City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 7, 2009 7:00 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney ABSCENT: Patrick Design, Deputy Commissioner, DPW 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 Citizen Advisory Committee Recommendations for 2009 Entitlement Action Plan Mayor Johnson opened the public comment period at 6:51p.m. No one spoke. Mayor Johnson closed the public hearing. Street Acceptance – David Lane Mayor Johnson opened the public comment period at 6:52 p.m. No one spoke. Mayor Johnson closed the public hearing. Saratoga Hospital PUD Amendment Mayor Johnson opened the public comment period at 6:55 p.m. No one spoke. Mayor Johnson kept the public hearing open for the public to respond after they hear the presentation. City Council Meeting 4/07/09 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. Andy Brindisi, DBA President, came to speak about the expansion of the City Center. At the board of directors meeting this morning they came up with the understanding to tweak it but don’t delay it. Without the City Center, in his opinion, 80% of the businesses downtown would be out of business. We need this project and need it quick. With the AMD project going on in Malta, if this project is delayed, we could be fighting for resources of construction workers. Roger Goldsmith of 10 Poe Road asked the City Council to seek public comment regarding the City Center in a speedy manner so that this project doesn’t get delayed and possibly eliminated. John Goldberg of 66 Sarazen Street is here representing the City Center Board and the Public Safety Committee. A lot of work has been done on the High Rock lots over the past several years and nothing has happened. There are now 2 projects that are going to spur the economic development of this City. He urged the Council to amalgamate the City Center development with the High Rock development. It will produce enormous revenues for the City. If you don’t do it this time, the City is doomed. Kyle York of 59 Railroad Place stated the issue of the High Rock lot and the parking issue will be coming before the Council tonight. It seems like the issue will be about making the parking garages paid for and perhaps a new one paid for. If that is the way it goes, that runs counter to every piece of expert advice and industry wisdom that is out there. People are going to try to avoid paying and will end up on Broadway and there will be gridlock. The north/south streets have to have some kind of paid parking. Among the studies and factual things known about this industry is a healthy downtown will have 15% empty spaces to park. If there is less than 15%, the area is so clogged you won’t get the turn over that drives the business. There has to be some payment spots on Broadway. We need the City Center expansion and the parking to go with it. Mark Baker, President of the City Center Authority stated this is the 25th anniversary of the City Center. He appreciates the support they have received in the media. There has been positive support and concerns. The City Center Authority has voluntarily asked the Mayor to put this on his agenda tonight. They support the City Council having oversight of the City Center and the potential of the land use boards dealing with it. There are 2 issues/concerns that have been registered. One is the design and the other is the process. They look forward to the dialogue with the City Council and the Design Review Commission (DRC). The timing is important. Street work will start within the next week for the stormwater resolution. Jeff Clark of 480 Broadway echoed Andy Brindisi’s comments regarding the City Center. They would like to see it proceed as it is vital to the economic status of the downtown businesses. They would like to see more discussion on paid parking. Charles Wait of 658 North Broadway congratulated the City Center on their 25th Anniversary. He is hesitant to criticize the work of a volunteer board; however, he was disappointed with the design of the City Center. He is glad they are willing to submit the design to the DRC. He hopes this is a sincere effort to discuss the redesign. It is important that we have a building we are proud of. Presentation – 2010 Census Complete Count Initiative Page 2 of 23 City Council Meeting 4/07/09 Anita Styczynski with the US Census Bureau attended to present to the Council. She is talking to various leaders to set up a partnership for the census that is coming up in 2010. They will be looking at the basic data. Over $300 billion in federal funds is distributed to state and local communities based upon census data. She is asking for a reciprocal partnership agreement to work together. They will be providing technical support to the communities. Ms. Styczynski provided information to the Council regarding the census. Mayor Johnson confirmed when the count starts. Ms. Styczynski stated operations start this month. People will be on the street starting this week with hand held computers verifying addresses. The people have identification. At a regional level, letters have been sent to police chiefs advising these people will be on the streets. The actual census forms will be sent out March 2010 to be responded by April 2010. Mayor Johnson asked what public awareness steps are taken. Ms. Styczynski stated they have done posters and have a national media campaign. Some local communities have held press conferences. Presentation - High Rock Proposal Commissioner Kim introduced Larry Britt, a committee member. He is a member of the. Mr. Britt stated he was a member of the Public Safety Capital Construction Committee. He introduced the other members of the committee; Lew Benton, Ed Amyot, Harry Bucciferro, John Betor, Bob Cogan, John Goldberg, Chris Cole, John Krause, and Chief Moore. Mr. Britt stated the committee recommends BBL Construction/Bonacio Construction as the preferred developer of the High Rock Parking Lot project. One reason is that there will be an immediate infusion of $4.5 million dollars into the city coffers. The proposal requires no outlay of City funds and will eventually result in positive cash flow for the City. This proposal will meet the needs of the public safety building and make it a modern building and meet the demands of the courtroom. It does not required paid parking on any City streets, it will not increase taxes, will not require bonding, it will provide additional parking resources for downtown employees, visitors and tourists, and it is a complete project including mixed use. If we act now, we can participate in the federal stimulus money for shovel ready projects. There are 4 essential parts to this: it will provide a modern secure police station with leaseback to the City, build a parking garage with over 900 parking spaces for lease to the City, implement paid parking in all city parking garages including Woodlawn, Putnam, and new lot, and mixed commercial development. Commissioner Kim stated going with this proposal will immediately infuse $4.5 million into the City coffers. A chart showing the positive net flow was handed out to the Council and the public. There is no paid parking on any City street, which was a concern of the Downtown Business Association. This project will not increase City taxes, it will provide additional parking resources, and it will turn into downtown economic development. This project will increase tax revenues from the commercial endeavors. If this project is moved on quickly, the City may be able to take advantage of the stimulus money being offered by the government. The lot is currently underutilized. We are in trouble – we have huge holes that need to be filled. It is one-time revenue, but it is revenue and it will buy us the time to develop alternative sources. For once, we are getting something that answers what we need and want; public safety building, parking, and commercial development. It is time to build the parking garage for the City Center. The annual garage paid parking revenue is estimated to be $2.1 million. We will be able to take the $1.1 million that has bonded for the design for a new police station and divert it to other uses. The most important thing is it will provide a modern, secure police facility. Presentation – Improvement Project – Barton & Loguidice – Geyser Crest Wellfield Commissioner Scirocco introduced Rich Straut of Barton & Loguidice. Page 3 of 23 City Council Meeting 4/07/09 Rich Straut advised the Geyser Crest Wellfield is a significant asset of the City’s drinking water system. There have been some issues in the past year of so that they have been helping the City address. It is a major part of the City’s supply source. The wellfield has 7 wells and is capable of pumping 187 million gallons of water per day. Currently 4 wells are not capable of being used. This past November, the Department of Health inspected the well site and noted several things that needed to be addressed. The biggest issue being that 4 out of the 7 wells are incapable of being used; one of the well pumps has met its lifespan. Three of the smaller wells can’t be used because the storage tank they are hooked to has sprung a leak and had to be shut down. A significant part of the mechanical pumping systems are down and need to be retrofitted. The disinfection of the water has been determined insufficient by the health department. The water is disinfected by liquid chlorine; but what is missing is enough time where the water is in contact with the liquid chlorine before it reaches the residents. The Department of Health has given the City until December 1, 2009 to correct that or all of the people who use the water supply will have to be on a continuous boil water notice. Barton & Loguidice helped the City earlier this year to secure a grant from NYSERDA to begin the engineering analysis on that. The last upgrade was over 20 years ago. NYSERDA’s interest is these wells it to be more energy efficient. The plan includes fixing the disinfection system; this will have to be a fast track fix to be done by December 1st to prevent a boil water situation. The project cost is $770,000 for the upgrade; the City had budget approximately $550,000 prior to the report being done. Commissioner Franck asked what areas the wellfields cover. Rich stated the water covers all of Geyser Crest; they use about 260,000 gallons per day. Another 400,000 gallons per day comes back into the City system. Presentation – Saratoga Hospital PUD Amendment Stephanie Ferradino of Jones Ferradino presented. In 2003 the Planned Development Unit (PUD) that was made was significant. They added acreage to the campus to accommodate the radiation oncology center and the emergency room. This amendment is less complex and the changes far fewer than in 2003. The current amendments are intended to add 2 properties to the PUD. One property at 238 Church Street is currently owned by the hospital. The second property is 35 Myrtle Street, which is currently a doctor’s office; they will be using this parcel for parking. The property at 238 Church Street will be used as a respite for the doctors who are on call. The hospital signage is not intended to change, so they are looking for administrative review for a similar sign. Commissioner Kim asked if there are standards of what will be referred for administrative review. Stephanie advised there approvals that have already been granted. If the sign doesn’t fall within that approval, the sign will have to go through the normal process, where you start at zoning and go through design review. They are asking that the Council take action under SEQRA. Commissioner Ivins asked what has been addressed regarding ground water by taking an existing structure and turning it into more parking. Stephanie advised they are increasing the pervious surfaces so that the amount of green space located within that lot is increased. It is sufficient to handle the runoff. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Scirocco seconded to move to executive session regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. Ayes – ALL Page 4 of 23 City Council Meeting 4/07/09 Upon return to the regular City Council meeting, Mayor Johnson reported the Council did vote unanimously to extend the 2008 contract with the school district for the maintenance and repair of the east and west side fields pending negotiations to reach a 2009 agreement. It is a 30 day agreement. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 3/17/09 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Capital Budget Transfer 5. Approve Payroll 3/20/09 $398,347.37 6. Approve Payroll 3/27/09 $406,079.43 7. Approve Payroll 4/3/09 $414,509.51 8. Approve Warrant 2009 Mid MC1APR09 $532,106.28 9. Approve Warrant 2009 Mid MC2MAR09 $3,079.942.54 10. Approve Warrant 2009 Regular 1APR09 $439,269.87 11. Award of Bid: Fertilizer to John Deere Landscapes for Various Prices 12. Award of Bid: Household Hazardous Waste Day Collection & Disposal Services to MXI Environmental not to exceed $43,000 13. Award of Bid: Material Trommel Screen Rental to Rock and Recycling Solutions for $13,485 for one month 14. Award of Bid: Printed T-Shirts to Multi-Image Corp. for various prices 15. Extension of Bid for EMT Supplies to Moore Medical for various prices Ayes - All Mayor’s Department Discussion and Vote: Co-Sponsored 2009 Baseball Clinic (09-81) Mayor Johnson moved and Commissioner Ivins seconded to approve agreement as explained. Kathy Lanfear of the Recreation Department stated the 2009 baseball clinic proposal is the same proposal as last year. The City of Saratoga Springs and the Saratoga Phillies co-sponsored program for the baseball clinic with the following exceptions: the staffing will be done by the Saratoga Phillies and in lieu of paying them outright, the 50/50 split of revenue will be used as a credit towards field usage. Anything that is over and above the actual credit will be paid out at the end of the season. Ayes – All Discussion and Vote: Use of Saratoga Gaming and Raceway’s Soccer Fields (09-82) Mayor Johnson moved and Commissioner Ivins seconded to approve signing a contract with Saratoga Gaming and Raceway for the use of the soccer fields. Kathy Lanfear of the Recreation Department explained the Saratoga Gaming and Raceway has been given permission to utilize the fields behind the Lodge Restaurant for their soccer program. The 2009 soccer program will utilize the space Monday through Thursday and Saturdays. During the Saturday block-out dates, the City of Saratoga Springs will be allowed to use the fields on Sunday of that week. The City of Saratoga Springs will provide Saratoga Gaming and Raceway a certificate of insurance for the use of the fields. Page 5 of 23 City Council Meeting 4/07/09 Ayes - All Discussion and Vote: Approval for the Mayor to sign the Saratoga Springs City Enlarge School District Transportation agreement for Camp Saradac and Playground Programs (09-83) Mayor Johnson moved and Commissioner Ivins seconded to approve signing a contract with Saratoga Springs City Enlarge School District Transportation for Camp Saradac and Playground Programs. Kathy Lanfear of the Recreation Department announced this is an annual agreement. These buses transport the campers and staff to various locations throughout the camp season. Vehicle rental is the same as 2008 and the mileage is $.65 per mile; which is the same as 2008. Ayes – All Discussion and Vote: 2009 Camp Saradac and Playground Fees (09-84) Mayor Johnson moved and Commissioner Ivins seconded to approve the 2009 Camp Saradac and Playground fees as described. Kathy Lanfear advised this item is being brought back to the City Council per the request of the Council at the last City Council Meeting. Linda Terricola was asked to review the fees at the last Council meeting. The recommendation is to leave the fees for 2009 as the 2008 adopted fees. Mayor Johnson asked if this was due to the economic climate. Kathy advised that was true. Ayes - All Discussion and Vote: Approval of Community Development Block Grant Recommendations (09-85) Mayor Johnson moved and Commissioner Scirocco seconded to approve the Community Development Block Grant recommendations . Mayor Johnson stated this was proposed approximately 1 month ago and public hearings were held. Commissioner Kim recused himself because he is on the Board of the Legal Aid Society. Commissioner Franck recused himself as he is the treasurer for the Literacy of Northeastern New York. Commissioner Ivins stated for the record he does volunteer work as a computer expert for Rebuilding Saratoga, but he is not on the board, therefore will be voting. Mayor Johnson confirmed that Commissioner Ivins was not involved with the selection of the grant recipients. Commissioner Ivins stated that is correct. Ayes – 3 (Mayor Johnson, Commissioner Ivins, Commissioner Scirocco) Recused – 2 (Commissioner Franck, Commissioner Kim) Discussion and Vote: County Animal Shelter Agreement (09-86) Mayor Johnson moved and Commissioner Ivins seconded to approve the Mayor to enter into an agreement with the County Animal Shelter. Page 6 of 23 City Council Meeting 4/07/09 Mayor Johnson stated this is an annual agreement with the County Shelter. The terms and conditions are the same as prior years and the amount this year is $4,130.00, which is in the budget. Ayes – All Discussion and Vote: Easement – 43 Phila Street (09-87) Mayor Johnson moved and Commissioner Scirocco seconded to approve the easement at 43 Phila Street. Tony Izzo stated the request for easement is for a very small piece of property. This involves the encroachment of a building wall that encroaches 0.2 feet into Lena Lane. This was discovered during a survey. Hard copies of maps have been provided for the Council. Ayes - All Discussion and Vote: Easement – White Street (09-88) Mayor Johnson moved and Commissioner Ivins seconded to approve the easement at White Street. Tony Izzo advised the request for easement is for a very small piece of property. This involves the encroachment of a porch overhang of 0.2 feet into White Street. Ayes - All Discussion and Vote: Temporary License Agreement with Niagara Mohawk (09-89) Mayor Johnson moved and Commiss ioner Franck seconded to authorize the Mayor to sign a temporary license agreement with Niagara Mohawk. Tony Izzo explained this is a request by Niagara Mohawk to extend the agreement. This agreement allows them to take soil samples during normal business hours. This agreement will be extended to December 31, 2014. We can’t cancel this agreement during this timeframe as they have public interests in keeping the agreement alive. Ayes - All Discussion and Vote: Refer the City Center expansion project to the Design Review Commission for review (09-90) Mayor Johnson moved and Commissioner Franck seconded to refer the City Center expansion project to the Design Review Commission for a complete review to go beyond rendering an advisory opinion to the City Council and to do so with a final determination by the time the City Council meets on May 19, 2009. Mayor Johnson stated he has been involved with the City Center Authority on this project. The issue is the exterior appearance of the project. He personally has not heard of any other objection to the project other than the appearance of the shell. The City Center Authority is sensitive to the community concerns and has approached him and indicated their willingness to submit to some type of review process. He believes we should proceed as fast as possible with taking into account the community’s feelings. He believes it is important to refer this to the Design Review Commission (DRC). He would prefer this issue to take the fast track with the DRC. He asks the DRC as a condition of referring this to them that they come back to the Council with their decision by the May 19, 2009 City Council meeting. Page 7 of 23 City Council Meeting 4/07/09 Commissioner Franck stated the public/citizens of Saratoga Springs own the property. He read the following from the March 5, 2008 DRC as Pat Kane having said “the DRC does not entertain the criteria of financial hardship; it is not within their purview.” He understands we have limited funds; we all have limited funds. He hopes this isn’t rubber stamped. He believes we are close. Another point is if the DRC comes up with changes that are more than a ‘tweak’, what would be the next step? The law is clear that it has to come to Council. Mayor Johnson stated the intent of sending this to DRC is to complete its regular analysis. He does not want the community to think they will be ‘rubber stamping’ anything. Commissioner Ivins confirmed that the DRC will come back with a recommendation. He asked when they come back with the recommendation, will the Council need to vote on that. Mayor Johnson stated the Council has retained the authority and responsibility for final approval; therefore, the answer is yes. Commissioner Scirocco asked they would be the ones to make the decision of what the final design will be. Mayor Johnson stated that was correct. The funding is in place and it is important to keep an eye on that. Commissioner Scirocco asked what happens if they come back with a design that doesn’t fit the budget. Commissioner Kim stated he feels this is a good idea to refer to DRC, but the driving force is the budget. It does appear the major complaint is the exterior. With his own experience in designing the public safety building, you do focus on the functionality of the building. This issue might get bogged down going to DRC. He is wondering if the Council should say, tweak it, look at it, but your responsibility will be to look at any cost that will be associated with design changes. He will want to know the budgetary implications. They are the experts in this area. Commissioner Franck stated it is clear the DRC does not entertain the criteria of financial hardship. When you bend the rules for one, you better be able to bend the rules for others. It looks real bad when we give ourselves the break and we don’t give the tax payers the same break. If we build something people aren’t proud of and happy with, in the long run we are going to be sorry. The short benefit is not going to be worth it in the long run. We need to have consistency. He knows the DRC will do their best job and they are under a lot of stress. Commissioner Kim stated he is not saying to give ourselves a break or change the rules. The reason to give it to DRC is because they are the experts. He is looking for if they change ‘x’, here is what it is going to cost. If they come up with a design and don’t give us the numbers, then we will be waiting for the numbers and slowing the process down. It is important for the public to be educated on this process. He has heard comments that people don’t like the glass, but what are the alternatives and what will the alternatives cost. Commissioner Franck stated DRC doesn’t have the expertise to determine the cost for the change. He believes things can be changed and potentially kept within budget. Mayor Johnson stated he is not sure they are changing the rules. In 2007, the prior Council passed a resolution that put us where we are today in terms of the City Council having the ultimate authority and responsibility for approval. Part of that resolution also talked about whether to send to land use boards. We dealt with a similar issue with the recreation center. Based upon the blanket authority set forth in the resolution in 2007, they may have the authority to condition what they think they want from the DRC; which may be different than what they normally do. Commissioner Franck stated he is not disagreeing with anything the Mayor is saying. The final arbiter is going to be the Council. Page 8 of 23 City Council Meeting 4/07/09 Mayor Johnson stated all he is asking the DRC to do is utilize the usual review process and work with the applicant as they normally do. Commissioner Scirocco asked Mark Baker how they will deal with the cost of design changes if any do come back. Is there funding there to make the changes? Mark Baker stated there is no intent to ‘rubber stamp’ anything. There are a number of people that have stepped up and stated they like the design and welcome it. The tenant, City Center Authority, has received the funding. They hope they don’t have to redesign the building. We are close to a winning combination and very willing to work with the DRC. They hope to bring back to the council a product that falls within the dollars. He believes they are close to a winning combination. Commissioner Scirocco stated the business people he has talked to are saying they are seeing the design for the first time, but they are excited. They want to see it happen now; it is going to bring in more tax dollars into the City. Mark Baker stated this has been approached as a product the whole community can be proud of now and in the future. The original City Center had a number of concerns attached to it. The Authority welcomes the opportunity to have a dialogue with the DRC. There are massive constraints to this site. How do you take a significant corner in Saratoga Springs and put up blank walls; they have been criticized about big, red brick walls. They are trying to come up with a combination that is respectful to the community and the architecture of the historic district. Commissioner Ivins confirmed since it comes back to the Council, is it correct that the DRC can only provide an advisory opinion. Mayor Johnson stated he wants a full review / complete review like any other project that goes before the DRC. Commissioner Ivins stated when talking about binding it sounds like it’s there and you have to live with it. The law states the City Council has the ultimate decision. Mayor Johnson stated he would look for the DRC to come back with alternates to choose from of can be done; whether it is advisory or binding. He asked that they present all alternatives that exist. Commissioner Kim asked if the DRC comes up with changes, will the Authority go back to the designers to come up with the cost estimates. Mark Baker stated it is the intent of the Authority to walk through the review process with the DRC. The hardship or fiduciary responsibility rests with the Council. The sensitivity of how we critique what is there is something the Authority is willing to walk along with and use their cost estimators. Commissioner Franck stated the City Center Authority is going to know the numbers better than anyone. They could tell the DRC what it would cost to make specific changes. Ayes - All Discussion: Status of the Indoor Recreation Center Mayor Johnson stated the lawsuit brought against the City under article 78 by the group known informally as the Friends of Southside has been dismissed by the court in its entirety. The court went over each of the grounds raised by the group opposing the project and in each instance found in favor of the city, therefore, dismissing the lawsuit in its entirety; including the relief being sought for an injunction on the project. All allegations against the City that we were acting illegally, violating state environmental laws, Page 9 of 23 City Council Meeting 4/07/09 and our own zoning ordinance and City Charter were raised, discussed, and dismissed by the court. There were 3 claims being made: declare the City Council approval of the project violated the City Charter and the state finance law because the project was not included in the City’s 6 year capital program for 2009, violated city ordinance because the City initially bypassed the Zoning Board of Appeals and did not apply for area variances from that board, and the City violated SEQRA both procedurally and substantively in that such violations mandated the City Council made previously of a negative declaration meaning it had no adverse environmental impact to the chosen site and seeking the forcing of the City to go back a do a ‘proper’ SEQRA review of the project. The court dismissed them as being without merit. The court also commented that the alienation issue – the building of the indoor recreation center on this land would constitute alienation of park land that wasn’t previously approved by the state department with jurisdiction in that matter – the court found there was no alienation on this project in this capacity. The court also found in favor of the City regarding the deed restrictions on this land which states in the event the land was not used as a playground or for recreational purposes, it could possibly revert or go back to the ownership of the school district if the City violated the use of land. The court found that the deed restriction was not being violated for the proposed use by the City. These are all relevant findings by the court. This was a complete validation and vindication of the City’s position on this project on these issues. He is pleased to report to the community the City was upheld across the board on these issues. The Department of Labor stop bid order is still in effect. We are in negotiations hour by hour. He is hopeful they may have the final determination by tomorrow. Accounts Department Announcement: Saratoga County Economic Opportunity Council Volunteers Commissioner Franck announced as the elected official for the City of Saratoga Springs on the Board of the Saratoga County Economic Opportunity Council, I wanted to share some information. The Saratoga County EOC is starting a new initiative to assist individuals who live and work at the Saratoga Race Course Backstretch. The EOC will be starting a backstretch community dinner for workers that are on the track grounds at the very beginning and very end of the training season, when no other food service is available on the track. Starting April 15th thru May 15th and then again October 15th thru November 15th, the EOC will be cooking and serving dinner Monday thru Friday from 4:30 – 5:30 pm. The EOC is looking for volunteers to assist with either cooking or serving. This is a great opportunity for all of us to show support of our community and lend a hand. He will be serving. If anyone else is interested, please contact the EOC at 587-3158 ext. 37. Discussion and Vote: SEQRA for Saratoga Hospital PUD Amendment (09-91) Commissioner Franck moved and Commissioner Scirocco seconded to declare a negative declaration under SEQRA for the Saratoga Hospital PUD Amendment. The City’s Planning Board and Design Review Commission as well as Saratoga County’s Planning Board reviewed the Saratoga Hospital PUD Amendment. All of these boards approved or issued a favorable advisory opinion for this project. The applicant has completed Part 1 of the SEQRA long form and the City Council must complete Part 2 of the SEQRA long form as they claimed lead agency at the City Council meeting held on February 3, 2009. Although the applicant provided a draft copy of how to complete Part 2 of the SEQRA long form, it is the Council’s final decision. I will read through each question of Part 2 of the SEQRA form and suggest the appropriate answer to the Council. Impact on Land: 1. Will the Proposed Action result in a physical change to the project site? NO Page 10 of 23 City Council Meeting 4/07/09 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO 3. Will Proposed Action affect any water body designated as protected? (under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NO 4. Will Proposed Action affect any non-protected existing or new body of water? NO 5. Will Proposed Action affect surface or groundwater quality or quantity? NO 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? NO 7. Will Proposed Action affect air quality? NO 8. Will Proposed Action affect any threatened or endangered species? NO 9. Will Proposed Action substantially affect non-threatened or non-endangered species? NO Impact on Agricultural Land Resources: 10. Will Proposed Action affect agricultural land resources? NO Impact on Aesthetic Resources: 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B) NO 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? NO Impact on Open Space and Recreation: 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14. Will Proposed Action impact the exception or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? NO Impact on Transportation: 15. Will there be an effect to existing transportation systems? NO Impact on Energy: 16. Will Proposed Action affect the community’s sources of fuel or energy supply? NO Noise and Odor Impact: 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO Impact on Public Health: 18. Will Proposed Action affect public health and safety? NO Impact on Growth and Character of Community or Neighborhood: 19. Will Proposed Action affect the character of the existing community? NO 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO Commissioner Franck stated he received e-mails in the past from homeowners on Woodland Court. The e-mails were primarily questions, not comments. Stephanie Ferradino explained the residents of Woodland Court were more involved during the 2003 amendment because it affected the helipad. Commissioner Franck continued to say since there were no potentially large impacts identified in Part 2, we do not proceed to Part 3. The City Council of the City of Saratoga Springs has reviewed and analyzed Page 11 of 23 City Council Meeting 4/07/09 Parts 1 and 2 of the full EAF; has fully considered the environmental impacts of the project and hereby determines that the project will not result in any large or important impacts and therefore is one which will not have a significant impact on the environment. Therefore, a negative declaration is hereby issued by the City Council for this project which will be maintained in a file readily accessible to the public as well as required from the SEQRA. Mayor Johnson asked if the planned redevelopment of the intersection of Church Street and Myrtle Street was taken into consideration with the draft answers to these questions. Stephanie Ferradino stated that the engineers were well aware of the fact of the proposed construction, however the answers were provided under the present configuration. Ayes – All Discussion and Vote: Approval of Saratoga Hospital PUD Amendment (09-92) Commissioner Franck stated as just discussed, the City Council approved a negative declaration under SEQRA for the Saratoga Hospital PUD Amendment. Mayor Johnson closed public hearing so a vote can be taken. Commissioner Franck moved and Commissioner Scirocco seconded to approve the zoning amendment request for the Saratoga Hospital PUD as presented to the Council. Ayes - All Discussion and Vote: Support of New York State Records Management Program (09-80) Commissioner Franck moved and Commissioner Ivins seconded to accept the resolution as read. Commissioner Franck advised the Local Government Records Management Improvement Fund was established in 1989 to fund grants to local governments for the management of their records and to fund the provision of related advisory services through nine regional record management offices across the State. The City has benefited immensely from the program; we have received $425,000 in grants to fund many projects including inventories, record storage improvements, microfilming, e-government initiatives, map scanning, record surveys and Novus Agenda. I urge the Council to please support the following resolution to officially demonstrate our continuing support of this prolific and effective program: Resolution of Support for Local Government Records Management Improvement Fund (LGRMIF) Whereas , the New York State Archives and Records Administration’s Cultural Education Account and the Local Government Records Management Improvement Fund is primarily supported by fees charged by County Clerks for index numbers of pending Supreme and County Court actions; and Whereas , the Cultural Education Account Funds most of the operations of the State Museum Library and Archives; and Whereas , the Local Government Records Management Improvement Fund (LGRMIF) has been providing technical assistance and grants to establish, improve or enhance records management programs in New York’s 4400 local governments since its creation in 1989; and Whereas , the LGRMIF has supported the preservation of over 3 million essential documents throughout New York State, ensuring their continued availability to the public including students, teachers, genealogists, and other researchers, through education and the awarding of over $176 million in records management improvement grants to local governments; and Whereas , since 1989, State Archives staff have conducted 20,000 site visits to local governments to provide hands-on records management guidance and have trained over 10,300 local government officials to manage both paper and electronic records through 130 onsite workshops and webinars offered annually to local governments at no cost to the taxpayers; and Whereas , the City of Saratoga Springs has benefited from technical assistance, training, publications and has received 22 grants totaling $424,923from the LGRMIF to improve and increase access and availability of records and information to the public; and Whereas , the City’s records management program continues to be a viable and intrinsic liaison between municipal leadership and the public in striving toward the City’s goal of transparency in government; and Whereas , the LGRMIF fee has never been increased since its inception in 1989, Now therefore be it resolved that the City Council of the City of Saratoga Springs supports Assembly Bill A.6783 and Senate Bill S.3460, which propose increases in the fees supporting the Cultural Education Account from $15.00 to $22.50 and the Local Page 12 of 23 City Council Meeting 4/07/09 Government Records Management Improvement Fund from $5.00 to $7.50 per transaction to ensure the continuation of the programs and to continue to build vital information infrastructures in local governments across New York State. Commissioner Scirocco commended Nancy Wagner on all her hard work and efforts. She has brought a lot of grant money in for the City. Ayes - All Discussion: US National Health Care HR-676 Commissioner Franck stated HR 676 would institute a single payer health care system by expanding a greatly improved Medicare system to everyone residing in the U. S. HR 676 would cover every person for all necessary medical care including prescription drugs, hospital, surgical, outpatient services, primary and preventive care, emergency services, dental, mental health, home health, physical therapy, rehabilitation (including substance abuse), vision care, hearing services including hearing aids, chiropractic, durable medical equipment, palliative care, and long term care. HR 676 ends deductibles and co-payments. HR 676 would save hundreds of billions annually by eliminating the high overhead and profits of the private health insurance industry and HMOs. In the current Congress, HR 676 has 74 co-sponsors in addition to John Conyers. The following communities have recently adopted resolutions like the one being discussed this evening; Albany Common Council, Albany County, Rensselaer County, Cortland, Livingston County, Schuyler County, Tompkins County, Ithaca, and Ulster County. Set Public Hearing: US National Health Care Insurance Act HR - 676 Commissioner Franck set a public hearing for the US National Health Care Insurance Act for April 21st at 6:50 p.m. Finance Department Discussion and Vote: Accept Donations – Saratoga’s All-American Celebration (09-93) Commissioner Ivins moved and Commissioner Franck seconded to accept donations from Circus Café, Liberty Bell Cheese Steaks, Scallions, Parting Glass, Saratoga Gaming and Raceway and Saratoga National Bank. Commissioner Ivins stated Circus Café donated $75 and are participating in a desert fest tasting, Liberty Bell Cheese Steaks donated $400 and participating in the barbecue fest, Scallions donated $75 and participating in the desert fest tasting, Parting Glass donated $400 and participating in the barbecue and desert fests, and Saratoga Gaming and Raceway donated $100 and participating in the barbecue and desert fests, and Saratoga National Bank $100 towards the celebration. Ayes – 4 Recused – Mayor Johnson Discussion and Vote: Authorization for Mayor to sign contract – New Shoes Band (09-94) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with New Shoes Band for the All-American Celebration $300.00. Commissioner Ivins stated this contract is for the band to play at the All American Celebration. Mayor Johnson asked for clarification of how these bands are being paid. Page 13 of 23 City Council Meeting 4/07/09 Commissioner Ivins stated the bands will be paid from the donations received from various donors for the purpose of funding the activities. Mayor Johnson disclosed for the record his ownership interest in the Circus Café, but does not feel it interferes with his voting on the awarding of these contracts. Ayes – All Discussion and Vote: Authorization for Mayor to sign contract – El Duke (09-95) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with El Duke for the All-American Celebration $75.00. Commissioner Ivins stated this contract is for the band to play at the All American Celebration. Ayes – All Discussion and Vote: Authorization for Mayor to sign contract - Bluesology (09-96) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with Bluesology for the All-American Celebration $400. Commissioner Ivins stated this contract is for the band to play at the All American Celebration. Ayes - All Discussion and Vote: Authorize the Mayor to sign contract – Saint Ukraine (09-97) Commissioner Ivins moved and Commissioner Franck seconded to authorize the Mayor to sign a contract with Saint Ukraine for the All-American Celebration for $75. Commissioner Ivins stated this contract is for the band to play at the All American Celebration. Ayes - All Discussion: 2009 All-American Celebration Commissioner Ivins announced the All American Celebration is July 3-5th. There will be some great bands and a firecracker run. Discussion: VLT State Aid Commissioner Ivins stated we lost VLT aid, although we never gave up the fight. A letter was sent to Governor Patterson and all the leaders of the state just before the announcement urging them to reject the executive proposal for reducing the rate by 50%. We were under the assumption that we were looking at full or 50% based upon the Governor’s proposal last fall. It is based on poverty levels compared to the state – we are a victim of our own success. In accordance with the City Charter, if we no longer have a balanced budget, which we do not with the loss of the VLT money, he must come back to the Council with a revised budget. He plans on reopening that process and will be looking to the commissioners and the mayor for their ideas and thoughts. His hope is by May to come back with a revised budget to reflect the adjustments that have to be made. Commissioner Kim asked what kind of hole are we looking at. Page 14 of 23 City Council Meeting 4/07/09 Commissioner Ivins stated it is $1.89 million. Commissioner Franck stated he thought it was more with the sales tax. Commissioner Ivins stated we may be looking at sales tax too. As far as VLT alone, we budgeted $1.8 million to come in to this budget; so we have to look at that this year. Long term implications are that we put in $1.4 million of one time money into this budget. We don’t have to address that money at this time but we have to keep that in mind as we go forward. Commissioner Kim confirmed that all we are addressing is the $1.8 million and not the short fall in the sales tax or real estate tax. Commissioner Ivins stated at this point we have to at least address the VLT. Maybe by next month he will have the second month worth of sales tax. We are off about $40,000 for the month of January. Commissioner Franck stated when doing the budget, Commissioner Ivins was anticipating a certain amount for sales tax and we came in $600,000 short. Scirocco stated it is hard to anticipate sales tax as sales tax this time of year is usually flat. Commissioner Franck stated Commissioner Ivins is comparing sales tax for January of this year to January of 2008. In his mind we are going to be down double digits for sales tax. Commissioner Ivins stated he will come back at the next council meeting with some numbers for all to be looking at. He is in the process of organizing and analyzing the 2008 numbers. Commissioner Franck stated he looked at other municipalities and they didn’t put the VLT in their budgets. So the theory that since we cut half they will take the other half is false. Those municipalities put zero in their budgets and they still got half. In 2007 we were at 1.18 in the wealth index, all the other municipalities were at 1 or below. From a wealth index, he had been saying we were going to lose the VLT money. Scirocco wanted to know if Commissioner Ivins is going to ask for recommendations from the departments. Commissioner Ivins said yes, you know your priorities and department best. He can look at it from a numbers point of view. Commissioner Scirocco stated he would like to know what they are coming to the table with. Commissioner Ivins stated the charter doesn’t mandate a timeframe if we are out of balance, but his personal goal is for the second meeting in May. Commissioner Scirocco asked if we are considering a workshop. Commissioner Franck stated he believed it would be like last November all over again. Commissioner Scirocco stated maybe we should look at incentives for people to retire. He has some people who are eligible for retirement and maybe he should send his people a note and let them know we are potentially looking at layoffs and you are eligible to retire and maybe its time. Commissioner Ivins encouraged and ideas. Commissioner Franck stated maybe people can not work a Friday once in a while so we don’t lose people. We can’t raise taxes now. Commissioner Ivins stated he will have at the next City Council meeting where we are with our undedicated funds. Page 15 of 23 City Council Meeting 4/07/09 Commissioner Kim stated it would be helpful if there is a target number Commissioner Ivins can provide for each department based on a percentage of the overall budget they represent. It seems without that target we are working in the dark. It will also help to understand the severity of the problem. Discussion: North Woods at Skidmore Commissioner Ivins is working with Skidmore on the North Woods. They are looking for volunteers to preserve that area; walkways across wet areas, fixing of slippery walkways, etc. The day to help is April 19th from 1-4 pm. Discussion and Vote: Recreation Dept. Payroll Transfer (09-98) Commissioner Ivins moved and Commissioner Franck seconded to approve the payroll transfer for the recreation department. Commissioner Ivins stated this is for volleyball and winter lacrosse supervision. Mayor Johnson advised based upon the increase in the participants, the hours need to be increased and additional staff was needed. The revenue produced from that more than offset the increase, so it is not a budget issue. The amount is $206. Ayes - All Discussion: City Finances Commissioner Ivins stated this was covered in earlier discussions. Public Works Department Discussion and Vote: Authorization for the Mayor to sign contract for Granite Curbing Commissioner Scirocco pulled this item from his agenda. Discussion and Vote: DPW Sick Bank Request (09-99) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize a DPW employee to be granted 1 day of sick time from the sick bank. Commissioner Scirocco stated this day has been approved by the CSEA union. Ayes – All Informational: Update on the Nelson Avenue Project Commissioner Scirocco stated the Nelson Avenue Drainage Project has started up again this month; from Steele Street to Jackson Street, south to Fenlon Street, and west to Vanderbilt Avenue. Paving will follow street by street. The contractor is responsible for all the paving. DPW will do hot patch and keep surfaces passable. National Grid will also be upgrading some gas lines. Commissioner Franck asked if they will stop for track season. Commissioner Scirocco stated they will stop for the track season. He also stated he is willing to waive street opening fee if someone is thinking about new water service or gas service in that area to have the work done now. Discussion and Vote: Street Acceptance – David Lane (09-100) Page 16 of 23 City Council Meeting 4/07/09 Commissioner Scirocco moved and Commissioner Kim seconded to accept David Lane as a public road conditioned upon the developer filing all necessary deeds and easements in the Saratoga County Clerks Office with written proof provided to the Saratoga Springs City Attorney ’s office and a minimum 1 year letter of credit maintenance security be required and any existing letter of credit will be released. Commissioner Scirocco stated chapter 201, section 201-1 Official Street List entitled Street Naming and Numbering be amended to include David Lane as a public road. Ayes – All Public Safety Department Announcement: Coin Drops Commissioner Kim advised his department will be holding a meeting on April 9th at 9am in their office to discuss with non-profit and sports organizations the coin drop issue. They want to go through their interpretation of the law. They have consulted with other agencies on the traffic vehicle code 1157 and want to give the organizations the benefit of their interpretation of it and how they will be dealing with it. They will also provide alternatives to coin drops that the organizations can take advantage of that will be safe, not violate the law and possibly raise more money. Commissioner Franck announced his department will continue to issue permits based upon the 2004 City Council ruling. There was one coin drop that was stopped by Commissioner Kim. Announcement: Code Enforcement – Property Maintenance Registration Revenue Commissioner Kim stated this Council approved a property maintenance registration fee of $30 every 3 years for any apartment more than a 2 family. To date they have collected $40,530, which is over the budgeted amount, and have registered 230 properties. Commissioner Ivins asked how much is still outstanding; is there more money to come in. Commissioner Kim stated there is uncertainty of what is outstanding as some places were incorrectly listed. They are now sending follow up letters to those who haven’t responded to date. Commissioner Ivins asked if there is a mechanism for those who are suppose to register and haven’t. Commissioner Kim stated the plan is to go out and inspect those properties. They haven’t completely gotten a feel for how large that number is. Most that haven’t responded are out – of – towners. Deputy Finneran stated they budgeted $30,000 and they are over that amount now. There is a fine of $250 per day if they don’t register and court appearance. People are being given until April 20th to respond. Commissioner Franck stated there are a couple properties that were originally 4 – 5 apartments and converted to single family homes. Their assessments have jumped because when it is listed as an apartment, the assessment is based upon rental income. Commissioner Scirocco asked if it would be helpful to put it on the website. Deputy Finneran stated it is on the website. Discussion and Vote: Approval for Change Order for Sutphen Fire Engine (09-101) Page 17 of 23 City Council Meeting 4/07/09 Commissioner Kim moved and Commissioner Scirocco seconded to approve $5,674 in change orders for Sutphen Fire Engine. Commissioner Kim stated the money is in the budget and a certificate of funds has been signed by the Commissioner of Finance. Ayes – 4 Nay – Commissioner F ranck Discussion and Vote: Accept Proposal for High Rock Development (09-102) Commissioner Franck left the room (recused himself) during the discussion of this issue. Commissioner Kim read the following resolution pertaining to the presentation earlier: WHEREAS , in January, 2006, the Commissioner of Public Safety appointed a Public Safety Capital Construction Committee and charged it with "developing a comprehensive facility needs analysis, preparing baseline cost projections and funding alternatives and a set of detailed recommendations to present to the public and the City Council."; and WHEREAS , the physical plant occupied by the Saratoga Springs Police Department is unable to meet minimal space, life safety, sanitary, environmental, programmatic and functional requirements necessary to provide an appropriate police response to the community; and WHEREAS , the Final Feasibility study recommended as one of the preferred sites, the construction of a facility at the City owned lot at the High Rock Parking Lots; and WHEREAS , the City needs additional downtown parking for its residents and visitors; and WHEREAS , the High Rock Parking Lots are currently an underutilized resource; and WHEREAS , on September 22, 2008, the City Council by unanimous vote issued a Request for Proposal ("RFP') for the Development of the High Rock Parking Lots; and WHEREAS , on November 19, 2008, a development consortium led by BBL Construction, Inc. and Bonacio Construction, Inc ("BBL/Bonacio") submitted a response to the RFP which proposed the splitting of the High Rock Parking Lots into three parcels with one parcel dedicated to the construction of a 900 plus car parking garage, a second to the construction of a public safety building, and the third for private commercial development of a restaurant, Cineplex and mixed use building in exchange for a financing arrangement; and WHEREAS , the BBL/Bonacio proposal will address not only the need for a new public safety facility but will also remedy the parking difficulties for visitors to the City, residents and downtown business owners, stimulate the local economy and bring the City immediate income of $4.5 million. BE IT RESOLVED , the City Council on April 7, 2009, designates the development consortium of BBL/Bonacio Construction as the preferred developer; and BE IT FURTHER RESOLVED that the City Council directs the Commissioner of Public Safety in consultation with the City Attorney, to negotiate and draft an Agreement with BBL/Bonacio Construction for consideration by the City Council on or before May 5, 2009. Commissioner Kim moved and Commissioner Scirocco seconded to accept the resolution as read. Commissioner Ivins asked Commissioner Kim where he was with looking into a PLA. Commissioner Kim stated the law firm they had approval to work with had problems with our insurance requirements. They have asked other companies that aren’t law firms for information. It is the indemnification provisions we require that is problematic to the law firms. The law firm we approved at the last City Council meeting had problems with indemnifying us for what is not legal advice. PLA is an economic document; a financial analysis of what happens when you build a project according to certain bidding practices. We don’t have to do PLA if we say we are going to do this according to WICKS. If you decide you are going to do WICKS you don’t do a project labor agreement. Page 18 of 23 City Council Meeting 4/07/09 Commissioner Ivins stated original bid was put out as non-WICKS. We can’t hold these bidders to these rates at all. He is not ready to do this at all because we could end up with the same situation as with the recreation center; the Department of Labor could come back in and say you have to re-bid this or our bidders will pull out of the process because we just raised the issue up a level. Commissioner Kim stated all they are doing is picking a preferred developer and developing a contract from that. If part of the contract is we are going to do a PLA, than that is one of the conditions of the contract that they conform to that. He doesn’t see that as a problem at this point. Commissioner Ivins stated the numbers aren’t matching to the original proposal. Commissioner Kim stated that was an update Bonacio distributed to all the City Council on March 4th with an attached letter. Commissioner Ivins stated Bonacio lowered his bid by $200,000. He isn’t sure that can be accepted. Also annual sales tax revenue was calculated and Bonacio already qualified that number wasn’t correct; and Commissioner Kim took Bonacio’s original number there. Commissioner Kim stated he is presenting the document as Bonacio presented. Commissioner Ivins stated Bonacio came back with a memo saying he overestimated sales tax; it is half the number. These numbers aren’t jiving for him. He is making a decision based on numbers coming in and these numbers may not be anywhere close to what we are dealing with. We have to resolve the PLA/WICKS issue before moving further. He is happy to ask the bidders if their numbers change based on a PLA or WICKS; but that has to be answered before he can make a financial decision. We are trying to make financial decisions for the City and we don’t have the numbers. Commissioner Kim stated this is not any different than in 2007 when they chose a preferred developer for the Lillian's lot. It moved the process forward to allow them to have discussions with one party. One of the problems now is that they are not talking with anyone. He believes the best alternative is to choose one of the developers and start the negotiation of the contract. If there are issues about numbers, those numbers can be refined. Commissioner Ivins confirmed that if we choose BBL/Bonacio and we decide down the line their numbers have changed, we can cancel the whole thing and walk away from everything and not commit a dime to the process. Commissioner Kim stated that is what was done with the Lillian’s lot. Commissioner Ivins advised there was only 1 bidder on the Lillian’s lot. Commissioner Kim stated there was a second bidder. Commissioner Ivins agreed, however, the bidder submitted the bid after the due date, it wasn’t timely. Commissioner Kim stated again you have to choose someone whether or not you agree with the details of income. One outstanding characteristics of the original BBL/Bonacio proposal; he agreed there’s the late entry from them; is they will give us $4.5 million. Commissioner Ivins asked what if the developer stated now that you are doing WICKS I can’t give you $4.5 million, he can only give us $2.5 million. He is not prepared to vote on this based upon these assumptions. Do we have the ability at that point to say we’re done? Commissioner Kim stated we wouldn’t have a contract, we are only taking the action to start the negotiation process; selecting the preferred developer. Commissioner Ivins stated he needs more advice on this. Page 19 of 23 City Council Meeting 4/07/09 Commissioner Kim stated it is his understanding that they have not completed anything on the Lillian’s lot other than selecting the preferred developer. Commissioner Scirocco stated there hasn’t been any other agreement other than a handshake on the Lillian’s lot. He spoke to Mr. Bonacio himself and he is under the impression it is his to buy, but there is no contract. There may be some negotiations but there is no contract. Mayor Johnson stated for the record that Mr. Bonacio has the contract in his possession for some time but hasn’t returned a signed one yet. Commissioner Ivins stated Lillian’s is different than the High Rock property because all we are doing with the Lillian’s lot is selling it, we are not expending any money. With High Rock we have potential of costs to us. He wants to know what those costs are going to be. We may be looking at a lease payment of $3 million per year. Commissioner Kim stated given the fact we are late on this; the council agreed to make a decision the end of February; the numbers probably have changed. You look at these 3 proposals and it is clear there is 1 proposal head and shoulders above the others. Commissioner Ivins stated if you look at the 2 proposals dollar for dollar, they are almost identical in nature. Bonacio is giving the money upfront, but has built it in later. Commissioner Kim stated everyone is doing that; that is the whole financial structure. The second one is asking us to bond $3 million. Commissioner Ivins stated there is not much of a difference between leasing and bonding. Commissioner Kim stated there is no other up front cash other than the proposal BBL/Bonacio provided. Commissioner Ivins stated Bonacio has it coming out ahead and the other proposal has built it into their price, so their price is actually lower. The net result is it is the same price. Commissioner Kim stated it is still cash up front; which we could desperately use. Commissioner Ivins stated he wants to know what he is committing the public to. He doesn’t believe these parking revenues in just garages and surface lots. People are going to drive around Broadway looking for free spots; they are not going to use these lots. Bottom line is we will have to raise taxes to do this. He wants to go into this with eyes wide open. Commissioner Scirocco stated there is an issue on the table; which one are we going to choose. We committed to the public to do something. Is paid parking the problem? He does not understand what the issue is. We need to sit down and start talking about it with someone. If this does happen, we can generate revenue before there is a shovel in the ground. He doesn’t know how we are going to get out of the mess we are in; we are in a deep mess here. It appears the direction we are going is talking about getting rid of people; he can’t see any other thing we can do. Would the Community Initiative Development (CIDC) take care of the issue with the PLA or the WICKS law? Commissioner Kim stated normally it does. Commissioner Scirocco stated he is ready to vote on this. Mayor Johnson stated he sees 2 issues; content of the resolution being proposed, the last paragraph in particular. This is a city project not a public safety project and he would not relinquish control of negotiation solely over to any one department. Page 20 of 23 City Council Meeting 4/07/09 Commissioner Kim stated he would be happy to put in there the City Council will negotiate. It certainly isn’t a project the Mayor negotiates. If we all want to negotiate, that would be great as everyone’s questions will be answered. The process of having to ask each bidder the same question is absurd. We can’t answer any questions because we have to ask all three and the proposals keep change. Commissioner Ivins stated economic times have changed. We have to look at numbers even closer so our constituents know what they are going to pay down the line. Commissioner Kim stated the way you are going to that is start the negotiations. Commissioner Ivins disagreed. Commissioner Kim has to come back with a PLA or WICKS or ask the bidders how is that going to change their bid. Mayor Johnson stated another issue not resolved here is paid parking. They have not come to a consensus here. He met with every group in the city on this and it is not good. It has to be more than the parking garages to make the numbers work. Commissioner Scirocco stated there are a lot of ‘what ifs’ in anything you do. We are not going to know what the bottom line is until you start talking to these people. He believes everything in the proposal is negotiable. He suggested sitting down with them, if we like it let’s do it, if not we can scrap it. He understands paid parking is an issue. It will make or break it. Ayes – Commissioner S cirocco, Commissioner Kim Nays- Commissioner I vins, Mayor J ohnson Recused – Commissioner F ranck Motion not passed. Discussion and Vote: Approval for Mayor to sign contract with Hamilton Watt (09-103) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with Hamilton Watt for legal research on a potential employee matter relating to disability at $165/hr. not to exceed $660. Commissioner Kim explained the legal research regarding the employment of a firefighter with diabetes. Ayes – All Supervisors Joanne Yepsen Report on Racing Committee Supervisor Yepsen reported a presentation by Thorough Fan. VLTs are also a major concern - letters to be mailed to neighboring counties as well as the state to lobby for the RFP to be sent out as soon as possible regarding the Aqueduct gaming. They also talked about the property tax issue. VLT Update Supervisor Yepsen reported she had a conversation with the governor’s office regarding VLTs. The RFPs will be issued again. The governor’s council is putting together the RFP for the Racing and Wagering Board and will be moving quickly on this. The state anticipates mailing checks out soon for property tax payments. Page 21 of 23 City Council Meeting 4/07/09 Economic Stimulus Package and Saratoga Springs Supervisor Yepsen reported they are applying for funding through the Office of Technology to upgrade the infrastructure and equipment. This will be a public safety application overall with tourism, telecommuting and digital literacy benefits. There is a one year period which stimulus money can be requested. She will be putting together with the governor’s staff a stimulus forum to get the information out to our community and county regarding the funding; including deadlines, criteria, projects are eligible, and under what agency they should apply. Seniors Help Seniors Supervisor Yepsen advised she will be working with them on the Care Links program. There will be a panel discussion on May 5th at the library. Pro-Act Pharmacy Discount Card Supervisor Yepsen stated this card will be mailed to all residents as soon as mailer is finalized. The card will be in the mailer. If it is not received in next couple of months, the supervisors will have extra copies. Leaderspark Program for High School Students Supervisor Yepsen stated the program is a 6 week series for high school students around the county to provide them with leadership skills. The students work with community leaders and organizations to develop leadership skills. Women’s Veterans Project Accepts Award and Plans August Fundraiser Supervisor Yepsen stated they accepted $1,000 donation from Mary Brandt. Mary is in the Air Force. There will be a fundraiser on August 15th at the Eagles Club. Matt Veitch Racing Committee Supervisor Veitch announced there is a draft resolution for county to pass on April 21st. A copy was provided to the City Council. The county also will not be receiving VLT money; that is a $1.2 million loss of revenue for them. Also, a report was received from the Saratoga Gaming and Raceway – a copy was provided to the City Council. Trails Committee Supervisor Veitch stated the next meeting is April 16th at 2:30 at the Wilton Mall. Green Committee Supervisor Veitch announced the Green Committee is meeting on April 29th at the Stillwater Community Center. ADJOURNMENT Mayor Johnson moved and Commissi oner Ivins seconded to adjourn the meeting. Page 22 of 23 City Council Meeting 4/07/09 Ayes - All. There being no further business, Mayor Johnson adjourned the meeting at 11:30 p.m. Respectfully submitted, Lisa Ribis Approved: 4/21/09 Vote: 5 - 0 Page 23 of 23