City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 18, 2008 6:55 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not word-for-word transcript. PUBLIC HEARING Water & Sewer Rates Mayor Scott Johnson opened the public hearing on the water and sewer rates. He said the Council would allow further public comment after the power point presentation on this matter. John Kraus, 227 Grand Avenue, said that over the last two years he has continued to request more information on the water and sewer budgets. He said that two years ago, he was told that the finance director reviewed those budgets and then there was a 7 percent increase. Last year there was another increase to those budgets. Last year there was also a request to have those budgets audited. The cost allocations for both the water and sewer budgets need to be reviewed. He said there needs to be both consistency and accuracy in these budgets. He hoped that there would be a report soon on the audit of these budgets. Valerie Keehn, 41 Benedict Street, said she felt compelled to comment on the water issues. She said that in previous City Council meeting minutes of March 2006, former Commissioner Thomas McTygue proposed a 3 percent rate increase to the water budget. The Director of Public Works, Bill McTygue, responded that it was due to employee contractual increases and utility increases. The 3 percent increase generated $45,000 of revenue which was half of what was needed. Bill McTygue said the water budget would absorb the rest of the costs. While she was Mayor she worked with financial experts and through those discussions she requested audits of the City’s finances and the purchasing policy of the City. The audit of the purchasing policy showed DPW’s failure to adhere to the purchasing policy. She said there is a $2 million deficit in these budgets. 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 She said that in 2002 there was a negative balance of $149,000 in the water budget, $768,000 negative in 2003, $775,000 negative in 2004 and in 2005 negative $1.3 million. These numbers came from the comptroller’s web site. The sewer budget showed some slight increases but in 2005 between both budgets there was a total deficit of $2 million. She said the taxpayers need to know of these deficits and what accounted for them. She said the City is proposing a 40 percent increase to this budget. She suggested that rather than penalizing the rate payers, that expenditures be reduced. She asked how much has been spent on legal and engineering fees since 2002 and how those costs were covered when there was a deficit. She said the rate structure should reward those who use the least amount of water but rather the City encourages high volume usage. That is counter to common sense. She said before the Council adopts this rate increase, they should look for alternative ways to make up this deficit. DPW should also acknowledge its failed polices and practices before punishing the taxpayers. Mark Lawton, 209 Nelson Avenue, said there is simply not enough information and there are too many unanswered questions to approve this rate increase this evening. He said a rate increase may be inevitable, but the Council needs to answer the questions first. There needs to be a consistent methodology. He has requested the results of the water and sewer budget audits, but received nothing. He asked if this is a fund issue or a budget balance issue. If it’s a fund issue, then probably a good explanation is necessary. If it’s a budget balance issue, there needs to be some procedures establish and he suggested that Council members look at section 4.4 of the charter. Wilma Koss, 160 Kaydeross Park Road, said it’s important to point out that the City got to where it is today with the water budget because it has spent $1.5 million on the Saratoga Lake water issue. She said if those funds had not been spent in that way, the City would not be looking to raise the rates. She has continually told the Council that they are wasting money on the water project. The Council’s replay was that it was being paid for by the water hook up fees. Those funds could have been used to defray the deficits in this budget. She said the Saratogian newspaper reported on the flat usage and operational costs, but did not address the misguided water project. She said it is just irresponsible to spend any more money on the Saratoga Lake water project. She noted that sewer rates were going up because of the County. Dave Bronner, 5 Royal Henley Court, asked how the City got to this deficit in the water budget. He believed it was because of the irresponsible spending of somewhere between $1.3 and $2 million on the Saratoga Lake water project. He has said to the Council on many occasions that no more funds should be expended on that project. However, he too was told that it was funded through the water hook up fees. As of tonight, the City still does not have an completed application with DEC and the City has not resolved one law suit. The City still needs access to the Spencer property. The responsibility for this deficit lies with the former Commissioner of DPW and the Director of DPW. They are the two responsible and they should be held accountable. The City does not need the water from Saratoga Lake and the City should not spend any more money on this project. The City should dismiss Barton & Loguidice and the law firm – they are the only people profiting from this project. It was likely that the rates would need to be raised, however, the Council should tell the residents that the Saratoga Lake water project is dead and that no more funds would be expended on that project. Bruce Goodall, 18 Horizon Drive, said the problem is that there is no rationale for the proposed increase. He said he is a civil engineer and had worked in the water field for many years. He understood that rates need to go up periodically and is somewhat sympathetic; however, the City is in this dilemma because the City has spent $1.5 million on the Saratoga Lake water adventure. He recommended that there be a suspension of any further expenditures on the Saratoga Lake project. He also recommended that the City consider convening an open process to look at this issue. There needs to be some visibility on this matter. 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Kyle York, 59 Railroad Place, said that he looked forward to the power point presentation this evening. There being no one else wishing to speak, Mayor Scott Johnson closed the public hearing for the time being noting that he would allow further comment after the presentation. Stewarts Zoning Amendment Mayor Scott Johnson opened the public hearing on the Stewarts Zoning Amendment. There being no one else wishing to speak, Mayor Scott Johnson closed the public hearing. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:25 p.m. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Kyle York, 59 Railroad Place, said that he wished that everyone had the opportunity to attend the meeting of the Board of Supervisors today where they voted on a $51 million bond to extend the pipelines down to the proposed AMD facility. There were three dissenting votes: Supervisors Southworth (Town of Ballston), Veitch and Yepsen (Saratoga Springs). He said the City supervisors pointed out that the City would be better served with a water line near Goose Hill. Both supervisors also said that the County should be looking for funding. He then displayed some pictures of the neighborhood in Wilton where there is a potable water issue. He said those residents appeared before the City at the last meeting and while they made a sympathetic case, it was simply bad development and bad planning by the Town of Wilton. He also noted that the Town of Wilton supervisor supported the proposed county water line, while doing nothing for his own residents. He said the Town of Wilton residents have no local town tax and the Town should run its own water line to this development. John Kraus, 227 Grand Avenue, said his point to the water & sewer budgets was that those budgets were voted on last November and were presented as “in balance” because the rates would be increased in February. He said the scrutiny of these budgets should have been done in November but were passed with no discussion. He hoped that this coming November would allow for discussion on those budgets. Celeste Caruso, 72 Belmont Drive, said she was here this evening to support the Garry Olsen project of affordable housing units. There is a shortage of affordable housing in this area. Family and friends, teacher, law enforcement officials and those in the hospitality industry are discouraged that they are not able to afford a home in Saratoga Springs. She said that Garry Olsen is willing to reduce his profit margin to allow for affordable housing. She said the comments by nearby neighbors that property values would go down is nonsense. Studies show that market values near affordable homes increases. These affordable homes would not likely be used as comparatives for appraisals for the nearby homes because nearby homes are single family and these are town homes. She said this is a good project and encouraged the Council to support it. Elizabeth Todd, 102 Elm Street, said she lives in the neighborhood where this affordable housing will be constructed. She said the neighbors are not against affordable housing. The neighbors are concerned about water. She said there is other construction going on nearby and many of the homeowners are getting water in their basements. There is a very high water table in this area and they are concern on where the water will go once this new project is constructed. 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Holly Schwarz-Lawton, Co-chair of the Heritage Area Advisory Board, said the UHA has been awarded a grant of $14,000 for audio visual equipment at the Visitor Center. The grant expires at the end of this month and the funds will be lost if the material is not ordered by then. She asked that the Council move this along so that the funds would not be lost. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. PRESENTATION Water & Sewer Rates Commissioner Anthony Scirocco said that to keep this process as transparent as possible, Bill McTygue will do a power point presentation this evening on the proposed water and sewer rate increase. He said the water usage has been flat, contractual obligations have increased and utilities have increased. Bill McTygue, Director DPW, said even with this proposed increase, the City’s rates were among the lowest in the state and the lowest in the immediate area. He said there has been a lot of talk this evening on deficits and much of that is misinformation. Bill McTygue said the water supply and delivery is the City’s single largest asset in this community. It includes the water treatment plan, well systems at Interlaken, Geyser Crest, and Loughberry Lake, Bog Meadow, North Broadway and the 115 miles of distribution lines. The water budget supports 8 field crew, 12 employees at the water treatment plant, 4 water meter readers and 3 office staff. The water budget is similar to a $3 million City run utility company. The proposed increase is a modest amount and is based on the need to keep up with increased costs of operations. Electric, gas and employee benefits have increased. There is not a good operational contingency in this fund. In 2007, there was an increase of more than $80,000 in electric costs for the water treatment plant. The revenues in both the water and sewer budgets are dependent on customer usage and water patterns. When it rains a lot, the City does not sell as much water. A 10 to 15 percent swing in usage is common. Bill McTygue then presented the following: Page 1: Bill McTygue broke down the water budget noting that the largest percentages of expenditures were operation/maintenance, field operations (including personnel and equipment) and water line extensions. The total water budget is $3,159,540. Page 2: Bill McTygue reviewed the sales history showing the accumulated shortfall over the last four year period. He said that previous mention of a $2 million deficit is simply not true. In 2004 the shortfall was $127,084, in 2005, there was a surplus of $233,546, In 2006 there was a shortfall of $297,801 and in 2007 a surplus of $22,749. The overall deficit over the four year period is $168,590. He said the deficit could be wiped out in one year of sales. The water line extension has been removed from these numbers because it is not part of the metered sales. He also noted that some of the deficit was for the two water treatment plant trainee positions that were not funded in the budget. He said that these positions are necessary because they anticipate retirements this year. The water line connection fee of $3,000 is used for the long term water supply project and the fees paid to the attorneys and engineers are paid from that revenue. The anticipated revenue derived from this increase is $233,591. Page 3 & 4: Bill McTygue said that expenses for 2008 are projected at $2,753,186.37, with revenues at $2,678,186.37 which leaves a shortfall of $75,000 which is the two water treatment plant trainees. He said metered sales are 84 percent of the total 2008 revenue. In 2007 it was 78 percent. 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Page 5: Bill McTygue reviewed the water rates since 2003. In 2003 the minimum flat rate for 2,000 cf was $20.90. In 2005, the water rates were restructured and the $20.90 minimum flat rate was eliminated and a new rate of $8.50 for 1,000 cf with a $7 service charge was instituted. It was a slight decrease for users at less than 1,600 cf, a 2 percent increase for the residential category between 2,001 and 25,000 cf. In 2006 there was a 3 percent increase in the water rate schedule. The minimum rate was increased from $8.50 to $8.75. In 2007 there was a 7 percent increase in the water rate schedule from $8.75 to $9.40. Commissioner Ron Kim said when the restructuring was done, there was a surplus, but then one year later there was a shortfall. Bill McTygue said it depends on the weather patterns. He said the fact remains that in 2005 there was a slight decrease for the small water user. In 2006 there was a 3 percent increase and in 2007 a 7 percent increase. Page 6: Bill McTygue reviewed the water rate schedule noting that for the small user the cost is $1.38 per thousand gallons, it continues to increase up to $1.76 for the user of 25,001 cf to 75,000 cf and then decreases for the very large users down to $0.57 per thousand gallons. He said the rates go up, but to accommodate those very large users the rate decreases. He said the very large users include the hospital, race track, Skidmore College, Quadgraphics and Ball Metal. He said this is a typical municipal water rate schedule. Page 7: Bill McTygue showed the impact to the 8,750 water accounts in the City. He said 55 percent of the users are less than 2,000 cf per quarter, about 36 percent are between 2,000 and 8,000 cf and about 6 percent are between 8,000 and 25,000 cf. The average user is about 3500 cf. They are proposing to increase the basic service charge from $7 to $10, thereby increasing the bill for 1,000 cf from $17.40 to $21.40. This is a modest increase. This is a consumption fee and not a tax. He pointed out that an individual can buy a liter bottle of water at the grocery store for the same price that they pay for 1,000 gallons in the City. Page 8: Sewer Budget: Bill McTygue said the City maintains 25 pump stations 24/7. The sewer budget total is $3,535,944. The largest expense in that budget is the payment to the Saratoga County Sewer District of $2,258,692 which is 64 percent of the budget. He said the City has no control over that number. He said there needs to be a healthy contingency fund for this budget as well. Page 9: Bill McTygue reviewed the metered sales history as follows: in 2004 there was a shortfall of $104,495, in 2005 a surplus of $200,981, in 2006 a shortfall of $191,352 and in 2007 a shortfall of $26,907 with a total deficit of $121,773 over that 4 year period. Page 10: Bill McTygue said the new revenue in 2008 anticipated is $399,655, the accumulated shortfall is $121,774 and the difference between the 2008 budget and 2007 actual budgets leaves an anticipated surplus of $68,753. Page 11: Bill McTygue reviewed the sewer rates history as follows: in 2001 there was a 14.4 percent increase in the county sewer charge to the City, in 2002 there was a 38.6 percent increase in the county sewer charge to the City. In 2005 there was a 76 percent increase in the county sewer charge to the City and in 2007 there was a sewer rate restructuring which eliminated the $50.85 minimum charge to $17 per cf with a $20 service charge. That created a decrease in rates for users of less than 1,800 cf and a slight increase in categories 2 and 3. Page 12: Bill McTygue then reviewed the sewer rated changes for 2008. He said the rate goes from $17.85 per 1,000 cf for users between zero and 2,000 cf and then up to $27.85 for users between 2,001 and 8,000. It gradually decreases for the larger users. He again said the sewer budget is a modest budget. The only thing the City can control is the personnel costs, the rest are fixed costs. DPW maintains a small workforce. 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Page 13: Bill McTygue then reviewed the neighboring community’s costs noting that the City is the lowest in the area. Commissioner John Franck said that all of the Council members knew last year that there would be a water rate increase and that this $75,000 deficit was due to the two new trainees. He said though that the City has a surplus in 2007. Bill McTygue said it is somewhat difficult to forecast from year to year because of the weather patterns. He said the budget could swing between 10 and 15 percent each year. The City needs to build a contingency into these funds. Bill McTygue said the billing system is on a lag and the City needs to wait until the last quarter billing for 2007 is done. Those bills go out in January. DPW is looking to establish a solid revenue stream to rebuild the water lines with a healthy contingency. Commissioner Ron Kim asked what the actual number was in 2007. He said all they have before them is the 2008 budgeted numbers and he needed to see the expenditures in order to make an informed decision. He also said that looking at the basic service charge increase from $7 to $10 is a 40 percent increase and then add in the increase to the cubic foot charge it was more. He said rate payers need to understand the increase. The City needs to look at whether our expenses increased that much and whether some of these costs are controllable. Mayor Scott Johnson opened the meeting for public comments. Chris Cook, 8 Joseph Street, said this presentation has been informative, but asked how the City managed the fluctuations due to the weather patterns. He asked how that was done statistically. He also said the City should be more creative in the tapping fees asking if the City had the ability to increase that rate. He said that Skidmore is a large user and asked if their fees could be increased or should they conserve more. He also asked how the City could straight line the fluctuations for better budgeting. Bill McTygue said the City is increasing the fees for the condo residential units by $500. Commissioner Ron Kim said because it appears that development is slowing, revenues could decrease this year. Bill McTygue said yes but those funds go to a dedicated reserve account. Commissioner Ron Kim asked if that could be changed. It was noted that those funds go to the reserve account by City law. Bill McTygue said in recent years there have been increases in energy costs and retirement costs. He said the restructuring impacted the City revenues. Mark Lawton said this discussion should take place during the budgetary process. He said that residents need to see all of the numbers though. This discussion demonstrates that this is a comprehensive budget and it needs to be discussed in public forum. Bruce Goodall said this information is incomplete. Residents need more information on the connection fees and what is being set aside in that account. There is no accounting for capital expenditures, repairs, replacements, etc. He said without seeing the expenditures for 2007 it is difficult to understand the 2008 increases. David Bronner, 5 Royal Henley Court, said residents have continually been told that there is money to fund the development of Saratoga Lake as a long term water source. However, there has been no discussion on that this evening. He said there needs to be an accounting of those expenditures, where all of those funds have gone and what the impact to the budget is due to those expenditures. There being no one else wishing to speak, Mayor Scott Johnson closed the public hearing for this evening but continued to the next meeting. 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 CONSENT AGENDA Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of Minutes: March 4, 2008 2. Award of Bid: Printed Poly Bags–All American Poly: $162.94/thousand EMT Supplies – Moore Medical – 16% discount 3. Rejection of Bid: Fire Engine – bids came in over budget 4. Payrolls: 03/07/08 - $427,724.13 03/14/08 - $415,788.53 5. Warrants MC1MAR08 Mid $403,951.42 2MAR08 General $639,563.38 6. Budget Transfers – Expense (Attachment A) 7. Budget Transfers – Revenue (Attachment B) 8. Budget Amendments (Attachment C) Ayes all. MAYOR’S DEPARTMENT Senior Citizens Committee – Annual Report Mayor Scott Johnson introduced Carl Danna and Cliff Ammon from the Senior Citizens Committee. Carl Danna 19 Seward Street, presented the 2007 annual report from the senior citizens committee. He said they continue to look for new membership. Their goals are to continue to partner with City on safety and security issues and to get their web page up and running. The City and the seniors will present a program in the near future on motorized scooters. He thanked the City for allowing Officer Prestigiacommo to spend time with them on their safety and security issues. Cliff Ammon said they have four subcommittees: communications, safety/security, housing/transportation and service needs. He said the Senior Citizens Committee is a positive legacy from the previous Mayor. Initially the discussions at these meetings were more about griping, however, they have since turned that around to exploring positive ways to handle their concerns. They are concerned with and will continue to work on affordable housing, safety and security matters, traffic and meeting the needs of the elderly. He said they have focused on public transportation and those needs have been met through rerouting bus routes. They continue to work with CDTA on public transportation matters. Mayor Scott Johnson thanked them for their presentation and encouraged them to work on issues of relevance to them. Zoning Amendment 65 Gridley Street & 144 Jefferson Street Mayor Scott Johnson said this is a request for a zoning boundary line amendment on Gridley and Jefferson Streets to allow the designation of these parcels from Urban Residential-2 to Institutional Horse Track related district. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to refer this application to the City Planning Board or an advisory opinion. Ayes all. Comprehensive Plan Map Amendment and Proposed Railroad Place PUD 27 Aletta Street & 25 New Street Mayor Scott Johnson said this is an application for a comprehensive plan amendment and zoning map amendment to allow for the construction of a 96 unit residential development of affordable 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 housing. Currently the property is zoned warehouse and the applicant is proposing to rezone it to high density residential-2. This property is located between Aletta & New Streets. Mayor Scott Johnson moved and Commissioner Ron Kim seconded to refer these applications to the Planning Board and request that an advisory opinion be issued. Ayes all. Commissioner John Franck asked what would happen if the Council approved of these changes and then the developer constructed something other than affordable housing. He said there was a similar project on Jefferson Street where a developer proposed the same type of project and did what he proposed but asked what guarantees the City would have. Mayor Scott Johnson said this is a two part request with the first being a comprehensive plan amendment and then the zoning amendment. At this point, it is being forwarded to the Planning Board for an advisory opinion only. Commissioner Anthony Scirocco said it seemed to him that this project had been around for some time. Mayor Scott Johnson said the petitions were filed in August, but no action was taken. There is no decision this evening other than to refer it to the Planning Board for an advisory opinion. Commissioner Anthony Scirocco said he had some concerns and questions, however, he would wait until it returns from the Planning Board. County Animal Shelter Agreement Mayor Scott Johnson moved and Commissioner John Franck seconded to authorize the Mayor to sign the agreement with the County Animal Shelter for services to be provided in 2008 at $4,750 and emergency calls at $34/hour plus mileage. Ayes all. Grant – Heritage Area Visitor Center Audio Visual Equipment (08-29) Mayor Scott Johnson said the City was notified in 2007 that it was eligible for grant reimbursement up to $14,000 for audio visual equipment at the UHA. The grant expires on March 31, 2008. The UHA has proposed to use this money for interactive displays, computer software, a laptop, projector screen and other various equipment for the lobby. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded that the City accept this grant and to authorize the expenditures to purchase the equipment under this grant as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK AUTHORIZING ACCEPTANCE OF A SPECIAL NEW YORK STATE INITIATIVE GRANT THROUGH THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE DEVELOPMENT AND PRODUCTION OF MARKETING AND AUTHORIZING THE MAYOR, AS THE EXECUTOR OF LEGAL DOCUMENTS, TO EXECUTE ANY AND ALL INSTRUMENTS REQUIRING THE ASSENT OF THIS CITY COUNCIL IN ACCORDANCE WITH THE CITY CHARTER Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim WHEREAS, The Saratoga Springs Heritage Area Program has been tentatively awarded a Special Incentive Grant through the NYS Office of Parks, Recreation and Historic Preservation; and WHEREAS, said grant award (Project PKS-05-SC-512) in an amount not to exceed $14,000 must be committed by March 31, 2008; and WHEREAS, the grant contract budget and program narrative allow for the acquisition of computer and other equipment to enhance the programs of the Heritage Area Program, promote the City’s rich cultural, educational and historical resources, aid in the development of displays promoting the City’s fine and performing arts venues and museums and generally advancing the mission of the Heritage Area Program; and 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 WHEREAS, said grant will allow the replacement of obsolete equipment and the and use of new technologies to further promote the City’s tourism and hospitality industries; WHEREAS, said grant requires no matching City funds; and WHEREAS, all said equipment is available under State Contract; and WHEREAS, the City will be required to provide first instance resources to acquire said equipment prior to March 31, 2008; now THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute any and all contracts and documents necessary to receive this State Initiative Grant and to acquire said equipment consistent with the grant budget and narrative and City Procurement policy; and BE IT FURTHER RESOLVED that the Commissioner of Finance be authorized and directed to identify and make available up to $14,000 in first instance funds from monies available from the contingency or other budgets to acquire said equipment; and BE IT FURTHER RESOLVED that grant funds once received be used to replace said first instance funds. Commissioner Ken Ivins said that the City anticipates reimbursement of up to $14,000. Mayor Scott Johnson said the purchases need to be made by March 31, 2008. He said the quicker the purchases were made the quicker the reimbursements will be made. Commissioner Ken Ivins said the budget amendments and transfers would be done at a later date. Ayes all. Poklemba & Hobbs, LLC – Moran vs. City (08-30) Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to authorize the Mayor to enter into a contract with Poklemba & Hobbs in an arbitration litigation matter filed by CSEA City Hall regarding benefits in an amount not to exceed $3,000 and $145/hour. Ayes all. ACCOUNTS DEPARTMENT Date Correction Commissioner John Franck said at the March 4 Council meeting Marilyn Rivers referenced a date of February 20 in her presentation, however, it should have been February 27. Add Notation on 3/4/08 minutes – Date Correction Commissioner John Franck moved and Commissioner Ron Kim seconded that an asterisk be added to the Council meeting March 4 minutes noting that the date was changed at this meeting to February 27. Ayes all. Commissioner Ron Kim said that he was somewhat concerned that minutes seem to take a life of their own and are often quoted at meetings. He said we don’t have verbatim minutes and when quoted, it may not necessarily be what happened. He proposed that it state somewhere in the minutes that these are not verbatim transcripts. Commissioner John Franck said there was no problem in adding a “warning label” that these are not verbatim transcripts. Downtown Business Association Signage Commissioner John Franck said that for a number of years there has been signage along the east side of Broadway identifying stores and locations. He said that the DBA has expressed some interest in having similar signage along the west side of Broadway. Andrew Brindisi, 390 Broadway, member of the DBA and here this evening on behalf of Dawn Oesh, President of the DBA, said the issue at hand is the business district along the west side of Broadway, including Church & Division Streets and the lack of signage. He said the east side 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 has nice wood type signage. He said the SAD funded the signage and the businesses paid a one time fee to have their store identified on that signage. He said he was here this evening to request that the Department of Public Safety install this signage along the west side of Broadway. Commissioner John Franck said he would provide further information at the next meeting on this matter. Novus Agenda – Update Commissioner John Franck said Deputy Commissioner Michele Boxley has been working diligently on the Novus Agenda. He anticipated implementation of this program within the next couple of weeks. There will be a two day on-site training session. He anticipated that Council members would use the laptops at meeting in the very near future. FINANCE VLT Status Commissioner Ken Ivins said the VLT funds are allocated to the general fund to offset the costs to the host municipality and to reduce property taxes. He said the recent state budget proposal was to eliminate this funding, however, with the recent turn of events and a new governor, it might be possible that the funding will not be eliminated. The funds have been included in both the assembly and senate budgets. As long as the governor agrees, the funding will remain in place. He said the VLT resolution that the Council passed at the last meeting was forwarded to all assembly and senate members. He encouraged all to send a letter to the governor requesting that this funding remain in the budget. City Finances Commissioner Ken Ivins said there is both good and bad news. He said the sales tax is slightly ahead in January, however, the bad news is that mortgage tax is down by about $200,000. He said though that the mortgage tax line was decreased by $200,000 in the last budget. If this trend continues, though, there will be a shortfall. He also noted that the unappropriated fund balance will likely be more than he had originally anticipated. Bollam, Sheedy, Torani & Co. – Auditing Services (08-31) Commissioner Ken Ivins moved and Commissioner John Franck seconded to authorize the Mayor to sign a contract with Bollam, Sheedy, Torani & Company for a single year audit of the 2007 books in an amount not to exceed $27,500. Commissioner Ron Kim asked how long this accounting firm had been used. Commissioner Ken Ivins said the City has used this firm for quite some time. He said this is a one year contract and is considering bidding this in the future. Commissioner John Franck said that professional services did not need to be bid. Commissioner Ken Ivins said it would be good to get a good price every three to five years. Ayes all. Police Station Renovation RFP Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to add the following item to the agenda: Discussion and vote: RFP to renovate the current police station after the new DPS facility is constructed. 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Deputy Commissioner Michele Boxley said that according to the charter, items can only be added to the charter if the Council finds that immediate action is necessary. Commissioner Ken Ivins said that he was just trying to get the ball rolling on this matter, but it could wait until another meeting. Commissioner Ron Kim said this is not an emergency and asked why the sudden rush to have estimates drawn on renovation when the Council did not approve the bonding for the DPS facility. He said this action contradicts the initial action. He noted that the telephone contract consultant was taken off of the agenda because there were kickbacks. He opposed the inclusion of this item on the agenda. Commissioner John Franck agreed with Commissioner Ron Kim on this matter. Commissioner Ron Kim said that neither Commissioner Ken Ivins nor Mayor Scott Johnson appointed someone to the DPS committee. Mayor Scott Johnson called Commissioner Ron Kim out of order. Commissioner John Franck suggested that this item be withdrawn. He said he would not support the inclusion of this item on the agenda. Commissioner Anthony Scirocco said this is a legitimate concern and there needs to be some cost estimates. Commissioner Ken Ivins agreed to withdraw the item from discussion. DPW Water & Sewer Rates Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to adopt the water and sewer rates as presented. Commissioner John Franck said that he had a problem with this entire process. He said that the 2008 budgets were just adopted and either the Council made a mistake last year by not getting this information out or was it simply that the former Commissioner of Finance eliminated the funding for the two water treatment plant trainees. He said at the end of the day the water rate increase was modest and he understood that the City needed this increase, but did not see the harm in holding this item open for a few more meetings. He would not support the motion. Mayor Scott Johnson said this is being proposed because revenues were underestimated for 2007. Commissioner John Franck said there was a surplus of $27,000 in 2007. Commissioner Ken Ivins said this should have been handled during the budget discussions. Commissioner John Franck said he is concerned about the process including the public hearings. He said holding a few public hearings and/or a workshop and keeping the item open for an additional 30 days would not make a great difference. Commissioner Anthony Scirocco said water sales have been flat and operational costs have increased. The prior administration knew there would be a rate increase proposed this year. Commissioner Ron Kim said no one told him that it would be a 23 percent increase. He asked where the capital money is and why is there no explanation of those funds. He said that he could not support a motion this evening without knowing the 2007 expenses as compared to the proposed 2008 budget. Commissioner John Franck said there is a need for this rate increase, but the process needed to be more open. 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Commissioner Ken Ivins said that the bills go out in mid April for payment in mid May. He said there was time to wait one more meeting to discuss the shortfall. Commissioner Ron Kim moved and Commissioner John Franck seconded to table the motion. Commissioner Anthony Scirocco said no one brought up these issues and concerns at yesterday’s pre-agenda meeting. Ayes: four, Nays: one (Commissioner Anthony Scirocco). Motion to table approved. It was agreed the public hearing would be held open to the next meeting. Sewer Emergency on Geyser Road (08-32) Paul Male, City Engineer, said this 8 inch pipe was installed in the 1970s. He then displayed a piece of the pipe with the holes in it. This particular piece of pipe had five clamps on it. The entire pipe line is approximately 1,500 feet long stretching from Ball #1 to a manhole near Serrota Bikes and then down the hill to Ball #2 pump station at Geyser Road. He said if this pipe burst, it would impact all of the industrial park. He explained that within the City’s procurement policy, it allows for the bid process to be waived if an emergency is declared. He said in his professional opinion, this pipe line needs immediate attention. He said they have been working with CP Rail and they have no problem in running the line under the tracks. Paul Male said he received an estimate from Anjo Construction for $346,000. There is not enough in the capital budget to cover this cost. There will also need to be some contingency funds. Paul Male recommended that the Council declare this an emergency and hire Anjo Construction at $346,000 for this project. He said Anjo was prepared to begin work on Monday morning. He said the 8 inch line would be replaced with a 12 inch line. As it goes under CP Rail it will also have a 24 inch casing. Commissioner Ron Kim asked about testing the lines. Paul Male said that lines can be tested, however, this particular line is used 24 hours per day which makes it more difficult to test. Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to declare the sewer line along Geyser Road an emergency to hire Anjo Construction to do the job. Commissioner John Franck said this was clearly an emergency and it met the purchasing guidelines. Commissioner Ken Ivins said there is only $300,000 in the capital budget to cover this cost. Ayes all. DPW Sick Bank Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to allow a DPW employee to draw 17 1/2 days from the DPW sick bank. The DPW CSEA unit has approved of this withdrawal. Ayes all. DEC Grant for Landfill (08-33) Commissioner Anthony Scirocco moved and Commissioner John Franck seconded that the Mayor be authorized to sign the resolution from DEC regarding the methane gas 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 system at the landfill. This is a 50 percent grant not to exceed $747,000. Commissioner Anthony Scirocco noted that the Commissioner of Accounts will also need to sign the documents. Ayes all. Weibel Rink – Compressor Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to extend the contract with Adirondack Temperature Control, pending the review of the City Attorney and the Risk & Safety Manager, for services at the ice rinks. Commissioner Anthony Scirocco said this is the continuation of a maintenance contract. Marilyn Rivers said she would be looking at all maintenance agreements to bring them into compliance with the purchasing guidelines. Commissioner Anthony Scirocco said that there needs to be some work done on the two compressors at the ice rinks. Ayes all. South Broadway Reconstruction Commissioner Anthony Scirocco said the work on South Broadway is scheduled to begin on April 1 going from Fenlon Street to the Route 50 intersection. The work will include sidewalks, drainage, lighting, pavement resurfacing, etc. Paul Male said DOT will loan the variable message board to the City to alert drivers that this work will commence. The work will continue up to racing season, stop and then resume after racing season. DEPARTMENT OF PUBLIC SAFETY On Street Handicapped Parking Tony Izzo said this proposal is to allow the Commissioner of DPS to establish handicapped parking spaces on public streets. Commissioner Ron Kim said the material will be distributed before the next Council meeting. A public hearing was set for April 1 at 6:25 p.m. NYRA/Fire Department Contract Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to authorize the Mayor to sign the contract between the City and NYRA for emergency services during the annual summer racing meeting. The amount of the contract is $64,170. Ayes all. State Police withdrawal from Racino Commissioner Ron Kim said the NYS Police have withdrawn their officers at the Racino. He said that since the inception of the Racino, NYS has provided nine officers at that site. There were more than 1800 calls registered during 2007. His department is evaluating this matter, but they believed it was simply going to be an additional burden for the City. He said his department will not propose to staff that facility with nine officers, but there will be a need to address staffing levels and the Council will need to recognize this need. Commissioner John Franck asked if it might be possible to get some assistance from the County. They also receive VLT funding. Commissioner Ron Kim said that might be possible, but the City has jurisdiction. He said they believed that with the amount of calls, it could be equivalent to three officers. He also noted that the City receives VLT money which should cover this cost. He asked how the City could ask the County, when the City receives money for this purpose. 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Commissioner John Franck said there has been a change in circumstances. He suggested that it might be possible to request more funding. Lobby Day Commissioner Ron Kim said that his department is setting up a lobby day on March 28 at 10:30 a.m. to meet with various local legislative leaders on matters of importance to the City. He invited other Council members to attend. Sgt. Crandall’s Retirement Commissioner Ron Kim announced the retirement of Sgt. Crandall. He has been on the force for nearly 34 years. He has spent the majority of his career on truck traffic and pedestrian safety. Maximum Security Products Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Maximum Security Products for the locks on the jail cells. The amount of the contract is $6,800. Marilyn Rivers said this is a sole source, in that this is the only contractor approved by NYS Department of Corrections to install the locks. She said there is a letter from the NYS Department of Corrections suggesting that this contract be used. Commissioner Ron Kim said that one of the findings from the recent inspection of the police department was the locks on the jail cells. They are the original equipment. There was some concern that if there was a fire, the cells could not be opened quickly. Ayes all. SUPERVISORS Joanne Yepsen Legislative Meeting in Albany: Joanne Yepsen said there was a meeting on March 5 in Albany with the state legislators on VLT, racing, Mt. McGregor closing, nursing homes, unfunded mandates, local emergency services and the county radio system. She said it is important to go to Albany occasionally to communicate to the legislators on matters of importance. Public Safety Issues: Joanne Yepsen said the County is considering a property tax exemption for volunteer fire and ambulance personnel. She said this would fall under home rule legislation. A subcommittee at the county has been formed to study this issue. Lobbying for VLT Money: Joanne Yepsen said this matter has come up a number of times. There is not as much concern for the 2008/2009 years, but this issue could arise again. She said it takes three branches of the state government to change this law. She said that data on how much it costs the City to host the Racino would be valuable information. She has asked Commissioner Ken Ivins to gather than information. Racing Committee: Joanne Yepsen said this committee will meeting in April. At that meeting they will examine the legislation passed by the senate and assembly on matters connected with racing. She said the City and the County needs to stay on top of the VLT and OTB legislation. 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 18, 2008 Matthew Veitch Public Safety Committee meeting: Matthew Veitch said the loss of the NYS police at the Racino was a topic of discussion at the public safety committee. That committee wanted to be kept informed on how the City has handling this matter. County Sewer District Plant Expansion Project: Matthew Veitch said the County passed a resolution on a $52 million expansion of the County sewer plant. They anticipate increased flows due to the potential industrial development. He said he, Joanne Yepsen and Patty Southworth voted against this resolution. The debt service is nearly $3 million per year with $1 million to be paid for by the rate payers. He said it did not seem fair that the rate payers of Saratoga Springs will pay this increased fee when the expansion is for the industrial park. He said the County has also not pursued grant funding. He said, though, that the motion did pass so the rate payers will see an increase. Joanne Yepsen said there are 63,500 users of the County sewer system with 18,000 being City residents. She said 30 percent of the users in the sewer system are City residents. She also noted that about a year ago, the County took away the $20,000 from the City that was used for billing purposes. The City now absorbs that costs. The County is looking to expand the sewer plant and asking the rate payers to pay this increased cost, when there is a moratorium on connecting to the system in certain parts of the County. She said there were a lot of supervisors who voted on this proposal whose communities are not impacted. ADJOURNMENT Mayor Scott Johnson moved and Commissioner John Franck seconded to adjourn the meeting at 10:15 p.m. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 10:15 p.m. Respectfully submitted, Katherine A. Moran Clerk Approved: 15 of 15