City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, OCTOBER 23 , 2007 6:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order. She said tonight’s meeting includes two agenda items and a budget workshop. MAYOR’S DEPARTMENT City Center Authority Request for Lead Agency (07-187) Mark Baker, Director of the Saratoga Springs City Center said that a resolution was passed by the City Council at its June 5, 2007 meeting designating the New York State Dormitory Authority as the lead agency for the City Center Expansion and Renovation project but it has since been determined that a full coordinated review is required, so the NYS Dormitory Authority decided that the City Center Authority should be the lead agency regarding State Environmental Quality Review Act (SEQRA) for a full coordinated review. Mayor Valerie Keehn read the following resolution: Resolution Confirming Support of Saratoga Springs City Center Expansion and Renovation Project and Consenting to Designation of the Saratoga Springs City Center As Lead Agency for SEQRA Review WHEREAS, the City of Saratoga Springs is the owner of a convention facility known as the Saratoga Springs City Center (City Center; and WHEREAS, the Saratoga Springs City Center Authority (Authority) was created by Special Legislative Act for the express purpose of constructing, operating and maintaining the City Center; and WHEREAS, in accordance with the Authority’s lawful purpose, the City has leased the City Center to the Authority for a period ending July 2032; and WHEREAS, it has become clear that timely, efficient review and implementation of the City Center Expansion and Renovation Project (Project) Is of the utmost importance to the fiscal viability of the City Center and the economic viability of the Saratoga Springs community; and WHEREAS, the Project is subject to the mandates of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, in accordance with SEQRA, the Authority has notified all involved Agencies of its intent to assume Lead Agency status; NOW, THEREFORE BE IT RESOLVED, that the City Council hereby revokes Repeals and annuls its Resolution adopted June 5, 2007 consenting to the New York State Dormitory Authority’s designation as Lead Agency pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Mayor of the City of Saratoga Springs City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 Is hereby authorized and directed to execute any and all documents necessary to evidence the City Council’s assent to the Authority’s Lead Agency designation. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to accept the resolution to support the Saratoga Springs City Center expansion and renovation project and designate the City Center Authority as Lead Agency for SEQRA review purposes. Ayes all BUDGET WORKSHOP Commissioner Matthew McCabe said that all materials are available on the City Web site including the 2008 Comprehensive Budget, Supplemental, Summary and Overviews. He said all requests received to date are compiled on a chart previously distributed. This chart does not represent the preliminary budget but it does reflect all departments’ requests for changes since the 2008 comprehensive budget was submitted. He listed those changes by department. Mayors Department-Civil Service submitted a request for $104,000 for software for Personnel Management OFFSET BY A $52,000 revenue increase – the SS City School District will reimburse for half of the $104k requested. Civil Service and HR presented this at the 10/17/07 budget workshop. Public Works has requested $104,000 extra, including $15,000 for sidewalk repairs where trees have raised sidewalks; $4,000 for the Geyser Bridge Road; $35,000 for vehicle repairs; and $60,000 for the replacement of two pick-up trucks for the “Streets” sub-department with no offsets. Accounts Department has requested $40,000 for refund on current year tax payments where grievances are expected to result in payouts. This is offset by a $40,000 expenditure reduction to the contingency expense line because this was originally budgeted there so this is a wash. Public Safety has requested $50,152 in increases and a corresponding $50,152 in decreases. Public Safety states the following: $10,000 for a part-time Account Clerk for the Police Department for routine duties such as filing, compiling reports, answering citizen requests, assisting the ID office, inventory of evidence, etc. These functions are currently being performed by the police officers or police supervisors. A 20 hour/week part time account clerk at $10.00 per hour would allow the officers and supervisors who average $25 per hour or more to perform functions they were trained for and reduce overtime. Public Safety has requested $38,825 for a second Animal Control/Parking Enforcement Officer to work from 3 PM to 11 PM. Currently there is only one Animal Control/PEO officer; this person is paid about $44,000 in salary plus an additional amount of almost $30,000 in overtime because of scheduling. Public Safety records indicate that 124 of 414 animal calls were received during 3 PM and 11 PM so far this year. A full-time person is needed during these hours. There are plenty of parking violations to be enforced during these hours, especially alternate side parking. This position will also be revenue producing, perhaps enough to pay for itself. Commissioner McCabe commented that this request would also require an additional $15k in health insurance benefits and $2,970 in social security bringing the total salary and benefits to $56,795. The Department of Public Safety has also requested $1,327 for a salary upgrade for the Police Cleaner from Grade 7 step 4 to Grade 8 step 4 because the job descriptions and duties for the Police Cleaner and the DPW Laborer are similar and they are requesting pay parity. Commissioner McCabe said this would start the steps all over again for this position. The upper range for Grade 8 is $40,714. The DPS requests are offset by a total expenditure reduction of $50,152 including $9,031 reduction in the Patrolman expense line, $6,500 part time Police Officer eliminated, $31,421 full time Parking Enforcement Officer eliminated; and $3,200 part time Parking Enforcement Officer eliminated. 2 of 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 Commissioner McCabe said he is not sure the patrolman line can be reduced without shorting amounts needed; this is usually a budget per salary per patrolman. Commissioner McCabe said that the City has received a new projection regarding the retirement costs. The new project shows a decrease in the amount that will be paid for Police and Fire, and increases for amounts paid for “Other Employees” for a net decrease of $18,195.02. On the revenue side, the additional money received this year is not a surplus until all revenues are considered and offset against expenses; the department does not evaluate one revenue item at a time especially when calculating surplus. Commissioner McCabe said that operating surplus or deficit is calculated by comparing all revenues collected against all expenditures, and if revenues collected are greater than expenditures there is an operating surplus for the year; if revenues collected are less than expenditures there is an operating deficit. Commissioner McCabe said the changes proposed so far will take the average tax rate per thousand from $5.18 to $5.22 a 5.81% increase over 2007. Deputy Public Safety Commissioner Frank Dudla said the Animal Control/Parking Enforcement Officer is being offset by the elimination of a Parking Enforcement Officer who already has benefits that are in the budget; the position is being re-classified so there would be no increase in social security and health benefits. Mayor Keehn asked whether there is going to be an increase in the amount of money that non-profits and sporting groups pay to the city as user fees. Commissioner McCabe said that the review time for that was when the budgets were submitted but adjustments could still be made. Linda Terricola, Recreation Director, said that the 2008 budget does not include any user-fees for non-profits, or an increase in user fees. Commissioner McCabe said there was a substantial increase in recreation fees last year and the Saratoga School District pays the city $50,000 per year plus $25,000 for capital to maintain under contract certain aspects of the east and west side recreation fields. He said that attempts made to increase the amount of money the school pays were unsuccessful. There are a lot of people and groups using the recreation fields free while the City pays for the lights and maintenance personnel. He said that some of the groups do in-kind work and in the future there should be discussions with representatives of all field users brainstorming the costs and fees of these programs. Linda Terricola said adult user groups are charged, but not youth groups. Commissioner McCabe clarified that the revenues from the race track are less than the revenues estimated in the City’s 2007 budget. He said that the estimated admissions tax this year did not meet the City’s budgeted amount; but the reality is that the attendance at the track was up and has been accounted for in the revenues estimated in the 2008 comprehensive budget. Mayor Keehn said the capital program is not addressed in the comprehensive budget and in addition to the East Side EMS station and the Public Safety Facility, there are 23 other items in the capital budget for 2008 totaling $9m; the council should decide whether to address some or all of the items in 2008 or 2009. Commissioner McTygue said that DPW is working with Finance to reduce the amounts of some of the requests for infrastructure improvements; the southeast drainage system project should be moved forward. He said they could reduce the numbers on some of the projects or move them to 2009. Commissioner McCabe said that the goal is to eventually agree on priorities in amounts affordable to the City. Mayor Keehn said that the Recreation Commission is willing to move the $151,000 for the resurfacing of the tennis and basketball courts from 2008 to another year. She said that there is a resurfacing plan set up by priority that could be bumped forward one year rather than budget for all the courts to be resurfaced in 2009. William McTygue, Director of Public Works said that the Jefferson Street Sanitary sewer project could be removed from 2008 could be delayed since there are other major infrastructure projects in that area, and it would reduce their requests by $1m to be funded within the sewer budget. Commissioner McCabe said he appreciates these efforts. Mayor Keehn said there is positive movement on some of these items. Commissioner Matthew McCabe closed the budget workshop. PUBLIC COMMENT 3 of 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 Mayor Valerie Keehn opened the public comment period. John Kraus, 227 Grand Avenue said he has attended all budget meeting for the 2008 budget and the first workshop contained positive attempts to include the capital budget with the comprehensive budget. He said that the City Council must continue to make progress. He said that the public safety facility proposed is a viable option but the council should explore other options particularly since there is an urgent need to fund the critical infrastructure projects proposed by the public works department. The proposed public safety facility should not be complicated with elaborate extras such as walkway bridges, because there would have to be one bridge for escorted prisoners and another for the general building population; he requested to see official documents stating the requirements for the court and how they impact the proposed facility. He said the Commissioner of Finance should release some of the VLT revenues received in 2007 to help fund some of the capital projects proposed for 2008. He said the goal is for the City Council to agree on a reasonable tax rate, increase revenues to absorb some of the burden, and support the inclusion of those projects in the 2008 budget. He suggested keeping it simple, placing ideas such as a larger High Rock development project or the sale of City Hall on the back burner. Paul Garhartt, 63 Jones Road, Wilton said he is the vice president of the Babe Ruth organization and he questioned the status of the field lights project for Geyser Road. He asked what happens to money previously donated for field lights by various leagues if the project is not completed. He said that the youth of Saratoga need to be able to use the fields at night, and the Saratoga Babe Ruth organization funded the lights at the east side recreation field but the 13 to 15 year old members of Babe Ruth players only get to use that field once or twice a year because the public school team, the Phillies, the Stampede and other groups use that field also. He suggested adding concession stands at Geyser Park and hosting baseball tournaments to earn money toward the maintenance of the fields to mitigate some of the City’s costs. Commissioner McCabe said that $21,000 has been raised towards the Geyser Light project and the estimated cost for the project is $253,000. He said if the City council did not proceed with the project, the donations would be returned. He said that when funding is approved for a project, in 2008 the projects would be bonded, some together and some separately, and when the funds were appropriated, the bid process would begin; it is possible that the project would not be completed until 2009. Linda Terricola thought the lights were bonded and the money is lost if the project is not started in 2008. Deputy Commissioner Bachner said that only $49,000 was bonded for the project because they applied for a grant which did not come through and the bids came back with a higher cost to the project than anticipated. Commissioner Franck suggested that one of the baseball organizations approach the new beer and beverage distributor, Eagle, coming to that area, for donations or contributions toward the lights. Linda Terricola said she would consider that. Mayor Keehn said that opportunities for grants and donations should always be pursued. She said the problem of availability of fields will continue if we want to keep the Phillys in the City and accommodate our local teams. The Phillys attract visitors and benefit city businesses. Seeing that no one else wished to speak, Mayor Valerie Keehn closed the public comment period. ACCOUNTS DEPARTMENT Nothing at this time FINANCE DEPARTMENT Nothing at this time PUBLIC WORK S DEPARTMENT Nothing at this time DEPARTMENT OF PUBLIC SAFETY 4 of 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 Executive Session Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to go to Executive Session to discuss the firefighter contract. Ayes all The city council adjourned to executive session at 6:55 p.m. Firefighter Contract (07-188) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the memorandum of understanding between the City of Saratoga Springs and the City of Saratoga Springs Firefighters Union Local 343 for the period commencing January 1, 2007 through December 31, 2010. Commissioner Kim said that it is a four year agreement with annual increases of 3.5%, the first being retroactive to January 1, 2007. He said the contract lowers starting salaries from $41,461 to $30,500 beginning in January 2007; it would take three years for a firefighter to make what is currently the starting salary. He said the department anticipates a minimum of two or three retirements over the next two to three years; there is a change in the healthcare benefits where any firefighter with ten years or more of employment or reaching top firefighter salary must pay $10 weekly towards the cost of their health benefits, He said the article dealing with general municipal law 207a, the firefighters disability procedures has been substantially altered Another change is that a firefighter who attains paramedic status will be given a lump sum of $1200 annually and there is a new section in the contract regarding drug and alcohol policy and testing plans. Commissioner Franck said that a contract of this magnitude should be discussed and voted on during a regular City Council meeting, not at a forum where there are only four people in the crowd. He said there is no arbitration/mediation deadline before November 7 and he doubts that the firefighters would walk away from the agreement in that short time. Mayor Keehn said this was on the agenda at the last City Council meeting, which was a regular meeting with a full house. Commissioner Kim said there was an executive session held to discuss the contract and there were some outstanding questions, which have since been answered. He said they have been working on this contract since December 2006, and they were in mediation when this agreement was crafted. Commissioner John Franck said that two weeks should not make much difference. Commissioner McCabe asked City Attorney Michael Englert to clarify specifically what is being voted on since the memorandum of understanding indicates the contract should be amended in the following respects only and there are six items listed. City Attorney Michael Englert said that the provisions listed as changed affect operational clauses of the existing contract. He said that the introductory piece with “whereas” clauses simply state the parties background with respect to the contract and anyone signing on to this contract should believe the clauses are true but they are not operational clauses of the contract upon which someone could sue. Commissioner McTygue said that no one seems to be aware that the Council is voting on one of the largest labor contracts in the City; everyone wants open government but this is being brought before the council when only four people are in the audience and not one newspaper is represented. He said that the “whereas clauses”, concern him particularly since they are being put forth without a chance for the public to comment, and the clauses refer to an additional 16 firefighters. Commissioner Kim said this agreement lowers the starting salaries for firefighters; as part of the agreement, in response to legal advice, several “whereas” clauses were included in an introduction. He said the clauses do not commit the City to a new fire station or new staff; there is no contractual commitment for the City to move forward with construction or staffing. Commissioner Kim clarified for the record that the contract lowers starting salaries and does not obligate the City Council to build an east side firehouse or add staff. Commissioner McTygue said that no agreement was made by the City Council to build a full size fire station on the east side of the Northway; the only thing discussed was an emergency response station and at that time the Assistant Fire Chief said additional personnel were not needed to man the station. Commissioner McCabe said that the cumulative total cost of this contract from January 2007 through December of 2010 is $557,200 with revenue generated back amounting to a little over $43,000 in health insurance payments. He said it is a lot less than the Police contract that he voted against and the rest of the 5 of 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 Council supported. There is an advantage to settling this contract now, and most of these contracts are not good for the taxpayer because we do not make the concessions in healthcare. He said there are contributions to be made by the senior firefighters that are similar to those being made by the Police, and there is the initial small percentage of contributions for starting firefighters. He said the reduction of the starting salaries is a major concession. He believes that the numbers within this contract are as good as possible. Commissioner Ron Kim said this was on the agenda at the last full City Council meeting and could have been brought out if there were questions; there was no attempt to put this in a special meting to hide anything, the firefighters’ union held a special meeting to get the contract on this agenda and he does not know what will happen if it is not voted on tonight. Commissioner McCabe said that contracts have been voted on and discussed at special meetings before; City Council members should learn to put the issues on the table during the process instead of at the end of the process. Mayor Keehn said there was no backroom deal, at the last executive meeting some Commissioners wanted to include within the “whereas” clauses indicating that any possibility of building a third fire station is subject to budget constraints and City Council approval. She said that no future City Council is obligated nor is this City Council obligated to build the station or add the staff. She said that regarding the incentive of $1200, the word total was added by request; and another concern was about the timing of when the senior members begin their contributions toward healthcare costs. She those were the three primary items discussed at the executive session and all of those have been addressed within this memorandum of understanding. She said that tonight’s City Council meeting was properly scheduled, announced and advertised. Commissioner McTygue said that there are two other contracts where new employees contribute 20% to health insurance. He does not understand why the firefighters do not have that requirement; the goal was for each bargaining unit to be at the same level of contribution towards health insurance. Commissioner McCabe said that there are enough concessions in other places in the contract that it warrants approval. Deputy Commissioner Dudla said the current contract required a firefighter to have EMT certification and for that they get $300 extra; if they are an EMT1 they get $600, and if they are a paramedic, they get an extra $600. This agreement is increasing the education stipend for a Paramedic from $600 to $1200; there are currently 21 Paramedics, so the budget impact is $12,000 annually. Commissioner McCabe said the estimated revenue for the contributions toward health insurance by the senior members of the fire department essentially offset the increase of the Paramedic educational stipend. He said that given the increases in the cost of health coverage, providing those benefits should be considered part of a raise. In the future, the Council should reduce compounding raises and treat all the numbers including provision of health benefits as a cumulative raise. It is the way that government must go in order to continue to attract the people that are qualified to do these jobs. Commissioner John Franck moved and Commissioner Thomas McTygue seconded to table the discussion and vote on the firefighters ’ contract. Ayes 2 (Commissioners Franck, McTygue) Nays 3 (Mayor Keehn, Commissioners Kim, McCabe) the motion to table was defeated. Commissioner Matthew McCabe said he agreed with Commissioner Franck on principle but he is concerned about the timing and that it might prove to be more costly if is not supported this evening. Mayor Valerie Keehn said that the team that negotiated this contract included Commissioner Kim, Deputy Commissioner Frank Dudla, Marcy Brydges, Human Resource Director, and outside counsel Chris Watt and they are to be commended for their hard work. Commissioner John Franck said he is opposing the contract primarily because it is not being brought before a regular City Council meeting. Commissioner Ron Kim said this was not an easy contract and the negotiating team worked hard, and it is unique because it lowers starting salaries; with this contract, it takes a starting firefighter three years to get to 6 of 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 23, 2007 the salary that in the previous contract they started with on day one. The contract was in the best interest of the City because it saves over one quarter of a million dollars in salaries. He said that the east side fire station goes to the safety of the community. He applauds the President of the IAFF Local 343 Fred Whipple and his Executive Board for working out this agreement. Commissioner McTygue stated that he opposes the contract because he does not like the introduction with the “whereas” clauses and the fact that it is not being discussed at a regular City Council meeting. He is concerned that there is an increase not a savings, especially if the department adds 16 firefighters and builds a new east side fire station. Mayor Valerie Keehn called the question. Ayes, 3 (Mayor Keehn, Commissioners Kim, McCabe); Nays 2 (Commissioners Franck, McTygue) PUBLIC COMMENT Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner John Franck moved and Commissioner Thomas McTygue seconded to adjourn the meeting. There being no further business, Mayor Valerie Keehn adjourned the meeting at 7:55 p.m. Respectfully submitted, Nancy Wagner Clerk Approved: 7 of 7