City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 4, 2007 6:15 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW PRESENT: Supervisor Joanne Yepsen Supervisor Cheryl Keyrouze STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts James Brophy, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Michael Englert, City Attorney Eileen Finneran, Deputy Mayor PUBLIC HEARING Local Law #9 – Discharges Activities & Connections to the Saratoga Springs Separate Storm Sewer System Tony Izzo, Assistant City Attorney, said this local law is about discharge activities and connections to the Saratoga Springs Separate Storm sewer system. He said this local law establishes a new city code chapter that provides for enforcement mechanism. He noted there were a few typos in the document that needed to be corrected. He also noted that local law #10 would follow once reviewed by the Planning Board. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. EXECUTIVE SESSION Article 7 Matter Mayor Valerie Keehn said the executive session was called to order at 6:21 p.m. and adjourned at 7:05 p.m. She said there would be a motion on this matter on the Mayor’s agenda. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the first public comment period. Charlie Morrison, 88 Court Street, said there are many plans in the City including the comprehensive plan and open space plan that protect the entranceways to the City. The entranceways provide unique and important economic factors in the City. The public wants the entranceways protected. He reminded everyone of past proposals – exit 14, Anderson property, exit 15, Niagara Mohawk on Brook Road – and the outcry from the public with those proposals. There was great concern expressed about the Corcoran parcel on Route 50 and eventually the City purchased the parcel with the intent for it to be used as open space. He said there have 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 been many attempts to break the greenbelt. He urged the Council to not approve the Boyea proposal on Route 50. Susan Farnsworth & Dawn Oesh, Downtown Business Association, appeared before the Council. Susan Farnsworth said that she is the director of promotion and marketing for the DBA. She thanked the City and its many employees for the support and cooperation during the most recent Victorian Streetwalk. She said that the CDTA busses were an added feature that was used by many. She said there were more teenagers and fewer dogs. Dawn Oesh also thanked the Council and city employees and the sponsors of the event. She then thanked the outgoing Council members for their years of service to the City. Nancy Goldberg urged the Council to protect the open space in the City and to not support the Boyea proposal. She said that a variance was just granted for residential use in that area. Remigia Foy, 95 Oak Street, said there were statements made at the last Council meeting on the budget that she believed needed clarification. She said Commissioner Matthew McCabe expressed his reservations on the reliability of the major revenue sources while at the same time noting that the 2008 racing meet is in question. She said there was $8 million included in the budget for the DPS facility and there was an 8 percent increase in taxes. She said there is an additional $700,000 required for the design. The proposed DPS facility will cost between $12 and $14 million. There are only 27 days remaining to settle the racing issue and she suggested that this Council not make any decisions on the DPS facility. Wilma Koss, 160 Kaydeross Park Road, said the water system vulnerability assessment on the DPW agenda was of concern. She suggested that unless this assessment needed to be done right away, that the Council should consider using a new firm to look at the vulnerability. She then thanked the Council for allowing her to speak at all of the meetings. Lew Benton, 29 Thorobred Drive, Capital Construction Program Committee, said that the comment made by Remigia Foy for an additional $700,000 is not true. The Council adopted a capital program budget last year with $1 million for the design of a DPS facility. The 2007 tax rate was adopted based on the $1 million amount. The money has been borrowed, the tax rate was set and the residents are paying those taxes. He said Commissioner Matthew McCabe was chastised for putting the $8 million in the budget as well as being chastised for putting in only $8 million. He said it would be irresponsible of this Council to do nothing and he encouraged the Council to move forward. He said that last year, this Council unanimously adopted the capital program. This is a multi-phase contract and is not just for design but for construction review as well. He urged the Council to move forward. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. CONSENT AGENDA Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the consent agenda as follows: 1. Approval of Minutes: November 15 & 20, 2007 2. Appoint: Commissioners of Deeds: Sheila Brooks, William Crandall, Warren Wildy, Vanessa Canzone, J. Michael O ’Connell, Michael Lenz 3. Accept 2008 Price List for Water Meters – EJ Prescott 4. Approval Payrolls: 11/21/07 (11/23) $447,483.06 11/30/07 $410,531.39 5. Approval Warrants: Mid MC2NOV07 $175,886.60 General 1DEC07 $747,701.19 Ayes all. SUPERVISOR Joanne Yepsen Racing for 2008 and Beyond: Supervisor Joanne Yepsen thanked everyone for their support yesterday at the press conference. She said that a letter is available, which encourages state legislators to come to a decision, 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 for residents that they could sign and forward to the state legislators. She said there are some meetings scheduled over the next several weeks on the racing matter. MAYORS DEPARTMENT 2008 Community Development Block Grant Applications Mayor Valerie Keehn said the 2008 Community Development Block Grant applications will be available beginning December 6 at 6:00 p.m. in the Council room. The projects applied for must meet the needs as identified in the consolidated plan. Some of those projects may include: construction, renovation, rehabilitation, infrastructure improvements and others. The anticipated grant from the Department of Housing and Community Renewal is expected to be about $300,000. Completed applications are due in Community Development by 4:30 p.m. on January 31. Open Space Advisory Committee Mayor Valerie Keehn appointed Marjorie King Martin and Charlie Morrison to the Open Space Advisory Committee. Ethics Board Appointment Mayor Valerie Keehn moved and Commissioner John Franck seconded to appoint Dr. Edmond Amyot to the Ethics Board. He will replace Nicole Clark and his term will expire on December 31, 2009. Ayes all. Route 50 Rezoning – Boyea/Mitchell/Levine/DeRusso/Perrino Mayor Valerie Keehn said at the last Council meeting this zoning amendment petition was on the Accounts Department agenda. She said there was some confusion over the 30 day notice period. She said Commissioner John Franck said there was a 30 day time period, which was then confirmed by Brad Birge. Upon further research though, it was determined that there was no 30 day time period. Therefore, she has placed this item on her agenda to reschedule the public hearing. Mayor Valerie Keehn said she believed that this Council deserved to vote on this matter. She said she met with Chris Boyea nearly two years ago about this project. The City has been dealing with this property since 2002. She said that she has tried to get this Council to give up the practice of rezoning property that goes against the wishes of the residents, comprehensive plan and zoning ordinance. The City has a vision for the City in the Country. This particular group of parcels is the gateway from Ballston Spa to Saratoga Springs. She said she was afraid of how the next Council may vote on this zoning amendment. She noted that there is a proposal for a zoning amendment to another gateway to the City and if both are adopted, it would be a major change for the City. Therefore, Mayor Valerie Keehn requested that that public hearing on the zoning amendment petition be scheduled for the December 18 meeting at 6:40 p.m. She noted that she had received a letter from Chris Boyea requesting that the presentation and vote be held over to January when all of the applicants would be available to attend the meeting. She said though that this Council deserves the right to vote on this matter. She further noted that nothing precludes the applicant from asking the Council to look at this proposal again. She said if Chris Boyea has any additional information that the Council should consider, he should submit the material. Commissioner John Franck said this has not happened before. Zoning amendment petitions are normally placed on the Accounts Department agenda. The 30 day rule is a rule used in his office which allows the City time to review the material, advertise and to be sure that the process is followed. He also noted that this is the holiday season and the applicants have requested that the presentation and public hearing be held in January when they could all attend. There are nearly ten applicants listed on this application, some being of the Jewish faith. He said that due to the Hanukah and Christmas season, it was appropriate to honor their request. He further noted that this project needs a four fifths vote because the adjacent property owner had filed a protest. He said this is not about the vote, but rather it is about the procedure. He said if the Mayor’s Department was taking over scheduling of zoning amendment petition public hearings, then they would need to take over the 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 entire process. He said his department would not be part of the procedural process. It was up to the Mayor’s department to follow the procedures and to be held accountable. Mayor Valerie Keehn said there was a formal letter of protest submitted. She said the Planning Board voted 7- 0 to support the current zoning. She said she was not usurping any power, she was simply allowing this Council an opportunity to vote on this one critical piece of property. She said she was concerned that if this vote was left to the next Council that might not happen. She said her department would take charge of notifying neighbors. Marriage Resolution Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK 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, 2008 through December 31, 2009, 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, 2008 through December 31, 2009. 3. That the appointees shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Ayes all. Gideon Putnam Cemetery – Zoning Text Amendment Mayor Valerie Keehn said a public hearing also needs to be set for the proposed zoning amendment at the Gideon Putnam Cemetery. She said she was not sure why the Accounts Department did not add this to their agenda. She then requested that a public hearing be set for December 18 at 6:35 p.m. Executive session Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to add the executive session item to the agenda. Ayes all. Dryer vs. Moore/Cornick/City Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the settlement that has been proposed in the Moore vs. Curley & Dryer and Cornick vs. Curley/Dryer/City of Saratoga Springs. And also to provide for stipulation of dismissal in the case of City vs. NYMIR subject to a determination as to sum certain for Erin Dryer defense legal fees in the Moore and Cornick cases. Along with this settlement, the City is hereby authorizing payment of $20,000 which will come from the City Attorney ’s budget line and $20,000 from the self insurance fund representing the City’s deductible obligation under ou r insurance policy and that the Mayor is authorized to sign said settlement. Commissioner Thomas McTygue said the motion should reflect the entire amount paid to Moore and Cornick at $65,000 each. He said the motion leads everyone to believe that it was settled for $20,000 from each of the lines. Mayor Valerie Keehn said it was $20,000 from the City Attorney’s budget and $20,000 from the self 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 insurance fund. Commissioner Thomas McTygue said he would not support this motion. He said it might be the right thing to do because of the attorneys’ fees, however, he believed it was wrong that the City was sued by the Chief of Police and the Assistant Chief of Police. He said there were no damages to either of those individuals for the amount of money that they are getting. Commissioner Matthew McCabe said he supported Commissioner Thomas McTygue’s level of discomfort on voting on this matter, however it is the Council’s obligation to make decisions when they are before the Council. He said that as the financial officer he echoed Commissioner Thomas McTygue’s concerns; however, at the fiscal officer, he supported this motion. Commissioner Ron Kim said he would support this motion. He said he hoped it closed this chapter of a difficult situation and that the book could be closed on this matter. Ayes: three (Mayor Valerie Keehn, Commissioners Matthew McCabe and Ron Kim); two (Commissioners Thomas McTygue and John Franck). Motion carried. ACCOUNTS DEPARTMENT Risk Management Update Marilyn Rivers said it had been a busy year for risk and safety management. She said that the following tasks were addressed by risk & safety: 1. Capital budget: participated in the capital budget process for the Lake Avenue fire station, West Avenue fire station, DPW garage, new security system for Lake and West Avenue fire station and new camera security for City Hall. 2. Camp Saradac: revised safety protocols for safety manual, completed state mandated training and completed state mandated blood borne pathogen training 3. CDBG Funding: obtained funding for new concrete stairs for the rear entrance and front sidewalks for the senior center 4. CSEA building survey: City Hall winter survey and police Department dispatch area 5. Electronic safety education: placed safety bulletins on the City’s web page 6. Fire drills: completed four fire drills at City Hall 7. Fleet Safety: obtained accreditation as NYS National Safety Council Defensive Driving Instructor and completed training for DPS fire and parking enforcement personnel, DPW employees and Engineering, building, recreation and Assessment. 178 employees trained and the City now gets a credit on its insurance. 8. Generator Installations: completed Senior Citizen Center, City Hall and Police Department generator moved to DPS garage 9. MSDS NYS DOL Right to know: provided CD programming to city owned emergency response vehicles; completed mandate annual training 10. NYS DOL Regulation Initiatives: developed and implemented risk programming for Workplace Violence Prevention: including identification care for all full time City employees, panic button installation, barrier door placement and workplace violence prevention survey. 11. OHSA: assisted in providing a response to the new OSHA laws on firefighter personal protective equipment 12. PESH: pigeon consultation for City Hall and Police Department Consultation 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 13. PRIMA: presented law enforcement programming education, received public risk manager of the year award for 2007. 14 Contractual Agreements: ongoing integration of risk and safety language; assisted in the revamping and streamlining of the special events, parade and fireworks permits. The City’s contractual agreement is now being utilized as a best practice model. 15. Insurance Management: maintained insurance savings with Trident and the premium has remained flat 16. Claims Management: boiler machinery claims at Lake Avenue Fire House and City Hall; sidewalk claims -- unexplained increase; property and casualty loss (78 new claims filed, 44 claims files remain open and 70 claim files closed) 16. Workers Compensation: 66 claims in 2007, 77 in 2006 and 79 in 2005. Marilyn Rivers said she would continue to work with the new Mayor on various programs. Confined space training will be scheduled in the near future and the defensive driver training will be completed soon. She commended Commissioner John Franck and Deputy Michele Boxley for giving her the support that she needs to one this one person department. Commissioner John Franck said it was Marilyn Rivers and not the City who won the National Risk & Safety Manager of the Year award, however, the City benefited from that award. The City’s insurance premiums have decreased by nearly $300,000 since he took office and that is with lowered deductibles and increased coverage’s. Marilyn Rivers thanked Commissioner Thomas McTygue for his support over the years. She also thanked Commissioner Matthew McCabe for his assistance in obtaining the grant for the generators. Public Safety Building Design Services Upon the recommendation of the Department of Public Safety, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the RFP for the design services for the public safety building to LaBella Associates in an amount not to exceed $860,000. Commissioner Matthew McCabe said he wanted to be clear that this motion was not authorizing the Mayor to sign a contract or to spend any money. Commissioner Ron Kim agreed. Commissioner Matthew McCabe said the City has $1 million available for design and other preliminary uses for this project. He said $8 million was included in the 2008 capital budget. The $1 million has been bonded. The Council needs to review the details of the contracts and he believed the Council had an obligation to read all of its contracts. He would not support any motion that reflects something other than presented. He also had some concerns with the dollar amounts in the proposal as compared to some of the projects that this firm had worked on. Michael Englert, City Attorney, said in his opinion, this motion was to select the firm to develop a design for the project and the firm will come back to the Council with a contract. This is different than awarding a bid. He said the Council should have the contract in its hands before taking a final vote. Commissioner Ron Kim said selecting the firm is all that the Council is doing this evening. Once the firm is selected, he will negotiate with them on a contract and then return to the Council. He said the key projects that Commissioner Matthew McCabe was concerned about as referenced in the proposal are of varying square footages. He noted that this firm has worked on many facilities of this nature and what they bring to this contract is knowledge and experience. He also said that their bid of $860,000 is the lowest bidder and he is prepared to move forward. He said that checks and balances could be added to the contract. He again said that all we are doing this evening is to select the firm and the will return with a contract. Commissioner Matthew McCabe said it was important to explain to the voters what the Council is doing this evening. He said he will not support any motion that authorizes expenses nor was he committing to the next phase. 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Commissioner John Franck said that this is a good firm and they are the lowest bidder, however, he was concerned that the proposal was based on a $14 million project. He said that unfortunately $14 million was the number being used when the rfp went out. He also noted that capital expenditures require a four fifths vote. He was concerned that the tax rates are set and residents will pay for this whether the City builds it or not. He said the budget should not have been adopted before the proposals were open and he would not support this motion. Commissioner Ron Kim agreed that there was a $6 million difference. He too did not want to vote on the City’s budget before the proposals were open, however, that is what the Council did. He said that he has since talked to the consultant and they are willing to work with an $8 million budget. He again said that the City has spent $30,000 on a feasibility study in 2004 for a 27,000 square foot facility and then did nothing. That cost was at $220 per square foot. Now with the most recent feasibility study the costs have increased to $17 million for a 32,000 square foot facility at $360 per square foot. He said if the City waits, it will simply cost more. The $1 million had already been bonded and the residents are being taxed on it. He said it would be a disservice to the public to do nothing. Mayor Valerie Keehn clarified that no money is being allocated this evening and all the Council is doing is to select a firm. It is the responsibility of Commissioner Ron Kim to negotiate a contract and bring it to the Council. Ayes: three (Mayor Valerie Keehn, Commissioners Matthew McCabe and Ron Kim); nays: two (Commissioners John Franck and Thomas McTygue). Motion carried. FINANCE DEPARTMENT Budget Transfers – Payroll, Social Security, Regular Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers as distributed. They have all met the transfer guidelines and the availability of funds is certified (Attachment A). Ayes all. Budget Transfers – Contingency Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers as distributed. They have all met the transfer guidelines and the availability of funds is certified (Attachment B). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments as previously distributed. The budget remains in balance, the amendments have met the guidelines and the availability of funds is hereby certified (Attachment C). Ayes all. Tax Rate Approvals Commissi oner Matthew McCabe moved and Commissioner John Franck seconded to adopt the following tax rates: Debt service/capital fund tax rate $0.3921 General fund Tax Rate: Inside: $4.9945 Outside $4.9460 SAD Tax Rate $0.4503 These rates are based on the 2008 budget. Ayes all. Finance Department Assistant Commissioner Matthew McCabe said that upon reviewing the 33 hour per week senior clerk position description, they found that the tasks that the employee was performing no longer matched the position description. It was pointed out to him that the senior clerk was working out of title. He said there is an 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 employee who is about to retire and they have two part time employees who are already working to their fullest capacity. Therefore, they have reviewed the position description and revised it to meet the needs of the department. They worked with Civil Service on developing a new title. He said he had also received approval from the CSEA union. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to create the new position of Finance Department Assistant, a 40 hour/week position, set at Grade 12. The grade will be set at Grade 12, Step 5, effective on December 24, 2007 for the person currently doing this job. Amounts for this are in the Finance Department budget. Ayes all. Commissioner John Franck clarified that this was included in the 2008 budget. Commissioner Matthew McCabe said yes. Commissioner Thomas McTygue said he would not support any pay increases this evening. He said this was like being Santa Claus. Commissioner Matthew McCabe said when he came into office he led the charge to change the 33 hour employees to 40 hours. Commissioner Thomas McTygue said there seems to be some very quirky things going on with handing out these raises. Commissioner Matthew McCabe said there have been several raises handed out in DPW in recent weeks. He said this is an increase in hours from 33 to 40 and a change of duties. He said there was a new position created in DPW recently – inventory and he did not support that position. It should have been created within the Accounts Department not in DPW. Commissioner Thomas McTygue asked when Commissioner Matthew McCabe made his many, long budget dissertations why these salary increases were not discussed. He said the Council should be discussing bringing all of its employees to 40 hours. Commissioner Ron Kim said he planned to make a similar motion later this evening. He said his department has been told by Civil Service that the City could be sued if employees are working out of title. He said this motion simply modifies the position description, increases the hours and changes the grade to have the City in compliance with Civil Service Law. This is good management. He also planned to increase the pay of the City’s 911 dispatchers. The 911 dispatchers make less than the dispatchers at the City garage and he has a difficult time keeping them. He said no one in his department with the last name of Kim will be getting an increase, as is the case in other departments. Commissioner Thomas McTygue said this is a boondoggle. He said Commissioner Ron Kim has put the City in the position of spending $800,000 on a project that might end up on the shelf. He said the past DPS facility proposals did not happen because those Commissioners did not bring the proposals to the table. He agreed the dispatchers should have an increase and asked why it took Commissioner Ron Kim so long to do this. He said though that the increases this evening were not fair to the rest of the employees throughout City Hall. He said the Union should be ashamed of itself for allowing this to happen. He said this is an $8,700 raise for this employee. Commissioner Matthew McCabe pointed out that there is a person retiring next year in his department so there will be a net decrease in salary expenditures. The City cannot bring all of the employees up to 40 hours. In some cases it will be done through attrition. He said a blanket move of increasing the employees would be difficult and costly. Mayor Valerie Keehn said herein is the dilemma of this form of government. She said there are five commissioners voting on pay raises, who have five very different objectives. Commissioner John Franck said while he did not vote for the budgets these salary increases were in the budget and he would support this motion. Ayes: four (Mayor Valerie Keehn; Commissioners John Franck, Matthew McCabe and Ron Kim); nays: one (Commissioner Thomas McTygue). Motion carried. Authorization for Mayor to sign Health Care Contract Renewals Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the health care contract renewals as follows: Blue Shield of NENY – Community Blue, Traditional Blue 901; Empire Blue Cross; MVP Health Care, Inc., CDPHP; and CDPHP Choice Medicare Advantage 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Plan. He noted that they had been reviewed by both Michael Englert and Marilyn Rivers. The contracts have increases ra nging from 8 to 15 percent. Ayes all. Agreements with Health Care Insurers for Retiree Drug Subsidy Program Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the agreements with the health care insurers for the retiree drug subsidy program and to have the Mayor certify to the RDS program that it has executed agreements with its health insurers regarding disclosure of information to CMS. The contracts are with Blue Shield of NENY –Health Now and Empire Blue Cross – Wellpoint Holding Corp. There is a $1,000 cost for the Empire Blue Cross contract. The contracts have been reviewed by Michael Eng lert and Marilyn Rivers. Ayes all. 2008 Department Fees Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the 2008 Department fees as presented. Ayes all. Pitney Bowes Contract Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the contract with Pitney Bowes for the mail machine at a cost of $3,444 for the years 2008-2011. DEPARTMENT OF PUBLIC WORKS Other Commissioner Thomas McTygue said that Larry Baldwin a DPW employee recently found a wallet and returned it to the owner. Inventory Clerk Commissioner Thomas McTygue said the inventory clerk position was created because there were laborers doing the inventory work and the union turned those employees in for doing work outside of their title. Commissioner John Franck said Commissioner Matthew McCabe mentioned that this position should have been in the Accounts Department. He asked if there was a way to transfer this position to the Accounts Department; and if so, he would be willing to do so at the next meeting. He said this would be a situation where there is no cost to the taxpayers. Commissioner Matthew McCabe said he was not sure if it could be transferred and there would need to be some research done. Commissioner Thomas McTygue said there should be one person doing the inventory throughout the City. Chair Rental Account Commissioner Thomas McTygue said that several years ago there were various funds set up to place the revenues earned from various projects, with the intent that the funds would be used to maintain the project. Some of those accounts include the chair rental, carousel and bricks at the War Memorial. He said that funds generated from those projects have been used to maintain the projects. He said he is now looking to purchase new chairs for the casino and finds that this money has all been lumped into one account and he cannot use it for chair purchases. He said the revenues gained from the chair rental are substantial. These revenues need to go to maintain these facilities. New chairs would allow for a substantial increase in revenues. Commissioner Matthew McCabe said his department is able to trace the revenues received over the years and some of those revenues have been used to improve the facilities. He said he had not misled Commissioner Thomas McTygue on setting up these accounts. He said the City is operating within the law on those accounts, however, was willing to be flexible. He said Commissioner Thomas McTygue has the option of budgeting the expense and the revenue. Change Order #9 for Water Plant 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve change order #9 for Blue Heron Company for a reduction of $13,185 to their contract for the Water Treatment Plant Disinfection System. Ayes all. Local Law #9 MS 4 Storm Water Program Commissioner Thomas McTygue moved and Commissioner John Franck seconded to adopt Local Law #9 to prohibit Illicit Discharges, Activities and Connections to the Saratoga Springs Separate Storm Sewer System as presented noting the corrections. Ayes all. Water System Vulnerability Assessment and Emergency Response Plan Commissioner Thomas McTygue said that state public health law and state sanitary code requires that every five years all public water suppliers with an operating budget of more than $125,000 must update their water system vulnerability assessment and emergency response plan and submit the information to NYS Department of Health no later than January 1, 2008. This cannot be delayed. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to authorize Barton & Loguidice to perform this work at a cost not to exceed $5,200. The money is within the DPW budget. Ayes all. Local Law #10 – Set Public Hearing and Refer to Planning Board Commissioner Thomas McTygue requested that a public hearing be set for local law #10. It was noted that this must be forwarded to the County for review, therefore, the public hearing was set for January 15, at 6:55 p.m. DEPARTMENT OF PUBLIC SAFETY Reclassification/Upgrade of Various Public Safety Positions Commissioner Ron Kim said that position description reviews were completed during 2007 on several positions within his department. At that time they discovered that several individuals were performing duties that were not within their position descriptions. He has received CSEA union approval on all of these changes. They were also budgeted in the 2008 budget. Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the new positions as follows: Senior Account Typist, grade 8 step 8 reclassified to Code Administration Assistant/Accounts Payable, Grade 12, Step 8. Increase of $8,735. Motor Equipment Operator Grade 10, Step 10 to Traffic Control Maintainer II Grade 13 Step 2. Increase of 2,743. Automotive Mechanic Grade 11 Step 10 to Automotive Service Manager Grade 14 Step 2. Increase of $4,545. Laborer Grade 9, Step 10 to Traffic Control Maintainer II Grade 13, Step 1. Increase of $3,245. All of these increases are effective January 1, 2008, and all positions are 40 hours Ayes: four (Mayor Valerie Keehn, Commissioners John Franck, Matthew McCabe and Ron Kim); Nays: one (Commissioner Thomas McTygue). Motion carried. 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Commissioner Ron Kim said he had some similar positions that were reviewed and found that the following employees were not on an equal pay scale as other similar positions. Therefore, Commissioner Ron Kim moved and Commissioner John Franck seconded to approve the following increases: Police Cleaner Grade 7 Step 3 to Grade 8 Step 4. Increase of $3,156 Traffic Signal Electrical Technician Grade 14, Step 10 to Grade 15 Step 2. Increase of $3,491 Public Safety Dispatchers (12 positions) from Grade 7, Various Steps to Grade 10, Various Steps. Increase of $50,000. These increases are effective January 1, 2008 and all positions are 40 hours. Commissioner Thomas McTygue said if the motion was separated, he would approve the dispatchers increase in salary; however, if the motion stands as is, he would not support it. Commissioner Ron Kim said he would not amend the motion. Ayes: four (Mayor Valerie Keehn, Commissioners John Franck, Matthew McCabe and Ron Kim); Nays: one (Commissioner Thomas McTygue). Motion carried. Larkspur Drive, Karner Drive & Tommy Luther Drive – Set speed limits Commissioner Ron Kim requested that a public hearing be set for December 18 at 6:30 p.m. for speed limits on Larkspur Drive, Karner Drive and Tommy Luther Drive. Public Safety Building RFPs Previously discussed. Firefighter’s Contract Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the firefighter ’s contract. The contract runs from January 1, 2007 through December 31, 2010. It has been reviewed and is consistent with the previously adopted MOU. Commissioner Matthew McCabe said that while the Council had previously approved the MOU, he felt it was important that the contract be brought to the table. Commissioner Ron Kim pointed out that this contract lowers the starting salaries of firefighters by $10,000. This is a good four year contract. Commissioner John Franck said he did not support the MOU because it was approved at a meeting that was not a regularly scheduled meeting so he would be consistent with his vote and not support the motion this evening. Commissioner Matthew McCabe said he would support this motion and he did not apologize for wanting the contract to come back for approval. Commissioner John Franck said that there has been some discussion on the MOU being a legal document. Commissioner Thomas McTygue said there was some mention in the MOU about 16 additional firefighters. Commissioner Ron Kim said those were clauses within the MOU but there was no commitment to an EMS station within the MOU. This contract is a good starting point for future discussion on an EMS facility. He said the decrease in salaries saves the City about 1/4 million dollars in salaries. The salaries have been decreased from $42,019 to $30,000. Ayes: three (Mayor Valerie Keehn, Commissioners Matthew McCabe and Ron Kim); Nays: two (Commissioners John Franck and Thomas McTygue). Motion carried. SUPERVISORS 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Cheryl Keyrouze Center for Economic Growth: Cheryl Keyrouze announced their annual meeting at GE Proctors with speaker Chip Heath author of Made to Stick – Why Some Ideas Survive and Others Die. Capital Region Local Government Council Meeting: Cheryl Keyrouse said their November meeting had some good discussions about small cities grants. She said she would share that information with the incoming Mayor. Citizen’s Transportation Committee of Saratoga County: Cheryl Keyrouze said the presentation went well with about 30 attendees. She said that she had received a letter from Charlie Wheeler, NYRA, who said he was impressed with the work of that committee and he would like to continue to be involved. New York Horse Park, Inc.: Cheryl Keyrouze said she recently received a phone call from an individual who was willing to donate land to the NY Horse Park, however, the land was in Edinburgh. She said that this organization continues to work on the horse park. Joanne Yepsen Racing for 2008 and beyond: previously discussed. Update on 2008 County Budget: Joanne Yepsen said a public hearing was held on November 27 where nine individuals spoke. She said that John Kraus suggested to the Board of Supervisors that they conduct a tax assessment based comparison among the town/cities/villages in the county to determine how much of their income is based on assessment changes rather than new construction. She said the Board of Supervisors was interested in that suggestion. She said the Board of Supervisors would vote on the budget on December 12. Frederick Allen Lodge Restoration: Joanne Yepsen said this restoration project is moving along well. She said the block grant awarded them $25,000 and there was a match from the SSPF. However, time is running out on the SSPF match. There will be a work party on Saturday from 10:00 a.m. to 3:00 p.m. She said the most recent roof work which was completed cost $20,000. The foundation work will begin in the near future. Trail Systems for City and County: Joanne Yepsen said the trail system project is moving along well. She said there was recently a good meeting with the state park officials where there was a recommendation that the bike path run over the county water line. She said the trail system will connect from Geyser Road to the state park and then to the Route 50 West Avenue intersection. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Billy McTygue, Director of Utilities, asked if Commissioner Ron Kim’s comment about the last name and pay increases was directed at him. Commissioner Ron Kim said this is a public comment period and he was not going to have a discussion with Bill McTygue during this time period. Mary Flanagan, former member of the ZBA, said she was on the ZBA when the Boyea project was granted a variance. She said the request of the applicant to have the public hearing held in January was an acceptable request and should be honored. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:40 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:40 p.m. Respectfully submitted, 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 4, 2007 Kathy Moran Clerk Approved: 13 of 13