City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 1, 2008 6:25 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 HEARINGS Handicapped Parking Mayor Scott Johnson opened the public hearing on the handicapped parking ordinance. Tony Izzo, Assistant City Attorney, said this is a change to Section of 225-2 of the City Code. This change will allow the Commissioner of Public Safety to establish handicapped parking spaces on public streets in accordance with the City Code. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Water & Sewer Rates Mayor Scott Johnson opened the public hearing on the water and sewer rates. John Kraus, 227 Grand Avenue, said at the last meeting he talked about the budget process and lack of review and oversight on the water and sewer budgets. He then asked about the state audit. He said his concern was that there was only an analytical review/presentation on the water and sewer budgets. He asked for clear representation on percentage of rate increases. The state audit did not address these issues. He suggested that Commissioner Ken Ivins address the cost allocation between the audits and the report. He also asked Commissioner Ken Ivins to include an analysis and review in the fall along with the general and capital budget. In past years, there were no reviews on those budgets. 1 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 David Bronner, 5 Royal Henley Court, said he misspoke at the last meeting and should have said that the City does not have a completed application into DEC for the water permit to tap Saratoga Lake. He said he did not believe there was a choice and that it was likely that rates water & sewer rates would need to be increased. He said though that the residents should be provided with a detailed accounting of the money spent on the Saratoga Lake water project and the Council needs to formally resolve what it is going to do with this project. He said in December 2004 the Council passed a resolution stating that it was not interested in going to Saratoga Lake, then in October 2005, the Commissioner of Public Safety changed his position and the vote was then to go to Saratoga Lake. He said it was now time for a formal resolution stating that the City is no longer interested in going to Saratoga Lake and that no more funds will be expended on this project. There is no demonstrated need for Saratoga Lake. Since the October 2005 resolution circumstances have changed in both the City and the County. The County system is being constructed and the City could tap into that system. The City also has a water line extension account with a balance at $481,000. He suggested that the parameters for expending those funds be reviewed and expanded. He said Bill McTygue has stated on several occasions that one of the reasons that the City has this deficit is because the City did not sell enough water. He said that implicit in that statement is that the City has enough water to sell. If the City has enough to sell, then why are we going to Saratoga Lake? Wilma Koss, 160 Kaydeross Park Road, asked that the Council consider adopting a resolution to use the water line extension fund account to defray the water rate increase. There being no one else wishing to speak, Mayor Scott Johnson closed the hearing on the water and sewer rates. Community Development Block Grant Mayor Scott Johnson opened the public hearing on the community development block grant noting that comments will be received until April 4. Ed Spychalski, SSHA, 1 South Federal Street, President of Saratoga Springs Affordable Housing. He said the Council has a unique opportunity to approve the CDBG grant program which includes funding for the acquisition of property on Allen Drive. This is the first time that the City actually has a concrete project underway for affordable housing. He said there have been numerous committees over the years, but no results. The Saratoga Springs Housing Authority has been working on this project for more than nine months. He asked the Council to support this funding. Johanna Dushlek, Stonequist Apartment, said it would mean a lot to the residents of Stonequist and she asked the Council to approve this funding. Mayor Scott Johnson said that further comments could be directed to City Hall until April 4. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:00 p.m. Executive Session Mayor Scott Johnson moved and Commissioner John Franck seconded to move to executive session at 7:00 p.m. for the following reasons: discussions regarding proposed, pending or current litigation as well as personal, private information of a person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, discipline, dismissal or removal of a person or corporation. Ayes all. Council members returned at 7:30 p.m. 2 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Wilma Koss, 160 Kaydeross Park Road, President of the SLA, distributed the SLA newsletter. She said Saratoga Springs represents about 13 percent of the shoreline and 21 percent of their members. She would like to see more articles in the newsletter from Saratoga Springs and encouraged Council members to submit material. Mark Lawton, 209 Nelson Avenue, said there are many budget items on tonight’s agenda requesting additional funds. The 2008 budget was adopted and certified in balance. The charter requires that the Commissioner of Finance assure that a balanced budget is maintained. There must be a certificate of availability of funds before the Commissioner of Finance can act. He asked if the appropriate procedures had been followed. He suggested the City Attorney take the responsibility of assuring that the requirements have been met before it is on the agenda. Kyle York, 59 Railroad Place, suggested that the Supervisors’ agendas be moved to the beginning of the agenda. There being no one else to speak, Mayor Scott Johnson closed the public comment period. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of March 18, 2008, meeting minutes 2. Award of Bid: Lube Oil & Grease – RH Crown for gear oil, hydraulic Oil & Multipurpose grease, North Country for diesel fuel additive Fertilizer – Carolina Eastern – various prices Printed shirts – various prices 3. Budget Amendments (Attachment A) 4. Budget Transfers (Attachment B) 5. Payroll: 3/21/08 $406,307.62 Payroll: 3/28/08 $436,202.16 6. Warrants: 2008 Mid MC2MAR08 $2,834,090.37 2008 Regular 1APR08 $ 682,451.18 Ayes all. MAYOR’S DEPARTMENT 2007 Annual Report of City Center Authority Mark Baker presented the 2007 Annual Report of the City Center Authority to the Council. Included in the annual report is the 2008 operating budget. It is good news. Their revenues increased from 2006 to 2007 by 8.3 percent while their expenses increased by 2.8 percent. Personnel costs went up by 2.4 percent. They ended the year with a balanced budget. They hosted 136,000 guests which created more than $27 million in sales activity. They hosted 115 events over 225 days which is 62 percent occupancy. If the months of July and August were taken out of that equation the occupancy rises to 75 percent. Mayor Scott Johnson asked about the expansion efforts. Mark Baker said the City Center Authority received the signed disbursement agreement recently for the first $6 million from the State Dormitory Authority. He said they hoped to break ground by the end of the year. He said in the 2008 state budget there should be additional monies towards this expansion. 3 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 Commissioner Anthony Scirocco commended Mark Baker and his staff on a job well done. 2008 Part time Personnel Hourly Rates and Coordinator Rates Linda Terricola, Recreation Director, said this is an annual approval of the part time hourly rates. She said there were a few changes, one being the elimination of a position and those duties being included in the Assistant Director position, therefore, the salary was increased from $16.50 to $18.00/hour. The other incremental increases were 50 cents per hour for returning Camp Saradac counselors. These increases were included in the adopted budget. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the 2008 part time personnel hourly rates and coordinator rates as presented. Ayes all. Camp Saradac and Playground Program Field Trips Linda Terricola said this is an annual approval for field trips. In past years there have been last minute changes to the schedule, however, they would make every effort this year to not change the schedule. Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to accept the Camp Saradac and Playground Program Field trips as presented. Ayes all. Donation from Stewarts Holiday Match (08-34) Linda Terricola said the City is the recipient of a $4,000 grant from the Stewarts Holiday match program. The funds will be used for the special needs program at Camp Saradac. Mayor Scott Johnson moved and Commissioner John Franck seconded to accept the $4,000 grant from Stewarts as presented. Ayes all. Thompson/West for Westlaw Electronic Legal Research Mayor Scott Johnson said the City will go completely electronic with the Westlaw research books. The program has also been expanded and the cost reduced by $3,500. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the contract as presented. Ayes all. Easements – York Avenue & Henry Street Niagara Mohawk, 135 Grand Avenue, 122 Van Dam Street & 120 West Avenue (08-35) Tony Izzo said there are four easements, two based on surveys, one from the Design Review Commission and one from National Grid. The Niagara Mohawk easement is for York and Henry Streets not Maple Avenue. He said he had asked National Grid for a better map on that easement as well. Commissioner John Franck said the motion should be contingent upon the City Attorney and the Risk & Safety Manager for indemnification purposes. Tony Izzo said the two easements from the homeowners are for pre-existing conditions and the one on West Avenue from S&D Realty is for an awning. Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the four easements as presented, noting the street name change on the Niagara Mohawk easement, and further subject to the review the City Attorney and the Risk & Safety Manager. Ayes all. 4 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 Saratoga County Arts Council Lease (08-36) Mayor Scott Johnson said this is renewal of a ten year lease with the Saratoga County Arts Council. There was a slight change to this lease to exempt the portion of the building that will be used for the bathrooms. Mayor Scott Johnson moved and Commissioner John Franck seconded to accept the lease as presented contingent upon the review the Risk & Safety Manager for insurance purposes. Ayes all. Design Review Commission Appointments Mayor Scott Johnson withdrew this item. ACCOUNTS DEPARTMENT Award of Bid – Traffic Signal Improvements Upon the recommendation of the Department of Public Safety, Commissioner John Franck moved and Commissioner Ken Ivins seconded to award the bid for Traffic Signal Improvements to Stilsing Electric in the amount of $272,323 for traffic signal improvements on Ballston Avenue, Federal Street, Railroad Run and Fenlon Streets. Ayes all. Award of Bid – Nelson Avenue Drainage Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to award the bid for the Nelson Avenue Drainage project to Jablonski Excavating, Inc., in the amount of $1,049,799 subject to the review of the Risk & Safety Manager. Ayes all. Appointment – Board of Assessment Review (08-37) Commissioner John Franck announced the appointment of Camille Daniels, with a five year term, to the Board of Assessment Review. She has served on Saratoga Plan and the Comprehensive Plan Advisory Committee as well as volunteering for many organizations. He thanked Bill Walbridge for his years of service on this board. Addition to the Agenda – City Hall Stairs Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to add to the Council agenda the award of bid for the City Hall Stairs. Ayes all. Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Ken Ivins seconded to award the bid for the City Hall Stairs to Ganem Contracting of Clifton Park for the base bid price of $210,000. There is $172,804 in the Capital Budget for this item leaving a shortfall of $37,196. DPW has requested that shortfall be taken from the building reserve fund, pending transfer. This is contingent upon the review of the City Attorney and the Risk & Safety Manager. Commissioner Ken Ivins certified that the line items are appropriate and it will meet the guidelines. Ayes all. Commissioner Anthony Scirocco said the steps will be restored to the original steps with the lions. 5 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 FINANCE DEPARTMENT Transfer of funds– Traffic Control Maintainer 2 to Traffic Control Maintainer 1 Commissioner Ken Ivins moved and Commissioner Ron Kim seconded to approve the transfer of funds from the Traffic Control Maintainer 2 position to the Traffic Control Maintainer 1 position and further noted that it meets the guidelines and is hereby certified (Attachment C). Ayes all. Commissioner Ron Kim said this is not an increase in his budget, but rather a decrease of nearly $3,000. Traffic Control Maintainer 1 pays less than Traffic Control Maintainer 2. RFP – Basement Renovation Commissioner Ken Ivins withdrew this item from discussion. RFP – Website Redesign Commissioner Ken Ivins withdrew this item from discussion. City Finances Commissioner Ken Ivins said it is his understanding that the VLT money for the City remains in the state budget. He said they also believe that the City will receive $4.2 million this year – the City budgeted $3.8 million. Commissioner Ken Ivins read excerpts from the State Comptroller’s audit noting that the City did not adopt structurally balanced budgets, but relied on the unreserved fund balance and as a result they found the general, water and sewer funds experienced a decline. The combined unreserved fund balances declined from $3.8 million on December 31, 2003 to $488,426 on December 31, 2006. The audit goes on to say that the City is not fiscally stressed, however these trends could result in fiscal instability. City officials need to monitor the financial status. The reports states that the use of the surplus fund balance as a means to finance operations is a basic component of budgeting, but is not a sound financial practice. He said that fund balances impact borrowing and bond ratings. This report covers only 2003 to 2006. There was a turn around in the 2007 budget. Commissioner Ken Ivins said the City has many needs including more police officers, water issues, road works, sewer lines, new buildings, etc. He urged Commissioners to think carefully before expending funds. Commissioner John Franck said that Commissioner Matthew McCabe did a good job in turning the City’s budget around and hoped that Commissioner Ken Ivins would continue that trend. DEPARTMENT OF PUBLIC WORKS Water & Sewer Rates and Resolution (08-39) Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to approve the 2008 water and sewer rates as presented. Commissioner Anthony Scirocco distributed information to Council members to clear up the confusion on the water and sewer rates. He said the City finished 2007 with a $175,000 fall in the water fund because expenses surpassed sales. The sewer budget has a surplus of $265,000, however, the county is increasing their fee by $1 million. He said that previously Commissioner Thomas McTygue noted on numerous occasions that the rates were going to go up. Usage has been flat, costs have risen and the City has not maintained a proper fund 6 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 balance. This matter should have been taken care of with the last administration, but it wasn’t. Therefore, he is compelled to balance the fund. Commissioner John Franck said it was clear that there was no choice but to support this motion. He thanked both City supervisors for voting against the sewer rate increase at the County. Commissioner Ron Kim said while he is not an accountant, the numbers still did not make sense to him. Commissioner Ken Ivins said it was a complicated process whereby appropriated and unappropriated numbers were combined. He said this information came from Christine Gillmett- Brown, therefore, felt assured that it was correct. Both Commissioner Anthony Scirocco and John Franck thanked Commissioner Ken Ivins for clarifying the numbers. Commissioner Ron Kim said he reviewed the minutes of last year when it was stated that the water rate increase would be 7 percent. He said the City owes it to the public to be open on these matters. Commissioner Anthony Scirocco said much of this is based on water sales and if it’s a rainy season, less water is sold. Commissioner Ron Kim asked if Commissioner Anthony Scirocco would keep the Council informed and alert the Council if there is another anticipated deficiency. Commissioner Anthony Scirocco agreed. Commissioner Ken Ivins pointed out that over the years, water sales have continued to increase and that has now changed. Ayes all. Compost Fees (08-39) Commissioner Anthony Scirocco said that due to the rising cost of gas, his department was forced to raise the compost fees for 2008. Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to increase the fees as follows: pick up compost in 2 cubic yard increments is proposed at an additional $2.00 per yard. The cost to City residents, delivered is proposed at an additional $2.00 per yard. The cost to out of town deliveries is proposed at and additional $4.00 per yard within a 10 mile radius. Ayes all. Church & Myrtle Streets – Informational Meeting Commissioner Anthony Scirocco said he would hold an informational meeting on the Church & Myrtle Streets reconstruction project on April 16 at 6:30 p.m. Creighton Manning will be available to answer questions. He invited everyone to attend. Geyser Road Sewer – Amendment Capital Budget Commissioner Anthony Scirocco requested that a public hearing be set for April 15 at 6:55 p.m. for a capital budget amendment on the Geyser Road sewer project. He said there is currently $300,000 available in the capital budget and the estimated cost for the project is $341,000. City Hall Stairs Previously discussed. Executive Assistant to the Commissioner of Public Works (08-40) Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to create the line item for the Executive Assistant to the Commissioner. 7 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 This position was created two years ago, but not funded or filled. The funds will be transferred at the next meeting. Ayes all. Nelson Avenue – Jablonski Contract Commissioner Anthony Scirocco withdrew this item from discussion. DEPARTMENT OF PUBLIC SAFETY Police Officer Overtime – Use of Contingency fund Commissioner Ron Kim said he would not ask for a vote this evening on this matter because there are some unanswered questions, however, this needs to be discussed. He said that although the state has not yet adopted their budget, the troopers stationed at the racino have been redeployed. Within six hours of the troopers leaving the racino, the City got its first phone call on an incident. The troopers had nine officers/detectives stationed there. The City is conducting an analysis and through the remainder of 2008, all calls that need to be answered at the racino will be done through overtime. He explained that police officers cannot be hired on a moment’s notice. In the 2009 budget, his department will look for additional positions but it will not be nine officers. They are looking for a balance between overtime and hiring new officers. Police Overtime Commissioner Ron Kim said overtime is scheduled by seniority. Events that need to be covered through overtime costs include regattas, parades, fun runs, Victorian Streetwalk, First Night, Hats Off, July 4th, etc. It is a safety issue and the police need to be there during these events. There are minimum staffing levels predicated by industry standards that need to be maintained. The City is 28 square miles and there is a lot of territory to be covered. He also noted that they have some vacancies and they anticipate retirements this year. They have 71 positions, but they have been operating with between 60 and 66. He said he was bringing this matter to the Council because there needs to be some discussions with the Council on overtime. He estimated that it will cost the City $60,000 to cover the special events. They have been considering asking organizations sponsoring these events, including the not-for-profits, to cover this expense. Commissioner Ken Ivins asked if it was necessary to have trained officers covering these events. Commissioner Ron Kim said in some cases it’s a matter of crowd control. He said that sometimes when blocking off intersections those intersections are staffed with volunteers. But at the larger intersections such as Route 50 and Broadway, requires a police offer. It is a safety issue. During events such as the Victorian Streetwalk, crowd control is a factor. They could look at the staffing levels again to be sure that they are at the minimum staffing levels. Traffic Control Maintainer 1 position (08-41) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to establish the Traffic Control Maintainer 1 position at Grade 12, step 1, 40 hours at $41,292. The funds will be transferred from the Traffic Control Maintainer 2 position to this position with a savings of $2,700. Ayes all. Create Executive Assistant to the Commissioner of Public Safety (08-42) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to create the budget line item for the Executive Assistant to the Commissioner of Public Safety. 8 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 Commissioner Ron Kim said he is reorganizing his department. This position was created in February 2005, but not funded. Mayor Scott Johnson asked if this was a noncompetitive position. Commissioner Ron Kim said yes. Commissioner Ken Ivins said the funds would be transferred at the next meeting. Ayes all. Dr. Timothy Brooks Contract (08-43) Commissioner Ron Kim moved and Mayor Scott Johnson seconded to renew the contract with Dr. Timothy Brooks from January 1, 2008, to December 31, 2008, contingent upon the review of the Risk & Safety Manager. The funds are in the budget. Ayes all. Handicapped Parking Commissioner Ron Kim withdrew this item from discussion. Donated Sick leave for Police Officer Commissioner Ron Kim moved and Commissioner John Franck seconded to transfer 23 days of sick time from one police officer to another. Ayes all. Police Overtime Previously discussed. Lobbying Day in Albany Commissioner Ron Kim thanked Mayor Scott Johnson, Ed Moore, Bob Cogan, Eileen Finneran, Kate Jarosh and Joanne Yepsen for attending the lobby day on March 27. He said that they were able to meet with many of the state’s legislators and/or their staffs on the VLT funding. Congresswoman Gillibrand’s Tour of Police & Fire Stations Commissioner Ron Kim said that Congresswoman Kirsten Gillibrand toured the Lake Avenue Fire Station and the police department. He said Congresswoman Gillibrand informed them that there is federal money available for furnishing a new police station and for fire related equipment. Authorization for Mayor to sign contract with Stilsing Electric Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Stilsing Electric for the traffic signal improvements in the amount of $272,373. Ayes all Announcement – Towing of Vehicles Commissioner Ron Kim announced that the City will begin towing vehicles of those individuals who have hefty parking fines already levied on them. These individuals have been warned. Donation – Horse Stall (08-44) Commissioner Ron Kim moved and Commissioner Ken Ivins seconded to accept the donation of a second horse stall from the Warpole family for October to December 2007. The estimated value of the donation is $1,050 ($350 month). Ayes all. 9 of 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 1, 2008 SUPERVISORS Joanne Yepsen Open Space/Farmland Protection grants: Joanne Yepsen said the open space/farmland protection grant applications will be available on May 1 and need to be submitted by July 31. The total amount to be awarded is $750,000 up from $500,000 last year. The grant applications can be for a maximum of $100,000 per project or 90 percent funding for farmland projects. If a not for profit wants to apply, it must be approved by the Council first. Mid County Trail Initiatives: This committee met on March 26 with many participants. The County has many trails, including the Zim Smith Trail, Geyser Road, Luther Forest, DEC forest preserve, Finch Pruyn, the County water line, etc. NYS Open Space Plan: Joanne Yepsen said the plan is open for a rewrite. During the next two months the County Board of Supervisors will consider additions for inclusion in this plan. The new plan will be drafted in 2008 and adopted in 2009. Report from County Personnel Committee: Joanne Yepsen said this is a new committee which recently had its first meeting. She said one of first issues to discuss is the shortage of psychiatrists in this area. There are also many retirements coming up. Angelo Calbone, CEO of Saratoga Hospital, will be the speaker at their next meeting. April Schedule/Open Government: Joanne Yepsen said that April is open government month. She reminded everyone that County meetings are open to the public. Matthew Veitch Autism Awareness Forum: Matthew Veitch said that on Saturday, April 5, there will be a forum at Saratoga Bridges from 1:00 p.m. to 4:00 p.m. on Autism awareness. This is the first of this kind of forum in this area. They recently held one on Staten Island which was well attended. He also noted that April is Autism Awareness month. ADOURNMENT Mayor Scott Johnson adjourned the meeting at 8:50 p.m. Respectfully submitted, Katherine A. Moran Approved: Clerk 10 of 10