City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, September 2, 2008 6:30 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 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 Amend Chapter 225-77 of the City Code – Stop Sign at Audry Lane and Victoria Lane Mayor Scott Johnson opened the public hearing on amending Chapter 225-77 of the City Code at 6:30 p.m. Ann Wagner of 12 Excelsior Spring Avenue stated she lives at the intersection of Excelsior Spring Avenue and Victoria Lane. One of the stop signs is going to be on her property. She is against the installation of the stop signs as she feels it is not necessary to have a four way stop at that intersection. The speed limit has already been reduced to 15mph and there are 2 stop signs coming across Excelsior Spring Avenue now. That is sufficient. Mark Claverie 24 Patricia Lane. He is in favor of having the stop sign. Pedestrians and cyclists go through that area a lot to go downtown. It is an ‘s’ curve and blind. Commissioner Kim stated the sign would be erected on the right of way, never on private property. Tony Izzo confirmed that statement was correct and no easement is necessary. Scott Blaha of 22 Excelsior Spring Avenue stated he and his wife support a four way stop at this corner. He has two small children. As this is a bus stop for several of the children in the neighborhood, they and City Council Meeting 9/2/08 their custodians need to walk to this bus stop. This intersection is on an ‘s’ curve and the site distances are very short. They walk to the bus stop, to the east side recreation, and to Caroline Street School. They walk on the west side of the road until they get to that curve in the road and then cross over to the east side of the road where there is better site distance. With the recent paving of the road, drivers are increasing their speed. Loretta Brockenbrough of 27 Elizabeth Lane and is here to show support of the stop at the intersection. It is not a safe intersection with the layout of the curves. Safety is everyone’s first concern and shouldn’t wait for an accident before installing a stop sign. Deborah Wertheim of 17 Excelsior Spring Avenue is here to support the four way stop. There are no sidewalks and a bus stop right there. She has seen it where people don’t even stop and try to go around the school bus. It would be a real asset to the neighborhood to put the stop signs in. Neil Hallett 18 Excelsior Spring Avenue stated he and his wife both support the four way stop. Some of the issues mentioned earlier are of a daily occurrence. It is a blind intersection coming off of Audry and would like to see this a four way stop. Mayor Johnson closed the public hearing at 6:40 p.m. Amend Chapter 225-77 of the City Code - Stop Sign Ordinance – Veteran’s Way and Excelsior Avenue Mayor Scott Johnson opened the public hearing on the Stop Sign Ordinance for Veteran’s Way and Excelsior Avenue at 6:40 p.m. Commissioner Ivins asked for clarification of it being a 3 way stop versus a 4 way stop. Tony Izzo, advised that the ordinance and the legal notice said both. It is more of a 3 way intersection than 4. Mayor Johnson closed the public hearing at 6:40 p.m. Capital Program Proposal Mayor Scott Johnson opened the public hearing on the capital program proposal at 6:40 p.m. Mayor Johnson stated this is a six year program to identify capital needs and shows the funding. This is the first of several public hearings that will be held. The Charter mandates that 2 hearings be held prior to the adoption by the Council. The next public hearings will be held on September 4th and September 8th. This program was posted late this afternoon on the City website due to technical difficulties. The message from the Mayor is also posted. Commissioner Kim requested another public hearing as he felt the public is not here to speak out as the proposal was not made available for review until just before the Council meeting. He believes the public is going to be interested in the fact that this proposed capital budget defunds the public safety station. After no less than 3 budgets that have been proposed by subsequent City Councils to approve and move forward the building of a public safety station, it has now completely fallen off the table. There is nothing in here that supports the building of a new public safety station, after 8 separate studies stating otherwise. The previous City Council voted to put $1.1 million dollars in the 2007 capital budget to design a facility. Then the same Council approved a contract for $860,000 to design the building and that design is ongoing. That is a binding contract that this City is committed to design the facility. Then the City Council in 2008 approved $8 million dollars in the capital budget to construct that new police station. You are being taxed on $8 million dollars that apparently we are not going to get that police station. We also approved in the same budget $500,000 in the operating budget dedicated a lock box to the interest cost of the $8 million dollars. Not only did we have the foresight to approve the $8 million dollars but we had the foresight to how they are going to fund the project over time. In spring 2008 the consultants presented a preliminary design of $9.7 million dollars. There was $8 million dollars approved and we came in with a Page 2 of 17 City Council Meeting 9/2/08 $9.7 million dollar budget. The $8 million dollars was unrealistic. There were much higher estimates but they did their best to shrink this number. All they needed in the 2008-2009 budget that defunds the public safety station was $1.7 million dollars to complete this project. We’re not going to spend $1.7 million dollars for the number one priority for the last 3 budgets; instead we’re going to spend $1.3 million dollars to build a beach on Saratoga Lake. That’s the priority of this capital budget. Nothing for the police station, it’s being defunded, but $1.3 million to build a beach. He asked the public to contact him via e-mail at ron.kim@saratoga-springs.org with their opinions of what the priority should be. Mayor Johnson reminded the public that there will be two more public hearings on the capital program proposal prior to a vote being taken. One is on September 4th at 3 p.m. and the second is on September 8th at 6 p.m. Mayor Johnson closed the public hearing at 6:55 p.m. Zoning Map Amendment – Gridley Street Mayor Scott Johnson opened the public hearing on the zoning map amendment at 6:55 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor 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 Johnson opened the public comment period at 7:01p.m. David Bronner of 5 Royal Henry Court stated if during executive session the Council is going to discuss the possibility of defending the lawsuit that is anticipated to come the City’s way from KenMar Development for the blocking of the lot on Martin Avenue and the denial of property rights, that we now know did occur. He suggested that they pay no legal fees for Thomas McTygue or his brother William. Both are implicated in this. He read again the following statement “we also find that the petitioner has sufficiently pleaded a lack of legal justification for the respondent’s actions, in fact there is evidence among other things, Thomas McTygue together with his brother William had unilaterally decided to prevent development of lot 4 regardless of the planning board’s approval or building permit”. KenMar had to sell the lot because of the expenses the company had to assume to fight the court case and the loss of 2 years of construction time. It was no longer fiscally feasible for them to build on this lot so they had to sell it. He requested again that William McTygue resign his position. He abused his power in this regard and betrayed the public trust. We should not be paying people like this on the payroll if they are going to act in this irresponsible regard. Mayor Johnson closed the public comment period at 7:16 p.m. because the fifteen minutes had elapsed. PRESENTATION Embury Apartments Matt Jones of Jones Ferradino and Brian Nealand, CEO of the Wesley Community were present as a follow up to a resolution that was passed January 16, 2007. That relates to the rehabilitation project at Embury. This is a $12-14 million dollar rehabilitation project. By unanimous vote, the in 2007, the City Council approved the Mayor to execute a pilot agreement. Page 3 of 17 City Council Meeting 9/2/08 Embury has sought through the private finance housing law the assistance of an equity partner to do the rehabilitation of the building; redoing the windows, things related to energy, the kitchens, the refrigerators, etc. The towers at Embury which are 35-36 years old. To do this, Embury will convey to a third party a for-profit enterprise and title to the structures. That will create an event where otherwise not taxable property will be placed on the tax roll. The for profit company is able to invest the capital into the buildings and make use of federal tax credits. What needs to occur, so the expenses don’t pass on to the seniors who reside in the building, is a payment no taxes agreement. Nothing will change at Embury. One additional item required of this City Council is a legal mechanism where the title will pass for an instant in time through the City of Saratoga Springs. At a closing the City will become owner of the property for about ten minutes and then turn it over. That legal mechanism is required in order for the private housing finance law to take advantage of 100% of the benefit that is out there. The closing needs to occur on or before September 30th. Documents will be forwarded to the Council in the next week or so. An indemnification agreement will be provided to the City. Brian stated Embury has to guarantee construction within two year of the start. Currently working with a contractor that believes it is a 17 month construction cycle. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session at 7:23 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. Nothing to report, as no final action was taken. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of Minutes 8/19/08 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 8/22/08 $465,899.28 5. Approve Payroll 8/29/08 $461,338.47 6. Approve Warrant 2008 Mid MC2AUG08 $662,849.26 7. Approve Warrant 2008 Regular 1SEPT08 $227,123.45 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approval of 2008 CDBG Sub Recipient Contracts (08-154) Mayor Johnson moved and Commissioner Ivins seconded to approve the 2008 CDBG Sub Recipient Contracts. The approval of these contracts will implement the City’s 2008 entitlement action plan as approved by the City Council on April 15, 2008 and subsequently approved by the federal government. The funding is received from the US Department of Housing and Urban Development (HUD) and provided to the City to accomplish its community development program objectives. These contracts have been reviewed by HUD, the City’s legal staff, and the City’s Risk and Safety Manager. There are 11 sub contracts as follows: Page 4 of 17 City Council Meeting 9/2/08  Catholic Charities for Saratoga Mentoring Program in the amount of $8,000 towards salaries  Domestic Violence and Rape Crisis of Saratoga County for shelter services in the amount of $15,000  Saratoga County Economic Opportunity Council for Latino Support Program in the amount of $8,500  Saratoga County Economic Opportunity Council for Race Course Housing and Service Advocacy in the amount of $12,000  Frederick Allen Lodge #609 for Historic Building Preservation in the amount of $10,000  Legal Aid Society of Northeast New York for the Homelessness Prevention Program in the amount of $13,000  Mother Susan Andersen Emergency Shelter for Shelter Program in an amount not to exceed $3,000  Mother Susan Andersen Emergency Shelter for Revitalization Project (new siding for its facility) in the amount of $15,577  Saratoga Affordable Housing Group for the Allen Drive Acquisition and Revitalization Project in the amount of $150,000  Legal Aid Society of Northeastern New York for same project but different services in the amount of $12,000  Franklin Community Center for Facility Improvements in the amount of 10,000 Ayes – 4 Abstentions – Commissioner Kim (sits on the board of the Legal Aid Society) Discussion and Vote: Hawley Foundation Donation (08-155) Mayor Johnson moved and Commissioner Ivins seconded to approve the Hawley Foundation Donation. Linda Terricola, Director of Recreation Department advised that the donation from the Hawley Foundation in the amount of $26,330.00 funds scholarship programs for 85 of the children ages 5-12 that attended Camp Saradac this summer. Ayes – All Abstentions – Mayor Johnson (President of the Board of Managers) Discussion: Indoor Recreation Center Costs Updates Mike of Szemansco of Synthesis and Sue Davis of SD Atelier were here to present the indoor recreation center for Vanderbilt Avenue. They are on budget with the project. The City has been able to obtain green space which is currently under contract. Gives ability for a lot of flexibility for different type of fields and different types of programs. The section of the building with the racquetball court and a rock climbing wall has been taken out of the project as part of the base bid. This was never part of the original feasibility study. They will include as an add alternate racquetball extension at the end of the building. This can easily become an addition later on without disruption to the building and without changing any functions within the building. Seemed like a good area to be conservative and be able to cut. There is a geo thermal system in the building that is part of the project, a $100K cost. There is a fairly short payback on this; 5-7 years. Air conditioning for the gymnasium is also in the project as an alternate, also a $100K item. They took a couple thousand square feet out of the building by fine-tuning the floor plan. This saved a couple hundred thousand dollars in the estimating process. The site hasn’t changed, there is the same number of parking spaces. The only change is the building has shifted slightly to allow for future or phase 1 of the racquetball court. Commissioner Kim asked for clarification of rock climbing being completely excluded. Mike explained the rock climbing is not part of the bid at all at this point. They do expect this is something that can be added later at different locations in the facility. Page 5 of 17 City Council Meeting 9/2/08 Commissioner Kim stated that Commissioner Ivins quoted fees generated from rock climbing and racquetball would be in the amount of $12,500 per year. This is not going to be definite income become it is not sure that we have racquetball or rock climbing. Sue Davis responded by saying there responsibility was to be sure they did everything they could to keep costs down and within budget. Mike stated the estimate to build the racquetball court in close to $200K and the estimate for the rock climbing wall is $100K. He went on to show the different areas in the facility - lobby area, multi-purpose room, game room, separate locker rooms, separate restrooms, concession counter area, etc. Outside there will be a playground area with a spray park. They have been working with the Stewart Lynn Company regarding cost estimates. The base project was approximately $4.6 million before mark ups are added for normal parts of estimates and design contingency for things that have yet to be determined, things that might have been missed within the estimate, things that are not in the drawings at this point, construction contingency (5%) for things that come up during construction that are unforeseen, general contractor fees (4%), general conditions (contractor’s overhead), insurance, bonds, and escalation from when time the estimate was done (late June) through a conservative start of 9 months on the project. Looking to put out to bid early October with ground breaking this year. Just under $6.1 million for total project with $600K in contingency and escalation. Commissioner Scirocco asked what the exterior is going to look like. Mike advised they will be using brick , concrete block, asphalt shingles, and synthetic stucco. Maintenance on the building will be very low. Sue Davis stated they are concerned with having as much natural daylight as possible. They are trying to keep the heat gain to a minimum by using insulated panels on the roof. Mayor Johnson asked if there are any other energy efficient benefits/savings that will be realized other than the geo thermal. Mike explained they are using the panels to give a higher ‘R’ value. No duct work is required for the gymnasium. The lighting system is going to be energy efficient. Sue Davis explained they have been in touch with NYSERDA and a worksheet can be filled out to apply to them to get grant monies back. Mayor Johnson confirmed that the gymnasium will not be air conditioned initially, but will be designed so that it can be retro fit later on. Commissioner Scirocco asked if there were any plans for a generator for possible use as a shelter in an emergency. Mike advised that is hasn’t been looked at yet, but it would be in the $100k range to do. Discussion: Proposed Capital Program 2009 – 2014 A powerpoint presentation was given on the recommended capital program for 2009-2014. There were 14 or 15 capital program committee meetings to arrive at the recommended capital program to present to the council and the public. The presentation can be found on the City’s web page. The Mayor read his message on the 2009 Proposed Capital Program as follows: Mayor’s Message on the 2009 Proposed Capital Program Page 6 of 17 City Council Meeting 9/2/08 Our City Charter is specific in both the content of the Capital Program to be adopted by the City Council as well as designating the Mayor as the Chair of the Capital Program Committee. In conjunction with the Capital Program Committee, the Mayor is responsible for preparing the City’s Capital Program for a six year period, in this instance from 2009 through 2014. The Mayor is required to transmit the Capital Program projects recommended for the ensuing budget (for year 2009), along with the six year Capital Program, to the Finance Commissioner on or before September 15 each year to ensure its incorporation into the City’s annual Capital Budget. Prior to transmission to the Finance Commissioner, the proposed Capital Program must be submitted to the City Council for adoption. The proposed Capital Program must also be submitted to the City Council on or before the first regularly scheduled Council meeting in September of each year. Finally, two public hearings are to be scheduled prior to the Council’s final adoption of the six year Capital Program, for 2009 on September 4, 2008 at 3pm and September 8, 2008 at 6pm. The deadline of September 15 for adoption of a proposed Capital Program by the City Council is to ensure that the program is ready sufficiently in advance of the overall deadline of November 30 for adoption of the City’s Comprehensive Budget. The eventual Comprehensive Budget shall consist of an Operations Budget, a Capital Budget, and a Debt Service Budget. The Capital Program, per the terms of the Charter, shall consist of capital projects and capital equipment, to be listed by department and contain recommended priorities. Please refer to the City Charter, Section 3.1.1, for the conditions required for each Capital Project to be included into the Capital Program. The composition of the Capital Program Committee is also dictated by the Charter and varies significantly in the otherwise ad hoc committees that can be formed to analyze City issues. The Capital Program Committee shall consist of one representative each from the Departments of Finance, Public Safety, Public Works, and Accounts; the City Planner; The City Engineer; Chair of the City Planning Board; a representative of the Recreation Commission; and the Administrator of Parks, Open Lands, and Historic Preservation. This year, as in prior years, there were additional representatives from the respective departments to address certain proposed projects and need analysis. However, in the event of disagreement on the inclusion of any proposed project into the Capital Program, only those committee members established by the Charter were entitled to vote and reach consensus. We clearly live in uncertain economic times. The City Charter also places limitations on bonding capabilities of the City under Section 11.2 of the City Charter, restricting the long term debt bonding of the City to 1% of the average full valuation of taxable real estate of the City, with any further increase in the City’s bonding limits to be approved by voter referendum. By decision of the last City Council in 2006, the bonding capacity was increased to 2%, translating to a current bonding capability of $57,380,548. The City presently has long term debt bonds totaling $35,942,387, of which $10,149,384 are excluded from the long term bond debt limit as water system projects. Therefore, the net amount presently available for future bonding is approximately $32,000,000, to be in compliance with the overall debt limitation. This is the entire bonding capability remaining for all future years, not to be confused with what is available on a year by year basis. The Capital Program Committee reviewed 32 proposed capital projects for 2009 alone, totaling $22,381,000. Obviously, there needed to be significant deductions and exclusions within those proposed items in order to not overly burden the taxpayer and exceed any reasonable increase in bonded debt for 2009. In the end, the Committee, through cooperative effort by either consensus or vote at times, reduced the programs for 2009 to 22 projects totaling $5,141,000. Of the $5,141,000 recommended, there should be deducted $1,300,000 for two projects (Geyser Crest Well System Improvements and Water Treatment Plant Emergency Power Generator), thereby reducing the proposed long term bond debt for 2009 to $3,841,000. By historical contrast, last year’s Capital Program Committee had recommended capital projects totaling $25,790,000 for bonding in 2008 alone. The City Charter also clarifies, per Section 3.1.3, that the Mayor shall present to the City Council and the public the six year Capital Program “highlighting capital requests for the upcoming fiscal year to be included in the City’s annual Capital Budget”. Therefore, neither the City Council nor the Public should misconstrue any projects listed beyond the year 2009 as either approved for recommendation as actual Capital Projects to be undertaken, or as referendum on the viability and acceptance of such projects ultimately by the City Council and the public. As an example, beginning in the year 2010 through 2014, under the project entitled “Saratoga Lake Long Term Water Supply”, there is a combined project cost estimated at $17,164,627. Clearly, the City Council and the public have not decided whether this project will ultimately be undertaken by the City, but there was sufficient financial documentation and support submitted to include it within the future projected years as a potential project. Accordingly, the overall projected cost of the entire six year program must not be viewed as any recommendation, by this Committee or the Mayor’s office, to actually undertake and accomplish all the projects beyond those actually recommended for 2009. To be sure, those items recommended for 2009 will generate some controversy, most notably the denial of the Public Safety Department’s request for $9,700,000 for the construction of a new Public Safety building. The denial of this specific item was by vote of the Committee since a unanimous consensus could not be reached. However, this particular action should not be viewed by the public as any referendum whatsoever by this Committee on whether the City needs a new police facility. Rather, the decision was difficult but necessary because the present proposal for construction of a new police facility has neither been accepted or bonded by the present City Council. It is also abundantly clear that this proposal, as now presented, will not be accepted by this Council. Additionally, the Public Safety Commissioner has now declared an intention to release a new Request for Proposal for development of the High Rock Parking Lot, to include a police facility, parking garage and perhaps other but unspecified structures. The present proposal’s projected cost of $9,700,000 for 2009, and for which the funding source was solely bonding, was significant in the decision to exclude this project. The Committee was also receptive to the need to address a new Eastside EMS (Emergency Medical Service) facility, particularly to address the public safety issues for those living east of the Northway. The original request was for $4,420,000 to encompass the land acquisition, design, site development and construction of the facility. However, it was consensus of the Committee that there was not sufficient agreement on what facility should actually be constructed to provide such services, in terms of scope, scale, personnel to staff and impact on total costs. Not wishing to recommend the City bond funds for a project scale that may never be accomplished, it was felt to be more prudent to allocate sufficient funds Page 7 of 17 City Council Meeting 9/2/08 to acquire property and perform site development in the year 2009. Simply put, it was a recognition that something needs to be done to address the emergency medical services in that locale, without committing the City to a specific scale of construction and personnel. Another item that maybe contested is inclusion of the Waterfront Property Development. The inclusion of this item should not be viewed as a choice of recreation over public safety. Rather, the amount recommended is a recognition that something needs to be advanced on a $2,000,000 property purchased over two years ago without any meaningful use yet established. Also, the amount allocated to this project would not advance, in any substantive fashion, any new police facility. By contrast, the amount recommended for this Waterfront Project would enable actual and varied use, beginning in 2009, of the only waterfront access owned by the City. The public should also be aware that the Finance Commissioner facilitated our deliberations by presenting an analysis that the City faces a tax increase for 2009 at a rate of 5.43% even if no capital projects were undertaken at all in 2009. The 5.43% increase is due to the pre-existing obligations of the City on prior bonding. This pre-existing debt and obligation was a significant factor in this Committee choosing to be fiscally conservative, again given the present economic forecast and continued uncertainty in receiving future VLT funds. In this message, I have attempted to present some insight and explanation for the recommendations now presented to the City Council and public for approval. However, this message should not be construed as one endorsed or sent with the full approval of the Committee. As your elected official, I feel compelled to provide some insight into the proposed program, while recognizing and respecting there may be differing opinions. In any event, I am sure the Committee joins me in expressing the intention to be fiscally responsible and conservative with your tax dollars. Respectfully submitted, Scott T. Johnson September 2, 2008 Mayor Johnson proceeded with the power point presentation by explaining what the capital program is and how the capital program was developed. It is also important that the source of funding need to be identified for each capital project for inclusion in the capital program. This is important during our economic times as things are strictly being financed by bonds as opposed to other sources of revenue or creative financing needs to be looked at a little closer because of the price tag involved. This was also a factor in the decision of the public safety building. There is a committee of 10 members, not an ad-hoc committee appointed by anyone. There were 32 projects were proposed totaling $22,381,00, that was reduced by consensus or vote to 22 recommended projects totaling $5,141,000. Of this amount there are certain items that do not come under our long-term debt limitation per City Charter. These items are water related projects. One is the Geyser Crest well improvements and the other is the generator for the Water Treatment Plant. Deducting those out, the amount of $1,300,000 uses the net amount to be bonded that is under the long-term bond limitation of the $3,841,000. The committee ranked the 2009 projects from 1-22. This was not done for future years because as you move things from one year to another it becomes difficult to establish priorities in subsequent years. The current long-term debt bonding capacity (limit) is $57,380,548. It is not a lot of money when you have 32 projects in a year, for 2009 totaled $23 million. The committee was fiscally prudent and cut where they could, deferred what they could at the moment, defer what is not ready for inclusion for next year’s capital program as compared to something down the road. If the committee had recommended for inclusion all 32 projects for 2009, we would have roughly $23 million dollars. Apply that to balance left of our long-term debt limit before we max out our bonding limitation. We’d be left with only approximately $10 million dollars for years 2010 -2035. The committee decided to cut the number of projects to 22 totaling $5,141,000 to be fiscally prudent. There is an excel spreadsheet on the website that shows the 6 year program. The projects for 2009 are listed below ranked by importance: Dept 2009 Capital Project Title Total Rank MAYOR New Communication System $ 150,000 1 DPW Geyser Crest Well System Improvements $ 550,000 2 DPS New Eastside EMS, Design, Land, Site $ 400,000 3 Page 8 of 17 City Council Meeting 9/2/08 Development DPS Call Back System $ 25,000 4 DPW Water Treatment Plant Emergency Power $ 750,000 5 Generator DPW Canfield Casino Rehab Project/Phase IV $ 300,000 6 DPW Benedict Street Storm Drainage Project $ 100,000 7 DWP Broadway Drainage Project/City Center $ 100,000 8 Expansion DPW Infrastructure Improvement and Replacement $ 300,000 9 Project DPW Sewer Jet $ 175,000 10 DPW City Buildings and Facilities: Repairs and $ 300,000 11 upgrades DPS Brush Truck $ 60,000 12 MAYOR Waterfront Property Re-Development $1,330,000 13 RECREATION Refurbishment of Bleachers $ 25,000 14 DPS Cold Storage Pole Barn West Avenue $ 60,000 15 DPS Utility Vehicle $ 45,000 16 DPW Compost Facility Expansion $ 225,000 17 DPW Tractor Backhoe and Loader Machine $ 110,000 18 DPS Civilian Fingerprinting Equipment $ 19,000 19 RECREATION Resurfacing/Repairing Tennis and Basketball $ 80,000 20 Courts RECREATION Fencing: Recreation Complex $ 12,000 21 RECREATION East Site and West Side Rec. Improvements $ 25,000 22 TOTAL $5,141,000 22 Commissioner Kim confirmed that money had already been bonded in 2008 for the communication system. Mayor Johnson stated he believed some money had been bonded, but this money would also have to be bonded. Commissioner Kim thought $170K had been bonded in 2008 for the communication system, there with this additional money the cost is being doubled. Mayor Johnson stated it was recognized that the original amount set aside was not sufficient. It wasn’t a comprehensive analysis of the need of the City. Commissioner Kim asked if bids were received on this to come up to this dollar amount. He also stated that just prior to Mayor Johnson taking office, the police department was ready to do their part of the communication system as they have a separate system. They received a lease bid, not a capital cost, because telecommunications changes so quickly. The lease estimate they received was $100 less than what they are currently paying for their equipment. They weren’t allowed to go forward with that, but now we are doubling the cost for the entire City. He can’t support this. Mayor Johnson advised the ranking of this item and the amount was by unanimous decision by the committee. Page 9 of 17 City Council Meeting 9/2/08 Commissioner Kim stated for the record he was just advised by his Deputy that she voted no against that. Mayor Johnson clarified for the public that when Public Safety didn’t get their police station included as part of the 2009 figures, the statement made by your Deputy was you would be voting no on every single proposed project because you weren’t getting the money for your police station. That statement was said to the entire committee. Commissioner Kim stated the Mayor was correct. The number 1 priority for 3 capital budget processes has now fallen off the table. Mayor Johnson went on to go through the rest of the capital project list. He stated item number 2 is a high priority long overdue. If there was failure out there, the drinking water would be endangered. Project 3 is the eastside EMS for land acquisition and site development. Project 4 is the callback system, a public safety issue, a response issue for the fire department. Project 5 is generator for the water plant. It was included in last year’s program proposal to be done this year and had not been done. This could impact the entire community in the event that we had a problem with the power at the water treatment plant. Project 6 is the Canfield Casino rehab project. There are structural issues, some of the bricks are crumbling. Project 7 is Benedict Street storm drainage project. There has been flooding in that area of the city and needs to be reconnected for stormwater proper management. Project 8 is Broadway drainage project, a City Center expansion issue as well. This was identified some time ago where the water comes down Van Dam Street and proceeds across Broadway and causes flooding at times. With the upcoming expansion of the City Center, it is prudent to address at this time in conjunction with the development of the City Center . Project 9 is the infrastructure improvement and replacement project put forth by DPW to identify, address, and replace as warranted some of the watermains throughout the City. Project 10 is the sewer jet, a DPW item. Present equipment is antiquated and needs to be replaced. Anything involving equipment, the City maintains the inventory and looks at the projected useful life of the equipment and defer as long as possible the replacement of the equipment. Project 11 is City buildings and facilities repair. This amount was bumped up a little bit from the typical allocation given the nature of some of our buildings in the City demonstrate need. Project 12 is a brush truck for DPS, a firefighting piece of equipment. Project 13 is waterfront property redevelopment. It is not a cheap item at $1.3 million. It gives the City waterfront access. Something can actually be accomplished with that money rather than earmarking, bonding and not doing anything with it. This is a real cost estimate based upon the landscape architects. Commissioner Kim added that $1.3 million dollars is not the only cost, it is for the first year. There is $545,000 in year 2 so there is $1.9 for a beach. This money could be used (bonded) to complete the public safety station. It is almost a $2 million dollar beach. It better be very nice picnic tables and really nice sand. Mayor Johnson advised this is a one time cost of construction and development. By contrast, $9.7 million dollars for a new police station was not a real figure. You had no operation costs submitted. I’m all in favor of doing something for public safety. The issue is not public safety versus recreation, it’s what the City can afford to do within its parameters. You can take money and make this piece of land usable Page 10 of 17 City Council Meeting 9/2/08 (which was purchased with open space bond money), where it has sat vacant for almost 2 /2 years, and the tax payers are paying interest on the bond money for two years without any benefit, that is not being responsible. Commissioner Kim felt he had to address the $9.7 million dollars not being a real number. That was done by architects and estimators who have built 13 public safety stations in New York. It’s beneath the public to hear that operating costs have never seen. We approved an extension to the design contract to get those estimated costs and will be delivered to this City Council. We are not, unlike the recreation center, adding any personnel except a cleaning person to a new public safety station. He knows there are heating costs, insurance costs, they are getting those estimates. Commissioner Franck stated he does agree with Commissioner Kim on the Waterfront. He doesn’t know if we have another option. It’s almost 26% of the capital budget. Mayor Johnson clarified that last year the capital budget was never adopted by the Council. The first step is adoption by the Council, then proceed on to Finance Commissioner to include it within the capital budget. Last year the Council never adopted the capital program presented by the Mayor’s department and consequently when Commissioner McCabe was putting his budget together, he picked and chose what he wanted out of capital needs and put it into a capital budget as part of the overall comprehensive budget. What we are doing here now is what the Charter wants us to do. Commissioner Franck stated he believed the Commissioner of Finance could change the capital budget. He also asked since the property was purchased with open space property, do we have the ability to sell the property? Commissioner Kim stated the City Council said they are not going to bond the police station. Why aren’t we doing creative financing with the Waterfront property? Why not creative financing of the recreation center? Commissioner Franck stated his question wasn’t answered. Mayor Johnson would have reservations about having used bond money in that fashion for 2 ½ years and then turn around and sell it to a private developer without compensating the tax payers for the interest all this time. Commissioner Franck stated the taxpayers would be compensated as the tax rate would go down if we put the money back into the bond fund. Mayor Johnson asked how do you get back the $200K paid in interest? Commissioner Franck stated by selling at a profit. Project 14 is the refurbishing of bleachers. This was in the public eye recently. The eastside bleachers had been closed, they are unsafe, and they will be torn down as they cannot be refurbished. This item is to bring in something immediately to allow the continued use of the fields while a long term solution is pursued. Commissioner Scirocco stated he was not aware of the decision to tear down the bleachers at the east side recreation fields. He asked who made that decision. Mayor Johnson advised the decision was made based on joint inspection with the school district and DPW. Commissioner Scirocco stated he thought the steel was fine. Mayor Johnson advised that it was originally thought that the steel was fine then further examination determined the structure had faults to the point of not refurbishing. Page 11 of 17 City Council Meeting 9/2/08 Commissioner Kim asked who inspected the bleachers. Mayor Johnson stated he believed City personnel did, city engineer, as well as a group of people. Commissioner Kim asked for a copy of the report of the inspection. Project 15 is cold storage barn for West Avenue. This is a public safety issue for protection of their equipment during the inclement months. Project 16 is utility vehicle for public safety; fire department. Project 17 is public works compost facility expansion. This has been in the works for a number of years and is being split between 2009 and 2010 to accomplish the objective. Project 18 is public works as well; a tractor backhoe. This is an antiquated piece of equipment that needs to be replaced. Project 19 is civilian fingerprinting equipment. Requested by public safety to separate out the civilians who are fingerprinted for ID purposes versus those that are being processed for criminal charges. Project 20 is resurfacing/repairing of tennis and basketball courts throughout the City but focusing initially on the east side and Geyser Crest, which is a risk and safety item identified. Project 21 is fencing for the recreation complex. There was some damage recently that needs to be replaced. The amount was dropped from $30K to $12K. Project 22 is east and west side recreation improvements. This is an ongoing annual item included in every capital budget. This amount is reimbursed to the City by the school district on an annual basis. Public Hearings will occur on Sept. 4 at 3 p.m. and Sept. 8 at 6 pm. Another will be requested prior to the Council taking final action. After that, the proposed capital program will be submitted to the Council for a vote by a deadline of September 15, 2008. After that it is forwarded to Commissioner Ivins for inclusion to the City’s capital budget of 2009 which the Council votes on the entire budget by November 30, 2008. Commissioner Ivins stated bonding is normally done in the spring and fall. They try to figure out when the rates are the best and try to bond during that period. The first year when something is bonded, we are only pay for interest. Then the next year we pay for interest and principal. On a $5 million dollar bond, we would pay about $130K in interest, which works out to about a .8% increase in property taxes. Payment the second year jumps to about $400K which works out to a property tax increase of about 2.5%. The last 3 years we bonded about $22 million dollars which is more than the 11 years prior to that combined. The last 3 years the county has also been paying the city their portion of the parking garage the City built and we’ve been applying that income to the payments of the debt service. That has now ended. The combined 2008 bond payments carried over (which have just increased) plus the lack of county money means that in 2009 a 5 ½% property tax increase from just the capital budget. This is if we did no capital projects at all. That also doesn’t take into account the general fund. Commissioner Kim made a couple comments about the presentation. He stated the City doesn’t have to do any capital projects, but if they are going to, they should be public safety projects. The 2 critical issues this City has to address is the police station and a fire station on the east side aren’t anywhere to be seen. Mayor Johnson responded that the recommendation of the capital committee to acquire land and perform site development to address the emergency medical needs on the east side. As to the design contract of the police station, he has requested several times to stop the process until they can agree on what can be done. There is a clause in the contract to terminate the contract to design for no cause. Page 12 of 17 City Council Meeting 9/2/08 Commissioner Kim stated this is not his design contract. Because the Mayor has political issues with the former council, he chooses to sit on this. Mayor Johnson gave one last comment that the $9.7 million plus contingency costs that have not been disclosed to the public. In his estimation and by vote of the program committee they don’t feel the project is ready for inclusion in the program for 2009. Public Hearing was set for Sept. 10, 2008 at 6 pm. ACCOUNTS DEPARTMENT Discussion and Vote: Approval for Mayor to Accept Grant Award from New York State Archives (08-156) Commissioner Franck moved and Mayor Johnson seconded approval for the Mayor to accept the grant award from New York State Archives. We received a letter from the State Archives announcing that the city has been awarded a non-matching grant of $17,403 for a records management project from the Local Government Records Management Improvement Fund. The letter includes a form that the Mayor must sign to accept the award and when the grants finance unit receives the form, the next step is to wait for the Comptroller’s Office to release the funds. When the funds are received, we can start the project which includes the purchase and installation of an automated property record card system and peripherals to streamline the collection of property data and reduce the need for paper records in the assessment office. The project is the continuation of my initiative to reduce paper records, increase information accuracy, and automate office processes to enhance transparency and increase accessibility. Therefore I move to authorize the Mayor to sign the grant acceptance award letter. This will provide us the ability to digitize the land records files. Also provides people to go in the field with the laptop with property information. Credit goes to Nancy Wagner for bringing in this money. Ayes – All Announcement: Taxi Surcharge No Longer In Effect Upon Resolution dated July 1, 2008 the city council enacted the surcharge on Taxi fares based on the price per gallon of gas being above $4.00. I am happy to announce that the price per gallon of gas has been below $4.00 so we will no longer have a surcharge on fares. I will be sending a letter to taxi owners by the end of the week to serve as notice. FINANCE DEPARTMENT Discussion and Vote: Armory Associates Professional Services Agreement (08-157) Commissioner Ivins moved and Franck seconded for the Mayor to sign a contract with Armory Associates. This contract is for actuarial services in the amount of $10,400. The City’s independent auditors were consulted prior to making decision. Ayes – All Discussion: City Finances Page 13 of 17 City Council Meeting 9/2/08 Commissioner Ivins stated new construction and improvement to existing property, traditionally the City grows 3-8%, this year the growth is only 1.6%. If the budget grew only 1.6%, there would be no tax impact assuming everything else was equal. Sales tax, no one knows what’s going to happen next year with this economy. Mortgage tax is down this year and he is not confident that it will rebound next year. Track attendance was off 10% this year. VLTs is a total guess. Other revenue sources and other property taxes are going to be flat for 2009. Employee contracts are coming up and health insurance premiums have been double digits over the past several years. We are going to have to work real hard to maintain 3.9%. Commissioner Ivins reminded Commissioner Kim that while campaigning, he stated the conditions of the public safety building are deplorable and resolving that is his first priority. That statement does not say build a police station. For $2 million dollars downstairs can be rehabbed. He is very interested in seeing the RFP and he believes we can save money and make that happen. Commissioner Kim asked where he got the $2 million dollar amount from. Commissioner Ivins responded with that was the figure he thought he heard last year. Commissioner Kim advised the figure was $16.7 million dollars. Commissioner Franck advised that amount was for the rehab all of City Hall and make it a police station. Commissioner Kim advised the issue is there isn’t enough room with the rehab of downstairs. The studies show they need additional room. Discussion and Vote: Accept Donation for Saratoga’s All-American Celebration (08-158) Commissioner Ivins moved and Scirocco seconded the acceptance of a donation for Saratoga ’s All- American Celebration. $1,000 from Saratogian, $5 from an anonymous donor. Ayes – All PUBLIC WORKS DEPARMENT Discussion and Vote: Authorization for Mayor to Sign Curb Work Agreement (08-159) Commissioner Scirocco moved and Ivins seconded for the Mayor to sign a curb work agreement. Work will be done at 152 Regent Street to install 38 linear feet of granite curb in the amount of $1,330. Ayes – 4 Abstention – Franck (contract is with his client) Discussion and Vote: Authorization for Mayor to Sign National Grid Contract (08-160) Commissioner Scirocco moved and Ivins seconded for the Mayor to sign the National Grid contract. This contract is for interconnection of the solar panels at the Water Treatment Plant and have them turned on. Mayor Johnson confirmed that this contract went through all the appropriate channels in city hall for contract approval. Ayes – All Announcement: Update on the Nelson Avenue Project Page 14 of 17 City Council Meeting 9/2/08 Actual dig for the project will begin late this week or early next week. They will begin on Nelson at Wright Street, follow the route down Wright Street to Jackson Street , down Jackson Street to Steele Street, down Steele Street to Jefferson Street, down Jefferson Street to Fenlon Street down to Vanderbilt Avenue and finally to Saratoga Villages. Announcement: Update on the South Broadway Project As of today, they started mobilization to bring in construction material and equipment on South Broadway. The excavation will start tomorrow at the corner of Circular and W. Circular. Lanes will be closed as needed with one lane always open with flagmen and signs. The duration of project will be 6 weeks to a maximum of 8 weeks. Top coat will be put on the base coat and will be stripped. Special Recognition: to John Wine. While working at the Spring Street parking lot August 27th, he found a metal box containing money. Without any hesitation, he turned the money into the police station and the owner claimed the money. Commissioner Scirocco congratulated Johnny Wine on his honesty and integrity. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with PropertyRoom.com, Inc. (08-161) Commissioner Kim moved and Franck seconded for the Mayor to sign a contract with PropertyRoom.com, Inc. Commissioner Kim explained that the police department comes into property on a daily basis. Routinely these items will be auctioned off if the property owners do not claim the property. In the past, staff was used to do the auctions. This company will replace the work the public safety staff once had to do in trying to auction off the items. PropertyRoom.com, Inc. will handle the footwork. Public safety is cutting their overtimes costs to get this property ready. Ayes – All Set Public Hearing: Amend Chapter 225-77 of the City Code to Add a Stop Sign on Wilshire Blvd. at Tiffany Place Commissioner Kim set a public hearing for stop sign to be installed at the intersection Wilshire Blvd. at Tiffany Place for Tuesday September 16, 2008 at 6:55 p.m. Set Public Hearing: Amend Chapter 225-69 of the City Code to Set Speed Limit at 30 MPH on Tiffany Place from Geyser Road to Geyser Road Commissioner Kim set a public hearing set speed limit on Tiffany Place for Tuesday September 16, 2008 at 6:50 p.m. Set Public Hearing: Amend Chapter 225-69 of the City Code to Set Speed Limit at 30 MPH on Wilshire Blvd. from Tiffany Place to End Commissioner Kim set a public hearing to set speed limit on Wilshire Blvd. for Tuesday September 16, 2008 at 6:45 p.m. Discussion: High Rock Public Safety Facility, Parking Garage/Financing RFP Commissioner Kim stated he has jointly been working on this with Commissioner Scirocco. He is open to having a workshop in the near future on this. His concern now is timing. This project would have budget implications. He suggested a workshop before or after one of the public hearings for the capital budget. Page 15 of 17 City Council Meeting 9/2/08 What he is not open to is the request to stop the design and then look at the RFP. His design consultants have assured him that the design and the RFP can be worked on together, they are complementary. Commissioner Scirocco feels this is worthwhile for the council to consider. This RFP included parking lot with additional parking spaces. This also includes the courthouse along with the public safety building. He believes public safety should be the number 1 priority of the city. They need to be given the tools they need to do their job. There isn’t as much space downstairs as people think. Commissioner Franck stated he has no issue with a workshop. He believes we can get this police station for free or at least for considerably less than the proposed $9.7 million and get considerably more. He did look at the RFP briefly and feels it would need modification. A couple meetings would be needed to get this done. He is not just looking at parking and a police station, he is looking at many other things for the City. He is looking at the potential of a tax base to help with the bonding if bonding is needed. There isstill another RFP out there (the last High Rock RFP) that would need to be rescinded. Commissioner Kim confirmed that they would have to rescind the other High Rock RFP. Commissioner Ivins stated he is fine with a workshop. His concern is the property is worth something and reduction of impact to the tax payers is what he is looking for. Mayor Johnson stated the first step is discussion and everyone talking. There are a lot of issues to deal with in the RFP, parking is one. Time is needed to do this right. He is willing to sit down on these issues. The council set a date to hold a workshop on September 8th right after the public hearing. Discussion and Vote: Amend Chapter 225-77 of the City Code to Add a Stop Sign on Excelsior Spring Drive at Audry Lane and Victoria Lane (08 -162) Commissioner Kim moved and Commissioner Franck seconded for the installation of a stop sign on Excelsior Spring Drive at Audry Lane and Victoria Lane. Traffic expert reviewed the issue again. The reason this is recommended is a total of at least 4,000 vehicles enter this intersection in 8 hr average day. There are 2 blind curves in the roadway that present a potential hazard. There is insufficient intersection sight distance. Several letters have been submitted in support of the installation of the stop sign. The letters were from: Ann Holgate of Victoria Lane, Jeffrey Pollard of Elizabeth Lane, Mark Claverie of Patricia Lane, George Igler of Elizabeth Lane, Derrick Wurl of Victoria Lane, Loretta Brockenbrough of Elizabeth Lane, Neil Hallett of Excelsior Spring Avenue, and Alan Cherubin of Springwood Drive. Ayes – All Discussion and Vote: Amend Chapter 225-77 of the City Code to Add a Stop Sign on Excelsior Avenue at Veteran’s Way, Both Directions (08-163) Commissioner Kim moved and Franck seconded for the installation of a stop sign on Excelsior Avenue at Veteran ’s Way, both directions. Stop sign will be put at intersection in both directions. Ayes – All SUPERVISORS Joanne Yepsen Announcement: Grant-to-You Class will be held this Friday and Saturday. This class provides free training on how to research and write grants for non profit organizations. Three are held per year and are Page 16 of 17 City Council Meeting 9/2/08 co-sponsoring this one with the Saratoga County Arts Council. Thanks to Skidmore College for allowing them to use the computer lab for 10 hr. curriculum. Announcement: Saratoga County Planning Board is holding their land use conference. This is the largest land use conference in the state. It will be held at the City Center on January 28, 2008. In addition to the 16 courses, varying certification levels will be offered to the staff and volunteer members of the DBA and planning boards. This year they are adding a legislative track for elected officials. Update: County Open Space Grants. The City has submitted 2 open space grants to county. There are 10 applications in total for $1. Million and $750k dollars available. 7 farm protection requests and 3 are open space – 2 of the 3 have come from the City. The City should be hearing from county this week if they have any questions. Based upon conversation with the staff, City of Saratoga Springs applications are complete. Matthew Veitch Update: Horse Park Meeting On August 26, 2008, Melkin Consulting looked into the feasibility of a horse park in Saratoga County. Phase 1 of the study is market demand and phase 2 is financial end. The study showed it would be feasible to have one here. Other uses outside of horse use can be made of the park such as shows. There will be an indoor arena that can hold 4-6k, an open air arena, and RV type of sites, 600-1000 stalls, vet, and sales ring. Two sites have been identified in the city, one near Cady Hill off Geyser Road, owned by the Whitney family. The other site is state park land across from the racino on Crescent Ave. The City sites are high on list as this needs to be near facilities (retail) to make it work. Location not yet determined. Update: County Trails Initiative County is putting together a plan for $250K for trails. Will have a trail committee in the county which will determine how to go forward with the program. Money is included in the budget for next year. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes - All. There being no further business, Mayor Johnson adjourned the meeting at 10:15 pm. Respectfully submitted, Lisa Ribis Clerk Approved: Page 17 of 17