City Council

City Council Meeting Minutes Tuesday, December 4, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY DECEMBER 4, 2001 Present: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Bernard Mirling Staff Present: City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Carol Kennedy Also Present: Supervisor Anthony Scirocco Supervisor Phil Klein, excused PUBLIC HEARING: Proposed Local Law No. 8 2001, Taxi Ordinance Mayor Klotz opened the public hearing at 6:30 pm. He called upon Assistant City Attorney Tony Izzo to explain the law and the changes proposed. Tony Izzo said that the last time this ordinance had been amended was in 1988. He said that this proposal changes the zone system; the fee structure, mandates shields and gives 18 months for compliance, requires no-smoking signs, deletes shared ride concept that was in the last proposal that was tabled in October; and stipulates that any child under twelve hiring a taxi must have the consent of an adult. Tony said that the zone system, section 215-12 reduces the number of zones to four and attempts to simplify it. Commissioner McTygue asked why the committee has insisted on shields and what happens in case the driver didn't want a shield. Gail Capobianco of the taxi committee said that the committee reviewed a number of studies showing that the shields reduced crime and protected the drivers and offers protection for the passenger, and do not interfere with communication with the driver. She said that if the driver chooses to let someone sit in the front of the taxi, that is their choice. She said that the shields are not expensive, are a good safety feature and the drivers have been given eighteen months to have them installed in their cars. Larry Kupper, President of Saratoga Taxi and George's Ballston Taxi, said he was surprised to be here again just a few weeks after the original proposal was tabled. He said that he had expected to be included in a meeting with other owners, drivers, the committee members and the Commissioner to discuss problems with the proposed ordinance. He said there was no meeting, but instead they made a few minor changes without sitting down to listen to the concerns of the taxi owners and drivers, and tried to push the proposal through the process. He said the ordinance puts an undue burden on the owners and with all respect, their point of view should have been solicited and considered before making the changes, especially for the second time. Larry Kupper referred to section 215-15 paragraph C, referring to the marking of taxicabs, that all taxi cabs of the same company shall be painted the same color at the discretion of the Commissioner of Page 1 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Accounts. Mr. Kupper said the name of the company is on the top-light and the side panels and people know whom they called. He questioned why the entire vehicle had to be re-painted, and re-lettered to be in compliance with the ordinance. He said that to comply with this regulation will cost him about $4500, and since no leeway of time was given like the eighteen months for the shields, the rule could be immediately enforced. He said he does not see the necessity of this clause. Mr. Kupper commented that he does not think that the Commissioners should pass the ordinance if it is going to create hardship on the owners and drivers. His strongest objection is that the owners and drivers were not invited to sit down and discuss the revisions with the Commissioner. Commissioner McTygue said that Mr. Kupper had objected to the Shared Ride clause and that was eliminated. He asked Larry Kupper to list his other objections. Mr. Kupper said that a fingerprinting fee was included of $50.00 and a new paragraph that calls for motor vehicle inspections every six months, which is excessive since the Department of Motor Vehicles mandated inspections every year. He said that if there is a reason, a basis for change, then those in the taxi business should be apprised as to what that basis is, such as dilapidated cars. He said that rates were changed but the zones have been the same for 22 years and yet they are changed in the proposed ordinance. He said that with the change, a driver could stay on the outer edge of the City and travel miles for six dollars. He said that none of these changes is in response to any public outcry. He said he believes that the committee which did not include anyone in the taxi business did the changes. Tony Izzo commented and Gail Capobianco affirmed that that the provision on the marking of the taxis has been in the ordinance but the change to reflect different paint was a long-term thought that in the future it would be a better identification process. Gail Capobianco said that all meetings were open and she personally called all owners to each meeting. She said that of the ones that attended, some voiced their opinion and just because they didn't get everything they wanted does not mean they weren't heard. She said that between the suggestions of the owners and drivers that attended the meetings and the research that the committee did, they came up with what was thought to be the best recommendations for the proposed ordinance. She said the committee met repeatedly over a nine-month period and reviewed the existing ordinance and the proposal line after line, with only a few closed sessions. She said that nothing was done behind anyone's back, the committee was open and begged the owners for information. Mr. Kupper commented hat the primary reason given by the committee representative here tonight is that someday the changes will be applicable to conditions in the City, but now, they are not because crime is not high, there are not twenty taxi companies in Saratoga Springs, and cars are not falling apart. Brett Peak of Capitaland Taxi said that he operates taxis in five different Cities and there are differences in rates and rate structures, but most of the proposed ordinance is similar or exactly the same as ones in these other areas. He said that he attended every meeting and had input at each one and although he doe not agree with every thing, he believes that the committee has accomplished its goals. He said that rate increases are needed because his costs have been Page 2 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 escalating especially insurance and fuel. He said that his main goal in the process was to get a rate increase and although he does not like the proposed zones, he can live with them. He said that in New York State, any municipality with a population over 75,000 must have shields in all taxis. He said that he has shields in all of his taxis because they protect drivers, and he hires women, so it was worth it to provide safety for workers comp purposes. He said that with shields, not having them always results in a public outcry for them when something happens. He said he has had no complaints from the drivers about the shields. He said he doesn't know why the other companies are not begging for them, especially in light of the incident of this past summer. He said that it is up to the drivers whether they allow someone to ride in the front. Mr. Peek said in regard to fingerprints, the fifty dollars is payable to the Department of Criminal Justice Services for a criminal background check, and it is a one-time charge. He said that his company covers the cost for their drivers. He said pertaining to the colors of vehicles, he wants to be separated and stand out from the other companies. He said in summary that the changes have accomplished the goals of changing a 40 to 50 year old ordinance to bring it up to date. John Lasher, 20 Albany Street, said that shields are not necessary because this is a unique City, not Albany, Schenectady or Troy, and here the drivers do not just drive a cab, they wait on people. They are personable to people and he resents the shields and sees them as a barrier to the kind of service he provides. Commissioner Curley said that for a point of clarification there is a ten dollar fee charged by the Saratoga Springs Police Department for fingerprinting, and a mandatory fifty dollar charge payable to the New York State Department of Criminal Justice Services for a background check which is not a City charge. Stephen Towne, East Avenue, Accounts Commissioner elect, said that he was not at the City Council meeting when this amended ordinance was first discussed, and it was obviously a heated discussion sufficient to table the vote at the time. He said that it is his understanding that there has been no re-convening of the Taxi Committee, and there has been no communication with the vested parties that are impacted by this ordinance, so any changes put forth in this proposal have been unilaterally made by the current Commissioner, which he finds at odds with the open government approach that was advocated during that commissioner's administration He encourages the council to entertain the idea of tabling the vote until he can have an opportunity when he takes office to examine it and make any changes he deems appropriate. John Lewis of J.J.'s Taxi said that he needs to be able to put his seat all the way back to stretch his legs because of his arthritis, so shields would be so detrimental to him that he would no longer be able to stay in business. He also finds that shields make it almost impossible for large people to fit into the back seat. Gene Fallick, driver for Saratoga Taxi, said that shields should be an option. He said that he is six feet eight inches tall so he has no room in a car with a shield. He said that shields also impede ventilation. He said he has been in the taxi business for years and never had a shield in a taxi. He said that in Saratoga Springs, you know almost everyone you pick up and he has never had a problem, even in August. He said that in regard to mandating fingerprinting, if there are problems out there, the Commissioner of Accounts Office licenses these drivers so if there are complaints, Page 3 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 then they should be bringing the drivers in and reviewing their license and possibly suspending the license. He said that as far as the rates go, transporting Senior Citizens to Care Lane, 1 West Avenue, for four dollars is too much money. He said that from Stonequist to 1 West Avenue, they just had to raise it to $2.50, now the ordinance says $4.00. He said that the seniors do not own cars, and most no longer drive. He said that the new rates have drivers going from the south end of the lake to Geyser Crest for six dollars, when right now that rate is $9.75. He said that he does not know where the rates came from. Richard Madarassy of Saratoga Taxi said that retaining the same zones that are in existence now and raising the rates fifty cents across the board would have been sufficient with the Seniors getting fifty cents off. Mr. Madarassy said that only Brett Peek was included in the discussion on rates. Commissioner Mirling said that every member of every cab company and every member of the public were invited to every meeting and cab owners were not just invited in general, they were invited by telephone. Rich Madarassy said he was asked to observe only, but Brett Peek was asked to participate. Gail Capobianco said that the committee solicited opinions from those who attended the meetings and then went into private session so they could discuss things without interruption. She said that the committee did what they thought was best for the general public with the understanding that not everything is going to seem equitable to every one. Brett Peek said that he voluntarily submitted a rate proposal and his rates were higher, with the mileage taken into account, and the committee did not accept his proposal. He said his main purpose in this is to get a rate increase. Mr. Kupper said that he has gone to four meetings in 22 years. He said that prior to this, every thing was worked out ahead of time in private session and formally approved at the public City Council meetings without surprises. He said that this is terrible, and the proposed ordinance will cripple the smaller taxi businesses. He mentioned that Capitaland is yellow and Mr. Peek probably wants it to remain yellow, so who is going to determine the color of the taxis and by what method. He said that this needs to be worked out so everyone can come before the council unified and ask the council for ratification. He said this approach is splintered and is creating an unfair mess. Mr. Lasher said that the Mayor and the other four Commissioners have a mandate to the people and rather than usurp the people's trust the issue should be tabled until Mr. Towne can take office. Mayor Klotz said that everyone at the table has been elected to serve until December 31.. Mr. Edward Skinkle, Dispatcher for Saratoga Taxi said that the proposal is bad for drivers, owners, and Seniors, everyone the council is trying to help. Commissioner Mirling said that the rates established here are maximum rates and the companies can offer lower rates if they so choose and there is a fifty-cent discount for Senior Citizens. Tony Izzo confirmed this. He said that the companies can charge less, the rates set forth are maximum rates. Page 4 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Edward Skinkle said Saratoga Taxi has never charged maximum rates. He said that they charge seventy-five cents extra per person. He implored the City Council to table this and bring in Mr. Towne and discuss it with some other drivers, customers, and work out the provisions of the ordinance with the people in the business. Anthony Yeakle, Driver and dispatcher for Saratoga Taxi said that everyone with the company supports what the owner, Larry Kupper said. He said that over 80% of the taxis in America are yellow, so why can't anyone paint their cab yellow if they desired since basically that is how many people recognize a taxi. He said that the owners should be able to paint their cab any color they wish. He said the sixty dollars for the fingerprints and background check is too much for most drivers to afford. He said that the motor vehicle fees are high and renewable each year. He urged the council to table the ordinance. Mayor Klotz closed the public hearing on the taxi ordinance at 7:30 pm. PUBLIC HEARING: Proposed Local Law #9 2001, Deputy Mayor Mayor Klotz opened the public hearing at 7:35. He explained that the Charter Review Commission reviewed Section C-25 of the existing charter, particularly the statement "Each Commissioner shall be entitled to such deputies, employees and laborers, at such compensation ...with appointments to be made by the head of each department." Mayor Klotz said that discussion at Charter Review and ultimate inclusion in the revised City Charter, which goes into effect January 2004, was that the Mayor be included in this statement to allow for the option to have a Deputy Mayor. Tony Izzo said that this is not a provision that automatically allows that there shall be a Deputy Mayor, but rather it is a provision that puts the Mayor on equal footing with other members of the council with regard to the deputies, employees and laborers that the Mayor may be hiring for the Mayor's Office. Assistant City Attorney said that he added the three words at the beginning of the statement, "The Mayor and" to the existing 1917 section of the charter. The Mayor said that the provision and the rest of the revised City Charter would automatically go into effect January 1, 2004 because of the ratification of the new City Charter on November 6, Election Day. Mayor Klotz said that the passing of this particular local law would create a bridge that would allow the appointment of a Deputy Mayor to occur prior to the official implementation of the revised City Charter. Lee Nelson of Underwood Drive, member of the Charter Review Commission, said that as the commission carefully studied the functions of the Mayor's and the other offices, it became increasingly clear that the Mayor's Office has administrative responsibilities as other offices do. She said she is pleased that the City Council is thinking ahead and planning ahead because the on January 1, 2004, business will not be just like it is now, and to have the Council making provisions for adding help to the Mayor. She said that there really needs to be in the Mayor's Office very concrete help and this transitional period will make such a difference to the City of Saratoga Springs as they move in toward January 1, 2004 and she commends the council for their actions. Page 5 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Mary Song, Spring Street said that the City passed the Revised City Charter and they have retained the Commission form of government, and this Local Law puts the Mayor on equal footing with other Commissioners. She said that perhaps the existing exempt position in the Mayor's Office could become a clerical, Civil Service position or that position could be upgraded to the position of Deputy Mayor and a clerical Civil Service position could be added with only the Deputy as an exempt position rather than both positions. Steve Towne, of East Avenue said there are great recommendations in the Charter. He said that the proposal under discussion now is fine but has been taken out of context of the other recommendations. He said that the council should table, review, and determine which new Charter provisions can be accelerated as the Charter Review Commission suggested. He said that he is not being political, and that he is in favor of this proposal but he thinks that in terms of accelerating some of the provisions, the council might want to consider implementing the changes in a more comprehensive manner rather than piece-meal. Elio Del-Sette, Rock Street said that there is going to be a two year period in which a lot of matters are going to have to be considered and they are going to involve a lot of money. He said for example, the Mayor is going to have to draw up job specifications for three offices. He said there is going to have to be a lot of consideration given to the shifting of personnel. He said there is going to be a lot of preparation in which the City Council and the entire government of the City of Saratoga Springs has to be involved. Mr. Del-Sette commented that since the money has been appropriated and is in the budget, and since the citizens of Saratoga Springs ratified the charter, essentially saying to give the Mayor a Deputy because it will be necessary for the efficient, effective operation of the government, and most the council agrees, the public has agreed, the surveys agree, so now is the time to say "Yes" to a Deputy Mayor because there is a lot more coming in the transitional period over the next two years. He said that this is one important step, one of many to be taken prior to January 1, 2004, that would give the Mayor an opportunity to select a competent individual that could make all the necessary adjustments just like all the other Deputies do on behalf of their Commissioners. He said he would like to encourage the City Council to adopt the local law just because it is needed. Mayor Klotz closed the Public Hearing on proposed Local Law number 9 at 7:35 pm. CALL TO ORDER Mayor Klotz called the City Council meeting to order at 7:40 pm. Privilege of the floor: Stephen Towne Stephen Towne said that the last month he tried in many ways to get himself up to speed to enable him so there would be little set-up time once he took office., He said that part of that includes calling and setting up times to get together with the other Commissioners and the Mayor to start relationship-building, get to know each other, and to know how to work together. He has also met with a variety of leaders within the community and tried to get an appreciation of some of the issues facing the new council. He said that as he looked at the agenda, he noticed some items that should not be acted on this evening. First, he asked the council to consider tabling the Taxi Page 6 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Ordinance until he takes office, reviews it within a reasonable time frame, re-submit it for a vote after having a chance to be involved more intimately with some of the nuances of the ordinance to see if he could find a better balance than what is out there right now. Secondly, he said he submitted a letter to Commissioner Mirling and sent the copy to the other Commissioners and Mayor asking that the council suspend all professional service approvals to be rendered on behalf of the Niagara Mohawk Certiorari lawsuit. He said that Ben's response was that this is not an option and not in the best interest of the City, nor of the proceedings that were going on. He said that in Ben's letter, he did indicate that he did not intend to take any action between now and January that would alter the status quo that would result in anything but routine costs. He said that looking at the agenda, he noticed item number 5, approval of the MDI Contract which is an association recommended by Lew Lewis as an appraiser. He suspects this is a request for approval of a contract which would be for about $56,000. He struggles with the definition of routine costs since an item for $56,000 for an appraisal is on the agenda. He respectfully asked Commissioner Mirling to table strategy on Ni-Mo and the MDI contract be until he takes office and with a short lead in time, review the contracts and documents and either approve existing strategy and move forward or make changes. Mr. Towne said that on the Purchasing Guidelines, during the past year there have been 139 waives of bid by the City Council which indicates clearly that the current Purchasing Guidelines are not working. He said since he is within thirty days of taking office, he would like the vote on the new Purchasing Guidelines to be tabled until he has an opportunity to review them. He said the guidelines were not sent to him, and he feels that the City of Saratoga Springs would be better served if he could receive items like this so he is able to "hit the ground running" when he takes office. Commissioner McTygue asked Commissioner elect Towne if he wanted them to close down and wait until he gets here. He said that they have a business to run here and there are things to do. Stephen Towne said that the other issue he had was about J. Ryan. He said that he was called by a reporter asking him about a report from J. Ryan that he had not seen Mr. Towne objected to the fact that a reporter had the report and he, the Commissioner elect to the office affected by the report did not. He said the reporter had the report on the 24th and it was distributed to the City Council on the 27th . He said that inclusion in such issues would enable the incoming Commissioners to work together more effectively as a unit. He said that apparently there is no protocol for the change in administration. He asked the City Council to strongly consider adopting some protocol for incoming Commissioners or Mayor. MAYOR'S DEPARTMENT Waive of Bid: Xerox Page 7 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve a waive of bid for a Xerox copy machine for the City Engineer's Office at a cost of $1,977 in the first year. Mayor Klotz said that the money is in the budget for this item. Ayes all Authorization for Mayor to Sign Agreement with Salt Lake City Olympic Committee (01-237) Tony Izzo explained that the City is on the route for the torch procession for the 2002 Winter Olympic Games this year. He said that the Salt Lake City Olympic Committee has requested that the City sign an agreement to ensure that there will be adequate Police/Fire/EMS protection and to establish guidelines in case the City wanted to use any of the emblems or symbols that are copyrighted. In signing the agreement the City is accepting the rules and guidelines established by the Olympic Committee regarding the torch procession. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the agreement with the Salt Lake City Olympic Committee. Commissioner Lenz asked if Commissioner Curley was ok with the agreement since a lot of the stipulations are under his jurisdiction. Commissioner Curley said that this is not unprecedented since the torch run for the Lake Placid Olympic Games came through the City and there is probably an established format. He said he has no problem providing the requested services. Ayes all Vote: Deputy Mayor (01-238) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve proposed Local Law number nine to amend Section C-25 of the City Charter to add the option of a Deputy Mayor. Commissioner Lenz said that on January 1, 2004 the revised City Charter should be ready to implement. He asked Assistant Tony Izzo to prepare a report as to what changes are needed, what requires a Public Hearing, or other special council action. Tony Izzo said that if the process is not done expeditiously and thoroughly, some changes might require another referendum Commissioner Lenz said that Linda Benton has been an excellent Executive Assistant and he hopes that she is on the short list of potential deputies. He asked Mayor Klotz to review the workings of the office since it may be more cost effective to have the Deputy and one Civil Service employee instead of a Deputy and an Executive Assistant. He said that at this time the combination of the two salaries is near $100,000. He said that this plus the Health Insurance for the two positions would necessitate about a 1% tax increase. Mayor Klotz said that he understands that this calls for a lot of thought and consideration and if the City implemented all of the charter changes at once, it would hamstring itself. He said that taking things in order might be the way to go. Commissioner Lenz said that this is a learning process and Tony has an institution of knowledge to guide the council in the implementation of the new City Charter. Elio Del-Sette a member of the Civil Service Commissioner and of the Charter Commission said that the next two years is the transition period. He advised the council to take it cautiously until Page 8 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 the different non-personnel matters are decided on. He said there will be changes, so the council should work with Civil Service and be careful to implement revenue neutral. Ayes all Appointments (01-239) Mayor Klotz announced the appointment of the following individuals to the City Center task Force: Gordon Boyd, Chairman, Mike Toohey, Mark Baker, Bill Dake, Gavin Landry, John Muse, Kathy Smith, Melanie Dallas, and Steve Sullivan. He announced the appointment of John Goldberg to the Assessment Review Board. Announcement: NOFA – 2002 CDBG Entitlement Grant Applications Mayor Klotz explained that NOFA means notice of funding availability and Brad Birge said that it is time to begin process for 2002 Community Development Block Grant. This year the Federal Government is awarding the City $454,000 and he will be releasing applications to those organizations wishing to apply for funds on Thursday December 6 at 6:30 in the City Court room,. and the requirements and responsibilities will be explained then. He said applications must be submitted by 4:30 January 31, 2002. Announcement: Continuum of Care Award - $731,700 (01-240) Brad Birge announced the receipt of the Continuum of Care award in the amount of $731,700. He said this is a collaborative effort between the City Community Development Office, City Housing, and the County Housing and Service Providers. He said that the funding will be distributed over a five year period to provide rental assistance to eligible individuals within the City and within the County. He extended appreciation to the New York State Housing Coalition and to Linda Glasby who provided technical assistance. Mayor Klotz said that the funds are spread throughout the County and the City will field requests. Brad explained that the City Community Development Office will be administering the total grant, but the bulk of the funds will go to actual tenant subsidies. He said that the Saratoga Springs Housing Authority will be managing the rental subsidies within the City and the Saratoga County Rural Preservation Company will be administering the rental subsidies within the County. He said both of these agencies have Section 8 programs and this grant provides additional funding for those programs. Subordination Authorization for South Franklin Street Home (01-241) Brad Birge said that when the SHIP housing was created on South Franklin Street the City provided a deed covenant ensuring that for a ten-year period, it would be for affordability. He said that in addition to that deed covenant, the City also has a second mortgage for what became a forty thousand dollar subsidy for each of those homes. He explained that one of the homeowners is seeking to re-finance for a lower monthly rate at a lower interest rate, saving the owner a large amount of money. He said that the owners are requesting subordination authorization from the City for this process. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve subordination authorization for the re-financing process of the South Franklin Street home. Ayes all. Page 9 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Correction of 8/15/00 City Council Minutes Mayor Klotz explained that a typo in the August 15, 2000 City Council minutes listed an amount for a rehab grant as $5600 instead of $5650, so in order to have the accurate information officially on file, the minutes need to be corrected. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to correct the original amendment of August 15, 2000 for the rehabilitation grant at 9 Jaipur Lane to the amount of $5650. Ayes all Marriage Officer Resolution (01-242) Mayor Klotz said that in order to renew the appointment of J. Michael O'Connell as a Marriage Counselor, the City Council must agree to authorize the Mayor to sign a resolution for the two- year appointment. He said that J. Michael O'Connell has been a Marriage Officer for a number of years and would like to continue that office for two years. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve a resolution authorizing the appointment of J. Michael O'Connell as a marriage officer for a period of two years, from 1/1/02 through 12/31/03. Ayes all Announcement Mayor Klotz announced that there is an inauguration ceremony scheduled for the incoming City Council January 1, 2002 at 11 am in council chambers which will be followed by a very brief City Council meeting for the purpose of the introduction of appointees. Mayor Klotz said that the regular City Council meeting is going to be Wednesday night, January 2. ACCOUNTS DEPARTMENT Approval of the minutes of the November 7 City Council Meeting and the November 23 Budget Workshop Meeting Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the minutes of the November 7 City Council Meeting and the November 23 Budget Workshop Meeting. Ayes all Appointments: Commissioner of Deeds Commissioner Mirling announced the appointments of the following individuals as Commissioner of Deeds for a period of two years: Sheila Brooks William Crandall Patricia Muziker Michael Biss J. Michael O'Connell Gary Perkins Lynne Wilcox Warren Wildy Vote: Local Law #8 Taxi Ordinance Page 10 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Commissioner Mirling pulled this item from his agenda. Ratification of Previous Approval by Memo: Award of Bid: Casino Drainage Improvements (01- 243) Upon the recommendation of the Engineering Department and the Department of Public Works, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to ratify the previous approval by memo of the award of bid for the Casino East Wall Drainage Improvements to Sunrise Enterprise of Scotia in the amount of $76,500. Commissioner McTygue said that this money is in the capital budget for this project. Approve MDI Contract Commissioner Mirling pulled this item from his agenda. Discussion: J.F. Ryan Report Commissioner Mirling introduced John Ryan from J.F. Ryan to give a presentation on the report he has developed. Mr. Ryan said that the City retained his firm in August to undertake a study of the current assessments in the City with the idea of implementing an annual reassessment program. He explained that this is a program that the State of New York is encouraging Cities and towns throughout the State to undertake in order to maintain their property assessments and ultimately their property taxes uniformly for all property owners in each and every municipality within the state. He said that they undertook the study and presented the report to the City the first week in November. Mr. Ryan said in summary, the City completed a revaluation in 1998 and in theory the further out from a revaluation, the harder it is to update it. He said they found that the current assessments in the City due to a number of issues relative to changes in market conditions and some technical issues relative to some existing assessments, the property assessments fail to meet the standards of level assessment (market value) and they are not uniform. He said there is a fairly substantial non-uniformity of assessments across all property classes. He said they outlined to the City several options including 1) a Factoring program, a bottom-line adjustments of the existing assessments, will not work because it will not address the underlying inequities in the assessments that exist in this City today. 2) Some type of intermediate program, short of a full revaluation, but more than a factoring program where the City would undertake a comprehensive analysis of all the recent sales, complete updating of all the appraisal schedules, and a complete review of all the properties within the City with the idea that this particular program could be implemented by the year 2003. 3) The third option is a complete revaluation that could not be implemented until the year 2004. John Ryan said that the further out in time that the City waits to do this, the more expensive the project would become. He said that the second option is the most cost effective and the best way Page 11 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 to bring the property assessments in the City up to date as efficiently as possible. He said that the assessments in the City now do not reflect market value and they are not uniform. He said that certain property owners in the City are paying more than their fair share of taxes to the benefit of other property owners are not paying their fair share. He said that the essence of a good assessment system is to strive for uniformity and have them at market value. Mayor Klotz said that the City did complete a multi-year reassessment in 1998 and the factors upon which that reval was based are beginning to break down. John Ryan said that this is an environment where the market values are increasing, so it is a problem that has to be addressed. Mayor Klotz said then and Mr. Ryan concurred that on a fairly large scale, the properties are under-assessed considering the current market value. John Ryan said that underassessment is rather dramatic but what is more discouraging is that there appears to be some evidence of systematic underassessment of property by class. He said that if you examine at the way the ratios have evolved over the last three years, with vacant land, we are currently at 27% of market value, and this is something that cannot be accounted for by simple changes in market conditions over the last three years. He said that the study simply identifies the problem. He said that the City wanted to do an update in 2002 and when he was hired to do this, there were significant questions that could not be answered until their study was completed. He said that justice could not be done to an annual update program until the source of the problem is dealt with, and a short-term solution would cost the City more money in the long run. He said there are other problems beyond just the overall increasing market values in the City in the last three years that will require further analysis. Commissioner Lenz asked if the City is required to do annual updates. Commissioner Mirling said that New York State recommends annual updates but currently requires a total revaluation every six-years, recommending in the annual assessment approach that the City do one-sixth of the City each year in terms of physically inspecting properties. He said that the information is analyzed and properties within the data groupings of similar types of housing and surroundings are identified, and it might be determined that the prices deviate very little from each other and are accurate within their own level of a full value assessment, but undervalued as a whole. He said that in assigning an assessed value to those neighborhoods, you could raise the value the amount of the percentage it was down. He explained that John Ryan was asked to identify the location of the neighborhoods in which there are these kinds of inequities, where are they inaccurately assessed. Commissioner Mirling said with the annual reassessment, it could be a much less expensive proposition given the money received from the Office of Real Property Services (ORPS) to get the process up and running. He said that essentially the amount of money the City would get if we were engaged in annual re-assessment would be about $50,000 per year, and there would need to be another person hired at about that salary range. He said that from the information that has been gathered, it would cost the City little or nothing during the period that the law providing for reimbursements is in place, to keep its properties accurately and equitably assessed. He said that if the City waits six years, then they have the full expense to hire a company to do a full re- valuation as was done in 1998. Page 12 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Commissioner Mirling said the people he has spoken with throughout the State that have gone to an annual re-assessment have found that the certiorari proceedings, the number of people contesting their assessments to the Assessment Review Board, drops immensely. He explained that because the assessments are accurate and dependable and can be easily defended, and any variation from the previous year is only one or two percent, relatively minute and not worth the cost of a legal battle. He said that when a City waits six or more years and then brings the assessments in line, people see tremendous increases in their assessed value, and these people will be quick to hire an attorney to fight the change because the increase in their taxes justifies the fight. He said that an annual re-valuation would be a significant cost saving to the City plus there would be a consistently equitable, fair and defendable assessment roll. Commissioner McTygue said that in reference to the Assessment Review Board making changes, he is concerned if the council votes on the changes or if the council is even made aware of recommendations for reductions and how the process is handled. He thinks that since the Mayor makes the appointments on the Assessment Review Board, the Council should have an opportunity to consider who is making the request and what recommendations are the Assessment Review Board making on the reductions. He feels that the City Council should be made aware of such intentions to reduce prior to its becoming official, especially since the financial impact of the Board’s decisions are often larger than the money normally spent at the Council table. Commissioner Mirling said that beyond the Council having an opportunity to examine the proposed reductions, the proposal that Ryan Associates has made is that in implementing the annual revaluation they would create a model and accordingly train the Assessment Review Board to understand what variables to look at and how to examine requests for reductions in property assessments. He said that too often around the State, it is easier to compromise and reduce the assessment somewhat. He said that none of the City Council are authorized to spend the amount of money that gets spent by the Assessment Review Board in a day because in effect if the Board reduces the values of property, by one-million, it is an expenditure of City Revenues. Stephen Towne, Commissioner elect, said that the State Office of Real Property Tax Services provided training to each member of the Assessment Review Board and it was required that the training be completed in order to be able to serve on the ARB. He said that the ARB is a five person Board in collaboration with the Assistant City Assessor, Joe Williams. He explained that the Assessment Review Board is authorized to do only two things: sustain the assessment or reduce it. It has no rights to increase the assessment. He said that the Commissioner of Accounts is aware of the changes because a formal letter is sent out indicating the decision of the Board. Commissioner McTygue said that the point is that none of the Council members have authorization to override or change the Board’s decision or increase an assessment. Commissioner Mirling said that the training from Ryan & Associates would be more up to date and thorough than ORPS training and an added piece to help enable the ARB to make wise judgements. Approve contract with J.F. Ryan Page 13 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Commissioner Mirling pulled this item from his agenda. Mayor Klotz reminded the Commissioners that the current City Council was elected to serve through December 31, 2001 and although he can not dictate what they put on or take off their portion of the agenda, he has a problem with the notion that the council is supposed to be paralyzed just because a change will occur as of January 1, 2002. Commissioner Mirling said that he is pulling these items because they need to be discussed more thoroughly with members of the council prior to voting on them. Discussion: Energy Resolution Commissioner Mirling said that this is the item where if the City purchased energy through the Chamber of Commerce, rather than buying directly from Niagara Mohawk, we might be able to save money. He said that the program is set up that the city gets a report that tells what would be saved in the program at today's rates. He distributed a report of what the City's savings would be. He said the situation that energy rates are bouncing up and down and on any given day, there could be changes. He said that he wants the City Council to look over the report and try to go into the next City Council meeting knowing what the numbers are, and having an opportunity to examine the options. He wants to give the council members a chance to review the report and and perhaps get an updated report on the day of the next City Council meeting. He said that one example given is the projection that is the City Council decided to vote for this program today, it could save twenty eight thousand dollars on the City's natural gas bill. He said that rather than try to vote on this tonight, he wants to give everyone a chance to study the proposed program, discuss it with his, and then hopefully approve the program since it appears that it could save the City a significant amount of money. Adopt Purchasing Policy and Procedures Commissioner Mirling pulled this item from his agenda because he wanted to postpone adoption until he could examine, consider and possibly incorporate the changes suggested by the Mayor and Commissioners. He said he expects to have this item on the December 18th agenda. Set Public Hearing to Change Charter Language Regarding Purchasing Policy Commissioner Mirling set publics hearing for Tuesday December 18 at 6:55 pm concerning language changes in the City Charter that are being brought about by the new Purchasing Policy. Award of Bid: Traffic Signals (01-244) Upon the recommendation of the Engineering Department, Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to award bid number 2001-44, the ITS Traffic Signal Upgrade Project to Stilsing Electric of Rensselaer, the low bidder at $1,063,685,00. Ayes all FINANCE DEPARTMENT Executive Session: Personnel Matters Commissioner Lenz requested an Executive Session on personnel matters. Page 14 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payroll for 11/21/01 in the amount of $ 341,359.84, and for 11/30/01 in the amount of $325,333.58. Ayes all Approve Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following warrants: 1DEC01 – Warrant 2 – 20 General Fund $ 317,228.36 City Center Authority 4,200.24 Water Fund 4,833.31 Sewer Fund 11,091.36 Capital Projects Fund 35,548.46 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 3,703.84 Total Warrant $ 376,605.57 Ayes all MC011128 – WARRANT 2 - 7 General Fund $ 33,913.76 City Center Authority 9,794.11 Water Fund 34,535.74 Sewer Fund 1,018.11 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 79,261.72 Ayes all Approve Budget Amendments (see attached) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as distributed. Ayes all Approve Budget Transfers (see attached) Page 15 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as distributed. Ayes all Authorization for Mayor to Sign Empire Blue Cross Blue Shield Contract Commissioner Lenz pulled this item from his agenda Authorization for Mayor to Sign Scope of Employment Agreement for In Rem Proceeding Services between City and John C. Mannix (01-245) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for council approval of the Scope of Employment Agreement for In Rem Proceeding Services between the City and John C. Mannix and authorization for the Mayor to sign the contract. He explained that the contract includes proceedings for the 1998 and 1999 tax sales at the same rates as the 1996 and 1997 tax sales proceedings. He said that John has been providing this service to the City for many years and the City has been very pleased with his work. The contract was distributed with the agenda. Commissioner Lenz commented that the City has now foreclosed on and obtained title to the parcels included in the 1996 and 1997 tax sale proceeding. He said that an auction date will be set in the near future. Ayes all Approval to Hire Bollam, Sheedy, Torani, and Co. for Financial Statement and Single Audit (01- 246) Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for council approval to hire the firm of Bollam, Sheedy, Torani and Co., LLP 26 Computer Drive West, Albany, NY in the amount of $16,500.00. He said that the price is one thousand dollars higher than last year, which is the first increase in a few years. He said the contract will cover the financial statement and single audit. He said that the City has used this firm for many years and he is pleased with the service they provide. He said that the contract was distributed with the agenda, and the money is in the Finance 2002 budget. Commissioner McTygue asked if this qualifies as a waive of bid and Commissioner Mirling responded that professional services do not require a bid under state purchasing law. Ayes all Approve Raising Ceiling for Part-time Employees (01-247) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded for council approval to raise the ceiling for part-time employees to $10.25 per hour. He said that he intends to increase the hourly rate for two part time employees in the Finance Office effective January 1, 2002. He said that the funds are in the 2002 budget to pay for these increases. Mayor Klotz said that these are two of the hardest working part time employees in City Hall. Commissioner McTygue asked if this would be a change in pay scale for all part time employees with the City and Commissioner Lenz explained that it simply raises the ceiling of what you could pay. Ayes all Page 16 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 DEPARTMENT OF PUBLIC WORKS Ratification of Previously Approved Expenditures: 1) Rudd Lighting – Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to ratify a previously approved expenditure to Rudd Lighting in the amount of $3,005 plus freight. He explained that this is for new poles and lights for the City Hall Parking Lot, and the money is in the DPW budget for this. He said that these are standard, not decorative lights; the lot is too dark and he wants to encourage parking in this lot during evening hours. Ayes all 2) Tarrant – Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the previously approved expenditure of $8,300 to Tarrant Manufacturing for a new ten foot stainless steel sander for truck #33. He said the money is in the DPW budget for this. Ayes all 3) American Arborist Supplies – Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to ratify the previously approved expenditure of $1,651 to the American Arborist Supplies for a tree saw with attachments to use in the bucket truck. He said the money is in the DPW budget for this. Ayes all 4) Allerdice Rent all – Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the previously approved expenditure of $1,836 to Allerdice Rent all for the rental of a brick saw at the Casino. He said the money is in the DPW budget for this. Ayes all 5) Anderson Equipment Co.- Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the previously approved expenditure of $1,900 to Anderson Equipment Company for a heavy duty hydraulic plow for the skid steer loader. He said the money is in the DPW budget for this. Ayes all 6) Metroland Tire Company – Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to ratify the previously approved expenditure of $5,674.59 to Metroland Tire Company for tires. He said the money is in the DPW budget for this. Ayes all Approve Resolution Re: Reimbursement from NIMO for Trees (01-248) Commissioner Thomas McTygue said that Niagara Mohawk has initiated a program to assist communities in replacing trees destroyed by severe storms. He said that in order to participate in this program the City has to adopt a resolution authorizing the Mayor to file an application for funds and to enter into and execute a project agreement with Niagara Mohawk for reimbursement of trees. Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adopt a resolution to authorize the Mayor to file an application for funds and to enter into and execute a project agreement with Niagara Mohawk for reimbursement of trees. Ayes all Page 17 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 Reciprocal Agreement with Greenfield Highway Dept. (01-249) Commissioner McTygue explained that the Town of Greenfield has agreed to be responsible for plowing Denton Road from Bloomfield Road to the existing Town of Greenfield Line on Denton Road, and in return Saratoga Springs DPW will maintain Hickok Road from the City Line to Lester Park Road. He said the City has done this before because it is easier for the plowman. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to enter into a reciprocal agreement with the Town of Greenfield Highway Department as explained. . Ayes all Accept Street for Snowplowing Only – Cherry Tree Lane (01-250) Commissioner McTygue announced that the DPW will be accepting "Cherry Tree Lane" off Old Schuylerville Road for snowplowing only. PUBLIC SAFETY DEPARTMENT Child Safety Program Grant (01-251) Commissioner Curley announced that the Department of Public Safety has received a child safety program grant. He said that the Department has been utilizing a child safety program at the truck inspection station, where they are physically installing car seats on behalf of new parents and people who ask for instance in how to properly install car seats. He said that the Department has been awarded a $9,750 grant to continue to participate in this statewide program. He said this would increase our ability to use and install child safety seats in New York State. Waive of Bid: B-Lan Equipment Company – 1 Gas Detector Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded for approval of a waive of bid to B-Lan Equipment Company for a gas detector for the new fire truck in the amount of $1,596. Commissioner Curley said that this item was placed out to bid but no bidders responded, therefore he has to request this waive of bid. Ayes all Waive of Bid: New Fire Truck Equipment Commissioner Curley said that this waive of bid was made necessary because the vendor to whom the bid was awarded, Firefighters Equipment Company, in the amount of $1,029 has gone out of business. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to rescind the bid originally awarded to the Firefighters Equipment Company for various pieces of equipment for the new fire truck. He said that he would distribute the bid items out to four other suppliers. Ayes all Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to purchase this equipment for the new fire truck as a waive of bid as follows: Page 18 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 1) From Tyler Fire Equipment of Elmira, New York in the amount of $597 2) From Garrison Fire and Rescue of Ellenville, New York in the amount of $282. 3) From Har Rob of Syracuse in the amount of $108. 4) From Emergency Equipment Supply of Albany in the amount of $168. Commissioner Curley explained that because the total expenditure exceeds $1000, it requires a waive of bid. Ayes all Waive of Bid: New Fire Truck Equipment Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve a waive of bid to Adirondack Two-way Radio for radio equipment in the amount of $3,177. Commissioner Curley said this radio equipment will be used in the new fire truck. Commissioner Curley said this waive of bid is necessitated by the fact that there is nothing similar on the State Contract and Adirondack Two-way Radio is the vendor for most of the electronic equipment in the Public Safety Department. Ayes all Acknowledge Student Body Saratoga Central Catholic High School/Respite Program Commissioner Curley said he wanted to thank the student government at Saratoga Central Catholic High School for putting together the candlelight walk for heroes Saturday night, December 1. He said that Mayor Klotz was there along with a number of Police Officers and Firefighters from Saratoga Springs and other communities. He said there was well over 200 people from the community that participated to honor the heroes of the September 11 tragedy. He said he commends the student government for the initiative they have taken to help raise money to pay for meals for over 200 participating firefighters' families who will be coming to Saratoga Springs in the upcoming months. He said that young adults today get criticized and blamed a lot so when they do something this responsible, we should take a few moments to applaud their action and certainly complement them for their efforts. He said that Principal Hammond called him and said that over five thousand dollars has been collected in this effort and the money is still coming in. EXECUTIVE SESSION Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to go to Executive Session for the purpose of discussing personnel matters at the request of Commissioner Lenz. The council went into executive session at 8:50 PM. Ayes all No decision was made as a result of the Executive Session Page 19 of 20 City Council Meeting Minutes Tuesday, December 4, 2001 ADJOURNMENT Seeing that no decisions were made in Executive Session, and there was no further business on the agenda, Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 9:21 PM . Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: Page 20 of 20