City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 6, 2005 6:40 P.M. PRESENT: Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts PRESENT: Phil Klein, Supervisor ABSENT: Commissioner Thomas Curley, DPS Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, DPW Debbie Harper, Deputy Commissioner, Accounts CALL TO ORDER Mayor Michael Lenz called the meeting to order with the Pledge of Allegiance. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn to executive session at 6:40 p.m. Ayes all. Skidmore Apartments/Saratoga National Golf Course/Pluta/Ball Metal Certiorari Matters (2005-50) Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to authorize $7,000,000 for the years 2004 and 2005 for the Skidmore apartments and; $5,200,000 for the years 2004 and 2005 for the Saratoga National Golf Course and; $1,292,400 for the year 2005 for Pluta, and no action was taken for Ball Metal. Commissioner Stephen Towne noted that the refund potential is $9,105.00 and will be paid from the refund of prior taxes. Ayes all. They also discussed the Siano Article 78 Litigation and no action was taken. Council members returned at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the public comment period. Wilma Koss, 160 Kaydeross Park Road, said that after the election was over there was a statement made that the people of the City of Saratoga Springs would not have to drink PCBs because they are not in the water in Saratoga Lake. She said that everyone is concerned about the sediment in the river, but no one is concerned about the sediment in the Lake. Testing has been done in the Lake. There have been toxic spills documented in three volumes by the DEC. She obtained this information from the SLA through the Freedom of Information Act. She said that the toxic spills are worse than PCBs when not cleaned and monitored by the EPA. She said that the City is so worried about sediment in the river and they don’t trust the DOH. The City needs to do more testing before they can ask the citizens to drink from the Lake. Mark Lawton, 209 Nelson Avenue, said that he represents the Citizens for Implementation of the Charter. He wanted to comment on the year end clean up and remind the Council that the $5,600 for the Citizens Center is approved. There is a 1 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 procedure that must be followed. There should be a written justification and finding by the Commissioner of Finance that the funds are available. This must be done when funds are available outside of the normal budget adoption. He thanked the Council for submitting the Personnel Policies and Procedures Manual, which has been four years in the making. He noted that the existing position of Human Resources Administrator has an informal evaluation of the job title. This position does not meet the requirements of the charter or Section O of the State Service Department. This will be outstanding and dealt with as they move along. They are very anxious to know what the cash surplus will be for 2005 and they expect this information will be available for the quarterly financial report. He understands that the City cannot give an exact number at this point. They also expect an exact number because there is an approved labor contract. They would like to know the costs associated with health care and other added areas. This information should be integrated into the budget and appropriate action taken. Dave Bronner, 5 Royal Henley Court, said that now the elections are over, he hopes the Council can move on and have a more civil discourse to discuss matters of civil importance. He said there is a problem in this City and there were inappropriate comments made on election night from people who won. These comments do not contribute to public discourse. A lot of the comments were made in reference to PCBs and where the water supply would come from. He submitted copies of articles, which quoted several comments that were made. He asked if the Council could clean up this business and move on and address issues in a civil manner. There being no one else who wished to speak, Mayor Michael Lenz closed the public comment period. MAYOR’S DEPARTMENT Advisory Opinion – Rezoning of 164 Jefferson Street Mayor Michael Lenz moved and no one seconded the motion to issue a favorable advisory opinion to the Planning Board to change the 0.5 acres from Urban Residential-2 (single-family homes) to Urban Residential-4 (multi- family). Mayor Michael Lenz said that this request for an advisory opinion was sent from the Planning Board. James Doyle, applicant, said that he would like to reintroduce his request when there is a full Council in attendance. He was concerned about the fees and how to re-petition the Council. Geoff Bornemann, City Planner, said that the City was generous with a failed advisory opinion and he would be able to return it to a future agenda. Motion withdrawn. Resolution to Reappoint Civil Service Secretary (2005-251) Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, the Saratoga Springs Municipal Civil Service Commission appointed Patsy Berrigan to the Secretary position of the Municipal Civil Service Commission of the City of Saratoga Springs effective September 4, 1995; and WHEREAS, the City Council of Saratoga Springs is desirous of continuing employment of Patsy Berrigan as Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs; NOW THEREFORE BE IT RESOLVED as follows: A. The salary for the Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs shall be $36,000.00 effective January 1, 2006. B. The standard workweek of the Secretary of the Municipal Civil Service Commission office of the City of Saratoga Springs shall be 33 hours per week. C. The Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs shall enjoy and be entitled to the same holidays as defined in the CSEA contract for the City Hall employees bargaining unit. It is understood that for the purpose of calculating vacation time that Patsy Berrigan’s service to the City of Saratoga Springs began on January 1, 1989. D. Sick time shall be accumulated for the Secretary of the Municipal Civil Service Commission of the City of Saratoga Springs at the rate of 1 day per month. Upon completion of seven (7) years of continuous service, cash payments will be made for accumulated sick leave remaining in an employees’ individual account upon the following basis at termination of employment or upon death of the employee while in the employ of the City shall be paid to the employee’s beneficiary or estate. Patsy Berrigan shall be paid twenty-five (25%) percent of accumulated sick leave up to 2 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 a maximum of 200 days (cash payment of 50 days). It is understood that for the purpose of calculating sick time that Patsy Berrigan’s service to the City of Saratoga Springs began on September 4, 1995. E. The Secretary of the Civil Service Commission shall enjoy and be entitled to all of the non-salary benefits regarding: vacation time; sick leave; personal/bereavement leave; holidays; life insurance; health insurance; opt out disability insurance; vision plan; and NYS retirement system as granted in the CSEA bargaining unit of the City Hall employees. F. This resolution will be resubmitted on an annual basis by the Mayor. Commissioner Matthew McCabe noted that this resolution was a reappointment. Michael Michael Lenz noted that this was for the salary as well. Ayes all. Resolution to Reappoint Human Resources Administrator Commissioner Thomas McTygue noted that the proposed resolution represented a 5% increase in salary. He was concerned because the recently approved labor contract called for a 3.5% increase. He said that there are a number of employees that are not represented by the Union who received no increase whatsoever. He said that he could not support this resolution when the contract is 3.5% and this is not part of the budget that was adopted. Mayor Michael Lenz said that it was his understanding that this increase was part of the budget. Commissioner Matthew McCabe said that it was in the initial budget paperwork, but did not make it into the actual budget. He said that he agrees with Commissioner Tom McTygue and this increase would represent no steps, longevity or compensation time. He feels that this is an appointed position and it was not part of the budget. He suggested that the resolution be taken out of consideration and returned at a later date. He said they could restructure the resolution and readdress the issue in the future. Saratoga Springs Policy and Personnel Manual Mayor Michael Lenz said that he has distributed the Saratoga Springs Policy and Personnel Manual to the Council. He has received some feedback, but would like more time for review and additional feedback. The Council agreed to add this item to the December 20, 2005 agenda. Recreation Department: Waiver of Saratoga Phillies Facility Fee in Lieu of Windscreen Purchase Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to approve a waiver of the Saratoga Phillies facility fee in lieu of windscreen purchase as submitted from the Recreation Department. Commissioner Thomas McTygue said that the thought the windscreen was a donation. Mayor Michael Lenz said that the windscreen was a donation, but the waiver of the facility fee was less than the cost of the windscreen. Commissioner Thomas McTygue said that this could set precedence and become a constant request to waive more fees. He also said there would be a demand on maintenance people to do extra maintenance to keep the fields up and running. He said that there should be revenue to support the maintenance. He is considering the bottom line and the Council just voted to give back approximately $9,000 in tax revenue. Commissioner Stephen Towne questioned if the was a waiver of facility fees for one year. Mayor Michael Lenz said that it was a one-year waiver. The windscreen purchase would be a front ended capital cost. 3 Ayes. 1 Nay (Commissioner Thomas McTygue opposed). $5,600 for the Senior Citizens Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution to approve the annual allocation for the Senior Citizen Center Recreation Programs in the amount of $5,600. The funding is included in the budget line A3567144-54688. This is contingent upon the transfer. Commissioner Matthew McCabe acknowledged Mark Lawton’s comment during the public comment period. He said that the motion would be contingent upon final approval from the Finance Office. Ayes all. Appointment of Marriage Officer (2005-252) Mayor Michael Lenz recused himself from the discussion because his name is included in the resolution. 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the following resolution: WHEREAS, Section 11-C of the Domestic Relations Law of the State of New York provides that the governing body of any village, town or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage in accordance with other provisions of law; and WHEREAS, J. Michael O’Connell and Michael A. Lenz, residents of the City and being over 18 years of age, have requested the Council to duly appoint them as marriage officers for two years, those years being January 1, 2006 through December 31, 2007, for the purpose of performing marriages in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows: 1. That this Council hereby appoints J. Michael O’Connell and Michael A. Lenz, Saratoga Springs, New York, to be marriage officers as provided in Section 11-C of the New York State Domestic Relations Law. 2. That the terms of the appointments shall be for two years, those years being January 1, 2006 through December 31, 2007. 3. That the appointees shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Ayes all. Mayor Michael Lenz resumed his seat on the Council. Set Public Hearing – Revision of City Ethics Code Mayor Michael Lenz said that there is a code that was an Ethics Code developed in 1970, which remains in effect. He said that there was an Ethics Committee appointed in February. The Committee has been working to develop a modern form of the Code. They have been examining examples of ethics codes from other communities, but they have not examined any from the State. The draft document was circulated to the development boards and the public for comment. The Committee is currently in the process of incorporating those comments into a final draft, which they will review on December 20, 2005. He thanked the Committee, the development boards and the public for the time they took to read the document and make comments. The Council agreed to set the public hearing for 6:30 p.m on December 20, 2005. ACCOUNTS DEPARTMENT Approval of Minutes Commissioner Stephen Towne said that the Council would not act on the November 10 & 15, 2005 meeting minutes because a few minor edits were needed. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded the motion to approve the November 18, 2005 meeting minutes. Ayes all. Amendment to April 19, 2005 Meeting Minutes Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to insert “Ayes all,” on page 6 under Discussion & Vote for Mayor to sign a professional service contract for the Downtown Archaeological Management Program. Commissioner Stephen Towne said that a vote was taken and the minutes did not reflect the final vote. Ayes all. Award of Bid Upon recommendation of DPW, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the three ton cab chassis, conventional cab, 4x4 truck to Latham Motors, Inc., of Latham for $32,048 (low bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. 4 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Upon the recommendation of DPW, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the skid mounted compact vacuum machine package to NYNE Equipment of Castleton for $29,457.10 (only bidder). This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Set Public Hearing – Demonstration Ordinance Commissioner Stephen Towne said that at the last Council meeting, he requested that a public hearing be set for this evening on the five ordinances that had recently been reviewed/developed. Unfortunately, the legal ad formality was not met, therefore, he would like to reset a public hearing for 6:45 p.m. on December 20 on all five ordinances. The draft documents, all of which were distributed to the Council with the agenda, are on the Demonstration, Special Events, Noise, Temporary Structures and Parade Ordinances. The Council agreed to set the public hearing for 6:45 p.m. on December 20, 2005. Set Public Hearing – Church Street Square Zoning Map Amendments Stephen Towne said he received a request from the applicant’s attorney to withdraw this item from discussion this evening. Commissioner of Deeds Commissioner Stephen Towne said that he has appointed the following individuals as Commissioners of Deeds with a term of two years: Sheila Brooks, Accounts Dept; J. Michael O’Connell (marriage officer) and Gary Perkins, Michael Biss, William Crandell and Warren Wildy, Police Department. Empire Zone – Quad/Graphics (2005-249) Shelby Schneider, SEDC, said that the SEDC supports Quad/Graphics as a potential Empire Zone member. She said that Quad/ Graphics has had a positive impact within the City of Saratoga Springs and Saratoga County. She respectfully requested that the City Council pass this resolution that concurs with local law because the County has designated Quad/Graphics for the Empire Zone. She said that changes were made to the General Municipal Law in April that added a provision for reasonably significant projects. Quad/Graphics qualifies as a reasonable significant project by creating 55 new manufacturing jobs that support their on-site manufacturing. They plan to invest $28,000,000 in the facility as a new capital investment in Saratoga Springs. She explained that once Quad/Graphics is in the Empire Zone, and becomes certified, there would be reporting processes in place that the job requirements are met. Shelby Schneider introduced Chuck Raymond and Mike Emery, Facilities Managers from Quad/Graphics. Chuck Raymond thanked Commission Stephen Towne for putting this resolution on the agenda and he thanked the members for learning about the project. They have been working with the SEDC to be in the Empire Zone and he believes that Quad/Graphics is a reasonably significant employer because they are planning to create new jobs. He said that an Empire Zone status would enable the business to compete in the modern printing industry. The company has been a resident of Saratoga Springs since 1984. He distributed handouts to the Council about Quad/Graphics history. He said that the plant has grown from 84,000 square feet to over 1,000,000 square feet. The number of employees has grown from 28 to 980, and 645 of which live within Saratoga County. He said that the payroll is $42,000,000. In the past five years they have donated $4,000,000 to State and local community organizations. They have purchased $11,000,000 worth of supplies from state vendors and $2,000,000 of supplies to local city and county vendors. Chuck Raymond said that the business has new challenges because of the industry. They need to update the plant and the production equipment. They plan to produce more products, conserve energy and establish new business. The $28,000,000 will be spent on environmental air quality, limiting water use, production equipment updates, infrastructure changes and to support production and their growing workforce. Chuck Raymond asked the Council to endorse Quad/Graphics as a reasonably significant employer so that they may be included in the Empire Zone. 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Commissioner Stephen Towne asked if the $28,000,000 would be spent in 2006. Chuck Raymond said that it would be. He also noted that there has been internal competition within quad. There is an available pool of money that could go to other plants. He said that the low cost, quality producer wins the business and they could be in another state. The changes to the facility would allow them to be more competitive and reduce the cost of production. Commissioner Stephen Towne said that a $28,000,000 investment is substantial within this community. He also said that this resolution would support and concur with Saratoga County’s local law approving the allocation of zone lands for the proposed expansion of Quad/Graphics as a regionally significant project. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to approve the following resolution: RESOLUTION SUPPORTING AND CONCURRING WITH SARATOGA COUNTY’S LOCAL LAW APPROVING THE ALLOCATION OF ZONE LANDS FOR THE PROPOSED EXPANSION OF QUAD/GRAPHICS AS A REGIONALLY SIGNIFICANT PROJECT WHEREAS, QUAD/Graphics is the largest privately held printer of magazines, catalogs and other commercial products in the world, and third largest printer — public or private — in the Western Hemisphere; and WHEREAS, QUAD/Graphics Saratoga Springs plant is the nation's largest producer of newsweekly magazines, but is equally well known for high-quality monthly magazine and catalog production; and WHEREAS, QUAD/Graphics is proposing an expansion of their manufacturing facility at 56 Duplainville Road in the city of Saratoga Springs, New York; and WHEREAS, this expansion will add 55 new manufacturing jobs that support QUAD/Graphics’ on-site manufacturing; and WHEREAS, the project is not within the boundaries of the Saratoga County Empire Zone; and WHEREAS, the New York State Department of Economic Development has determined that the proposed expansion is eligible for Empire Zone benefits as a regionally significant project under Section 957(d)(i) of the General Municipal Law; and WHEREAS, the Saratoga County Empire Zone Administrative Board has determined that the proposed expansion is eligible for Empire Zones benefits as a regionally significant project under Section 957(d)(i) of the General Municipal Law NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, that it fully supports and concurs with the County’s actions to approve the allocation of zone lands for the proposed expansion of the QUAD/Graphics manufacturing project for a regionally significant project as determined by the Zone Administrative Board and the New York State Department of Economic Development Law. BE IT FURTHER RESOLVED, said zone lands to include the following property descriptions for areas in the City of Saratoga Springs: Ayes all. NYSEG Contract (2005-253) Commissioner Stephen Towne said the contract with NYSEG Electric expires on December 31, 2005, for the City’s larger accounts. NYSEG has offered the City two options, a market price or a fixed price, from the first meter read in January until December 31, 2006. Last year the City went with the fixed rate option as it was considered, at that time, the most beneficial arrangement for the City. He said that Gordon Boyd is here this evening to advise the Council on how to proceed. Gordon Boyd presented a memorandum to the Commission and explained that the charts represent a graphic depiction of what has been going on with the markets. He said that the prices have been drifting up and the cost for oil and gas is rising. The City has avoided a market increase for its two largest utilities, electric and gas, because they locked in a price halfway through the range of market changes. He said that hopefully prices would come back down. He reviewed the calculated savings that the City has realized from the fixed rate contract. He explained that the price the City would pay 6 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 is a 30 day average during the billing cycle of the day ahead price. He said it would be a discounted rate because they are using a supplier and the amount would be fixed per kilowatt hour. Gordon Boyd said there would hopefully be a stabilized amount by the middle of the year. He recommended that the City go with a variable rate for electricity for a term of one year. During the year, the City could opt for fixed pricing and extend the agreement for twelve months. Commissioner Stephen Towne said that he would no longer be with the City and he asked Gordon Boyd to take responsibility to let the City know when it is the right time to lock in at the fixed rate. Gordon Boyd agreed. Commissioner Matt McCabe said that the City would need to put more funds in the 2006 utilities and the numbers would have to be estimated. He said that people need to know that budget forecasting is not an exact science. He also said that there was a huge increase in the budget for utilities and they would need to keep an eye on that because it is not set in stone. Gordon Boyd said that the City has saved a lot over the years and the market conditions are not right for it at this time. He said that the City is better off with a supplier at a variable rate. Commissioner Stephen Towne asked if a contract switch from a fixed rate to variable rate would carry a penalty. Gordon Boyd said that it would not. Commissioner Stephen Towne moved and Bill McTygue seconded to authorize the Mayor to sign the contract with NYSEG solutions at the variable rate price, determined monthly, per kwh for electricity contingent upon City Attorney’s and the City’s Risk & Safety Manager’s review. Ayes all. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to add the Select Energy natural gas contract to the agenda. Ayes all. Select Energy Natural Gas Contract (2005-254) Commissioner Stephen Towne said that last year the City chose a fixed rate option of $14.65 dth. He said that Gordon Boyd would explain the City’s options on a fixed rate versus market rate. Gordon Boyd said that the natural gas prices have trended up all year. He said that they are fairly tethered to the price of oil. Gordon Boyd said that the prices have risen in part because of increases in oil, but the Wall Street Journal has reported that people have also been trading gas more often because of the frequency of financial swing. The City was paying at a fixed price and they have saved a whole year of money within the last quarter. He recommends that the City opts for a variable rate plan until the end of the winter when they can lock in for an extended period of time. Stephen Commissioner Towne asked Gordon Boyd if he would be the point person for this contract in addition to the electric contract. Gordon Boyd agreed. Gordon Boyd concluded that a 16 month contract would allow them to have 12 months remaining for the locked rate. Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign the contract with Select Energy at the variable rate option for 16 months, contingent upon review by the City Attorney and the City’s Risk and Safety Manager. Ayes all. Corrective Actions – Compensation Agreement – Risk & Safety Manager Commissioner Stephen Towne said that it was to increase the salary of this position because it has no longevity increases included like other municipalities have. He said that he has had discussions with the County Director of Human Resources, the Finance Department and CSEA. He said that this item needed further review because it could impact other positions. He said the Council should not act at this time. Corrective Actions – Assistant Purchasing Agent Position (2005-255) Commissioner Stephen Towne said that over the years, with the City’s growth, purchases have increased significantly. At this time, the assistant purchasing agent processes nearly 15,000 vouchers and 1,000 purchase orders each year. It is simply no longer possible for this position to process the amount of vouchers and purchase orders within her regularly scheduled hours and it has been that way for awhile now. For the last several years, the assistant purchasing agent has worked 40 or more hours per work, booking comp time when doing so. Because there is a maximum amount of hours 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 that can be booked in compensatory time, she is no longer able to earn compensatory time, can no longer work more than her regularly scheduled 33 hours. The increase from 33 to 40 hours more accurately reflects the hours utilized to complete the functions of this position. The funding to increase the hours from 33 to 40 was included in the 2006 budget. Commissioner Thomas McTygue said that the labor contract approved a 3.5% increase and he did not understand why a grade change was necessary. He said that it represents a 10-15% salary increase. Commissioner Stephen Towne noted that these changes were included in the budget. Commissioner Matthew McCabe said that included in the budget was $8,500 for the Records Manager and $10,500 for the Assistant Purchasing Agent. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to increase the hours of the Assistant Purchasing Agent Position from 33 to 40 and to increase the grade from 13 to 15. This change in grade and hours has been approved by the CSEA City Hall Union. Ayes all. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that Karen Slayton maintain the position of Assistant Purchasing Agent and increase her hours from 33 to 40 effective January 1, 2006 and increase from a grade 13, step 10, to grade 15, step 4, effective January 1, 2006, as well as, have a new step anniversary of January 1, 2006. Ayes all. Corrective Actions – Records Management Coordinator Position (2005-256) Commissioner Stephen Towne said that recently, the position of Records Retention Coordinatorwas reviewed and modified. Over the years, the duties have increased and become more complex. This position serves as a centralized position working with all departments on records retention matters and grant management. The process of writing grants has become more complex and time consuming making it increasing difficult to complete the tasks within the regularly allotted 33 hours. This position has also been consistently booking compensatory time to complete the daily tasks. The increase in hours from 33 to 40 more accurately reflects the hours utilized to complete the functions of this position. The funding to increase the hours from 33 to 40 was included in the 2006 budget. Commissioner Thomas McTygue said that he was not aware that grade changes were being made. He said that the Council is being gracious with these changes and he would bring forward grade changes for his department at the next meeting. Commissioner Matthew McCabe said that the grade changes are reflected in the 2006 budget and they are in line with the movement to a 40 hour schedule, which triggers the rate increase. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to increase the hours of the Records Retention Officer from 33 to 40 and to increase the grade from 10 to 13. This change in grade has been approved by the CSEA City Hall Union. Ayes all. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that Nancy Wagner maintain the position of Records Retention Coordinator and increase her hours from 33 to 40 effective January 1, 2006. Nancy will also move from grade 10, step 10 to grade 13, step 10 effective January 1, 2006, as well as, have a new step anniversary date of January 1, 2006. Ayes all. Funding for Cable Franchise Renewal Resolution Commissioner Stephen Towne said that it was his intention to reserve funds to help subsidize the current franchise agreement and the potential fees. A closer review of the mechanics has shown that more researched is needed and he planned to move this to the December 20, 2005 agenda. Appointment to the Board of Assessment Review Commissioner Stephen Towne withdrew this item from the agenda. Issuance of Dog License Resolution (2005-257) 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Commissioner Stephen Towne said that the City was recently notified by the NYS Department of Agriculture and Markets, that beginning with licenses issued on January 15, 2006, municipalities have the option of issuing licenses for up to three years duration. In order to do so, the City must adopt this option. This new law does not require that owners purchase multi-year licenses. Owners may still choose one, two or three year licenses as long as rabies vaccination is still current. The fees for multi-year licenses will double for a two year and triple for a three year. Those new multi-year fees have been included in the fees to be adopted this evening on the Finance Department’s agenda. Commissioner Matthew McCabe said that he would like to know how many dogs were licensed per year. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: WHEREAS, recent revision to the New York State Agriculture and Markets Law permit municipalities to issue dog licenses for up to three (3) years duration, WHEREAS, this Council finds that it is in the public interest to allow dog owners to license their dogs for one, two, or three-year periods as they may desire. NOW, THEREFORE, BE IT RESOLVED as follows: 1. This council hereby adopts multi-year licensing for dogs in accordance with the provisions of the Agriculture and Markets Law. 2. A copy of this Resolution shall be forwarded immediately to the New York State Department of Agriculture and Markets. Ayes all. FINANCE DEPARTMENT Approve Payrolls Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following payrolls: November 18, 2005 - $370,113.33, November 25, 2005 - $382,592.58, and December 02, 2005 - $392,026.76. Ayes all. Approve Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the following warrants: 2005 regular warrant 12/06/051DEC05 $255,496.04 2005 mini warrant 11/23/05MC2NOV05 $155,293.65 2005 mini warrant 11/30/05MC3NOV05 $336,010.48 Ayes all. Budget Transfers – Contingency Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the 2005 Budget Transfers-Contingency that was previously distributed (Attachment A). This set of transfers is listed separately, per the budget transfer policy, and have met the transfer guidelines. Transfers from Contingency must include an update of the remaining contingency balance, and these are as follows: 9 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Lines 1-2: From the Finance Department, this request is to use $15,100 from the contingency line to cover costs for the labor attorney. The current revised budget amount in the contingency line is $260,000, there will remain $244,900 after this transfer. Lines 3-4: From the Finance Department, this request is to use $2,250 from the contingency line to cover the fee for the actuary that was required to participate in the new federal program entitled “Retiree Drug Subsidy,” under which the City is eligible for funds. The current revised budget amount in the contingency line is $260,000; there will remain $242,650 after this and the aforementioned transfer. Lines 5-6: From the Finance Department, this request is to use $15,000 from the contingency line to cover interest on a revenue anticipation note. The current revised budget amount in the contingency line is $260,000; there will remain $227,650 after this and the aforementioned transfers. Lines 7-38: From the Public Safety Department, this request is to use a total of $80,869 from the contingency expense line to cover the contractual increases approved at the 11/18/05 City Council meeting, for 2005 retroactive salary for CSEA Union members in the Public Safety Department, as well as the contractual increases approved at the 11/15/05 City Council meeting for 2003-2005 for the Police Admin and Police Lieutenants Union members. The current revised budget amount in the contingency line is $260,000; there will remain $146,781 after this and the aforementioned transfers. Ayes all. Budget Transfers – Payroll Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the budget transfers for payroll as distributed with the agenda (Attachment B). They are listed separately and meet the transfer guidelines. Ayes all. Budget Transfers – Regular Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the regular budget transfers as distributed with the agenda (Attachment C). They are listed separately and meet the transfer guidelines. Ayes all. Budget Transfers – Social Security Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget transfers for social security as distributed with the agenda (Attachment D). They are listed separately and meet the transfer guidelines. Ayes all. Budget Transfers – Retirement Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded to approve the budget transfers for retirement as distributed with the agenda (Attachment E). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the budget amendments as distributed with the agenda (Attachment F). They meet the amendment guidelines. Ayes all. Clarification of Motion November 18, 2005 Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded that pending issuance of a judgment, the request of 11/18/05 shall be funded from the self insurance expense line. Ayes all. 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 Tax Rate Approvals (2005-260) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded the approval of the 2006 tax rates as follows: Debt Service/Capital Fund Tax Rate: 0.4783 General Fund Tax Rate: Inside: 4.2528 Outside: 4.2275 SAD Tax Rate: 0.4602 These tax rates are based on the 2006 budgets approved on 11/15/05. Once approved, the rates will be forwarded to the County for individual bill printing. Ayes all. 2006 Fees (2005-259) Commissioner Matthew McCabe listed some of the proposed changes in 2006 fees. He noted that the Civil Service, Heritage Area, and Visitor Center’s fees would remain the same. He also noted that the Planning Board, Zoning Board of Appeals, Design Review Commission and Building Department fees should be revised as soon as possible. Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the proposed 2006 fees. Ayes all. Bollam, Sheedy, Torani & Co. Annual Audit Contract (2005-260) Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded the authorization for the Mayor to enter into the 2006 contract for the 2005 annual audit with Bollam, Sheedy, Torani & Co. The fee is $19,500, and has been budgeted in the Finance Department Service Contracts – Professional Services line. Ayes all. City Center Lease Commissioner Matthew McCabe said that they have submitted the draft lease agreement to the City Center Board and they will review it. He said that it would return to the City Council on the December 20, 2005 agenda. The PILOT agreement expires in January 2007, at which time the hotel tax will be paid. This new lease would adjust to the loss of the PILOT funds so that the City Center may remain a viable revenue generator for the City. The City must do everything possible to maintain that. He said that the City has never accepted revenue from the Hotel and without the PILOT there is a hole in the City Center’s budget. He also noted that there should be a cap in the amount that the City receives in the event that assessments rise. He recommended a yearly review through the Finance Department and City Council. Mark Baker, Director of the City Center, expressed his appreciation to Commissioner Matthew McCabe and his staff. He said that they have put forth a tireless effort to craft an agreement, which would ensure the health of downtown and the City Center, which serves the community. The City Council voted unanimously to approve New York State legislature that empowered the City Center authority for another 25 years. The City Center plans to continue to operate, expand and renovate this facility. He said that the new lease is based on the current lease and reestablishes the relationship between the City and the City Center authority and allows them to go to other county agencies for resources for expansion and renovations. It also allows RFPs for viable development in the City so that they may continue to serve multiple groups within the community. The 20 year model has worked and they plan for it to continue in the future. Tony Izzo, Assistant City Attorney, said that there are a lot of documents that the authority of the City Council has referenced, such as, deeds and other agreements. He said that the City now has the copies. He said that the new lease would allow flexibility for years to come. Victorian Streetwalk Susan Farnsworth, Director of Promotion and Marketing Saratoga Springs Downtown Business Association, said that 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 they held the 19th annual Victorian Streetwalk on Thursday, December 1, 2005. She said that to say the event was a big success, was an understatement. They had 47 entertainment venues, which was the biggest amount to date. She said that the shoppers and walkers had no problems maneuvering around the event with the close of Broadway. She said that the close of Broadway and the CDTA shuttle buses were critical to the success of this event. She thanked the numerous members of Public Safety who made this event possible. She said that between the hours of 4 p.m. to 10 p.m., she did not hear one complaint about parking. There was no traffic jam on South Broadway, as they thought there would be. She said that the CDTA shuttle buses ran from 4:30 p.m. to 10:30 p.m and they doubled the number of carloads from last year to 1500. She thanked Commissioner Thomas McTygue for use of the Weibel Avenue Ice Rink parking lot. They utilized three lots this year, including the Railroad Station and the NYRA Oklahoma lot. She asked that the Council support the ordinance to leave animals home at special events. She said that it was dangerous to children. She also thanked Mayor Michael Lenz for lighting the tree. She presented the Council with a commemorative Saratoga Springs Victorian Streetwalk ornament. Commissioner Matthew McCabe thanked NYRA and CDTA for their assistance. He said that CDTA covered the added expense and they will use the same shuttle service for next year’s Regatta. He noted that there was an article in the Capital District Business Review that explained that people can save up to $400 a month by taking the shuttle. He said that would mean fewer cars throughout Saratoga County. People should look at this information when they review their IRAs and retirement accounts. He is not suggesting that people give up their cars, but there are significant savings that could be involved. PUBLIC WORKS Donations Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to accept a $200 donation from the Principessa Elena Men’s Association to be put towards the renovation of the Italian Gardens. Ayes all. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to accept approximately 700 feet of sidewalk from Steve Ethier on Jefferson Street at $6 a linear foot for a total of $21,000. Commissioner Thomas McTygue said that another section would be provided from an adjacent property, which will allow for sidewalks all the way through this area. He said that the Harness Track would also be donating sidewalk on the east side so that people do not have to walk on the street. Ayes all. Casino Repair Contract Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to authorize the Mayor to sign a contract with Ganem Contracting Corporation in the amount of $7,815.00 for repairs to the exterior of the Casino where the squirrel damage was found. The money will come out of the capital account. Ayes all. Permission for DPW Employee to Use Sick Bank Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that DPW employee, Kirby Wilcox, may be entitled to use 9 days from the sick leave bank as per the union contract. Commissioner Thomas McTygue noted that he had an operation and used all of his sick time. Ayes all. Waive of Bid for Casino Restroom Renovation (2005-261) Commissioner Thomas McTygue said that DPW is under a time constraint so bidding these renovations out is not possible. He said there are twenty days in January when there are no events scheduled at the Casino. They received three 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 quotes for the work and only Mr. Waldron can perform the work in January. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded for Titan Mechanical of Saratoga Springs to perform the much needed repairs to the Casino Ladies Room in the amount of $28,162.00 with a 15% contingency of $4,224 and to authorize the Mayor to sign a contract contingent upon the City Attorney and Risk and Safety Manager’s approval. The money will come from the chair rental account pending a budget amendment. Ayes all. PUBLIC SAFETY DEPARTMENT School Resource Officer Contract (2005-262) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to authorize the Mayor to sign the 2005- 2006 School Resource Officer contract with the Saratoga Springs School District contingent upon the City Attorney and Risk and Safety Manager’s approval. Mayor Michael Lenz noted that the contract provisions are unchanged from last year. Commissioner Matthew McCabe said that the contract amount was $40,000. Ayes all. “Buckle Up, New York” Campaign (2005-263) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept an award in the amount of $11,000 to participate in the statewide “BUCKLE UP NEW YORK!” campaign. The goal of the program is to increase belt usage in an effort to reduce serious injury or death from traffic crashes. Ayes all. DARE Program (2005-264) Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to accept a donation from the Gurtler Brothers Post #420, VFW Ladies Auxiliary in the amount of $200 for the DARE program. The motion also included a $500.00 donation from Walmart for the DARE program. Ayes all. Set Public Hearing – “No Parking Anytime” Mayor Michael Lenz said that this public hearing was in reference to the east side of Putnam Street within 30 feet of, and between the library driveways. The Council agreed to a public hearing on December 20, 2005 at 6:25 p.m. Set Public Hearing – Amendment to Chapter 101 “Dogs and Other Animals” Mayor Michael Lenz said that this was the request that Susan Farnsworth mentioned in reference to dogs at special events. He said that this is a request from Public Safety for an ordinance to amend Chapter 101 entitled “Dogs and Other Animals.” The Council agreed to a public hearing at the December 20, 2005 meeting at 6:20 p.m. SUPERVISORS County Update Phil Klein said that the County Water Committee would be meeting on Monday, December 12, 2005 at 8:30 a.m. in the County building. He said that they would be meeting on December 20, 2005 in regards to the budget. He also noted that a 6% decrease in the County tax rate was looking good. PUBLIC COMMENT PERIOD Mayor Michael Lenz opened the second public comment period. Kyle York, 59 Railroad Place, said that there was an editorial this morning in the Saratogian regarding ethics. He saidthat 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 6, 2005 he is not sure if the paper has the facts correct. He considers the City Council to be an exceptionally ethical group as a whole. He referenced the Council taking action to cover the councilman who would not be covered by the policy for municipal officials. He said that the Council was intending to use taxpayer money and he takes great issue with this. He said that he would like to know if the editorial was accurate and why the City should pay for something that they should not be paying for. He asked if the Council would comment to the press or public about this. Jack Rouse, 227 Grand Avenue, said that he is speaking for the Saratoga Citizens for Affordable Taxes. He said that they have comments in regards to the 2006 budget. He noted that the City saved on health insurance costs and they would like to know what the surplus is for 2005. They would like a written response in conclusion of the 2006 budget meetings. He knows that there is no answer at this time and they process troubles him. He said that there is no process for the flow of answers back from the Council. They speak, but do not get answers to their questions. He said that the Council needs to be more informative when discussing agenda items. He noted the 2006 fees that were discussed tonight. He said it is great that they would generate more revenue, but they would like to know the projected increase in revenue from the increase in fees. Commissioner Matthew McCabe said that he would try to determine how they arrived at the increased fees. He said that his staff has spent more time than any other Commissioner getting the information to the public. He said that his deputy has spent many hours on the phone with Mr. Lawton answering the questions. He said that Mr. Lawton has the answers. He also said that the answers were set forth in the budget presentation in written form and in graphs. He makes every effort to answer questions, even from people who have not read the budget. He said that Christine Gillmett-Brown also made a presentation to answer all of the questions. There being no one else wishing to speak, Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 8:54 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 8:54 p.m. Respectfully submitted, Nicole Wells Clerk Approved: 14