City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 1, 2008 7:00 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 SWEARING IN NEW FIREFIGHTERS Commissioner Kim conducted the swearing in ceremony of the City’s newest firefighters including Seth Coye, Robert Decelle, and Matthew Fogarty. He said the firefighters did an excellent job at the academy and he wished them a long and successful career. 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. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Scott Johnson opened the public comment period. Mary Izzo, 4 Vanderbilt Avenue said she has a concern on the use of the Southside Park to build a recreation center because of implications within the City Charter. She read from the City Charter that the City’s parks and open lands whether used for active or passive recreation, environmental protection or scenic enhancement are held in trust by the City of Saratoga Springs for the public. She said the Charter stipulates that the lands can not be alienated from their purpose except as provided by the laws of the State of New York and the United States. She questioned how the City could appropriate park land as a site for a building given what is written in the Charter because designated park land designated is for the use of the people of the City and is subject to both state and federal regulation. She said nothing has been mentioned about Federal and State Guidelines and she is concerned that this is setting a precedent and park lands all over the City could be appropriated for other than their intended use. She said that this project is using the southside for a purpose in defiance of the City Charter; it is the job of the City Council to ensure that the charter is followed to the letter of the law but it seems as if an end run is being taken around the City Charter just to build this. City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Mark Lawton, 209 Nelson Avenue said he is Co-Chair of the Citizens Committee for implementation of the Charter and the City should exercise financial constraints since it was reported in the press that the City will suffer a loss of projected VLT revenues in the fiscal year and it is possible that other revenues could fall short of the projections listed in the [2008] adopted budget. He said there are provisions in the City Charter to recapture a budget balance for the fiscal year; the Commissioner of Finance is charged with the responsibility to ensure and maintain budget balance; section 447 requires that upon passage of the budget by the City Council, a Financial Plan be prepared by the Commissioner of Finance that includes all of the expenditures and revenues authorized through City Council appropriations and updates of those are to be listed monthly throughout the year. He explained that section 449 of the Charter requires a written updated report each quarter regarding the progress of the Financial Plan; providing actual results against the projections of the adopted budget and is submitted to the City Council and available to the public. He said that if the Commissioner of Finance believes there are shortfalls in revenue or any other activities that could result in a budget deficit, he or she must (1) report the shortfall to the City Council in writing; (2) Develop a written plan of action to restore the budget balance and submit it to the Council for modification and/or adoption. Upon adoption of the plan the Commissioner must move forward and execute it but if the City Council is unable to reach agreement, the Commissioner of Finance must use the authority provided in Section 4413 to restore budget balance by sufficiently reducing expenditures by withholding the authority to spend. The section provides that no payments shall be made unless the Commissioner of Finance first certifies that sufficient funds are or will be available. Mark Lawton summarized that the intent of these provisions is to ensure that the budget balance is maintained and if not, actions will be taken by the Finance Commissioner if the City Council is unwilling or unable to develop or adopt a plan to do so. Wilma Koss, 160 Kaydeross Park Road said she is President of the Saratoga Lake Association and wants to thank everyone who submitted articles for the Association’s newsletter, “Shorelines”. She invited the City Council to attend the annual meeting after which they break out into small groups where Council members could speak to their constituents individually. She urged everyone to read a two-page article about the activities of the Saratoga Lake Association in the Legislative Gazette. Ray Giguere, 84 Lincoln Avenue said he has been following the progress of the Southside Recreation facility very carefully He said in reference to colored copies of plans that were distributed about one month ago that he has concerns over the footprint, particularly the amount of green space. He said that the plan claims 53% green space and he wants to know how that is calculated. He said that it was stated early in the process that the reason the site was chosen is that it had to be close to downtown so that people could walk or bike to the site, so he questions the need for a large parking lot when none of the City’s other recreational centers have central parking. He questioned whether the parking lot was in accordance with the fire code because it has only one exit and entrance making it difficult to exit quickly. He urged the City Council to critically examine the plans. Ali Samuel, 11 Wedgewood Drive, Danielle Marino, 35 Jackson Street; Maddie Samuel, 11 Wedgewood Drive; Margaret Oppenheim, 18 Roberts Lane said that they each live in the City of Saratoga Springs and are students of the Saratoga Springs City School District. They said that they spoke with an employee of the City’s Department of Public Works to confirm that there is no convenient way for people to recycle downtown so the many visitors of downtown Saratoga Springs throw away lots of cans and plastic bottles because they do not know where they can recycle them. They said that the average person will not enter shops and businesses looking for a way to recycle their bottles and cans, so they propose that recycling bins be placed downtown for easy access. Having the bins would show the tourists how much the City cares about the environment and the appearance of the downtown area and that the City is doing its part in protecting the earth. They said the bins could be placed near many of the trash cans so that when people go to throw away something, they notice the bins and make the decision to recycle. They said to cover the cost of the bins local businesses could sponsor them put them outside their shops. The bins could look similar to the trash bins but be marked for recycling; and they offered to help with the process of getting the recycling bins downtown. Jeff Olson, 10 Clark Street said that he has offered alternatives to the proposed plan of the Southside recreation facility and no responses were received so it is unclear whether comments from the public are having any bearing on the project. The City Council has not proceeded with SEQR process and the Council has not voted to declare lead agency; no one has bid the project; it looks like the City is proceeding with a $6m no-bid project that has had no public input or public approval. He said that if the SEQR process is going to take place, it would be during August when most people are not in town or busy doing other things. He said that it 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 appears that the City is not following a process that allows for meaningful public input and response to that input; it seems like a one-way conversation because no one is responding. He said that no one responded to his suggestion to meet on the site to discuss options and ideas. He said it was reported that there are three division-1 soccer fields in the plans but the fields depicted in the plan are actually kindergarten-sized fields because a Division One field would take up most of the park, and an outdoor basketball court and two baseball fields are being sacrificed for the soccer fields. He asked the press and the City Council to open up the process and give the community a chance for input; to not ignore the public comments or comment outside of the public presence, and there should be an open dialogue. He stated that he is not against building a facility or having a recreation center in his neighborhood, but he does not want to lose a park to get there and the issues need to be addressed. William Mirabile, 14 Vanderbilt Avenue reminded the City Council that they are a lead agency and this is a type 1 SEQR action so a determination of significance must be made and one considers that approximately two acres of land would become impervious with no infiltration; there are going to be storm water issues. He said that Vanderbilt Avenue is very busy and there is a cut-through to Nelson Avenue and this will make traffic even worse; it will be harder to back out of his driveway. He said the facility would change the character of the community and all of these things must be examined through the SEQR process. He said lead agency must be declared, there must be public notice and a thirty-day public comment period; SEQR is mandatory and part of the environmental conservation law. Mayor Scott Johnson closed the public comment period because the fifteen minutes had elapsed. EXECUTIVE SESSION Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to move to executive session at 7:17 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 7:47 pm Mayor Scott Johnson said that having met in Executive Session, there is nothing further to report to the public and no determination made during session. CONSENT AGENDA Mayor Scott Johnson moved and Commissi oner John Franck seconded to approve the consent agenda as follows : 1. June 17 City Council meeting minutes 2. Budget Amendments 3. Budget Transfers 4. Payroll 6/ 20/08 - $4 22,723.80 5. Payroll 6/27 /08 - $42 9,904.83 6. Warrant 2008 Mid MC 2JUN08 $ 300,000.00 7. Warrant 2008 Mid MC3JUN08 $ 156,525.74 8. Warrant 2008 Regular 1JUL08 $ 840,819.49 Commissioner Anthony Scirocco said he would like to clarify that at the last City Council meeting on June 17, in regards to an item on Commissioner Kim’s agenda regarding a vote on the property maintenance fees and he would like to state for the record that he voted yes on that issue. Ayes all MAYOR’S DEPARTMENT Acceptance of Donation for July Concert Series (08-97) Mayor Johnson said that there are a series of concerts to be held in Congress Park on July 13, 20 and 27th and the series is held annually. This year there were generous donations by a number of groups and companies to sponsor the concerts including the Adirondack Trust Company, Saratoga Rotary, Saratoga Teacher’s 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Association, Stewart’s, Saratoga National Bank, Price Chopper, Saratoga Springs Downtown Business Association, Saratoga Gaming and Raceway, and the Inn at Saratoga for a combined total of $4,350. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the donation s. Ayes all Spa City Band Agreement (08-98) Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to approve the agreement as proposed . Ayes all Traffic Study Contract Amendment (08-99) Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to authorize the amendment of the agreement with Creighton Manning to conduct a traffic study for the proposed Southside Recreation Facility. Mayor Johnson said this is part of the SEQR process that the City is presently undertaking in order to determine whether the southside field is an appropriate site for an indoor recreation center. He said this is an amendment to the original contract with Creighton Manning who performed a similar study on the Weibel Avenue premises previously under consideration. The amount of the study is $1600 and it will be done in a matter of weeks in order to move forward with the SEQR process. Commissioner Ivins clarified that the funds are coming out of the capital budget for the Recreation Center project. Ayes: 4 Nays: 1 (Commissioner Kim) Katrina Trask Alliance Donation of Urns Mayor Scott Johnson pulled this item from his agenda. Set Public Hearing-Donation of Land to Shelters of Saratoga Mayor Scott Johnson said this is an opportunity for the City to provide for those that are less fortunate in our community. He said he visited the Shelters of Saratoga which is a group home on Walworth Street on land previously donated by the City, and was very impressed with the program and discussed with the Board members and the Director the options to provide for the homeless and those that are no longer homeless but need help to become totally self sufficient. He said that there are two vacant city-owned lots next to the facility that are rather unusual in size, one is 37’ by 100’ deep and the rear lot is 50’ by 75’ with no street access. He said the two lots combined would allow for the option to build an additional facility to become a transitional center for those that no longer need the services of the shelters but still need some assistance. He said that the City could donate the two parcels; they are not on the tax rolls. He said the public hearing is to allow public input prior to the Council voting on whether to donate the parcels to the shelter. A representative of the Shelters of Saratoga said that the lot has been used for parking for about 16 years and there is an outside Gazebo with seating. The public hearing was set for Tuesday July 15 at 6:50 p.m. Award of Grant for Heritage Area Visitor Center Audio Visual Equipment Mayor Scott Johnson announced that the $14,000 was received and will be used for to enhance presentations and programming at the Visitors Center; the improvements include the use of computer assisted displays to introduce visitors to the City’s collection of fine and performing art venues, cultural heritage, the eclectic collection of museums of the history, culture and natural resources of our City. The outdated monitor currently used in the Center to show the “Discover Saratoga” film will be replaced by a high definition monitor that augment the experience of patrons of the Center. A state of the art audio visual system is proposed to be installed in the conference room and will allow special showings of Heritage Area programming and 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 educational presentations. The equipment is portable and will be used by the Heritage Area Advisory Council and program staff for off-site presentations. Set Public Hearing-Zoning Ordinance Article 13 Revision Mayor Scott Johnson said this is to revise the authority of the Assistant Building Inspector to issue permits by default. The amendment also corrects language and brings the ordinance into compliance with the City’s charter. It also authorizes the Mayor to appoint an interim person in the event that the current Building Inspector is unavailable. The public hearing was set for Tuesday, July 15, 2008 at 6:40 p.m. Real Estate Committee Report Mayor Scott Johnson said he convened the committee because there are three parcels being contemplated for potential use in the City including the parcels adjacent to the Shelters of Saratoga. City Attorney Joe Scala, Chairman of the Real Estate Committee, reported that 7 of the 8 Real Estate Committee members met on June 25 and there were three items on the agenda. He said that regarding the southside field annex, the committee unanimously approved the recommendation that the Mayor investigate purchasing certain property adjacent to the southside field. Regarding the donation of land to the Shelters of Saratoga, the committee unanimously recommended donating two parcels of land to the Shelters of Saratoga subject to conversation with the Economic Opportunity Council. He said there was also a motion with respect to the old Getty Gas Station on Routes 9 and 50 and after discussion, the Committee agreed to postpone any decision until after the Public Safety Citation in City Court on July 7 was heard. Getty Gas Station Routes 9 and 50 Mayor Scott Johnson said that upon further reflection he will defer details on any plans pending resolution of the enforcement action by the City. Set Public hearing – Indoor Recreation Center Mayor Scott Johnson set a public hearing for public input on the indoor recreation center. He set the public hearing for Tuesday July 15 at 6:20 pm. Set Public Hearing- Inclusion of lands into NYS Open Space Conservation Plan Mayor Scott Johnson said that the public hearing is on the potential recommendation for City Council resolution for the inclusion of certain lands that border Saratoga Lake and Fish Creek in the 2006 New York State Open space conservation Plan. He said that the proposed resolution will be posted on the City’s Website within the next few days for public viewing and also for consideration by the City council there will be a number of important conditions placed on the resolution for acceptance and the good new is that if the Council decides to forward with this, there are benefits to the City in terms of potential future money for the acquisition of land. He said the concern of the Council has been that there are no adverse consequences to including the land in the plan that would affect private ownership or development rights. Supervisor Yepsen said that Governor Pataki started this in 2002; the plan was updated in 2006 and since then there was an unprecedented level of investment and subsequent achievement in a variety of open space protection projects by the State often in partnership with local government. She said that the plan has helped guide the expenditure of more than $658m to protect more than 964,000 acres, nearly a 20% increase in state land holdings since 1995. She said this is not a regulatory document; it merely prioritizes the funding that New York State would give to the projects that are included. Mayor Scott Johnson set the public hearing for Tuesday July 15 at 6:15 pm. ACCOUNTS DEPARTMENT Changes to Fixed Asset Recognition Policy (08-100) 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Commissioner John Franck said that on January 1, 2008 the Fixed Asset Inventory Clerk position was transferred to the Accounts Department. Upon the completion of this transfer, the Asset Recognition Policy needed to be updated. The changes include the submission of an asset inventory directly to the fixed Asset Inventory Clerk and the ability to submit that inventory electronically. Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to approve the changes to the City ’s Fixed Asset Recognition Policy as distributed. Ayes all Final Report for Historical Records Grant Commissioner John Franck said that the City received a grant in the amount of $4,960 from the State Archives and Records Administration to hire a consultant to conduct a preservation needs assessment survey of the City’s archival records. We hired Mr. James Corsaro a certified Librarian and Archivist who currently serves as Librarian for the Rensselaer County Historical Society and served as Librarian for the New York State Library specializing in manuscripts and special collections. The survey is complete and each Council member received a summary of the findings. If anyone would like to see the entire survey and appendices, please contact my office. He said that tonight City Historian Mary Ann Fitzgerald will speak on the impact of the survey on the City Archives and then Nancy Wagner, Records Manager, will speak on the project from a Records management perspective. Mary Ann Fitzgerald said that the process of the grant survey in the City Historian’s office and archives was a learning experience in that Mr. Corsaro is a natural teacher as well as an archivist because he explained the connection of the documents to local, State and National history. She said he went through the documents one by one to determine their preservation needs and to ensure that they were correctly described in the Guide to the Archives. She noted that with only one paid staff of the archives, there would never be time to do this internally. She said it is a treasured and valued collection with many documents included from the early 19th century, the oldest of which is from the year 1812 and these documents draw the attention of many researchers including teachers, students, genealogists and people studying house and property history. She said that the recommendations made in the survey included making the collection more accessible to the public and will be used to pursue grant funding. Nancy Wagner said that the survey and needs assessment provided insight into the importance of preserving the historically significant information contained in the City’s archival records and includes many suggestions on improving the accessibility and security of those documents including expanding the research hours to Saturday if the Visitor’s Center is open, adding locks to doors and cabinets, setting aside dedicated space in City Hall and the Archives for researchers, microfilming and digitizing the records and purchasing computers and a microfilm reader/printer to increase accessibility, enhance information retrieval and preserve the documents by decreasing the chances of deterioration and loss through excessive handling or theft. She said that the improvements would augment service to researchers and broaden public awareness of the archives as one of the City’s most fantastic and educational assets. She said that having a completed needs assessment survey by a professional archivist provides justification and leverage to apply to funding sources for assistance with preservation and conservation activities and to substantiate budget requests on behalf of the archives. She urged each Council member to visit the Archives. Resolution to Enact Temporary Taxi Fuel Surcharge (08-101) On May 16, 2008 I received a letter from Capitaland Taxi Corporation asking that the Council consider a taxi fuel surcharge be added to fares based on the increasing price of gas. The Resolution before you this evening is a temporary surcharge that the Council can enact to temporarily offset the rise in gas prices. The Resolution will only be in effect so long as gas remains above $4.00 per gallon. Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to approve the following resolution to enact a temporary taxi fuel surcharge. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: WHEREAS, the Council is aware of recent increases in the price of gasoline in our City and across our nation; and WHEREAS, Section 215 -1© of the City ’s Taxicab Ordinance states that the City Council may approve by Resolution a surcharge upon taxi fares in cases where taxicab owners purchase gasoline for use in taxicabs under their control; and WHEREAS, the Council has received written requests from taxicab owners requesting the establishment of such a surcharge; NOW, THEREFORE, upon due consideration and upon a finding that the aforementioned increases in the price of gasoline in the City above $1.75 have existed for more than 30 days it is hereby resolved by the Council as follows: 1. It shall be lawful for any taxicab owner who purchases gasoline for use in Taxicabs under his or her control to charge a surcharge not in excess of TWENTY PERCENT (20%) of the lawful fares in this City. 2. This surcharge shall remain in effect only for so long as the average prices per gallon of regular unleaded gasoline in the City of Saratoga Springs shall remain at Or above FOUR DOLLARS ($4.00) Assistant City Attorney Tony Izzo said this was originally done in the 1970’s and the Council has had for thirty or more years the power to do this either by its own resolution or on petition and essentially it is established by resolution, lasts at the level that the Council sets, and only for as long as the price per gallon remains at that level. Commissioner Ken Ivins asked why a public hearing was not necessary for this resolution. Deputy Commissioner Michele Boxley said this is a resolution that is a temporary surcharge and not a change in the rate; if there were a proposed rate change, there would have to be a public hearing. Ayes all FINANCE DEPARTMENT Finance Policies Update Commissioner Ken Ivins moved and Commissioner John Franck seconded to approve the updated Finance policies as distributed to the Council prior to this meeting. Commissioner Ivins said that the Finance Office periodically updates its finance policies and the policies to be approved tonight include budget transfers and amendments, capitalization and the investment policy; the third- part custodian policy, internal controls policy and general custody agreements for banks. He said that most of it is basic clean up of language. Ayes all Fibertech Contract (08-102) Commissioner Ken Ivins moved and Commissioner John Franck seconded to authorize the Mayor to sign a contract with Fibertech as previously distributed contingent upon the final review by the City Attorney. Commissioner Ivins said the contract has been reviewed the City’s Risk and Safety Manager will provide the city with dark fiber optic connections between City Hall and both fire stations. This will allow these locations to effectively act as a single network because it is provisioned as a dark fiber and therefore allows increases to speed as time goes on without incurring additional charges from a communications vendor. He said it would be a truly secure network because none of the information will traverse any public network or any part of the internet since the main anchor points also have generators and in an emergency, communications could be maintained between locations without having to depend on an agency or vendor unless there is physical damage to the fiber-optic cables themselves. He said the communications channel would be integrated into the City’s soon to be new phone system in order to provide voice communication between locations; the offsite redundancy of our telecommunications infrastructure will allow for off-site location operations in the event that there is major problem in City Hall. The new cable will also provide the capacity to establish an off-site data storage location to reduce data loss and downtime in the event of a disaster affecting City Hall. 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Commissioner Ron Kim thanked Commissioner Ivins for pushing this forward. Ayes all Saratoga All-American Celebration Donations (08-103) Commissioner Ken Ivins moved and Commissioner Ron Kim seconded to accept the donations received for the All American Celebration as follows: $1,000 from Bonaccio Construction and Park Place Condominiums; $500 from Roohan Realty; $500 from Stewart ’s; $100 from Menges & Curtis; and for the tasting festival registration, $100 from Brindisi ’s Restaurant; $100 from Saratoga Gaming and Raceway ; $75 from the Grey Gelding; and $75 from the Olde Bryan Inn. Ayes all Saratoga All American Celebration Update Commissioner Ken Ivins said the weather will hold; Friday there is the firecracker Road Race, with musicians, food, a Revolutionary War encampment and fireworks at dusk. On Saturday there is a parade in the morning and from noon to five is the All American barbecue and desert festival and classic and antique car shows, and in the evening from 7 pm to 10 pm there are the “Bands on Broadway”. On Sunday there is the “Patriotic Pooch” contest sponsored by “Sloppy Kisses”. He thanked Kyle York as the honorary chairman of the Committee and Deputy Commissioner Kate Jarosh and the committee for their hard work. City Finances Commissioner Ken Ivins said that the VLT distribution received last week is less than budgeted. He said that every year in June the Division of Lottery for budgeting purposes estimates revenues for every VLT location across the State for the State’s fiscal Year of April 1 through March 31. He said that once this estimate is reached, the City as the host municipality receives 75% of 3.5% of this revenue and the County receives the other 25% which brings us to this year. He said the Division of Lottery estimates the VLT revenue to be $142,375,000 and applying the formula of 75% of 3.5% of that amount the City should have received $3.73m, close to the $3.78m originally budgeted. He said that the Governor cut the aid by 2% making it $3,662,609, and the City received a distribution of $3.83m in June of 2007 which was based on an estimation and not real numbers and that estimation was too high which resulted in the City being over paid by $347,000. When all is reconciled, the City was paid $3,322,274 about $457,000 short of budget. He said that the last City Council appropriated $500,000 to the debt service, so the amount in the General Fund is right on target. He said the City has not yet bonded the Public Safety Building, and if the Council were to approve that facility this year, by the time the contracts were approved and amounts determined it would not be bonded until 2009. He said the City is still in balance; however there are other things affecting the budget such as sales tax, which is up at this time and mortgage tax, which is now down. He said everything will be closely watched and in the fall we will know more; actions will be taken as the Charter calls for and as necessary. He cautioned the Council members to prioritize projects and watch spending. DEPARTMENT OF PUBLIC WORKS Amend the June 17, 2008 City Council Minutes Previously discussed Nelson Avenue Drainage Project (08-104) Commissioner Anthony Scirocco said that the funds to pay the contract amendment are included in the 2008 capital budget under the line item Jefferson Street Sanitary Sewer, H3638122520001137 with $1m designated for this project. 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to amend the current contract with Stantec Consulting Services, Inc. in the amount of $9,850 subject to review by the City Attorney and the Risk and Safety Manager. City Engineer Paul Male said that Stantec is proposing is to evaluate the Adam Street and Doten Avenue pump stations, and the village of Saratoga pump station in attempt to redirect the flows away from the Jefferson and Vanderbilt Street areas and send them southerly in to Crescent Avenue and into the existing County gravity sanitary sewer system which will alleviate a lot of the problems that people had there with high groundwater. Commissioner Scirocco asked Paul Male to explain what happens when a sewer system gets surcharged. Paul Male explained that in this area because the storm sewers are either very limited or non-existent, many of the homeowners tend to put the sump pump water into their sanitary sewer line which places more flow into the sanitary sewer lines than they were designed to handle and as a result the system surcharges and comes out of the manholes, backs up into any available space that does not have a back-flow preventer. Paul Male said that as a result of the Nelson Avenue Drainage project, a lot of people will have access to the storm sewer; the terminus point of the project is the Village of Saratoga. Commissioner Ivins asked if the money is coming out of the capital budget, and Paul Male responded that it is; there is about $3.5m for sanitary and storm sewer design for that whole area. Ayes all. Out of Title Pay (08-105) Commissioner Anthony Scirocco said that due to the previously scheduled vacation time of the newly appointed Office Supervisor, the Senior Clerk must assume the duties of preparing the DPW payroll; she has previously been granted an “out of title” rate for the responsibility of payroll for 30 days. It has been extended from June 25 to July 28 by the Civil Service Commission. He said that the current rate is $29.08 and the Senior Clerk’s rate is $20.91, a difference of $8.17 at 15 maximum weekly hours bringing the total weekly amount to $122.55. Commissioner Ivins asked if the money is in the budget and Commissioner Scirocco said yes, it is in thebudget and it is temporary. Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to extend the “Out of title” pay for 30 days. Ayes al l Street Acceptance (08-106) Paul Male said that the City currently owns only the section of Outlook Avenue starting at Church Street extending southerly about 1100 feet in and now will be accepting the portion of Outlook to the intersection of Central Avenue, and a portion of Central Avenue that was formerly known as Outlook Avenue, will be accepted. He said that the DPW checklist is completed on both streets; the one-year security maintenance will be taken care of when all of the paperwork has been filed. The existing letter of credit will be released once the one-year letter of credit for maintenance security is received. Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to accept the portions of Outlook and Central Avenues as proposed. Commissioner Ken Ivins said he lives on the portion of Outlook Avenue that the City already owns, but he will be abstaining from this vote although he was advised by the Assistant City Attorney that he does not have to abstain because there is no monetary gain, but since there is a gain of convenience, he prefers to abstain from this decision. Ayes: 4 Nays: 0 Abstentions: 1 (Commissioner Ivins) Update-City Hall Stairs Project 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Commissioner Anthony Scirocco said that City Hall was designed by a local firm, Cummings & Burt and it opened in 1871 and contained a post office, a court room, a theatre on the third floor, along with necessary spaces for town officials and a lock-up. He said that an addition on the east side was built in 1881 to house the Appellate Division of the Supreme Court and to make room for the Police Department. He said that in 1930 the building underwent extensive renovation and the bell and the clock tower were removed along with the wrought iron fence and the lions and the front steps and entrance were changed at that time. He referred to displayed pictures of the existing steps and of the steps in 1871, which is how the new steps are going to look. He said that the two windows on each side of the main door were once doors coming from the stairway that opened up to allow the theatre goers to exit. He said the timeline began in January and February of 2008 when Assistant City Engineer designed the steps, the bid process and DRC approval took place in March, the building permit was issued April 8. Demolition took place on April 21, and on May 1 to May 15, the foundation formwork, rebar and the foundation pour took place, May 15 through May 25, back-fill, insulation and radiant heat were installed; May 27, the concrete stairs were poured and they are still curing, and on May 29 there was a field measure by Adam Ross and May 29 through June 16, the Granite Shop drawing plan and review; and June 5, the sidewalk pour; June 17 Granite shop drawings were approved, and on June 26 Adam Ross provided shop tickets to the Quarry; June 27 to July 17 is the granite lead times to be shipped and installation of the granite is anticipated for late July or early August. There will be a bronze railing installed on both sides of the cheek wall and up the center after the granite is installed. He said the lions were restored in-house to a bronze patina. He said this is a great project that the public should be proud of and everyone has worked very hard. Commissioner Ivins asked if there is a penalty clause in the contract if the deadline is not met. Commissioner Scirocco said that they would not press the issue at this time because the customizing the granite is an intricate process. Paul Male said these steps are comprised of pieces of granite and individually measured and cut at the quarry. Commissioner Scirocco said that the granite is mined in Vermont and each piece is 350 to 400 pounds and will match the existing granite of the building; it has to be cut to fit precisely because it is a veneer. A sample piece of the granite was circulated among the Council. Getty Gas Station Routes 9 & 50 Commissioner Anthony Scirocco said that on Tuesday June 24, he and Commissioner Kim met with Code Administration and representatives from Crown Oil, the owner of the Getty Gas Station on Route 50. Crown Oil has agreed to voluntarily clean up the property and will begin immediately to do so; Code Administration will oversee the project and work closely with Crown Oil and the contractor. He said the tanks have been removed and it is believed that they have a certificate from the State Department of Environmental Conservation (DEC) that there is no environmental impact. He said he has received complaints at his house that the property is an eyesore and there are pictures of kids using it as a skate park and hanging off the canopy. Once the owner has cleaned up the property, all parties involved will meet to determine the next step. Commissioner Kim thanked Kevin Veitch for his hard work, especially when it became clear that it was a matter of public safety. Commissioner John Franck said he is happy this is being taken care of because it is not a new situation. He said he researched the minutes and there have been numerous discussions on the Getty Station and several offers between the City and the owners as the City attempted to purchase the parcel to use as a pocket park and the property was discussed several times in executive session. He said that in April of 2006, former DPW Commissioner McTygue indicated his office was interested in applying for open space funds for the Getty Station property, suggesting that it could be turned into an Urban Park. It was also mentioned within the same discussion that money was available in the open space bond for the Getty station and it would be a good opportunity for the City to clean up the intersection. At the time, then City Planner Geoff Bornemann said that the City would have to reach an agreement with the owners of the Getty Station before a grant application could be submitted to the County. At the same meeting Supervisor Yepsen said the Getty Station parcel is a good choice for open space funding because it is located at a gateway to the City. He said the Getty Station was also on the City Council agenda August 1, August 15, October 17 2006; and February 6 and July 17, 2007. At the April 12, 2006 meeting the discussion indicated the City was interested in purchasing this parcel and it was mentioned that an offer from the City to purchase it for $250,000 was rejected and at the same meeting, the council discussed pursuing acquisition and Commissioner Kim had suggested using the property for a “Hero’s Park”. On August 1, 2006 the feeling among the Council was that the owners 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 might be more receptive to an offer on that property since the State took a portion of the lot for use as a Right of Way. Commissioner Franck said there were other discussions at subsequent Council meetings regarding the acquisition of the property under the open space program. Commissioner Franck said he brought up the points because if the City wants to negotiate, there is a history that the parcel has been discussed for purchase and it seems that this is a good time to reconsider purchasing the parcel as a possible acquisition; it would be a mistake to wait until the property is cleaned up before negotiating a purchase. Commissioner Scirocco said it would not make sense for the City to purchase the parcel and then have to spend additional money cleaning it up. He said that the parcel is assessed for between $350,000 and $400,000 and a big piece of property will be taken for the right hand turn so if the City had purchased it two years ago we would have had to clean up the property and turn over a portion to the State.. He said it has been a long time coming and the Department of Public Works and Public Safety have taken the initiative to get the owner to take responsibility and clean it up because it was unclear whether there were environmental issues or not and the property owner should be held responsible. Commissioner John Franck said that the owners should clean it up but negotiations on a purchase should not stop in the mean time. There are always contingencies in purchase agreements especially one as complicated as this. He said that the City should not buy someone else’s liability, and making the owner responsible for cleaning up the parcel is no reason to stop negotiations. He said that the assessment will most likely go down when the State takes the Right of way but it makes fiscal sense to move forward on this parcel now while we are doing construction on South Broadway rather than waiting one or two years longer. Mayor Johnson said he has brought up this issue to the Real Estate Committee and the Open Space Committee so the ideas of development have been heard. He agreed with Commissioner Franck that the City could force the owner to remediate the site if necessary. He thanked Commissioners Kim and Scirocco for taking action to address the immediate problems and push it forward. DEPARTMENT OF PUBLIC SAFETY Swearing in New Firefighters Previously discussed Public Safety Facility Commissioner Ron Kim said this item would be combined with the final item on his agenda and per the executive session he would make the following motion: Commissioner Ron Kim moved and Commissioner Ken Ivins seconded that the motion approved on June 17, 2008 approving a modification to the LaBella Associates contract be rescinded upon the advice of the City Attorney and that the item “Discussion and Vote on the LaBella Professional Services Contract ” be added to tonight ’s agenda. Commissioner Kim explained that the City Council voted at its last meeting to modify the existing contract with LaBella and on the advice of the City Attorney they are rescinding that motion and then voting on a new motion to approve the contract in a manner more in compliance with the City’s procurement policy. Ayes all Discussion and Vote on LaBella Professional Services contract (08-107) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to approve the professional services contract for design services in the amount of $23,000 for LaBella Associates to provide cost estimating alternative conceptual schemes for a new public safety station and reconstruction designs for the existing city hall space. 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Commissioner Ivins commended legal counsel for pointing out the problems and coming up with an appropriate way to handle the matter. Ayes: 3 Nays: 2 (Commissioner Franck, Mayor Johnson) Jail Cell Lead Abatement Commissioner Ron Kim said that the removal of the lead will begin later this week through a contract administered by Optec. The work should take four or five days and once the abatement is complete, the work to remediate and improve the jail cells will begin, including improvements to locks, ceilings and windows which, when finished will enable the city to use the cells again. Retirement – Sergeant Wildy Commissioner Ron Kim announced the Retirement of Sergeant Warren Wildy. He said he is a home grown local that started as a temporary officer in June of 1976 and appointed as a full-time officer one year later. In 2001 he went to the Juvenile Aid Unit that deals with some of the most difficult issues there are in police business and was subsequently promoted to Sergeant in September of 2003. He congratulated Sergeant Wildy on a successful career and whished him the best of luck. Accept Donation (08-108) Commissioner Ron Kim moved and Commissioner Anthony Scirocco seconded to accept a donation f rom Craig Coon, Adirondack Dundee , for services in the amount of $309.65 for assistance to the animal control officers. Ayes all Recreation Center Legal Opinion Commissioner Ron Kim said that he has previously shared his legal concerns regarding alienation of land and potential deed restrictions regarding the site of the southside field and he believes that there are legal challenges. He said that until he can be convinced that there are no issues, he would continue to vote against the Recreation Center until his questions are answered and resolved. He said it is important to know and understand that the city is not potentially creating a problem by choosing this site. Mayor Johnson suggested that Commissioner Kim speak with City Attorney Joe Scala to determine the extent of his opinion. RFP Police Telephone System Commissioner Ron Kim pulled this item from his agenda. LaBella Contract Previously discussed SUPERVISORS Joanne Yepsen Update and Report on 2008 Racing Meet Supervisor Yepsen said that NYRA is still trying to settle on an agreement with four criteria including 1) Settlement over the land; (2) Moving legislation into a final franchise contract with the state; (3) Lease agreement; (4) VLT update: there are three major bidders to put machines at Aqueduct including Delaware North and Capital Play. She said customers must go through “Ticketmaster” to purchase tickets in advance for the track. She said that the Thoroughbred Racing Fan Association gives a hard hat tour of the Saratoga Springs Race Track. Veterans Housing 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday Ju ly 1, 2008 Supervisor Yepsen reported that there ate 14 Iraqi Women veterans in need of homes and one-third has children. She said this is a work in progress; they are working with a group to fix up houses and cooperating with groups to be able to provide homes for these women and they are searching for real estate in Ballston Spa. Matthew Veitch Update on Autism Council Supervisor Matthew Veitch said that the Autism Council met last week to promote awareness of autism throughout Saratoga County and they plan to have a booth at the Saratoga County Fair July 15 through July 20 to include details f the activities of the council and a Youth/Family Services brochure. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to adjourn the meeting . Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 9:10 pm. Respectfully submitted, Nancy Wagner Clerk Approved: July 15, 2008 5-0 13 of 13