City Council

CITY OF SARATOGA SPRINGS SPECIAL CITY COUNCIL MEETING CITY COUNCIL ROOM FRIDAY SEPTEMBER 12, 2008 2:00 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 Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 2:00 p.m. PUBLIC HEARING Mayor Scott Johnson said that the capital program plan spans the years 2009 – 2014 and this is the last public hearing to be held on the plan prior to the city council being asked to vote on the capital program. Mayor Johnson said that the audience consists of familiar faces that have seen the power point, so he posted only the summary on the projector screen and indicated that hard copies of the summary are available for the audience. The summary listed the department, the project title, total and the rank in priority assigned to that project by the Capital Plan Committee. Mayor Scott Johnson opened the public hearing on the proposed Capital Program Plan. Mark Baker, President of the City Center Authority thanked the Council for the opportunity to offer a comment and thanked Commissioner Scirocco and the Department of Public Works for including the Broadway Drainage project in the plan because it is important for City Center expansion. He said that the lack of an approved Capital Budget in 2009 would have a detrimental effect on anticipated projects next year. He urged the City Council to review and approve a capital budget for 2009. Peter Tulin, 40 Sarazen Street thanked the City Council for their work and endeavors on behalf of the City of Saratoga Springs. He said that some of the City Council members are new and although it is City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 exciting to serve the City, it is also a difficult task. He said he is personally disturbed when he read that the capital plan comes with a $43m budget but it is a plan rather than an actual budget. He said that each department advocates for what is important to that department and the committee tries to come together to develop a capital program for the benefit of the City. Peter Tulin asked the City Council to come together on a Public Safety facility and put some money in the 2009 capital budget for that facility, especially in consideration of a comprehensive development of the High Rock area. He said that he empathizes with Commissioner Kim’s frustration that the amount that was approved last year has been removed because currently there are not enough votes for approval. He said that removing all the funds from that line and not having a line in the capital plan for the Public Safety Facility sends the wrong message; potential developers might get the idea that the City is not serious about the project so they will not want to spend the time and money required to properly respond to the new RFP. He recommended that the City Council create a line in the 2009 capital budget for the Public Safety Facility because it is difficult to add a line item to the capital budget once it is approved. Peter Tulin suggested that the City Council add the money already set aside for the design portion of the building into the capital budget to create a line item as seed money. He said he was encouraged by the positive work on the RFP the other night and noted that the project could be generator of revenue and not a financial drain but it can’t be done without a plan. He urged the City Council to consider the creation of a line item within the 2009 capital budget in order to fold the public safety building into the whole plan. Jim Chatfield, 9 Lakeview Road Saratoga Springs wanted to augment some previous comments he has made to the City Council at other meetings because after having spoken with other people, he has discovered that there is a common misconception that the recreation items in the capital budget are perceived as luxury items. He believes those items are essential to the overall well-being of the people of the City of Saratoga Springs and asked the City Council to keep those items in the Capital budget. He said he was enthused by the City Council’s work at the RFP workshop on Monday and he asked the Council to continue forward with that. Theresa Capozzola, 57 Gilbert Road urged the City Council to consider a motion to amend the capital budget to add to the 2009 capital budget a project to add a waterline to give much needed water to the residents of Gilbert Road. She expressed thanks and appreciation for the attention received from the City Council after she came before the City Council last Monday about the problem, including calls from Deputy Commissioner Boxley, Deputy Commissioner Jarosh, and Commissioner Scirocco. She said the project is essential to everyone east of the Northway, especially since the existing lines go under the Northway; the new line would help prevent future problems. She said that improvements like this have been put off too long because originally the line was brought down Gilbert Road and stopped one-quarter mile before these residences because of politics that this current City Council is apparently trying to eliminate. She lauded Commissioner Scirocco’s attempt to remedy the problem as heroic. John Trypaluk, 211 Circular Street asked the City Council to amend the proposed Capital budget to include the public safety building because the present facilities are inadequate and in violation of city and State codes. David Bronner, 5 Royal Henley Court implored the City Council to act affirmatively on this budget but reminded the council that something needs to be done about the Public Safety building. He said he is hopeful about what he has seen recently from the Council, especially regarding the workshop on the RFP to develop the High Rock area which would generate capital and solve the need for a public safety facility. He said the waterfront should be developed because the taxpayers funded over $2m for the parcel a couple of years ago and to develop it would provide access to the lake and enjoyment to the taxpayers and they would finally receive something for their money. He said he is encouraged that the City Council is thinking outside the box to create a public safety facility while simultaneously creating a project that could generate revenue. He asked the City Council to pass the capital budget as proposed. Amejo Amyot, 219 Woodlawn Avenue said she is an advocate for a new police station and it should the number one priority of the City Council. She said that the police should be honored and respected yet it 2 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 appears as if the idea of a new police station has been dismissed, but she is sure this is not the true reflection of the feelings of the City Council members. She said that a citizen’s committee has entertained numerous RFPs and worked long and hard to resolve the need for a public safety facility, and each member is a wealth of information. She said there are legalities that should be addressed and she hopes that the issue is not prolonged four to ten years more; the work of those volunteers should be considered and honored. She mentioned that the members of the Comprehensive Plan Committee also labored diligently for one year and their work was also discounted since that plan was not approved, and she asked the City Council to re-visit the 2007 proposed Comprehensive Plan also. Michael Odunne, 60 Rip Van Lane said that building a public safety facility is the right thing to do and delaying it is shameful. He said that it seems that members of the City Council this year, and more so last year, are not willing to work together. He asked the City Council to take a lesson from the United States Senate whose members work together across the table regardless of party affiliation. He said that it is shameful the way that the City Council is treating Commissioner Kim, and he urged the Council to work together to build a public safety facility because conditions are deplorable and if they do not work together he promises to work to bring each Council member down at the next election. Phil Diamond, 29 Waterview Drive said that there is no doubt that the city needs a new public safety facility but the question is where it should be and how it should be built. Although it should be built as soon as possible, it needs to be properly designed, and planned with projected costs. He said that the need for a public safety facility should not be pitted against the need for a recreation facility because both facilities are necessary. He asked the City Council to pass the 2009 capital budget as proposed. He said it is encouraging that the City Council has started to look at a multi-use public safety facility that generates revenue and is located in a space that functions well for the department and the city and includes all modern conveniences. Janet St. Clair, 13 Concord Drive said she has been a city resident only a short time but is biased because she is close to the police, and it is not just the officers that are being inconvenienced in the existing police station, it is the taxpayers. She said her relative was mugged and interviewed in the hall. She asked the City Council to amend the proposed capital budget to include a line so that a new facility is not put off again; otherwise it would end up costing more. She said that the improvements to the Waterfront and a recreation facility are ok, but the public safety facility should be included. Brandon Winchell, 47 Cliffside Drive said that numbers are important and the numbers on the city and School tax invoices are important. He said that people from other communities and areas are surprised at the amount of taxes in this City, and although the city has great recreational opportunities, they are not fully appreciated. He urges the City Council to include the plans for a recreation facility and the waterfront but to also consider adjusting the capital plan to include a public safety facility as the number one priority. Elizabeth Haner, 27 Gilbert Road asked the City Council to hear the plea for a second waterline on Gilbert Road for the 2009 budget and not delay it until 2010 because it has been delayed and put off too many times in the past and it is also important in case the original line, which is older, fails. She thanked City Council members that have met with the residents and listened to their problems; the job of the Council is a difficult one, and it is hard to listen to the insults and criticism, and she wished the City Council luck in the process. Remigia Foy, 95 Oak Street said she supports the development of the waterfront because there is currently no place within the City that affords the enjoyment of Saratoga Lake, and now is the time to develop this asset. She said that everyone wants an improved public safety facility, but it must be reasonable, affordable, and the issue should be approached prudently. She suggested that the City Council not muddy the issue but make it a Quid Pro Quo. She asked the City Council to move forward with the proposed capital plan. She said it is disconcerting to witness the City Council being rebuked and threatened by those with special interests. She said that the Department of Public Safety comprises a significant portion of the annual budget and not for profits have enjoyed protection from public safety and it is time that they are required to pony up in light of the number of false alarms and the fact that officers are being assaulted by members of the college community. She suggested that Skidmore College pay the department a fee that is long overdue and might offset the cost of protecting college facilities. She said that if there are currently fees or fines for false alarms, the rules should be enforced and the fines collected. Institutions and not-for-profits should not get free passes when they violate the City’s regulations. 3 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 Seeing that no one else wished to speak, Mayor Scott Johnson closed the public hearing at 2:40 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are invited to speak on any topic. Mayor Scott Johnson opened the public comment period. David Bronner, 5 Royal Henley Court said that yesterday was the seventh anniversary of the terrorist attack on our nation and he is concerned that there were no City flags at half staff in honor of the heroes and of the people that perished at 9/11. He said it is the only day urged by presidential directive to have the flag flown at half-staff all day. He said the only flag he noticed was at the post office. He said he is concerned that most flags were at full staff because people were forgetting the terrible attack on our nation. Commissioner Kim noted that the flag at each firehouse was flown at half-staff. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period at 2:43 p.m. EXECUTIVE SESSION Nothing at this time CONSENT AGENDA Nothing at this time MAYOR’S DEPARTMENT Discussion and Vote: Adoption of Proposed Capital Program 2009 – 2014 – 08-164 Mayor Johnson said that the proposed program was focused on the year 2009 in particular and the committee ranked by priority the 22 projects that are recommended for adoption by the City Council listing 1 as the highest priority and 22 as the lowest priority for 2009. He said there are additional projects included for the years 2010 through 2014; however those are simply listed to identify the potential capital needs of the City beyond 2009 with a reasonable projection as to when the City might be able to address those items in the future. It is not to be construed as a recommendation by the committee in any way that the City must actually undertake the remaining projects. He explained that the press has indicated that the committee is recommending $43m in capital projects over the next six years and this is not true. The committee is not committing the city to spend $43m on capital projects in the next six years. Mayor Johnson clarified that the only recommendation before the City Council this afternoon is the projects for 2009 as listed in the power point presentation and on the summary sheet, the 22 projects that collectively total $5.1m (Attachment A) . He does not want the public to misunderstand the role or the intent of the capital committee. He said that the efforts of the Capital Budget Committee are to be respected because it was a hard process given that there were 32 projects requested for 2009 by various departments totaling $23m and the committee was able to pare those down to the 22 presented today, reducing the fiscal request from $23m to $5.1m. Mayor Johnson applauded the efforts of the Capital Budget Committee. Mayor Johnson said that he wanted to clarify for the public that the City Council most recently met jointly as a full Council to address the public safety needs that have been identified and spoken about so often over the last two weeks in particular since the capital program was unveiled. He emphatically stated that the City Council members are not ignoring those needs and the Council is attempting to collectively come to a solution that each and all of the five members can agree upon and that will best serve the needs of the public in a comprehensive manner. 4 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 Mayor Johnson explained that the proposed capital program up for a vote today does not negate or ignore the needs of Public Safety. He said that the program stands on its own as 22 independent projects that should stand or fall on their own and are not in relation to public safety needs that will be soon be addressed by this Council. The expectation is that within a week or two the City Council will be in position to release an RFP to address the Public Safety needs. Mayor Johnson said that no one is ignoring those needs, but the City Council must agree on the best approach that the Council can collectively support in order to gain credibility with the developers so they will respond to the RFP because it is no secret that the City has released RFPs for the facility in 2005 and in 2007 and nothing has been accepted in relation to those proposals. He said it is imperative to retain credibility that the City Council release an RFP that the developers know is supported by the full City Council. Mayor Johnson said that in addition to those that have spoken at the public hearings, all City Council members have received emails regarding specific projects on the list and he wanted to make the public aware of this and thank those that sent the emails for weighing in and being part of the process. Mayor Scott Johnson moved to a dopt the proposed capital program for 2009 – 2014 as submitted. Commissioner Anthony Scirocco seconded the motion for the purpose of discussion. Commissioner Scirocco asked the City Council to consider moving the Gilbert Road Waterline project from 2010 to 2009. He said that there is a $1.3m price on the 2010 proposed project that did not seem to be a realistic figure so he obtained some informal quotes and determined that a more accurate estimate is $700,000 to complete the project. He said there are wet lands there which require boring a pipe underground without disruption of those wetlands. He said that if there was a break in the 30 year-old main under the Northway, there is currently no redundancy in the current system for the city residents on the east side of the Northway. He said the project should be done sooner rather than later because the price of materials and labor will increase and the project will serve to be a means of redundancy for the entire City water system east of the Northway and it will give the people on Gilbert Road the option to tie into the waterline they desperately need. Commissioner Ivins said that his research resulted in the same figure of $700,000 for the project, so that appears to be a fairly solid number and he is interested in this project because it would serve everyone east of the Northway and the residents of Gilbert Road would benefit from the water line. Commissioner Ivins suggested that the City Council should create a special water district for a small portion of the cost and he has spoken with the residents and they seem comfortable with that concept. Commissioner Ivins said that it would be similar to some of the existing water districts in that area and he would be willing to sit down and work out a fair and equitable treatment. He said they can’t expect this group to absorb a large portion of the cost but something can be worked out. He said he would like the creation of a water district to be included in the motion. Mayor Johnson asked what impact a Special Water District would have on the $700,000 and what the cost would be for the property owners on this route. He said that in the past the City has had the water districts established so that equitably the homeowners would pay a portion of the benefit they are receiving. He asked Commissioner Scirocco if he had an idea of the breakdown in cost contributions and Commissioner Scirocco responded that he did not know, but the residents want to tie into the line and there is already a three-thousand dollar connection fee. He said that if a Special Assessment District was created for Gilbert Road, it should be created for the entire east side of the Northway because those residents would also benefit from the line. Commissioner Scirocco said that the project is being reduced by half the originally projected cost and the $3,000 connection fee and the money the City will collect from the residents for water usage already off-sets some of the expense so to burden ten people with a cost of $700,000 would be unfair, but he is willing to consider another equitable solution. Commissioner Kim asked whether Commissioner Scirocco’s addition to the motion on the table could be considered a friendly amendment or would it require a second and vote separately. Assistant City Attorney Tony Izzo said that the City Council could vote on the motion without the amendment, with the amendment or they could disapprove the motion. The threshold of the question is whether or not to 5 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 add this additional item to what is already on the table and the methodology used to do that is through a motion, a second and a vote to add the item or not. Commissioner Ivins said that this amendment is to the main motion and the Mayor could accept it as a friendly amendment and whoever seconded the motion would have to accept the amendment in order to amend the motion unless someone objected to the amendment then the Mayor could request a vote on that amendment. An amendment, if accepted changes the motion; multiple amendments can be made on the same motion but when the final vote is taken, it is now a vote on a new motion that incorporates those amendments. Commissioner Scirocco said that the amendment would include $700,000 for the Gilbert Road waterline and to push it up to 2009 instead of 2010, adjusting the figures from 2010. Mayor Johnson said he is not opposed to the Gilbert Road proposal but he is concerned about not knowing the cost to the City for proper inclusion into the capital program. He said that until the cost of the special water district is nailed down, he is uncertain how the project figure should be included to make sense to the capital program. He thought it was being discussed to get some indication how much the home owners were willing or able to contribute toward the cost of the project if the City Council commits this to the capital budget. Commissioner Ivins responded that the actual bonding of the $700,000 is approximately $55,000 to $60,000 in the early years dropping down to half that as it gets closer to the thirty year mark. He said the neighbors in some of the nearby water districts are paying approximately $350 per year per person. He said that if the City Council does something similar, the residents would be paying a total of around $3,150 to start with and that amount would decrease in the future. Commissioner Scirocco said that the numbers are not required now, but the $700,000 should be included and it can be decided later whether to put together a special assessment district or not. He said that if the pipe broke tomorrow, the City Council would have to approve an emergency allocation of funding, so we should include the project at $700,000 and worry about the logistics later. Commissioner Ivins said that when he includes the capital budget into the comprehensive budget, all the numbers and their sources must be included. He said that this will have to be done when the comprehensive budget is brought forth in about three weeks. Commissioner Franck said that the City Council must do this from a procedural standpoint, but it is not going to make a significant difference because there are only nine houses. Mayor Johnson asked Commissioner Scirocco if he would be willing to move a project from the 22 ranked 2009 projects out of the capital plan or into another year to accommodate the inclusion of Gilbert Road Project into 2009. Commissioner Scirocco said that he is not comfortable pulling anything out of the 2009 list; and the item was in the capital plan for 2010, and there is good chance that some of the projects might not be done next year so they would be pushed into another year. Commissioner Franck said that the taxpayers would still be paying tax on the adopted 2009 capital project numbers. Mayor Johnson suggested moving item number 11, city building repairs and upgrades for $300,000 - a miscellaneous category for all the repairs needed for all the city-owned buildings in the City, to 2010. He said that committee raised the amount from $200,000 to $300,000 so the amount could be eliminated entirely or lowered back to $200,000 and left in 2009. Commissioner Scirocco said he would consider that and the $750,000 for a generator is not a reasonable number. He said that a lot of the numbers on the projects are estimates and it is tough to state whether there will be enough money for certain projects, and many of the projects are overdue so removing them is not an option; if something happens he would have to come back to the City Council for emergency funds. Commissioner Franck said that with the generator there is the potential of some grant money. He does not know whether a few numbers can be reduced to make the plan more palatable in order to pass the capital 6 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 budget. He asked Marilyn Rivers, the City’s Risk and Safety Manager to the microphone and asked her what types of grants are potentially available. Marilyn Rivers said that in the past Public Works has applied to Congresswoman Gillibrand’s office for assistance, and there is also federal funding potential because the generator and the water treatment plant falls under the homeland security act with regards to the health and safety of the community. She said there is also the potential of working with public safety, particularly the police department through some of the city’s grants writers to secure funding based on completed contractual work. She said that the City’s water treatment plant is listed in the City’s Emergency Management Plan which avails itself to grant possibilities. She said that Supervisor Veitch has been working with the County on some additional funding mechanisms, is now attending the City’s Safety Committee meetings and has been instrumental in opening up avenues of possibilities that were not realized before. Commissioner Franck said that in the major storm of February of 2006 there was no heat and pipes were frozen but the biggest concern was that the City was going to lose its water, and there was only about one day of water left when the situation improved, so the generator should not be removed from the list although there might be some flexibility in the amount requested. Commissioner Scirocco said that the Geyser Crest Well System should remain in 2009 because there are pumps that continuously run out there and the project will include a tank to enable the pumps to be stopped occasionally. Mayor Johnson asked whether the project ranked number 17, the Compost Facility expansion, could be moved out of 2009 all together. Commissioner Scirocco agreed that the Compost facility project could be removed completely from 2009. Mayor Johnson said that that would remove $325,000 from the Department of Public Works 2009 capital projects, which would reduce by half the cost impact of moving the Gilbert Road waterline from 2010 to 2009. Commissioner Franck asked about the plan for the generator. Commissioner Scirocco said he would move on the project as soon as possible in 2009. Commissioner Franck said that if the generator project could be reduced to $500,000 potentially, and if the city does not get grants, and the project costs more, a capital budget amendment would have to be requested. Commissioner Scirocco said that many of the figures are estimates and it is not a concise science. Commissioner Franck reminded the Council that what ever numbers the Council arrives at would affect city taxes. Bill McTygue, Director of Public Works said that it is important to remember that anything related to water is paid for out of the water budget unless the Department of Finance would agree to put the water-related projects in the overall capital fund supported by property tax revenue. He said that water and sewer type construction is paid for out of the water and sewer budget. He said that the water budget is supported by water rate fees. Commissioner Ivins said that the water-related projects are being funded out of the water extension fees so when a new hookup is paid for, part of the fee goes into a special fund that has restrictions on how it can be used, and that fund currently stands at about $400,000 and approximately $100,000 in debt comes out of the fund every year and the income on that fund has been anywhere from $ 70,000 to $200,000. He said that the figures do fit here and will go here so it is not going to impact taxes now, but caution should be used not to over extend. Commissioner Kim said that the debt service comes out of the water extension fee fund. Bill McTygue agreed that there is a line for debt service that is funded by the water extension fees. Commissioner Kim said that the City still bonds the money to do the project, but the money comes out of the water connection fee. Bill McTygue said that the Finance Department would have to clarify whether or not other water-related projects that are on the spreadsheet, including the water treatment plant generator, the Geyser Crest well system improvements as well as the infrastructure improvement and replacement projects. 7 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 Commissioner Ivins said they been examining everything and he has three weeks before the comprehensive budget is brought before the City Council. Bill McTygue clarified that the water budget and the sewer budget are now in draft form and based on what the City Council decides those budgets are minus the debt service payments. Commissioner Ivins asked for clarification on what has been accepted as a friendly amendment. Mayor Scott Johnson said he would accept as a friendly amendment the addition of the water line for Gilbert Road in the sum of $700,000 and the modification of two items currently on the proposed capital budget for 2009, #11 cities buildings Repairs and Upgrades being reduced from $300,000 to $200,000 and #17, the compost facility expansion in the amount of $225,000 being removed from 2009 and placed into 2010. Commissioner Scirocco agreed to accept those changes. The city council agreed to vote on the motion with the amendment. Mayor Scott Johnson called for a vote on the proposed capital budget program with the amendment as noted. Ayes: 2 (Mayor Johnson and Commissioner Scirocco) Nays: 3 (Commissioners Franck, Ivins and Kim) Mayor Johnson requested a roll call vote: Commissioner Franck Nay Commissioner Ivins Nay Commissioner Scirocco Aye Commissioner Kim Nay Mayor Johnson Aye Motion fail ed 3-2. Mayor Johnson said he is not leaving Council chambers today without a capital program in place so the Council will keep talking until they arrive at a consensus because the City Council has an obligation to the citizens of Saratoga Springs to act in accordance with the City Charter that requires the City Council to adopt a capital budget program. He said he is willing to modify certain items included in the list for 2009 that might be considered more controversial in order to pass a capital budget. He said he would like to have some discussion among the Council regarding items on the list that are viewed as an obstacle toward accepting the capital program as already proposed. Commissioner Ivins said that he is not comfortable with the waterfront portion of the capital plan although it is worthwhile; but this might not be the time for that project. He said that there is an RFP for the police station and he is comfortable with the portion that does not show the police station because he knows the City Council will be revising this based on that RFP and at that point he would be willing to revisit the waterfront project as well. He said that, based on his understanding of the Charter, amendments to the comprehensive budget and the capital budget only require a 3/5 simple majority vote until the entire budget is adopted. However, once adopted, changes require a 4/5 vote and a 4/5 vote is also required to bond a project. Any decisions made today can be changed by a simple majority vote until the entire comprehensive budget is approved in November, and if the capital program is not accepted by the City Council then the Finance Department’s proposal is accepted. Mayor Johnson said that the City Council has the power to adopt a capital program and once adopted, it becomes the capital budget portion of the comprehensive budget for 2009. He said that in absence of the City Council adopting a capital program, the question remains what the Finance Commissioner can pick and choose to remain in the capital budget portion of the comprehensive budget. Mayor Johnson read section 3.1.4 of the City Charter as follows: “The Council shall adopt a six-year capital program annually after its review and revision. Two public hearings shall be held prior to final adoption by the Council. No Capital project shall be authorized or undertaken unless it is 8 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 included in the Capital Program adopted by the Council. A capital project may be added to or deleted from the Capital Program any time by affirmative vote of 4/5 of the Council, only after public hearing and publication of Information supporting the requested action.” Mayor Johnson said that procedurally the Charter does envision the Council to adopt some type of six-year Capital Program, but the recommendations of the capital committee do not go beyond 2009 in terms of committing the City, the impact on the budget and the City’s long term debt limit. It is important that the City Council agree on some type of Capital Program before the September 15 deadline set by the City Charter. He is hoping that the City Council members are willing to modify the proposed capital program to come to a point where they can all agree to embrace a plan. Commissioner Franck said the problem he has with the budget is because he looks at the waterfront redevelopment differently than the Recreation Center because it was bought with open space money and open space money is just for open space. He said the waterfront should be developed; it is a great bang for the buck, but if it is not developed right away it is not wasted interest because some open space purchases were done just to preserve the trees. He said that the thought process is to develop this property but it is one quarter of this proposed budget and he asked his deputy who served on the capital budget committee to vote against it because there was not line item for the Police Station. He said he does not want to throw $8m on a line item here but even if the property is worth $10m to a developer, there should be a line item for the police station because we know it is going to cost more than $10m, so potentially there will be some type of cost especially if the court house is included. Commissioner Franck said that the RFP is going to be better than others but even if it fails and there are no responses, the Council can go back to the other plan. He said that former City Attorney Peter Tulin made a good argument to include a line item in the Capital Budget for the Police Station because it would make it easier to amend the number up or down and it would give us the ability to keep the waterfront. He said the bottom line is that he wants to keep the taxes as low as possible so he can’t support the capital budget brought forth unless either the waterfront goes out or there is at least some type of line item for the police station. Commissioner Ivins asked Commissioner Franck if he had a figure in mind and Commissioner Franck said he did not, but it would have to be in the range of $4m to $5m because that is where we will end up although it doubles the number for the capital budget; $8m was in last year and then it was voted out. He said he does not know what the number will be but it is his expectation that if the responses to the RFP do not come back properly, a number would have to be put in any way so it makes sense to create a line item now. Commissioner Kim said that they are doing the RFP on the Police Station to get creative financing, so why not do the same for the waterfront because this is an area where developers could come in with ideas for a revenue stream. He said that if the City is trying to do creative financing and not put all the bonding on the capital budget, coming up with creative financing for the waterfront is more appropriate than to fund the project with capital funds. He said there is currently $200,000 left over from last year’s capital budget that could be put toward additional development of the waterfront parcel. He said that we are living in uncertain economic times and to commit that amount of money to the waterfront, given the City’s other needs including that of a public safety facility, seems to be less than prudent. Commissioner Kim said there is some money available and the city can explore creative financing, so he can’t approve a capital budget with the waterfront project line in it as proposed. Mayor Johnson said the creative financing for the waterfront is different than the need for financing for the public safety facility primarily because the waterfront property was purchased with open space bond money and the trade-off and creative financing that the Council is looking to do for the Public Safety Facility need behind City Hall with mixed use development of the entire area depends heavily on the City kicking back, in contribution, the value of city-owned land to private developers whether it is an ownership issue or management. He said the Public Safety issue is very different from land purchased with open space bonds that the City can not give back land purchased with open space funding to private ownership; and there may also be alienation issues regarding the waterfront parcel that further prohibit private involvement in terms of development that would be more cost effective for the City. The revenue potential for the waterfront remains to be seen but could be realized because there could be uses of that parcel that would generate revenue for the 9 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 City but there are big differences to consider when comparing what the Council is trying to do in the lot behind City Hall and what can be done at the Waterfront. Mayor Johnson said that it is correct that there is $200,000 available from prior budgets for the waterfront but it is not enough money to allow the City to open up the lower portion of the park and mitigate the safety issues that currently exist there. He said that the waterfront parcel must be properly developed to be safe and not be a liability to the City. There are safety issues; the condition of the waterline must be addressed to allow public access to the water. He said that if the money was used as suggested, the lower level could be open to vehicle traffic but the water line itself would have to be barricaded to any public access by non-motorized boat, swimming because the present conditions are too dangerous and too much of a liability to the City and to fix it requires more money. Commissioner Kim said he was talking about coming up with creative financing in a different aspect than for the Public Safety Facility but financing that is not bonding, some way to try to explore other options. He said he would like to see the documents that say it is absolutely prohibited to involve a private developer. He suggested that the development of the waterfront property be done one step at a time, and if the waterfront must be barricaded for now as a prudent fiscal measure to ease into the full development of the parcel, the public would understand because it was already said at the public hearing that there has been no public access to the lake for thirty years so waiting a year or two longer might necessary and this is what he has been telling his officers about the public safety facility. Mayor Johnson said that the public has been paying interest on the $2.5m purchase price of the Waterfront parcel for two and a half years now without realizing a public benefit from this parcel because it has been closed to the public other than a few picnic tables. He said he has focused on this because open space was a big item on most of the Council members platforms for the public benefit and the quality of life in the City and what is more in line for open space than to develop a piece of waterfront that has been completely inaccessible to the public except for picnic tables on the top level. He said there is a difference when the taxpayers are already paying and have been for two and half years for something that has not been used. Commissioner Kim agreed that taxpayers are currently paying for the acquisition of the waterfront and the use is not maximized but some are using the property. He said the public is also paying interest cost for bonds floated on the design for a public safety facility under the 2007 budget so there seems to be no distinction since taxpayers are not going to get the use of the design contract because the City is not following the plan established three years ago so we are going to pay interest on those bonds so there is no distinction here. Commissioner Ivins said he likes Commissioner Franck’s idea of the line item but it would be like pulling a number out of the air and once it is in the capital budget, the City must collect taxes to pay for it. He said that if this goes in, he is going to proceed carefully before committing the money because he does not want to box the City into a corner like they are with the Recreation Center; he wants to see all the costs whether it be for the waterfront parcel or the public safety facility. He said that Commissioner Kim is still working on the costs and some of the things are going to be applicable no matter what happens so he is comfortable with that coming back in, but he still wants to go through the SEQR process because there is no sense in bonding money if it is not known whether it would be a negative impact on the environment at that location and the facility must be built elsewhere. He said that in addition, there are several land use boards that must weigh in on this particular project , so he will not be comfortable bonding the project until all of the questions are answered, which can hopefully be done soon. He said that bonding is based upon the advice from bond counsel that the City hires; professional experienced people that make their recommendations based on the market and the economy. Commissioner Ivins said that he not comfortable about the budget requests from the various departments, and there will have to be serious cuts made because the residents can not afford a large property tax increase because they just received a school bill of 4% and he wants to come in below that. He warned the Council that there will be some serious reductions to the proposed department budgets. He said that the Mayor came in under what was proposed last year for 2008. Commissioner Ivins said that the problem is that we do not know where the employee contracts are going to come in; health insurance costs are expected to increase any where from 9% to 15% and it is not yet known 10 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 whether the employee unions are willing to work with the City to offset some of those costs, there are many unknown cost factors that the City must put funds into contingency to help with. Commissioner Ivins said he likes the idea of the line item because it makes a real commitment to the Police Station and with that commitment he is willing to go forward on the waterfront project also. Commissioner Kim said that he appreciates the direction of this, but he also agrees that there are many unknown factors and while the Charter recommends passing a capital budget, it does not mandate a capital program. He said that the alternative might be to defer it to a later date, when the RFP responses are received and there is an idea of the amount of the potential buy-in from the City. He said that the Public Station facility is not going to be free, but in the past the RFP responses were all more than the current plan, so he advocates putting the decisions off because the number of unknown factors indicate that the city would only be guessing at the numbers and that is not helpful to the Council or the public. He said that if the Council put $5m on a line for the public safety facility in the 2009 capital plan, he is concerned that the impression will evolve that the station can be built for that amount; the Council falsely assumed that the $8m put into the capital budget last year was a real number, and he is reluctant to put forth a number on a line item when there is no information to substantiate that number. Commissioner Franck said that if we can add the number in, it can be removed by November 30. The facility can’t be built for $5m or $8m, but by putting the line item with a number now, it would substantiate the intent. He said that the first RFP was not specific to the police station, but this new RFP is considerably different because it includes items not listed in the other two and it specifically states in that we are going to have a police station with courts. He said that whatever property taxes are realized will be new property taxes and should be earmarked toward the project cost. Commissioner Franck said his personal plan is to rescind the latest RFP Tuesday and send the new one out on Wednesday with 60-days to respond, which would bring them in around the 14th or 15th, in time for a presentation around November 17th or 18th and if none of the responses come in as desired, the Council could re-address the situation. The taxpayer might take a hit up front, but property tax revenue would hopefully cover the principle and interest in the future years to offset it. We can always bond more in the future, establishing a modest line item even without the numbers at this time is acceptable because we have until November 30 to change the numbers. Commissioner Franck said that he is willing to insert a modest line item for the Police Station and then go forward with the water front re-development. He said that most likely the city would not be paying principle and interest on the bond until the project is complete, so the number could be lower than $5m because even if construction began on January 1, 2009, there is no way that much money would be spent in that year so why burden the taxpayer with interest on more money than needed. He suggested a modest line item of $3m to $4m and the Council would have until November 30 to change it because the budget is not going to be agreed upon quickly. He explained that the Council is able to meet as frequently as necessary the closer it gets to the budget deadline as long as legal notices are done properly. Commissioner Kim said he is concerned that the City Council would be putting an unknown number on a line and moving forward with the other projects such as the waterfront. He said that if is determined that the public safety facility amount is higher than anticipated, he is not sure that the work on the waterfront should still be completed, so the facility should probably be put off; it is clear that if the Council can’t agree on a capital budget there is another solution offered by the Charter. Commissioner Franck said that if the amount comes in three times the line item, that amount would not all be spent in the first year, so to bond the full amount up front would not make sense. Commissioner Kim said that if the amount is larger, the projects in the plan for 2009 would already be bonded and it would put a burden on the taxpayers. He said that if the Council is adhering to the principle that the public station facility is the top priority, the Council should wait on the whole plan. Commissioner Franck said that he would like to put a line item into the Capital Plan for $3m for the Police Station project. Commissioner Ivins said that he agreed with that action. 11 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 Commissioner Scirocco said that something is better than nothing, and it would be a starting point, although he shares the concerns of Commissioner Kim, it is a place where the City Council can begin to come to a consensus. He asked Mayor Johnson to consider doing the waterfront project in phases to reduce the $1.3m figure, perhaps to $500,000 on that line in 2009 and pushing the rest of the project out to other years. He said that the work would probably not be completed in one year, and reducing the amount would allow the taxpayers to be taxed only on what was completed and spent in 2009. Commissioner Scirocco added that he supports the addition in the capital budget of a line item of $3m for the Public Safety facility. Mayor Johnson said that he met with the landscape architects regarding the waterfront in anticipation of needing an alternative plan in order to pass a capital program, and they agreed that it is expected there would still be the ability to have significant use of the waterfront parcel if the amount was reduced to $700,000 in 2009, but an amount less than that would prohibit the ability to open the lowest and most important level of the parcel. Commissioner Kim asked if the number was scaled down as a trade-off and Mayor Johnson said it would be. Commissioner Franck said that if $3m was placed on a line for the police station and $630,000 was removed from the waterfront project line, he would agree. He clarified that adding a new line for the Public Safety facility in the amount of $3m and moving it up to priority one would strengthen the RFP; it shows that funds are committed to the project. Commissioner Franck said that any line item amount could be changed with a 3/5 vote prior to the adoption of the comprehensive budget. Mayor Johnson said that the changes would increase the current proposed 2009 capital budget about $2.7m. Commissioner Franck said that would bring the total capital budget of 23 projects close to $8m which is the amount of one line, one project of last year’s capital budget. Mayor Johnson said it is important to recognize that aside from the waterfront and police station, there are 21 capital projects that can each be argued for on their own merits, so to throw the whole plan out because the Council could not agree on two items would be a disservice to the public. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the proposed capital program for 2009 with the following revisions : 1) To add line item in the amount of $3m toward the de velopment and construction of a public safety building. 2) To revise the amount for the waterfront property re-development from $1.3m to $700,000. 3) To add a line to the 2009 Capital Program for the Gilbert Road waterline project in the amount of $700,000. 4) To delete item #17, the Compost Facility Expansion, listed at $225,000. 5) To reduce item #11, City Buildings and facilities repairs and upgrades from $300,000 to $200,000. Commissioner Kim said he can support this motion with the understanding that no one expects to build a police station or public safety facility for $3m and that the City Council would work together and agree that if more money is required for 2009, that number would be amended. The Council collectively agreed with that understanding. Commissioner Ivins commended the City Council and said that this is the way that the public wants the City Council to work; the issues have been discussed and worked out in a good business-like manner. He re- emphasized that he is supporting this because it achieves what has to be done, but the general fund budget expenditures will be affected in 2009 because we need a reasonable tax rate. He said that next week they would be changing proposed budgets because belts must be tightened next year, however progress is being made and the Council is solving real solid issues in the community but the taxpayers can’t afford everything given today’s economic situation. The Council has set priorities and now the lesser priorities should be removed from the table. Ayes all. 12 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 Mayor Johnson announced that the motion to approve the Capital Program as amended passes unanimously. ACCOUNTS DEPARTMENT Nothing at this time FINANCE DEPARTMENT Nothing at this time DEPARTMENT OF PUBLIC WORKS Nothing at this time DEPARTMENT OF PUBLIC SAFETY Nothing at this time SUPERVISORS Joanne Yepsen Nothing at this time Matthew Veitch Nothing at this time ADJOURNMENT Mayor Scott Johnson moved and Commissioner John Franck seconded to adjourn the meeting . Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 3:55 pm. Respectfully submitted, Nancy Wagner Clerk Approved: Attachment A: 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 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 13 of 14 City of Saratoga Springs Minutes of Special City Council Meeting Friday, September 12, 2008 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 14 of 14