City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, OCTOBER 15, 2002 7:00 P.M PRESENT: Commissioner Thomas Curley, DPS Kenneth Klotz, Mayor Commissioner Michael Lenz, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ALSO PRESENT: Anthony Scirocco, Supervisor Phil Klein, Supervisor STAFF PRESENT: Bruce Brown, Deputy Commissioner, DPW Christine Gillmett-Brown, Deputy Commissioner Finance Debbie Harper, Deputy Commissioner Accounts Bob King, Deputy Commissioner, DPS Hank Kuczynski, Deputy Mayor Jeff Wait, City Attorney PUBLIC HEARING Public Assembly Ordinance Commissioner Stephen Towne reminded Council members that this ordinance was changed six months ago, but there recently had been some changes to the NYS Fire Code which necessitates a revision to our ordinance. Tony Izzo, Assistant City Attorney, said this ordinance is for tent and membrane structures. He said they propose to modify the ordinance to reflect the changes in the fire code and to also revise the licensing procedures for temporary structure installation. He explained that a tent company that currently holds a license with the City would not be required to obtain a permit each time they install a tent. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Commissioner Stephen Towne said he would not ask for a vote this evening on this matter. He said he wanted to provide more time for interested parties to make comments. He said it was his intention to bring this item back to the next Council meeting for a vote. Vehicle & Traffic Ordinance B Stonequist Parking Commissioner Thomas Curley explained that this is a request for an amendment to the Vehicle & Traffic Ordinance in connection with Stonequist Parking. He said if the Council approves this modification, it would allow the City to enforce parking regulations on Stonequist property. He said this was a reasonable request from Stonequist and would certainly help them with their parking problems. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Page 1 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 DEPARTMENT OF PUBLIC SAFETY Dr. Timothy Brooks B Presentation Thomas Curley informed Council members that there is a County Wide Preparedness Committee of which Dr. Timothy Brooks is the chair. Dr. Timothy Brooks said after 9/11 it became apparent that the County needed to be proactive in this area, therefore, they began to review its emergency preparedness procedures. He said this was a coordinated effort between the local government and emergency service agencies (hospital, ambulance services, county/state/local police, school district, fire department, public health, Department of Health, etc.) He said their task was to assess the role, resources and capacity of the various agencies should there be a biological/chemical emergency. He said since this drill they will review ways to improve communications between the agencies and update the County=s procedures. He said they will also develop plans to receive, secure and transport push packs which are up to 50 tons of medical supplies, vaccines and equipment that would be delivered within 12 hours of an emergency. He noted that after the 9/11 attack the first pushpacks arrived in New York City within eight hours. He said these pushpacks come from the federal government but when they arrive, they need to be broken down and stored. He said they need to develop procedures and identify facilities to house these supplies. Dr. Timothy Brooks said that on September 28 a large disaster drill was held using high school students as the victims. He said this drill was held in the state park and many local/county/state agencies were utilized. He noted that in emergencies such as this, the fire department would be the primary responder as long as it the incident does not require explosives, then the ATF would take over. He said this drill was a big success. He said after the drill there was a debriefing session and they found that there were areas that worked well as well as areas that need a little more attention. He said they are now looking at developing a county wide identification system and redefining the county=s initial response prior to federal aid arriving. Dr. Timothy Brooks also noted that he is a consultant with the CDC and in comparison to other communities, Saratoga County is ahead of the curve on emergency preparedness. He said they anticipate holding more drills. Commissioner Stephen Towne asked about the frequency of these drills. Dr. Timothy Brooks said drills of this size should take place about once a year, however, the hospital holds drills twice a year on multiple trauma. He said drills of the size that was held on September 28 take an enormous amount of planning and funding. Commissioner Thomas Curley said the September 28 drill was a good experience for all those involved. He said it was good to see the cooperation among the agencies and he truly appreciated the amount of planning that went into this event. He said this was time well spent and he thanked all those who participated. MAYOR=S OFFICE City Center Task Force Gordon Boyd, Chair, City Center Task Force, appeared before the Council along with several members of the task force. He then summarized the report and recommendations of that task force. He said this task force affirmed the need for expansion and upgrading the City Center, however, there are some serious physical needs that need to be met. He said the task force found that there is a market for this expansion and much depended on the configuration. He said the task force believed that the Maple Avenue parking lot would somehow be part of this expansion, however, they noted that parking needs would still need to be met. Page 2 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Gordon Boyd said the task force has recommended that the parking area be divided into three sections with the City retaining the center section and selling the two sections on either end for commercial development. He said they also recommended that the City owned parking lot between the Collamer and Algonquin buildings be sold for commercial development. He said marketing those three parcels would allow for substantial funding of the City Center. He said the task force recommended that as a requirement of the sale, the City should address what it wants for those parcels. Commissioner Thomas McTygue said it sounds easy to make a site Ashovel ready@, however, it really is not as simple as it sounds. He then asked why the task force recommended the reopening of Grove Street. He said he believed that there was an aesthetic as well as grade issue in reopening that street. Gordon Boyd said it would give more access to the facility as well as more street frontage which ultimately increases property value. Mayor Kenneth Klotz noted that the task force recommended creating a parking authority and he had asked Jeff Wait to look into drafting that legislation. Mayor Kenneth Klotz thanked Gordon Boyd and the members of the task force for developing these recommendations. Gordon Boyd said the concept and philosophy was that the City use its assets to capitalize on the City=s parking needs. He said a parking authority would be able to move in this direction. Commissioner Michael Lenz asked if the role of the task force was done. Gordon Boyd said the task force had met its charge. Mayor Kenneth Klotz said it was now time for the City to work with the City Center Authority on this issue. Gordon Boyd said he believed that the City Center Authority was prepared to move ahead to determine what their needs are. Mayor Kenneth Klotz said this is a major project, however, it ultimately belongs to the Council. Commissioner Stephen Towne asked about cost projections. Gordon Boyd said they (task force) concluded they were not comfortable attaching numbers or drawings to concepts. However, Mayor Kenneth Klotz noted that the feasibility study had some numbers attached to it but there was nothing specific. Woodlawn Avenue B Easement (02-227) Tony Izzo said this easement request was for building encroachments on both the front and rear of the building. He said 24 Lincoln Avenue, LLC., was the property owner. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the request for the easement and to authorize the Mayor to sign all necessary documents. Commissioner Thomas McTygue said his support of this easement should not signal property owners that he would support all easement requests. He said there was a difference between an existing encroachment and when a contract/developer knowingly constructs over the property line and then requests and easement. Ayes all. Hunger Awareness Day B Proclamation Mayor Kenneth Klotz proclaimed October 20 Hunger Awareness Day. He said that would coincide with the 23 annual CROP walk scheduled on that day at noon. He said the money raised would be used to alleviate hunger both locally and throughout the world. Page 3 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 People to People Award B Ann Verro B Proclamation Mayor Kenneth Klotz informed Council members that Ann Verro had been selected to participate in the APeople to People@ program and had been designated a student ambassador of that awards program. He then read and presented her with a proclamation recognizing her outstanding efforts in this area. Council members congratulated her on her accomplishments. Weatherization Day B Proclamation Mayor Kenneth Klotz proclaimed October 30, Weatherization Day. He thanked EOC and in particular Dennis Brunelle for providing these necessary services to the community. Dennis Brunelle thanked the Council and the County supervisors for their support in this area. Dennis Brunelle said there is a number of elderly and handicapped individuals in the City who cannot afford to fix up their homes. He asked that anyone who knows of such an individual to please let him know. He said there are a number of programs available Weatherization related issues. Dennis Brunelle then introduce David Crouse who handles the Weatherization program for EOC. School Board Recognition Week B Proclamation Mayor Kenneth Klotz proclaimed October 28-November 1 as School Board Recognition week. Zoning Ordinance Amendments (02-228) Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the package of zoning amendments for study and to send them to the City and County Planning Boards for an advisory opinion. Mayor Kenneth Klotz said this is a routine step which allows the Planning Boards to review and issue an advisory opinion. He said once those opinions have been issued a public hearing would be held by the City Council. Commissioner Stephen Towne asked when those opinions would be issued. Mayor Kenneth Klotz said within 30 days. Commissioner Stephen Towne noted that the City=s WEB site still has the July 30 recommendations on it. Geoff Bornemann said it was updated last Thursday. Ayes all. UHA Donation Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the donation of $325 for taping of the Respite Remembrance program. Ayes all. Community Development Grant B Request for Waiver of Residential Rehabilitation Grant Anti-Speculation Measure Mayor Kenneth Klotz withdrew this item from discussion. He said if there was interest from another Council member to bring this forward, they should do so. Recreation Department B Authorization for the Mayor to sign Skidmore Rental Agreement Page 4 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the agreement with Skidmore for Lacrosse in the amount of $10/hour. Linda Terricola said the City will rent space from Skidmore starting in November and going through January. She said the Recreation Commission had reviewed and approved this expenditure. Commissioner Stephen Towne asked about the insurance liability and who would incur that liability. Linda Terricola said the City is covered with $1 million for liability. Ayes all. Recreation Department B Approval of Annual Allocation to the Senior Citizens Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the allocation of $5,600 to the Senior Center for their programs. Commissioner Stephen Towne asked exactly what was this funding for and where did the money come from. Linda Terricola said this is funded annually from the Recreation Department budget. Commissioner Stephen Towne asked how the dollar amount of $5,600 had been determined. Linda Terricola said it is a number that has increased over the years. She said it has been at this level for between four and five years. Commissioner Stephen Towne asked if this amount was generated through fees. Linda Terricola said no. She said the Recreation Department simply allocates this amount to the Senior Center. Ayes all. Recreation Department B Girls/Boys Coordinators Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded to approve the agreement to pay the girls and boys coordinators in the amounts of $1,000 for girls and $3,000 for boys. Ayes all. Spring Run Trail B Determination of Environmental Significance (02-229) Paul Male said this project had been going on for quite some time now. He said Earth Tech had been with Niagara Mohawk, DEC and the Army Corps of Engineers on this matter and it seems as though all issues have been resolved. He said the proposed negative SEQR determination had been distributed with the agenda. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to issue a negative SEQR determination and to further authorize the Mayor to sign all necessary documents. Paul Male noted that there had been concerns about wetlands, however, the City will provide the necessary mitigation. He said another issue was the proximity to the Niagara Mohawk waste sites. Commissioner Stephen Towne said he had only received this information late today and he was concerned about voting on something that he had not had time to read. Mayor Kenneth Klotz and Commissioner Thomas McTygue agreed to withdraw the motion. It was further agreed that this could be approved via memo. Supervisor Klein B Update County Water Plan Phil Klein, Saratoga Springs Board of Supervisors representative, said the Council had recently been advised that Ray Callanan sent out letters to the Board of Supervisors asking for their comments as to their interest in Page 5 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 participating in the County=s proposed water option. He said there were a number of supervisors still reviewing this matter and there were some who had responded. He said the towns that have indicated an interest are Moreau, Wilton, Greenfield, Saratoga and Clifton Park. He said Clifton Park Supervisor Phil Barrett had informed Ray Callanan that the Clifton Park Water Authority would agree to one mgpd from the water line. Phil Klein said he had spoken to Dave Meager, Town of Malta, and the Luther Forest technology project would be looking to use 4 mgpd initially and eventually build up to 11 or 12 mgpd. He said he had also met with Congressman Sweeney and Senator Bruno and Congressman Sweeney will commit to $1 million for engineering studies on this project. Phil Klein said this water project will have a significant impact on the surrounding communities. Phil Klein said he would keep the Council informed of the progress at the County level. He said the most recent estimate for cost is between $2.08 and $2.62. He said it was his understanding that the City may commit to 4.5 mgpd. Commissioner Thomas McTygue said the Town of Moreau already has an agreement with the Town of Queensbury for water. Phil Klein said that was true, however, the Town of Moreau is a rather large town. Phil Klein said it was his belief that by the time the engineering study was completed, the commitments from the surrounding communities would be in place. Commissioner Thomas McTygue said it seemed reasonable that some towns to the south of Saratoga Springs may want to purchase their water from the south. He asked Phil Klein if those towns were willing to make a financial commitment up front so we could see who the players are. He said the City sent a letter to the County three weeks ago and has yet received a response. He said the City has been dealing with this issue for a number of years and the County has only recently stepped in and delayed the City=s process. He asked if there was a commitment in writing from Congressman Sweeney for these funds. Phil Klein said there was a commitment. He also noted that the Town of Clifton Park supervisor has committed to one mgpd. He said the County is not looking for a financial commitment from the City at this time B but rather just the amount of gallons the City might be interested in purchasing. Commissioner Thomas McTygue asked again if there was a written commitment from Congressman Sweeney. Phil Klein said there had been a press release. Commissioner Stephen Towne asked if the $1 million was renewable. Phil Klein said it would be available for an extended period of time. He said the Congressman is interested in a regional approach to this issues. Commissioner Stephen Towne asked if the Town of Malta and Luther Forest were the same commitment. Phil Klein said they are one in the same. Commissioner Stephen asked if there was a date to respond to Ray Callanan in his letter. Phil Klein said responses should be coming back soon. ACCOUNTS DEPARTMENT Approval of September 17, 2002, Regular City Council meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the September 17 meeting minutes. Ayes all. Approval of September 24, 2002, Public Hearing meeting minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the September 24 meeting minutes. Ayes all. Approval of October 1, 2002, Regular Meeting Page 6 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the October1 meeting minutes. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to amend the minutes to reflect the Mike Welti was the chair and not the consultant of the Zoning Ordinance Review Committee. Ayes all. Ayes all. Confirmation of Previous Approval by memo B Election Custodians Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo for the payment of $485 to each of the Election Custodians, Arthur Carnevale and James Hart, for the required training for the new voting machines. Ayes all. Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo to approve the amendment to the contract to pay James Hart an additional $1,000 which corrects the inequity in pay. Commissioner Thomas McTygue said he did not believe that there was an inequity in pay but rather there was a differential in work. Ayes all. Award of RFP B DPS Feasibility Study Upon the recommendation of the Department of Public Safety, Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to award the RFP for the Feasibility Study for the Police Department to Lomanaco and Pitts Architects of Troy in the amount of $22,000 (lowest acceptable bid). Commissioner Thomas Curley said this contract would cover a review of the square footage and utilization of their work space. He said the second phase would recommend how to use that space. Commissioner Thomas McTygue asked if there were funds for this study. Commissioner Thomas Curley said it was in the capital budget. Ayes all. Award of Bid B Snow Plows Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for snowplow to T&T Sales, Inc., of Latham in the amount of $3,950 for item #1 and $3,518 for Item #2 (lowest acceptable bidder). Ayes all. Award of Bid B City Hall Boiler Upon the recommendation of the Mayor=s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for boiler replacement to D&E Technologies of Schenectady in the amount of $30,990 (lowest qualified bidder). Ayes all. Page 7 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Award of Bid B City Hall Annex Upon the recommendation of the Mayor=s Office, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the bid for City Hall Annex Repairs to Carpenter- Roslund of Schenectady in the amount of $89,200 (lowest acceptable bidder). Ayes all. Risk Management Review Committee B Presentation and Discussion Commissioner Stephen Towne said the City found itself in a precarious situation last year when it received a ANotice of Non-Renewal of Insurance@ coverage due to the City=s loss history. He said the City had not developed serious consideration to the need for strong safety and risk management program and it became evident when the City sought insurance proposals. He said 4 agencies representing 17 different insurance companies sought the bid and only two responded. He said there had been attempts to curb the City=s losses with the formation of an in-house safety committee which was assigned the task of drafting up safety rules and regulations. He said they appointed a safety officer whose duties were combined with his regular job. However, due to the continue increase in insurance losses and increased insurance and workers= compensation premiums it was apparent that the City is in need of a better system to curb expenses. He said he put together a risk management committee comprised of a group of highly qualified and respected individuals from the community to review the City=s losses, policies and procedures and to make recommendations to the City Council. He then introduced Harry Bucciferro, President Capital Risk Associates. Harry Bucciferro said about six months ago discussions began on the cost of insurance for the City. He said the Risk Management Committee was established to review the issues. He said there have been increases in employee accidents, September 11 and other market conditions that have influenced the price of insurance. He reminded Council members that the City Council fist adopted a safety policy in 1979 and in 1989 a safety policy study committee was appointed. He said in 1990 the Council approved the study committee=s recommendations. In 2001, the St. Paul Insurance Company, the City=s insurer at that time, conducted a loss control program evaluation with ten specific recommendations. Harry Bucciferro said the Risk Management Advisory Committee feels strongly that the City Council must take the initiative to establish a Safe City Program that will provide overall management direction and initiative to each City Department, with the goal being to reduce the number of injuries to City employees, citizens and visitors to protect City properties and assets and to reduce overall insurance premiums and uninsured lost costs as a percentage of future City budgets. He then reviewed the recommendations as follows: Recommendation #1: The City Council should adopt a revised safety policy statement that reflects a strong commitment to a Safe City Program. He said only the Council has the overall authority to provide direction to the City. Recommendation #2: The City Council authorize the following positions to implement the Safety Policy and the Safe City Program: City Risk Manager & Human Resources Administrator. He noted that the Charter already provides for the institution of a Human Resources Director, however, the committee felt strongly that there needs to be a Risk Manager to conduct inspections, investigate claims and report to the Council. Recommendation #3: The property/casualty and workers compensation insurance premiums and associated self insurance account be allocated by department in the 2003 budget. He said it was important that there be accountability. He said this would not be an additional expense to the City but rather simply spreading the cost out over each department. He said there should also be some incentives for those departments who perform well. Mayor Kenneth Klotz asked if it was the committee=s recommendation to add the Risk Manager duties to the Page 8 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Human Resources Director. Harry Bucciferro said no, they would be two separate positions. Commissioner Stephen Towne said it was likely there would be no cost to the City for this new position, because the existing insurance coordinator and part time risk manager salaries could be combined. Commissioner Stephen Towne said the City=s cost for insurance increased 100 percent and the combined total for property, liability and workers compensation costs are now more than $1 million. He said this is too large of a figure for the Council to not take action. He also noted that the insurance company has already paid out more than twice what the City has paid in premiums. Commissioner Stephen Towne said there was a lot of expertise from the highly respected members of the Risk Management Committee and their recommendations should be seriously considered. He said it was his intention to bring this item to the next Council meeting for discussion and vote. Mayor Kenneth Klotz said Commissioner Stephen Towne=s announced in the spring that the City would not renew the existing policy. Commissioner Stephen Towne said that was not true. He said the insurance company sent a notice of non-renewal. He said he then made the determination to go out to bid for insurance and St. Paul had the opportunity to do so. He said they chose not to do so. Public Assemblies B Comments/Discussion Commissioner Stephen Towne said it appeared that all comments had been made at the public hearing. FINANCE DEPARTMENT Approve Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payment of the following payrolls: October 4, 2002 -- $324,251.30 and October 11, 2002 -- $325,192.81. Approval of Warrants Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the following warrants: 2OCT02 - Warrant 2-28 General Fund $399,810.18 City Center Authority 3,826.56 Water Fund 145,509.86 Sewer Fund 14,212.20 Capital Project 51.822.26 Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service 3,150.36 Community Development 31,490.66 $649,822.08 MC021009 - Warrant 2 - 9 General Fund $ 55,538.75 Page 9 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 City Center Authority 2,368.75 Water Fund 10,279.73 Sewer Fund 1,463.28 Capital Project -0- Special Assessment District -0- West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 19.76 $ 69,670.27 Ayes all. Approval -- Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as presented (Attachment A). Ayes all. Approval -- Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the budget amendments as presented (Attachment B). Mayor Kenneth Klotz asked if these budget amendments allows for the $133,000 for liability insurance. Commissioner Michael Lenz said in April the Council authorized the utilization of surplus funds to pay the premium amounts. Commissioner Stephen Towne noted that the insurance payment calendar is slightly different than the City=s fiscal calendar so the fourth payment would fall in 2003. Commissioner Michael Lenz said he would address this issue and others later. Ayes all. City Center Financing Task Force Recommendations (02-230) Commissioner Michael Lenz said in March 2002 he appointed a task force to look into a means of securing funds for expansion of the City Center. He said that this task force was chaired by Charles Wait and he previously made a report to the Council. He said their recommendation for financing was that the hotel occupancy tax be raised to six percent. He said the Council recently held a public hearing on this matter and there were some concerns expressed. He said one of the concerns was whether there was the possibility of raising the restaurant tax. He said he had spoken to Jeff Wait, City Attorney, who did some research and found that no one had ever made that request of the legislature. He concluded, therefore, that it may not be the most effective option at this time because he believed that it would be difficult to garner the needed support. Commissioner Michael Lenz said he was not ready to take the next step. He asked Jeff Wait what was now needed to move forward. Jeff Wait said there needs to be a resolution from the Council authorizing him to send the legislation to the legislature to start that process. Commissioner Michael Lenz noted that there had been a change to the proposal which now would include establishments of four or more rooms. He said that change was made to coincide with the County=s hotel occupancy tax. Commissioner Michael Lenz then moved and Mayor Kenneth Klotz seconded to direct Jeff Wait to move forward with the draft legislation for home rule legislation. Page 10 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Michael Lenz thanked the members of the task force for their many hours of work. He said, if adopted, this legislation could generate approximately $5.3 million by 2007. Ayes all. Third Quarter 2002B Report Deputy Commissioner Christine Gillmett-Brown reported on expenditures and revenues. She said that numbers were not coming in as expected. She pointed out though that some were timing issues, some were due to the drop in interest rates, drop in business licenses, etc. She noted though that the ice rinks revenues have been increasing but pointed out that they dropped in 2001 so they are back to where we were in 2000. She said expenditures should be at about 75 percent and we are below that number. She asked that departments remain conscientious with their budgets. Mayor Kenneth Klotz asked if it might be possible to determine the savings the City may have at the end of the year. Deputy Commissioner Christine Gillmett-Brown said it was too early to make that determination. She said though that it could be looked at during the budget process. Deputy Commissioner Christine Gillmett-Brown then reviewed the City=s surplus history for the last several years. She noted that the Finance Department would require additional funds to cover the cost of health insurance, DPS still needs about $150,000 and Recreation says they need about $25,000 for the Weibel Avenue Ice Rink. She said the Accounts Department deficiency had been previously addressed. Deputy Commissioner Christine Gillmett-Brown then reviewed the tax rates expenditures by department. Commissioner Stephen Towne said the mortgage tax seems to be high and asked why. Deputy Commissioner Christine Gillmett-Brown said there has been quite a bit of refinancing and purchasing of properties in the County this year. Commissioner Stephen Towne noted that last year at this time we were at 72 percent in expenditures while this year we are at 68 percent. Budget Amendments & Transfers to address 2002 Budget Shortfall Commissioner Michael Lenz said there were a number of items last year that were not budgeted appropriately and it was determined that they would be addressed through the surplus. He said he had Deputy Commissioner Christine Gillmett-Brown review the budget to determine where there may be larger revenues than projected. He said it appeared the mortgage tax, social security and police & fire lines might be lines to be tapped. He said once more real numbers were known, sometime in November, he would revisit the shortfall areas. Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to transfer a total of $150,000 from the social security and police & fire lines retirement lines to the health insurance line. He said that would not solve the entire shortfall, however, it would cut the shortfall in half. Deputy Commissioner Christine Gillmett-Brown said their office tries to budget appropriately for contractual items and they anticipated new employees when doing so. However, sometimes there is a savings in the line item due to minor over budgeting. She said at this time she has received an estimate for the next invoice so she knows there is a savings in those line items. Ayes all. Page 11 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to amend the budget health insurance line to increase it by $26,123.83. Commissioner Stephen Towne asked how close that addressed the shortfall in that line item. Commissioner Michael Lenz said we are still about $152, 000 short in the health insurance line item. He said overall the City still had a shortfall of about $300,000. Ayes all. 2002 Budget Spending B Resolution Commissioner Michael Lenz said in June 2001 a resolution was brought forth by Mayor Kenneth Klotz to leave the County sales tax formula. He said he did not believe that was a wise financial decision, however, the Council chose to do so. In said in November 2001 during budget negotiations, the Mayor brought forth a budget with a proposed revenue of $8.1 million in sales tax. He said it was his projection that it would be closer to $7.5 million. He said again he did not believe that this was a wise financial decision, however, the Council approved the Mayor=s proposed budget. Commissioner Michael Lenz said last Friday the City received the most recent payment from the Tax and Finance Department. He said at this time the City is $1.2 million behind where we were at the same time last year. He said close monitoring of the budget is necessary for the remainder of the year. He said he is projecting a shortfall of between $1 million and $2 million and it needs to be addressed. He said the City has opted out of the formula and returning to the County formula at this time is unlikely. Commissioner Michael Lenz said he would like to offer a motion which would freeze hiring for the time being. He said it may not be for the rest of the year. He said there also needs to be a freeze on requests for surplus funds and contingency funds. He said he understood that there were employment issues on tonight=s agenda, but asked if the Council was willing to consider this proposal. Commissioner Michael Lenz then moved and Commissioner Stephen Towne seconded to place a freeze on hiring as well as transfers from the contingency fund. Mayor Kenneth Klotz said he was aware that we were behind in the sales tax revenue, but everyone knew that the City was front loaded under the old formula. He said there is still good reason to believe that it was a sound decision to opt out of the County formula. He said at this time we don=t have any other information to support any other conclusion. He said he did not believe was any justification to have a hiring freeze. He said the Council has the ability at any time to approve or disapprove an expenditure, therefore, he said he would not support this motion. Commissioner Michael Lenz said the numbers he is using are the only numbers available. He said we know that we budgeted $8.1 million in sales tax revenue in November 2001 and the Council did that with the full knowledge that they were approving that figure on the calendar year and not the fiscal year. He said he is presenting this proposal not because he did not support the 2002 budget, but because it is his job to be conservative with the City=s money. He said it is his job to send out warning signals when it appears there will be a shortfall. He said this is not a partisan issue. He said this is an urgent matter that needs to be addressed. He said we now know what the numbers are and we know there will be a short fall. He said he was simply asking for cooperation from other Council members on this matter which would allow him time to analyze the situation. Commissioner Thomas McTygue said he would not support this motion. He said his department was doing their part in that they have expended only 67 percent of their money and they continue to keep their costs down. He said he had two employment related issues on his agenda and they are not new positions. He said they need to have their titles changed. He said there is also the vacant position of Jim Linn that needs to be Page 12 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 filled in order to get the utility bills out. He said it is imperative to replace him. Commissioner Michael Lenz said this resolution would be for positions which fall under the general fund budget. He said Jim Linn=s position falls under the water budget. Commissioner Thomas McTygue said he hires many seasonal employees and he would be greatly strapped if there was a snow storm and he did not have the ability to hire employees. Commissioner Michael Lenz said there could be a caveat for emergency situations and contractual obligations. Commissioner Thomas Curley said he was very concerned about a hiring freeze. He said he has had some retirements in the Fire Department and he needs to fill those positions and he planned to do so this evening. He said he would not support a hiring freeze. He said he understood this was a financial issue but he had been very careful with his budget. He said he has allowed only mandatory training and has put off purchasing equipment. Commissioner Stephen Towne said this was a sound recommendation that seemed reasonable. He said in the private industry this action would be taken. He said the sales tax matter needs to be watched closely. Commissioner Michael Lenz said there was the assumption that it was about 11 percent of the County share. He noted that in our best quarter was 9 2 percent. He said the Council was also aware that it was likely that our collection for the October-December quarter would be less than last year. He said last year the City was about $1 million behind and received $7.5 million at the end of the year. He said now he is projecting $6.5 million. He said we are currently at $5.3 million. He said there is a cash flow shortfall and it was certain that the City was below what was budgeted. Commissioner Stephen Towne said that Commissioner Michael Lenz was simply trying to buy time. He said it appears the City could be $2 million under budget using the cash flow method. He said we are now facing the reality that there could be a $2 million shortfall and this was not an unreasonable approach. Commissioner Thomas McTygue asked if Commissioner Stephen Towne would be willing to take back the approval he received earlier this evening. Commissioner Stephen Towne said yes. Commissioner Thomas McTygue said he understood Commissioner Michael Lenz=s concerns, but his employment issues were mandated. Commissioner Stephen Towne said Commissioner Michael Lenz was simply asking for time between this meeting and the next to take a step back and analyze the matter. He asked Commissioner Thomas McTygue if his issues could wait until the next meeting. Commissioner Michael Lenz again said this was not meant to last the rest of the year. He just want a freeze on hiring and transferring funds from contingency and surplus funds. Mayor Kenneth Klotz said the analysis of August 20 was misleading. He said he sent a memo to Commissioner Michael Lenz asking for clarification. He said there were two payments that had not been included in this analysis and asked if the Finance Department had changed the rules on how and when items are credited. He said if we pick the receipts in January and February it would eliminate some of the issues. Commissioner Michael Lenz said they have not changed the way they are reporting the sales tax figures. Deputy Commissioner Christine Gillmett-Brown said that $800,000 was received on September 30. She reminded Mayor Kenneth Klotz that the January and February payments would be credited towards the 2002 budget and that has not been changed. She said they have requested and estimate from Tax and Finance on what those payments might be. She said they also anticipated funds from the County in the amount of $397,000. Commissioner Michael Lenz said he would continue monitor the budget. Page 13 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Thomas McTygue moved to amend the motion to withdraw the request on hiring freeze. There was no second. Mayor Kenneth Klotz called for a roll call vote on the motion. Commissioner Michael Lenz stated the motion as follows: to place a freeze on new hires from the general fund, freeze on unallocated budget requests, freeze on transfers from the contingency fund except for emergency and contractual obligations. Ayes: two (Commissioners Stephen Towne & Michael Lenz); Nays: three (Commissioners Thomas McTygue and Thomas Curley and Mayor Kenneth Klotz). Motion denied. 2003 Budget Process B Discussion Commissioner Michael Lenz said he had requested that proposed budgets be returned to his office by October 1 and he would then report back to the Council on October 21. He said since compiling the numbers, it appears that the starting point for the budget was simply unreasonable. He said the requested budgets would necessitate an extremely large tax increase. Commissioner Michael Lenz then asked that Commissioners review their budgets again and remove all new hires and all discretionary spending. He said only mandated and/or contractual increases should be included. He said that normally there is a Awish list@ budget and the Council works from their to narrow it down. He said this year he would rather work in the reverse. He said once a no growth budget had been established, they could analyze new hires and other discretionary spending. Commissioner Thomas McTygue said in the past Finance simply compiled the numbers and distributed the budget. Commissioner Michael Lenz proposed the following budget workshops and public hearings: October 29, 7:00 p.m. budget workshop; November 4, 6:15 p.m. public hearing and November 19, 6:30 p.m. public hearing. He said at the October 29 workshop he planned to go through the budget line by line. Mayor Kenneth Klotz clarified that Commissioner Michael Lenz was asking for a bare bones budget and then items could be added. DEPARTMENT OF PUBLIC WORKS Water & Sewer Bills & Provisional Appointment B Discussion (02-231) Commissioner Thomas McTygue said that due to the recent unexpected death of Jim Linn, the October 15 water bills would be delayed. He said he had conducted interviews to fill that position and at this time would like to propose the appointment of that individual. Commissioner Thomas McTygue announced the appointment of Ann Plante effective October 11 at Grade 14 Step 1 as the Water Meter Supervisor. He said this would be a provisional appointment until she took the test. He said there was a committee that interviewed her and she is very knowledgeable in this area. He said he believed that she would bring forth new ideas. He said she currently works for the Town of Queensbury in a similar position and he was doing some research as to whether she could transfer into this position. Page 14 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 New Position (02-232) Commissioner Thomas McTygue said he had been mandated by Civil Service to make changes to Barbara Kidd=s position. He said Barbara Kidd currently works at the garage as a garage attendant, however, Civil Service has recommended that her position be reclassified from a garage attendant to a senior account clerk. He said the position would be moved to the CSEA City Hall Union because this title already exists under that union. He said it would ultimately give her a few cents less in pay, but she would be classified appropriately. He said that she has been working out of title for a while and this will correct that situation. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to appoint Barbara Kidd to senior account clerk grade 7 step 1 effective October 21. Commissioner Stephen Towne asked if there would be any financial impact. Commissioner Thomas McTygue said no. Commissioner Stephen Towne clarified that this is an update to a position. Commissioner Thomas McTygue said Civil Service reviewed the position and the work that she has been doing and they have reclassified the position to a senior account clerk. He said Barbara Kidd had also rescinded her retirement and is back working full time. Ayes all. Upgrades B DPW Hourly Contract (02-233) Commissioner Thomas McTygue said he was seeking Council approval to create three new pay lines. He said this would be an addendum to the DPW hourly contract. He said there would be no budget impact. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to create the new position of Foreman Pesticide Applicator with an hourly salary of $20.41. Commissioner Thomas McTygue said this person holds the license to allow him to do this pesticide work and he should be compensated accordingly. He noted that if this person did not do this work, he would need to contract it out at a much higher rate. He said that was a 50 cent per hour increase for the individual who will hold this position. Ayes: three (Commissioners Thomas McTygue & Thomas Curley and Mayor Kenneth Klotz); Nays: two (Commissioners Michael Lenz and Stephen Towne). Motion carried. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to create the new position of Foreman Step 2 with an hourly salary of $21.92. He said this was a $2/hour difference in pay for this individual. Ayes: three (Commissioners Thomas McTygue & Thomas Curley and Mayor Kenneth Klotz); Nays: two (Commissioners Michael Lenz and Stephen Towne). Motion carried. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the new position of Public Works Dispatcher Civil Service at the rate of $15.62/hour. He said this person has taken on additional responsibilities with new computers and acts as the main individual who deals with the other dispatchers for scheduling. He said this was an increase of 50 cents per hour. He said this position had been approved by the Union. Ayes: three (Commissioners Thomas McTygue & Thomas Curley and Mayor Kenneth Klotz); Nays: two (Commissioners Michael Lenz and Stephen Towne). Motion carried. Gilbert Road Water B Discussion Page 15 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Thomas McTygue announced that the water lines have been installed and tested and are ready for residents to make connections in the Gilbert Road area. He said street opening permits must be first obtained though. He reminded everyone that the total budget for this project was $325,000 ($50,000 from the water extension line and $275,000 bonded). He said this project came in on budget and commended his staff for a job well done. Commissioner Michael Lenz said a letter had been sent to the residents in this area explaining what their payments would be. He said the amount is less than half of what the City estimated. Commissioner Thomas McTygue said there would be a cost to residents for the installation of a new water meter. He said he may return to the Council on a new method of reading the meters. Director of Utilities, Bill McTygue, said this was a significant undertaking for his department. He said they installed two miles of 12 inch water main with fire hydrants, gate valves, curb boxes, shut off valves, etc. He said they also hired a contractor for boring installation of 150 feet. Foley Lane Dedication (02-234) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that Chapter 201, Section 20-1, Appendix entitled Street Name and Number be amended include Zone F expanded area of Foley Lane (north 1-11 and south 2-12). This alley will now run the entire distance between Putnam Street and Henry Street. Ayes all. Hub Parking Lot Commissioner Thomas McTygue asked Commissioner Thomas Curley if the Hub parking lot could be posted for no all night parking. Commissioner Thomas Curley said he would look into the matter. DEPARTMENT OF PUBLIC SAFETY Fire Department Staff Changes (02-235) Commissioner Thomas Curley said that last year during budget negotiations, he had a request to increase the fire department staff by four individuals. He said during those negotiations, it was agreed these individuals could be hired during the fourth quarter. Commissioner Thomas Curley said he has now identified four individuals, who have civil service and union approval and he would like to appoint these individuals. He said there has not been a staffing change in the fire department in a number of years and there are now many more duties and responsibilities such as hazmat, EMS, the possible east side expansion, etc. He said that there was discussion earlier this evening on risk management and this was a risk management matter. He said the standards for staffing levels are not being met. Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded that his staffing levels be increased by four positions in the fire department. Commissioner Michael Lenz reminded Commissioner Thomas Curley that earlier this evening he had requested a hiring freeze for individuals who fall under the general budget. He said though there was the caveat that if it was an emergency it would be possible to hire. He asked if Commissioner Thomas Curley could wait two or three weeks. He said he understood the fire department=s needs but there was a financial situation. Page 16 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 15, 2002 Commissioner Thomas Curley said he was willing to work with Commissioner Michael Lenz, but he needed these four positions and it was his intention to fill them. Mayor Kenneth Klotz said this was a big issue and asked why it wasn=t looked at during the 2002 budget press. Commissioner Thomas Curley said it was and the Council rejected his request for four positions until the fourth quarter. Commissioner Stephen Towne asked if the safety and welfare of employees and citizens were being impacted. Commissioner Thomas Curley said without these four individuals there are risk and safety factors. He said if the firefighters are unable to respond to an emergency when they get to the place due to lack of appropriate personnel, then there is an obligation by the Council to address the situation. Ayes all. Stonequist Parking B Vote (02-236) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to approve the amendment to the vehicle and traffic ordinance to allow police officers to enforce parking regulations at Stonequist. Ayes all. ADJOURNMENT Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to adjourn the meeting at 10:15 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned the meeting. Respectfully submitted, Kathy Moran Clerk Approved: Page 17 of 17