City Council

August 16, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:50 PM – P.H. – Presentation and Public Hearing for 2012 – 2017 Proposed Capital Program 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 8/2/11 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 8/12/11 $421,606.60 5. Approve Payroll 8/5/11 $403,592.09 6. Approve Warrant 2011 Mid 11MWAUG1 $90,687.90 7. Approve Warrant 2011 Regular 11AUG2 $568,860.54 MAYOR’S DEPARTMENT 1. Discussion and Vote: Time Warner Cable Franchise Agreement 2. Set Public Hearing: Time Warner Cable Franchise Agreement 3. Discussion and Vote: Authorization for Mayor to Sign the Saratoga County Board of Supervisor’s Youth Week Activity Reimbursement Agreement 2011 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with Landmark Archeology, Inc. for Archeaology Review Phase II at Waterfront Park Site 5. Discussion and Vote: Authorization for City Council to Approve Resolution for City to Seek NYS Grand Funding for Continuation of Waterfront Park Development 6. Discussion: Tempered by Memory Sculpture ACCOUNTS DEPARTMENT 1. Presentation: SARA Grant Project 2. Award of Bid: Sign Inventory & Management Program FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Safety Payroll Transfers 2. Discussion and Vote: Finance Department Payroll Transfers 3. Discussion and Vote: Department of Public Works Payroll Transfers 4. Discussion and Vote: Recreation Payroll Transfers 5. Discussion and Vote: Updates to Finance Policies & Procedures 6. Appointment: Deputy Commissioner 7. Discussion: City Finances City Council Meeting 8/16/11 PUBLIC WORKS DEPARTMENT 1. Announcement: The Veteran’s Memorial Brick Program 2. Discussion: Update on the Casino Stairs and Walkway PUBLIC SAFETY 1. Discussion and Vote: Authorization for Mayor to Sign Contract with 3M Co. SUPERVISORS Joanne Yepsen 1. County Board of Supervisors’ August Meeting 2. US Coat Guard Band 3. Pro Act 4. Sustainable Saratoga Matt Veitch Nothing at this time. ADJOURN Page 2 of 15 City Council Meeting 8/16/11 August 16, 2011 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW (arrived at 7:04 p.m.) Frank Dudla, Deputy Commissioner, DPS STAFF ABSENT: Joe Scala, City Attorney EXCUSED: Matthew Veitch, Supervisor 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 HEARING 2012 – 2017 Proposed Capital Program Mayor Johnson opened the public hearing at 6:53 p.m. He advised the Capital Program was posted 5 days ago for public viewing. Page 3 of 15 City Council Meeting 8/16/11 Kyle York of 59 Railroad Place stated the primary purpose of the parking lot is about the City Center and the convention traffic. People who come for a convention don’t come for just 2 hours; they stay. The standard 2 hour lot isn’t going to work there. Eventually the employees will figure it out that they won’t have to move their cars every 2 hours so the lot will be taken over by employees and we are not getting anywhere on the convention traffic. If this parking is going to succeed, this needs to be well thought out. Al Callucci of 9 Lexington Road stated there are a lot of things in the Capital Program that are long overdue. He doesn’t think this parking lot is with the City Center in mind. It is to create more parking downtown and know we can go downtown and find a spot. If we are going to be proactive and build real revenue, we need to build real revenue for the merchants downtown. He has no disagreement with anything on the Capital Program list. There are several people considering projects in the Boarder’s building but are not moving on it due to the lack of parking. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:01 p.m. 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. Suzanne Voigt from Saratoga Farmer’s Market stated the Farmer’s Market is in a real dual to the finish for the best farmer’s market in America. Last year they were in the top 3. It is a winner-take-all contest which will bring money and make Saratoga a destination. It is an on line voting. Al Callucci of 9 Lexington Road stated the 9/11 sculpture is now being played as a political issue. Commissioner Franck asked the question of the size in the beginning of the project. He asked if the sculpture was going to fit on the concrete square and the answer was yes. Since then, the size and scope of the sculpture has changed. He is personally insulted by the comments made by 1 individual who stated this has become a political issue. Lance Ingmire, member of the Heritage Area Visitor Center Board stated he just read that Mayor Johnson is thinking of moving the 9/11 sculpture to a committee. He hopes what he read is accurate. He publically offered to pay $1,000 towards the endeavor of brining the sculpture in to the City on a flatbed truck for the 9/11 ceremony. The location is driving the issue. The Preservation Foundation has publically decided not to take a position, unlike what Joel Reed of the Arts Council has said. Placing the sculpture at the Lake Avenue Fire House would not interfere with fire calls and there is no issue with the DEC. Bob Giordano of 43 York Avenue read a statement from his wife Michelle Ursig as she was unable to attend due to illness. His wife stated she is not sure why the community is fighting the placement of the sculpture after having received approval from the various land use boards. These boards are not afraid of saying ‘no’. Placing the sculpture in front of the fire station instead of the Visitor’s Center would be a missed opportunity. He then read his own statement – where he said this situation is similar to the Carousel. After 10 years, the Carousel was placed in Congress Park and validates the vision of those who persevered to make it happen. Given the time restraint, the Arts Council should be commended for their leadership and sensitively selecting the artists, retaining the material, raising private funds, etc. The debate regarding the placement of this structure is sad. The visitor center is the best choice of location. Page 4 of 15 City Council Meeting 8/16/11 Phil Diamond of 29 Waterview Drive stated the issue talks about patriotism. We were fortunate to receive a sculpture made from the steel of the world trade center. Putting the sculpture in front is the visitor center is where people first go. Forming a committee is a way to delay things. Let’s not do that. We have a 10th anniversary of 9/11 – therefore the rush. He asked the council to vote, make the decision and put it in front of the Visitor Center where it belongs. Jeff Partridge of 2 Magnolia Drive stated he is here on behalf of the Springs Democratic Committee to read a statement from Thilo Ullman. In the letter, it is said that the amount of opinions of the location of the sculpture only points to the lack of insufficient outreach on the part of the Arts Council. The Democratic Committee has not discussed the sculpture, its merit, its opportunity or its placement. They are not in a position to support or oppose it. The final the decision does not rest with him or the Democratic Committee; but with the City Council. He demanded a public apology from Mr. Reed for all Saratogians. Joel Reed from Saratoga Arts stated he is here tonight only to apologize. He sent a note yesterday that was ill tempered and he apologizes. He agrees everyone here is pursuing the best interest of the City. James Kettlewell, an art expert, provided a verbal resume to support his comments. He loves the site planned for the sculpture in front the Visitor’s Center. The sculpture is beautiful. It would be totally foolish for Saratoga Springs to turn down this opportunity. Maryann Bell of 24 Saratoga Circle has collected large scale contemporary art for 40 years. She is here to speak in favor of the sculpture itself. The site for the sculpture is of great interest. This sculpture should have a site where it has as much space around it as it is in height. You need to see it in its entirety and it needs lots of space. She also recommended placing benches around it for people to sit and contemplate it. It is her hope that a committee will be appointed to help the City make the decision that will impact and enhance the City. Peter Martin of 101 Bryan Street stated he is here to talk about the procedure to be followed. The placement of the statue is subject to SEQRA. If the sculpture is to be placed on any piece of City property, a SEQRA determination must be made by a lead agency. Because the Visitor Center is in a designated historic district, it becomes a Type 1 action. The City Council will violate the SEQRA statute if it authorizes the placement without going through a well considered review. Ken Gray of 38 5th Ave stated he doesn’t envy the public officials tonight. It is a tough decision ahead of all. We have a missed opportunity and a missed obligation if we don’t act right now. He told a story of his experience on 9/11 and his loss of a close friend. He applauds the artists, the engineers, etc. Hady Finch of 268 Church Street stated she is opposed to the use of the lawn at the Visitor Center. She strongly supports the use of the lawn at the Lake Avenue Fire House. Mike Messinger of Caroline Street stated he is co-chair of the Visitor Center Heritage Area. He finds it ironic that the 9/11 sculpture has divided Saratoga. Members of the board do not think the Visitor Center is the best site for the sculpture. The placement of the sculpture at the Visitor Center would not be consistent with the plan developed 25 years ago as to what would be appropriate on the Visitor Center site. It is the mission of the Heritage Area Visitor Center Board to help advise, render opinions, and act as stewards to protect their historic footprint. New work must be compatible with the historic character of the district in terms of size, scale, design, material, color and texture. The Board has suggested an alternative location on the east side of the fire station on Lake Avenue. Rob O’Neill from Albany stated one of the goals of this sculpture is to not make it a military sculpture. It is a memorial and a piece of art. He is not sure why people would say it overwhelms the building as the sculpture is shorter than the tallest tree there. He believes it is an excellent space for it. Jackie Marchand of 49 Court Street stated she is here to voice her full support of sculpture. It is not junk or scrap metal. She is proud we were entrusted with this material. Saratoga’s motto is health, history, and horses. Tempered by Memory is history and art. Page 5 of 15 City Council Meeting 8/16/11 Doug Johnson lives in Peter Gansevoort’s house in Gansevoort. His background is in art. The 2 artists have taken this metal that was destroyed and built a monument. This is a beautiful piece of art; there is nothing controversial about the piece. The twin buildings were big tall buildings – would you make a small sculpture? Don’t loose this piece – you have a gem. Nancy Weber of 198 Circular Street stated she is here in support of the piece and the placement at the Visitor Center. The piece demands a place where it is going to be seen. Having it in a prominent place will challenge people. The event of 9/11 has totally changed our world. That needs to be considered when we think about what is historically ‘compatible’. She feels the sculpture is compatible with the existing building. Kyle York of 59 Railroad Place stated when it comes to expertise no one has a greater collection of expertise on art than the people of Saratoga Springs. This sculpture invites climbing upon it. We are going to have people scaling it. There are a least 2 dozen points that are serious points. No reason for this City Council to expose the City. He has outlined all the serious points in a report and provided a copy to each member of the Council and one for Marilyn Rivers. Pete of Delanson, New York stated it was honor to work on the sculpture. You can see the numbers on the steel and know exactly where that piece of steel came from in NY. To think about this steel was in the impact zone where the plane hit it; it is amazing. This needs to be put in a place of honor - in the open. It needs to be done for 9/11. It is meant to be put somewhere permanent in a place of honor. Elizabeth Dubben of the Saratoga Arts Council stated it is her job to professionally represent artists and art projects. The steel isn’t the only thing twisted lately – there has been a lot of truth twisted lately. There were many types of individuals that lost their lives that day. That is why it is important that the sculpture stay on a neutral site. From the beginning there were proposals submitted to the City Council and open to the public. The sculpture created did not deviate much from the size that was dictated in the original proposal. They proposed a sculpture approximately 25 feet tall knowing there would be changes through the process. They were given a 12’ x 15’ section to work within at the City Center. They did not exceed that size. The artists worked diligently to design a sculpture that was site specific. The sculpture was meant to be experienced close up and from across the street. Please keep in mind this sculpture was meant for a 24’ area and designed for it. It can fit on the Visitor Center lawn. Phil Dobie of Ballston Spa is a business agent for the operating engineers. Hundreds of operating engineers were first responders on that day. It would be a travesty not to get this done for 9/11 at the Visitor Center. Today he heard Saratoga Springs was voted # 75 of the top 100 cities in the country. He wonders what that committee would think of this committee delaying the decision. Maryellen Alaquin of Gansevoort stated she worked at the trade centers; had employees, family, and colleges there. This discussion speaks to the power of public art. For her, Tempered by Memory is for those who lived. It symbolizes strength and resilience. She hopes they can come to closure and a swift decision regarding the placement of the sculpture. Lawrence White of 4713 Rt. 50, Gansevoort stated the day after 9/11 the neighborhood came together. They did not put things off to a committee; they had to respond right away. He thinks the City has every right to be proud of this piece as a piece of art and a memorial. He hopes they will move swiftly to put the sculpture on the lawn of the Visitor Center. Dee Sarno of 3 Rose Ridge Court stated she has been involved in the arts and this community for 25 years. This has been going on for 15 months – it was not a decision made the past few days. All the agencies that had to approve the sculpture at the City Center and the Visitor Center Somebody has been done. This sculpture is inspiring and will mean a lot to this community. In 50 years that sculpture will be history and part of our history. The Visitor Center is a logical place. This is something where there are 2 sides and someone has to decide – it falls to the City council. If we don’t bring this sculpture it to the Visitor Center on 9/11 we have lost an amazing opportunity to create something beautiful and lasting. Page 6 of 15 City Council Meeting 8/16/11 John Tighe of Milton, New York stated in 1983 he joined the ‘Save the Carousel’. People may say this isn’t about politics but it is. A lot of people don’t want this Council to accomplish anything. That is why they are against this; that is why they were against the recreation center; that is why they are against the Waterfront Park. They want to prove this Council is not effective and the form of government doesn’t work. They are doing it to the detriment of the City and for their own political gains. Chris Mathiesen of 28 Friar Tuck Way stated he read in the paper today that the democrats are basing their campaign on this sculpture. He is a candidate for office and he doesn’t know anything about that. He read the mayor is looking into a committee to look into different locations. He thinks that is a good idea; there is no reason to rush into this. Katie Houser of Porters Corners stated she is an art historian. When negative space is spoken about it is the ‘see through’ space of the work. There is a lot of open space in this sculpture. She can understand placing it at the fire house for emotional reasons but it is also a monument looking forward. This is a way to bring different people together. Mayor Johnson closed the public comment period at 8:05 p.m. PRESENTATION Capital Program 2012-2017 Mayor Johnson explained the Capital Program for 2012 – 2017 has been a year in the making. Each department that comes forward with a project must present a cost and need for the project. The proposed Capital Program contains the following message from the mayor as the chair of the committee: Mayor’s Message on the 2012 Proposed Capital Program Our City Charter is specific in both the content of the Capital Program to be adopted by the City Council as well as designating the Mayor as the Chair of the Capital Program Committee. In conjunction with the Capital Program Committee, the Mayor is responsible for preparing the City’s Capital Program for a six year period, in this instance from 2012 through 2017. The Mayor is required to transmit the Capital Program projects recommended for the ensuing budget (for year 2012), along with the six year Capital Program, to the Finance Commissioner on or before September 15 each year to ensure its incorporation into the City’s annual Capital Budget. Prior to transmission to the Finance Commissioner, the proposed Capital Program must be submitted to the City Council for adoption. The proposed Capital Program must also be submitted to the City Council on or before the first regularly scheduled Council meeting in September of each year. Finally, our City Charter requires two public hearings to be scheduled prior to the Council’s final adoption of the six year Capital Program for 2012. Three hearings, one more than the two required under the City Charter, have been scheduled for August 16, 2011 at 6:50 pm, August 25, 2011 at 12:00 pm and September 6, 2011 at 6:50 pm. The deadline of September 15 for adoption of a proposed Capital Program by the City Council is to ensure that the program is ready sufficiently in advance of the overall deadline of November 30 for adoption of the City’s Comprehensive Budget. The eventual Comprehensive Budget shall consist of an Operational Budget, a Capital Budget, and a Debt Service Budget. The Capital Program, per the terms of the Charter, shall consist of capital projects and capital equipment, to be listed by department and contain recommended priorities. Please refer to the City Charter, Section 3.1.1, for the conditions required for each Capital Project to be included into the Capital Program. For 2012, the recommended projects are ranked by priority and confirmed sources of funding. Projects for which funding is presently contingent upon funding other than City bonding are not ranked by the Committee. Failure to assign a ranking to a project, for 2012, should not be construed as the project not being a priority. Rather, the funding for such projects is wholly dependent upon receiving contingency funds, such as grants or Federal and State appropriations, and was a realistic recognition by the Committee that such projects may not be accomplished in 2012. The composition of the Capital Program Committee is also dictated by the Charter and varies significantly in the otherwise ad hoc committees that can be formed to analyze City issues. The Capital Program Committee shall consist of one representative each from the Departments of Finance, Public Safety, Public Works, and Accounts; the City Planner; The City Engineer; Chair of the City Planning Board; a representative of the Recreation Commission; and the Administrator of Parks, Open Lands, and Historic Preservation. This year, as in prior years, there were additional representatives, notably the Risk and Safety Director, to address certain proposed projects and need analysis. However, in the event of disagreement on the inclusion of any proposed project into the Capital Program, only those committee members established by the Charter were entitled to vote and reach consensus. The City Charter also places limitations on bonding capabilities of the City under Section 11.2 of the City Charter, restricting the long term debt bonding of the City to 1% of the average full valuation of taxable real estate of the City, with any further increase in the City’s bonding limits to be Page 7 of 15 City Council Meeting 8/16/11 approved by voter referendum. By decision of the former City Council in 2006, the bonding capacity was increased to 2%, translating to a current bonding capability of $73,612,396. The City presently has long term debt bonds, excluding water fund bonded debt, totaling $25,869,677. Therefore, the net amount presently available for future bonding is approximately $47,700,000, to be in compliance with the overall debt limitation. This is the entire bonding capability remaining for all future years, not to be confused with what is available on a year by year basis. The Capital Program Committee reviewed a number of proposed capital projects for 2011 alone. Of the 17 projects recommended for 2012, totaling $5,565,188, there should be deducted $1,275,000 for water and sewer projects (Infrastructure improvement and replacement project, Water Treatment Plant Filter Upgrades and Wastewater Pump Stations Annual Upgrades), thereby reducing the proposed long term bond debt for 2012 to $4,290,188. By historical contrast, for 2008 the 2007 Capital Program Committee had recommended capital projects totaling $25,790,000 for bonding in 2008 alone. The 2008 committee had recommended $5,141,000 for bonding in 2009. The 2009 committee had recommended $1,650,000 for bonding in 2010, The 2010 committee had recommended $1,199,000 for bonding in 2011. Certainly, the 2012 Capital Program is significantly increased over the 2011 level due to the inclusion of a long awaited downtown parking solution in the amount of $2,582,000 in proposed bonding. Otherwise, the 2012 recommendations are more in line with the very conservative amounts proposed by this administration. The City Charter also clarifies, per Section 3.1.3, that the Mayor shall present to the City Council and the public the six year Capital Program “highlighting capital requests for the upcoming fiscal year to be included in the City’s annual Capital Budget”. Therefore, neither the City Council nor the Public should misconstrue any projects listed beyond the year 2012 as either approved for recommendation as actual Capital Projects to be undertaken, or as referendum on the viability and acceptance of such projects ultimately by the City Council and the public. Clearly, the City Council and the public have not decided whether future projects beyond 2012 will ultimately be undertaken by the City, but there was sufficient supporting financial documentation submitted to include them within the future projected years as potential projects. Accordingly, the overall projected cost of the entire six year program must not be viewed as any recommendation, by this Committee or the Mayor’s office, to actually undertake and accomplish all the projects beyond those actually recommended for 2012. Any particular action should not be viewed by the public as any referendum whatsoever by this Committee on whether the City should undertakeall projects. Rather, the decisions were difficult, but necessary, because all future projects cannot simply be bonded. The public should also be aware that the continuing economic downturn and pre-existing debt and obligations were significant factors in this Committee choosing to be fiscally conservative, again given the present economic forecast and continued uncertainty. In this message, I have attempted to present some insight and explanation for the recommendations now presented to the City Council and public for approval. I also wish to thank the Committee again this year for their dedication, cooperation and hard work. As your elected official, I feel compelled to provide some insight into the proposed program, while recognizing and respecting there may be differing opinions. In any event, I am sure the Committee joins me in expressing the intention to be fiscally responsible and conservative with your tax dollars. Respectfully submitted, Scott T. Johnson August 8, 2011 The Capital Program identifies projects and means of financing those projects over a 6 year period. The committee is made up of one representative from each of the following areas: Finance Department, Department of Public Safety, Department of Public Works, Accounts Department, Recreation Commission, City Planner, City Engineer, Chair of the Planning Board, and the Administrator of Parks, Open Lands, and Historic Preservation. They also include, although not required, Marilyn Rivers from risk and safety. They rank projects by priority with 1 being the highest. There are certain projects that have been identified to be done only if funding is received from other sources such as grant money. If a project isn’t ranked, it doesn’t mean it doesn’t have a need – just not making the list for 2012. The Committee was unanimous in vote for ranking of projects for 2012. The current long-term debt bonding capacity of the City is $73,612,396 of which approximately $47,700,000 can potentially be bonded. The recommended amount to bond is $5,565,188 for 2012 of which $1,275,000 is water and sewer bonds; which is excluded from the debt limit. The amount to be bonded that will be put to a vote by the City Council is not the amount that will actually be bonded but the amount we are authorized to bond. Things may still happen that will change the amount that will actually be bonded. One of the projects included in this capital program is a parking lot; which is $2.5 million dollars being scheduled for bonding. Department 2012 Capital Project Title Total Rank REQUESTS REQUIRING BONDING Finance Lake Avenue Fire Dept. Infrastructure Renovation Project $453,599 1 Mayor Woodlawn Avenue Parking Deck $2,582,000 2 DPW # Water Treatment Plant Filter Upgrades $825,000 3 DPW # $ Infrastructure ImprovementPage & 8 of 15 Replacement Project $350,000 4 Finance Time and Attendance System $60,000 5 Accounts Sound and Recording System $17,000 6 City Council Meeting 8/16/11 Mayor Johnson stated the parking deck will provide an additional 180 parking spaces and will be buildable to a 3rd level if needed. We will build a 2 level deck for cost effectiveness at this time. Building can be completed in 4 – 6 months; in time for next summer system. The satellite EMS station on the eastern plateau is planned to be built on the Waterfront Park property. Most emergency calls from that area are medical related. Mayor Johnson announced the next public hearings for the capital program are August 25, 2011 at noon, September 6, 2011 at 6:50 p.m. A vote must occur by September 15, 2011. Mayor Johnson re-opened the public hearing to the public at 8:42 p.m. Al Callucci of 9 Lexington Road stated #10 on the list should be done. Mayor Johnson closed the public hearing at 8:44 p.m. and broke for a recess. The Council returned from a recess at 8:55 p.m. *** Parking Deck – Mayor Johnson announced the proposed parking deck is the first public/private partnership. The Special Assessment District is contributing $750,000, a non-governmental source has committed to $250,000 towards the overall cost of the parking deck. Commissioner Franck and Mayor Johnson were involved from the beginning on this committee. Commissioner Franck stated there have been a number of proposals over his 6 years here. We just couldn’t afford it. This was never looked at as parking for the City Center; these are 180 new spots. This will be a fantastic project. Mayor Johnson also explained the cost for bonding is $180,000 per year based upon the $2.5 million being bonded. The additional parking spots will cover that cost by the additional sales tax generated. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 8/2/11 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 8/12/11 $421,606.60 5. Approve Payroll 8/5/11 $403,592.09 6. Approve Warrant 2011 Mid 11MWAUG1 $90,687.90 7. Approve Warrant 2011 Regular 11AUG2 $568,860.54 Ayes - All MAYOR’S DEPARTMENT Discussion: Time Warner Cable Franchise Agreement (11-242) Mayor Johnson stated they have been in discussion with Time Warner for some time. He will bring the proposal forward at the next meeting. This is a complex negotiation to provide better services for the City and recapture some revenue. The agreement is posted for the Council to review. Changes made to the proposed contract include: an increase in franchise fees from 3% to 5%; allowing for automatic increase of franchise fees if law later allows for an increase; better reporting to the City as a bookkeeping measure; and receive payments on a quarterly basis rather than an annual basis. This is a non-exclusive agreement. Page 9 of 15 City Council Meeting 8/16/11 We will also have greater access for the transmission of public education and government programs, allow for increased feed, and provide greater access to the high school. We do not received fees for internet services. Set Public Hearing: Time Warner Cable Franchise Agreement Mayor Johnson set public hearings for Sept 6, 2011 at 6:40 p.m. and Sept. 20, 2011 at 6:50 p.m. Discussion and Vote: Authorization for Mayor to Sign the Saratoga County Board of Supervisor’s Youth Week Activity Reimbursement Agreement 2011 (11-243) Mayor Johnson stated this is an annual agreement where City is reimbursed up to $3,450 for the Youth Week event. Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to enter into the agreement. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Landmark Archeology, Inc. for Archeaology Review Phase II at Waterfront Park Site (11-244) Mayor Johnson stated this is for a Phase II type review which surfaced during the Phase 1 review. Due to certain shallow soil conditions found during Phase I, we are required we go to Phase II. The amount of Phase II is $9,997.75 Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the agreement. Ayes - All Discussion and Vote: Authorization for City Council to Approve Resolution for City to Seek NYS Grand Funding for Continuation of Waterfront Park Development (11-245) Mayor Johnson stated at the last meeting the Council voted to authorize the City to apply for a 2011 NYS grant. This is a resolution that NYS requires to proceed with that grant. He asked for the waiving of the reading of the resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A RESOLUTION AUTHORIZING APPLICATION TO THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION IN ACCORDANCE WITH TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 FOR IMPROVEMENTS TO WATERFRONT PARK DEVELOPMENT Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Richard Wirth WHEREAS, The development and maintenance of parks, recreation lands and programs available to all citizens of the City of Saratoga Springs is deemed to be essential to the community’s well being, health and welfare, and WHEREAS, The City’s commitment to such a comprehensive parks and recreation program is manifest in its adopted policies and the Community Land Preservation initiative approved at voter referendum in2002, and WHEREAS, as a result of said policies and initiatives the City has acquired a 3.5 acre property on Saratoga Lake known as “Waterfront Park:, and WHEREAS, A citizen group known as the Waterfront Committee have prepared “The Waterfront Park Committee Report” and submitted same to the City Council as a guide for the appropriate development of Waterfront Park, and Page 10 of 15 City Council Meeting 8/16/11 WHEREAS, This City Council entered into contract with the LA Group to prepare, consistent with “The Waterfront Park Committee Report”, a final development strategy for “waterfront Park”, and WHEREAS, this City Council desires to use all available aid and assistance to make appropriate improvements to Waterfront Park consistent with the “Master Plan for the City of Saratoga Springs Waterfront Park” prepared by the said LA Group and dated February 2, 2009, and WHEREAS, The New York State Office of Parks, Recreation and Historic Preservation has funded the 2009 Grant Application for said Waterfront Park in the amount of $200,000 for partial completion of Phase 1 of the “Master Plan” prepared by the LA Group, and WHEREASE, The New York State Office of Parks, Recreation and Historic Preservation has invited funding proposals in 2011 in accordance with the New York State Parks Grant Program for park, recreation and conservation purposes, and WHEREAS, This City Council desires to seek such available funding assistance, and WHEREAS, Said communities must provide an equal match in cash and/or in-kind services, and WHEREAS, The City of Saratoga Springs has a total of $400,000 in eligible matching funds through a combination of in-kind services, proceeds from the City’s Recreation Fund, and available Open Space Bond Act and General Obligation Bond funding, now therefore, BE IT RESOLVED, that the mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance for development of Waterfront Park and, if appropriate, a conservation easement or preservation covenant to the deed of the assisted property. Mayor Johnson moved and Commissioner Wirth seconded to approve the resolution on behalf of the City. Ayes - All Discussion: Tempered by Memory Sculpture Mayor Johnson stated a lot of comment was heard this evening on this issue. He thought this was put to rest in January when they unanimously voted to place the sculpture at the City Center. As known, we are looking at other sites of which the Visitor Center was the next chosen site. Lately that site has been faced with opposition. The Council wants to recognize the importance of the sculpture and what it represents. Whatever they do they have an obligation to do what is right for the City on a permanent basis. He recognizes the tenth anniversary of 9/11 is fast approaching. It would be inappropriate to place the sculpture on a tight corner by the City Center. The choice they have to make now is where to allow this sculpture to be erected, which is already behind schedule to make the 9/11 date – however it is possible. It is the Council’s opinion that proper vision of the site by the community is done. The plan is to have a ceremony on the tenth anniversary and give the public the opportunity to see the sculpture on that day. Forming a committee will remove any inference that politics is involved. He asked each Council member to provide 2 names they would like to see make up the committee. He would also like to see City personnel, such as the City engineer and someone from the Fire Department included on this committee. Commissioner Franck stated half the arguments he heard today was about the look of the statue. The Council accepted the sculpture a long time ago. He feels this is an absolutely outstanding piece of art. The mass and scale of the sculpture is too large for the Visitor Center lot even though the location is great. He believes the eastern side of Congress Park is a great place for it. We should celebrate the sculpture and bring it out. The committee should include the sculptor, a fireman, and a family member of a 9/11 victim. This is not politics. You have to walk and listen to the people on the streets. Commissioner Ivins stated forming a committee is a good idea. He stated he does not have all the facts and the committee can pull this information together. Commissioner Scirocco stated he was in aw the first time he saw the sculpture. It is a big sculpture and there aren’t too many locations in the City where it could go. Congress Park might be a good alternative but it needs to be in clear public view. He likes the idea of placing it at the Visitor Center. We received the ‘ok’ from Design Review and from Parks and Recreation. Commissioner Wirth stated he looked at the sculpture. He agrees a ceremony should be held on that day and the sculpture should be placed in Congress Park because that is where we have the space. We will need the space on that day for all who will be attending. ACCOUNTS DEPARTMENT Page 11 of 15 City Council Meeting 8/16/11 Presentation: SARA Grant Project Commissioner Franck stated as the City’s Records Management Officer, one of his duties is to address records management problems to enhance records and information retrieval and improve information access. In 2010 funds were received from the Local Government Records Management Improvement fund to assist the Office of Planning and Economic Development in the management of their inactive records. The funding for this project ended June 30, 2011. He asked Nancy Wagner to further explain. Nancy Wagner advised the official start of the records project is when the first payment of 50% of the award is received, which is typically in August. Because of the instability of the state budget in 2010 the initial payment was not received until mid December 2010 but at that time it was verbally conveyed there would be an extension of the time allowed to conduct the project. The second payment came in February 2011 along with a retraction of the extension and a notice that temporary clerks must cease work and project expenditures must end on June 30. Regardless of the delays, the following was accomplished: o 200 cubic feet of building maps and specifications were removed from a safe in Public Safety so that safe is now re-claimed storage space for the Public Safety Office. o A total of 610 cubic feet of files were reviewed and purged. o 289 cubic feet of records deemed to be obsolete and past the state’s required retention periods were disposed. o There is now 126 cubic feet of shelf space for future growth in land use board files. o Over 220 non-compliant unsafe record boxes were replaced with standard cubic foot record cartons because one of our goals was to make the inactive storage area safer. Nancy also advised the project finished under budget; primarily due to the lack of time we had to spend the money. Funds were spent on shelving, standard record boxes, a rolling utility cart, folders, a shredding service and support staff. She thanked all who were involved in assisting with this project. She is in the process of creating records retention guides and indexes to help maintain the orderliness that currently exists and a needs assessment will be developed to determine what can and should be done to continue the effective management of the abundant records of this department. The improved access to information and streamlined filing increases the efficiency of the office and augments information sharing and communication between City departments that frequently reference these files including Code, City Attorney, Engineering and Accounts, which is one of the primary goals of the City’s record management program. The results of this project include the provision of better and more efficient support to the Office of Planning and Economic Development and to members of the public. It is a direct benefit to the taxpayer because improved accessibility of information facilitates prompt accurate answers to property owner’s questions and ensures a faster and thorough response to freedom of information requests. Award of Bid: Sign Inventory & Management Program (11-246) Commissioner Franck moved and Commissioner Wirth seconded to award the bid for the Sign Inventory & Management Program to 3M. Ayes - All FINANCE DEPARTMENT Discussion and Vote: Department of Public Safety Payroll Transfers (11-247) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Public Safety payroll transfers as previously distributed to the Council. Ayes - All Page 12 of 15 City Council Meeting 8/16/11 Discussion and Vote: Finance Department Payroll Transfers (11-248) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Finance Department payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (11-249) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Ayes – All Discussion and Vote: Recreation Payroll Transfers (11-250) Commissioner Ivins moved and Mayor Johnson seconded to approve the Recreation payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Updates to Finance Policies & Procedures (11-251) Commissioner Ivins moved and Commissioner Wirth seconded to approve the updates to the finance policies and procedures as previously distributed to the Council. Commissioner Ivins explained one is an annual update to the certification of sufficient funds and includes minor updates and a more user friendly form. The second is a new fund balance policy. This is necessary to comply with GASB54. Ayes - All Appointment: Deputy Commissioner Commissioner Ivins stated he is officially appointing Gerry Lundgren to the position of Deputy Commissioner of Finance effective September 6, 2011. Discussion: City Finances Commissioner Ivins stated as of the latest sales tax distribution, we are 2.6% ahead of 2010. We have received mortgage tax distribution through July. We are at 33% of 2010. Mortgage tax runs from October through September. ***Commissioner Ivins thanked Deputy Commissioner Kate Jarosh for all she has done for the past 3+ years. She leaves the City in a better position than when she started.*** PUBLIC WORKS DEPARTMENT Announcement: The Veteran’s Memorial Brick Program Commissioner Scirocco stated the Department of Public Works is taking orders for memorial bricks until September 9, 2011. This will allow the bricks to be in place by Veteran’s Day. There are currently 2,168 Page 13 of 15 City Council Meeting 8/16/11 bricks in Congress Park. Applications are available at the office or on the City’s website and the cost is $50 per brick. Announcement: Casino Sidewalk Commissioner Scirocco advised the project started August 8th. The brick sidewalk and stairs have been removed. The cheek walls of the stairs had no footings and were unstable. New footings will be installed for the steps and the excavation for the walkway is scheduled to begin the week of August 22nd. The project is on schedule and going well. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with 3M Co. (11-252) Commissioner Wirth stated this is to conduct a study of City traffic signs and is a capital project. This is part of a 4 year project to replace the signs with more reflective signs. Commissioner Wirth moved and Commissioner Scirocco seconded to authorize the mayor to sign the contract with the 3M Company. Ayes - All SUPERVISORS Joanne Yepsen County Board of Supervisors’ Meeting Supervisor Yepsen reported they had 12 resolutions on the table and all passed. Money from the state has been passed along for mental health contracts, to Saratoga Bridges, Franklin Community Center, etc. They also authorized a 5 year renewal agreement with Verizon for an enhanced 911 system. US Coast Guard Band Supervisor Yepsen reported the US Coast Guard Band will be at SPAC on Sept. 17th at 2 p.m. This is a free concert. Tickets are available in the City Clerk’s Office and the Mayor’s Office. Pro Act Supervisor Yepsen reported this program was passed in 2009 and provides discounts on prescription drugs. In 2009 there were about 6,000 claims with a savings of approximately $140,000; in 2010 there were approximately 26,000 claims with a savings of approximately $890,000; and to date in 2011 there are approximately 20,000 claims with a savings of approximately $800,000. Sustainable Saratoga Supervisor Yepsen reported there are a number of events coming up. They are coordinating with the Healthy Living Expo. She thanked the committee for working hard and advised the public of the webpage - sustainablesaratoga.com. Matt Veitch Deputy Commissioner Kate Jarosh read a message from Supervisor Veitch. Supervisor Veitch is out of the area due to work commitments. He can be reached by e-mail and phone. Page 14 of 15 City Council Meeting 8/16/11 ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:25 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 9/6/11 Vote: 5 - 0 Page 15 of 15