds to the cost, however, it was difficult for him to support this motion with these issues not being resolved. He said he would prefer to wait until the next meeting. Mayor Scott Johnson suggested that the motion be contingent upon these matters being resolved. He said this was simply and authorization to proceed. He said he was confident in his review of the matter that there were no problems. Commissioner John Franck said there should be a legal opinion before the Council votes on this matter. Mayor Scott Johnson agreed to withdraw the motion and report at the next meeting. Status of Indoor Recreation Facility Studies Mayor Scott Johnson said the City is in the process of finalizing the SEQR documents. The soil samples are back and are fine. The traffic study had been ordered through Creighton Manning. Saratoga Lake and Fish Creek into New York State Open Space Conservation Plan Mayor Scott Johnson withdrew this item. Dente Engineering Contract Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to authorize the Mayor to sign the contract with Dente Engineering in the amount of $2,999.99 for the geological sampling at Geyser Road Park for the sports lighting. Ayes all. Indoor Recreation Facility – Public Hearing Mayor Scott Johnson moved and Commissioner John Franck seconded to add the Indoor Recreation Facility public hearing matter to the agenda. Ayes all. Mayor Scott Johnson requested that a public hearing be set for the next Council meeting on June 17 at 6:35 p.m. on the Indoor Recreation Facility. ACCOUNTS DEPARTMENT 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Grievance Day Commissioner John Franck said that last Tuesday was grievance day. There were 127 grievances which was similar to 2006 and 2007. The Assessment Review Board will meet on June 6 to review the grievances. In 2004 and 2005 the City averaged 750 grievances. Cold War Veteran’s Exemption Commissioner John Franck requested that a public hearing be set to amend by local law Article 10 of Chapter 212 of the City Code relative to Veterans Exemptions from Property tax for 6:50 p.m. on June 17. He said the State of New York has modified section 458-b of the Real Property Tax Law to authorize an exemption for Cold War Veterans. Each county, city, town and village has the option of deciding whether to grant the Cold War veterans exemption. The City of Saratoga Springs will offer the exemption to veterans who served on active duty in the United States armed forces between September 2, 1945, and December 26, 1991, and who are not currently receiving either the eligible funds or alternative veterans’ exemption. More detailed information is available on the Office of Real Property or ORPS website and the application and information will be included in the next agenda. FINANCE DEPARTEMENT Department of Pubic Safety Payroll Transfer Commissioner Ken Ivins moved and Commissioner Ron Kim seconded to approve the payroll transfer for the microcomputer systems manager in the amount of $22,000 for a half of a year in payroll (Attachment C). Ayes all. Bond Resolution-South Broadway Waterline (08-71) Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to adopt the following resolution: BOND RESOLUTION DATED JUNE 3, 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 $265,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE THE REPLACEMENT OF WATERLINES ON SOUTH BROADWAY 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 purpose (hereinafter referred to as "purpose") to be financedpursuant to this resolution is the replacement of waterlines on South Broadway, at an estimated maximum cost of $265,000. SECTION 2. The City Council plans to finance the total cost of said purpose by the issuance of serial bonds of the City in an amount not to exceed $265,000, hereby authorized to be issued therefore pursuant to the Local Finance Law. SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purpose is forty (40) 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 purpose 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 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 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 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. Ayes: four: Nays: one (Commissioner John Franck). Motion carried. South Broadway Capital Budget Amendment Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to approve the South Broadway budget amendment as presented (Attachment D). Ayes: four, Nays: one (Commissioner John Franck). Motion carried. Accept Donations for Saratoga All-American Celebration Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to accept $500 from Saratoga National Bank, $150 from Bookmakers and $150 from Circus Café for the All American Celebration. Ayes all. City Finances Commissioner Ken Ivins informed Council members that the auditors were here last week for the single audit. He thanked City Hall staff for their cooperation. He noted that while the City has a $4 million surplus, it was his recommendation to not spend it. Contracts for All American Celebration Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to authorize the Mayor to sign the contracts with Sirsy and Fyfes & Drumms of Olde Saratoga for the All American Celebration. Ayes all. PUBLIC WORKS DEPARTMENT 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Capital Budget Amendment Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to approve the capital budget amendment for the South Broadway waterline in the amount of $249,101.12 plus 10 percent contingency in the amount of $265,000. Ayes: four; Nays: one (Commissioner John Franck). Motion carried. Out of Title Pay (08-72) Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to approve the out of title pay for the senior clerk for 30 days, maximum of 15 hours per week effective May 27. The individual will be paid the starting salary of the Principal Account Clerk for those hours. Both Civil Service and the CSEA City Hall Union have approved. It amounts to approximately $122 per week. Ayes all. Street Resurfacing Schedule Commissioner Anthony Scirocco announced the paving schedule as follows: Monday, June 2 mill Railroad Place & Congress Street Tuesday, June 3 pave Railroad Place Wednesday, June 4 pave Congress Street Thursday, June 5 pave Woodland Court PUBLIC SAFETY DEPARTMENT Stop Sign Ordinance Commissioner Ron Kim requested that a public hearing be set for the next Council meeting at 6:30 p.m. on the stop sign ordinance. Property Maintenance Fees Commissioner Ron Kim withdrew this item from discussion. Approval for Microcomputer Systems Manager (08-73) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to approve the microcomputer systems position funding at grade 12, 40 hours per week. Commissioner Ron Kim said that some of the money for this position will come from the funds used to pay the existing IT staff and the remaining funds will come from the money used to pay the fire/police personnel that were performing this function. It has been difficult for the existing IT staff to meet DPS needs. Also Civil Service will no longer allow paying the police/fire staff. Ayes all. Stop DWI Contracts (08-74) Commissioner Ron Kim moved and Commissioner Anthony Scirocco seconded to authorize the Mayor to sign the DWI contracts with the County in the amount of $36,000. Ayes all. Drug Arrests Commissioner Ron Kim commended the police officers who were involved in the recent drug investigation and arrests. He said this was an 18 month long investigation with many state and federal agencies included. He said that cash, marijuana, cocaine and LSD were confiscated. SUPERVISORS 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Joanne Yepsen County Update: Property Tax Relief: Joanne Yepsen said she has been participating on a commission for property tax relief. There was a press conference today by the Governor whereby he supports a 4 percent cap on spending growth per school district. Also included in his plan are circuit breakers based on property owners ability to pay. Trails throughout the City: Joanne Yepsen said she had been working with several groups and organizations on biking and walking trails around the City. County Update: Joanne Yepsen said there is some interest at the county on health care reform. She has been working with the Thoroughbred Racing Fan Association on a variety of matters. She is also working on workforce housing. The county meetings for June are posted. The application for the Open Space Grant from the County will be available next week. Jason Kemper will be in the City on June 10 at 5:00 p.m. to do a workshop for anyone interested in applying for open space money. The applications are due at the end of July. Gaming and Raceway: Joanne Yepsen said the employees at the Gaming and Raceway restaurants experienced some health issues last week and DOH is looking into the matter. First Saturday events: This Saturday is first Saturday on Beekman Street and there will be jazz music and other events in the arts district. NYS Open Space Plan: Joanne Yepsen said that as the Council considers including land in the NYS Open Space Plan, she obtained the information requested by the Mayor’s Department and forwarded it to them. She said that all of their questions should be answered. Matthew Veitch Horse Park Feasibility Study: Matthew Veitch said he attended the meeting on May 19 concerning the Saratoga Horse Park where there was discussion on a feasibility study. The County has charged the Cornell Cooperative Extension on heading up this project. There was a two day session on May 19 and 20 whereby four questions were posed and answered: a) is the park feasible – yes; b) what elements should be included – more stalls; c) location – must have highway access; d) can a horse park be profitable – still reviewing. OMRDD Autism Initiative: Matthew Veitch said there was a press conference on May 28 on the OMRDD Autism Initiative in conjunction with the NYS Education Department concerning coordination and research on autism. He said as they work together it will make it easier for parents to navigate through this process. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened a second public comment period. Kyle York, 59 Railroad Place, thanked the DPW crew for a job well done when paving the streets. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to adjourn the meeting at 11:10 p.m. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 11:10 p.m. Respectfully submitted, Katherine A. Moran Clerk 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 3, 2008 Approved: 14 of 14