City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY NOVEMBER 18, 2008 6:05 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 Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney Absent: Pat Design, Deputy Commissioner, DPW 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 a word-for-word transcript. PUBLIC HEARINGS Fee Schedule for Police Reports Commissioner Ivins opened the public hearing on fee schedule for Police reports at 6:05 p.m. Commissioner Kim advised this is to amend the City Code to allow the City to charge for a variety reports provided by the Police Department. This is part of the initiative for generating revenue. These are common charges for most municipalities. This wasn’t enacted upon sooner as there was belief by legal people that the Freedom of Information Laws (FOIL) restricted our ability to charge for these reports. This past year the State amended the FOIL laws to exclude these reports. Between accident, incident, photographs and letters of good conduct will generate approximately $26,000 annually. If approved, these fees will go into effect January 1, 2009. No one spoke. Commissioner Ivins closed the public hearing at 6:10 p.m. Amendment of Chapter 58-9 – “Alarm Systems – Enforcement” Commissioner Ivins opened the public hearing on alarm systems enforcement at 6:10 p.m. Commissioner Kim advised this is another initiative to increase revenues. The City responds to calls of burglar alarms, fire alarms, etc. throughout the City. Traditionally we did not charge for repeated false alarms. This amendment will allow the City to charge for a false alarm, after the first 2 false alarms for a year. This will help supplement the costs for responding to false alarms. It is anticipated that the revenue City Council Meeting 11/18/08 generated by this will go down over time as people will become more careful; which is a good result. This amendment is predicted to generate approximately $50,000 for 2009. Tony Izzo stated this de-criminalizes the idea of a false alarm. There will not be a court case or charges against the individual. It restructures it as an individual fee and allows the Code Administrator to begin a civil action in Small Claims Court to recover those additional fees. This ordinance has existed for some time; however, this is a re-write of that ordinance and changes a few things. No one spoke. Commissioner Ivins closed the public hearing at 6:15 p.m. Amendment of Chapter 225-59 “Vehicle and Traffic – Redemption of Seized Vehicles” Commissioner Ivins opened the public hearing on vehicle and traffic – redemption of seized vehicles at 6:15 p.m. Commissioner Kim advised this is an amendment of the City Code that would allow the City to charge a surcharge on all vehicles towed for violations of parking rules, etc. Right now the City does not charge a surcharge charge beyond overdue parking tickets. This will be a per vehicle charge. It is believed the revenue generated by this will be approximately $10,000 to support the City’s operations. This is a common charge that cities do access. We feel it is appropriate to introduce this at this time. Patricia Ernst of 432 Broadway inquired who will be paying this fee. Commissioner Kim advised the person who is towed will be paying the fee. Ms. Ernst confirmed that the City will be collecting the fees. Commissioner Kim advised she is correct. There are various reasons why someone would have their car towed. There are instances where a towing operator would be collecting the surcharge. Tony Izzo stated this ordinance only applies if the City has to come in and have the vehicle towed. If an individual calls a towing operator on their own initiative, the rules don’t apply. This ordinance would apply a $20 City surcharge only in those situations where the City Police Department has to engage the services of a towing operator. Ms. Ernst clarified if the City is collecting the surcharge from the towing contractor. Tony Izzo explained the City will be collecting from the owner of the vehicle. Commissioner Ivins closed this public hearing at 6:20 p.m. Amendment of Chapter 118 – “Building Code Administration” Commissioner Ivins opened the public hearing on building code administration at 6:20 p.m. Commissioner Kim advised this amendment to the City Code will allow the City to charge for the inspections of rental units in multi-family apartments with 3 or more units. This does not apply to 2 families or if you have a carriage house. The fee is $30 per unit with discounts if you have 6 -10 units, 11- 20 units, etc. This helps the efforts of our Code Enforces to inspect the units. They will be inspecting all multi-family dwellings over the next 3 years. The State directed the cities to do this inspection work. This charge will offset set some of that expense. We will be sending out as of the 1st of the year, if this amendment is approved, a letter to all owners to have their units registered; they would then be assessed the fees; then we will let them know that within the next 2 years of so we will be inspecting them. It is a process that will take 2-3 years to inspect all the units in the City. The fee covers the 3 years. The total amount projected as income for the 2009 budget is $25,000; this is a conservative number. Page 2 of 17 City Council Meeting 11/18/08 Commissioner Franck asked when the City has to have the inventory or the money billed out by. Dan Cogan, Code Administrator stated the State put this into effect in 2007 and made it mandatory for all municipalities. They gave a 3 year period to inspect which brings us to 2010. They are getting a late start on this, so they are going to try to get the registrations completed in 2009. No one spoke. Commissioner Ivins closed the public hearing at 6:30 p.m. 2009 Amended Comprehensive Budget Commissioner Ivins opened the public hearing on the amended 2009 comprehensive budget at 6:30 p.m. Commissioner Ivins advised he has put out an amended budget that people have been reacting to. The Governor came out and mentioned that he is looking to cut the VLT aid to local municipalities by 50% for 2009. The original comprehensive budget and the amended budget had not only what we got this year but an amount of what we would have gotten if there was no cutback due to an overpayment of a previous year. It is still unclear if the Governor is cutting back 50% of what we got this year or what we would have gotten, or if they recalculate 50% of what we would have gotten in the coming year. We are looking to lose $1.8 – $2.1 million dollars out of our City budget. The Council has gone to Albany the past 2 days to lobby. We have a dilemma, where we won’t know what the State is doing until April 2009, but we have to pass a budget by the end of November or the comprehensive budget originally proposed in October is the budget for 2009. There is a budget workshop next Monday and is hoping to pass a budget of some type. There is a small opportunity to make additional changes as the Governor is coming out with his budget proposal in the middle of December. We have until the 1st week in January to amend the budget and amend the tax rate. At that point we have to submit the tax rate to the County for billing purposes. After we submit the tax rate to the County we can still amend the budget, but we have to live with the tax rate we have. If we are losing revenues, we either have to cut expenditures or find it someplace else other than property taxes. His hope is to get the public’s thoughts before they go to vote next week. We are going to continue to fight and lobby. The other end of the spectrum is to make all the cuts now, and if we get the VLT, then we can reinstate things or move forward. The in-between is to make some cuts now and make final adjustments when we find out for sure if we are getting the VLT. John Krause of 227 Grand Avenue stated this year’s budget process is like being on a teeter tauter. Now we are looking at a revenue reduction of $1.9 million. He was happy to hear all went down to Albany to lobby. He strongly suggests lobbying the County for their portion of the VLT monies. The County share is $1,260,000; if they get cut in half, their share is $630,000. He strongly suggests our Supervisors lobby the County to see if the City could get that $630,000 along with the half share of the $3.7 million we will get for a total of $2.5 million. The County is sitting on a surplus and proposing a flat budget of $2.15 per 1,000 for 2009 and they even admitted in a news article that it doesn’t hurt them as much as it hurts us. We need to construct a contingency budget to cover the potential shortfall. Don’t burden the taxpayer. He suggested again that the Council look at the “F” strategies he suggested the last time he spoke; furlough, freezes for payroll and hiring. Jason Gross of 1 Federal Street. In Monday’s Post Star, they said experts predict at least 2 more years of budget pain for the State. The article also states some states were hit earlier, others are doing good and then there a group, which includes us, where the income tax revenue from financial market or financial service industry has been declining. This means the whole country is involved in it. He doesn’t feel we should spend anything; all our projects including the recreation center should be put off as we are in a financial recession. Commissioner Ivins asked Commissioner Scirocco if he planned to make a presentation on the water and sewer budget at the Monday workshop. Commissioner Scirocco stated he will be making a presentation. Page 3 of 17 City Council Meeting 11/18/08 Commissioner Ivins informed Supervisor Veitch that a resident suggested lobbying the County for a portion of their VLT money to help offset the City. Commissioner Ivins reminded the Council that he sent a memo to them asking for any additional thoughts, cuts, etc. by this Friday so that he may prepare for the meeting on Monday. Albert Callucci of 9 Lexington Road asked if the revenue projection for 2009 versus 2008 is an increase or a decrease. Commissioner Ivins stated the overall City revenues have a slight increase but we had some built in expenses such as capital programs. The actual general fund expenses at this point is less than what we spent in 2008. Mr. Callucci asked to clarify the overtime amount for public safety. Commissioner Ivins advised the overtime for public safety is in the amended budget as $860,000. Mr. Callucci asked what the overtime amount is for public works. Commissioner Ivins advised he didn’t have that figure in front of him at that time. Commissioner Scirocco advised he didn’t know the number either. Mr. Callucci asked if it was similar to the public safety amount. Commissioner Ivins stated no. Mr. Callucci stated we are looking at 20,000 hours of overtime per year for public safety. How can that be justified. Commissioner Kim stated the overtime budget is deceptive because who gets it and how it is allocated is based upon seniority by contractual right. So, 20,000 hours is probably not accurate in terms of actual man hours. An extensive presentation was done by Chief Moore regarding how and what they spend on overtime. The central message was their needs for public safety has steadily increased over the last 20 years; however, they only added 2 police officers. They have dealt with the public safety needs through overtime. A progressive move and a good idea Commissioner Ivins and his Deputy Commissioner came up with is to add 2 officers to our staff to bring down overtime. If the budget as presented now does actually add the manpower, we would expect overtime to go down. It will take time as we don’t take someone off the street and give them a gun and a holster. Mr. Callucci stated overtime in the private sector is a dirty word. It actually deminishes the productivity of the department. He asked Commissioner Kim if any of the shifts overlap. Commissioner Kim stated they do have a 4th shift that overlaps. Mr. Callucci asked if the average officer works 7 hours per day. Commissioner Kim stated with breaks that was accurate. Mr. Callucci stated if we are looking at a 35 hour work week, how we accumulate so many hours. Commissioner Kim offered to sit with Mr. Callucci to go over how the hours are accumulated, such as a minimum staffing need, safety issues, special events, vacations, leave time, etc. The numbers start to add up. Mr. Callucci asked if overtime is used to fill in the gaps due to time off. Page 4 of 17 City Council Meeting 11/18/08 Commissioner Kim stated it depends how the gap of time is created. For example, First Night creates a gap because streets have to be closed and do all sorts of activities. Additional people have to be brought on to accommodate that. We are moving resources around when appropriate. Mr. Callucci clarified the long term goal of Public Safety is to increase the numbers in an effort to give better service and decrease the overtime. This seems to be a reasonable fiscal objective. Commissioner Kim stated the bottom line is when the phone rings, the police, ambulance and fire are going to go out when they need to. He hopes this City Council takes Mr. Callucci’s goal to heart and do budget restraints. Mr. Callucci asked Commissioner Ivins if his 1% increase in revenues is extremely optimistic as very few cities, states, or the federal government is budgeting revenue increases for 2009. Commissioner Ivins stated some of the increases are from the proposals being put forth by Commissioner Kim tonight. This would amount to approximately $100,000. If he had his choice, he would put the energy to ice money into reserves. He has budgeted for us to grow a little bit but not as much as we have in the past. Mr. Callucci asked what the 2008 sales tax revenue is compared to 2007. Commissioner Ivins stated sales tax has been about $600,000 per year. He increased the budget $300,000. This may be an overestimate, but how much more can we cut. He originally cut $4 million dollars from the original requested amount and got a lot of flack from residents as well as Council. Mr. Callucci stated he respects Commissioner Ivins stance. He also asked if we plan on keeping the surplus in reserve. Commissioner Ivins stated he would like to but people are calling for them to tap into a portion of it to meet some of the gap. Commissioner Scirocco stated a lot of the overtime generated in public works is weather related, such as snow removal, water break or special function they have to clean up after. Mr. Callucci asked if overtime has to be approved or is it at random. Commissioner Scirocco stated his Deputy or Director of Public Works makes that call. Mayor Johnson ended the public hearing portion of the 2009 Comprehensive Budget at 7:08 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:08 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Kyle York of 59 Railroad Place is here to talk about our dire financial straights and how to get out of it. Many of you have been defending your programs and refusing to cut a penny. He stated in April 2008, there was a presentation by students from Albany regarding a traffic study. The heart of their paper is to do a pay and display parking system. He doesn’t believe anyone read this report. He urged the Council to take a look at it. It is stated in the report that in the worst case $215,433 would be generated in revenue per year and in the best case $535,680 per year. Page 5 of 17 City Council Meeting 11/18/08 Kristin Brenner of 21 Saint Rose Court. They are immediately east of West Ave. She is here representing a group in her neighborhood. A few years ago the developer approached her neighbors and asked for their support for him to build. Mr. Kamen stated he had plans to build a small to medium size building that would never been seen through the trees. She suggested taking a drive down West Avenue and look at the building and her neighbors’ backyards. You can now see them from West Avenue. Mr. Kamen asked the residents for their support and they gave it. He clear cut the lot and built a 4 story building from the rear. The neighbors now have a dumpster in their backyard and the property values have decreased due to the building. Mr. Kamen would like to develop 3 additional lots along West and Grand Avenue and would like zoning changes so he can do so. As residents of that area, they deplore the City Council to refuse to send this proposal to the planning board until Mr. Kamen mitigates the current property. Mr. Kamen planted 6 small arborvitaes and clearly needs to plant many more trees to make up for the damage that he has caused. Those that live near West Avenue that it will be developed, but they ask for responsible development and neighborly action. What they have is Mr. Kamen’s irresponsible development, lying every step of the way, and the worst kind of neighbor. They believe the comprehensive plan made the lots along West Avenue split zoned precisely to protect the homeowners that abut West Avenue. They believe the UR2 zones at the rear of the lots along West Avenue provide a natural buffer and should remain as UR2. Would you accept this in your backyard? They ask that the Council act in defense of the neighborhood and refuse to send this to the Planning Board on the grounds that the developer has not met the plan of the current building and has created a hardship for the residents in this area. Until these problems are fixed, the developer should not waste the Council’s or the Planning Board’s time. Mayor Johnson opened the public comment period at 7:16 p.m. Presentations Johnson Controls – Amended Energy Performance Contract Bill McTygue, Director of Public Works is here with Chris Kalawara of Johnson Control. Chris is here as a follow up with a brief presentation of where the project is. Chris provided the Council with a copy of the slides from his presentation. He started by reviewing the progression of the energy performance contract with the City of Saratoga Springs. The implementation of this project is nearing completion. The project included energy efficiency improvements for most of the City’s facilities. The project is self-funding meaning the savings with energy operational savings that is guaranteed by Johnson Controls paid for the work paid for the work. The savings exceed the cost of the project; principal, interest and any service related work. City wide project will save $103,417 in the first year. Chris purposed an amendment of infrastructure improvements which include the replacement of the chillers at the both ice rinks and the installation of a new boiler and energy efficient lighting retrofit at the Franklin Community Center. Also, this amendment would include preventative maintenance service on the new chillers as well as the chiller that has been installed at the Canfield Casino. They propose starting construction in the spring of 2009 so that the ice season will not be interrupted. The cost of the amendment would cost $720,497. The annual energy savings for the amendment portion of the work alone will be $64,477 in year one and the annual operations and management savings will be $8,044. A projected 15 year cash flow analysis was provided showing the annual energy savings, annual O & M savings, NYSERDA rebates, capital cost avoidance, etc. There will be some NYSERDA savings they will be able to obtain for the City. The next step is the approval of contract amendment, which is currently under review with DPW. Commissioner Ivins stated we locked in a therm rate of almost 10% less than last year. Based upon the presentation, can we take another $100,000 off the budget? Chris advised once the City has signed off on the project as complete, Johnson Control will produce a report of what the City saved during the construction period. The City will realize 100% of the savings in 2009. Page 6 of 17 City Council Meeting 11/18/08 Commissioner Ivins asked what guarantee of savings if any do we have. Chris advised they guarantee energy savings, kilowatt hour savings and therm savings. Commissioner Ivins is asking for a realistic utility cost for our budget. Chris advised for 2009 he could use the $100,000 plus the reduction cost in therms. Johnson Controls will calculate the savings the City achieved during the construction period. They will calculate it based upon the base line and any energy cost escalators. Per the contract, they are using a 2% energy cost escalation. Then they will plug in actual rates. Commissioner Ivins asked Chris Kalawara if he could provide a number by noon on Friday. Chris indicated Phase 1 savings were $95,814. Commissioner Ivins asked again for energy rates should be for 2009 by noon on Friday or the number of therms. Chris Kalawara stated they can tell him how many kilowatt hours will be saved with the new lighting that was installed; how many therms will be saved on the boilers. It is hard for them to look at the City’s entire energy consumption and make a prediction in terms of what the City would expect to pay in 2009. Commissioner Ivins needs something by noon on Friday so he can work it into the budget. Chris Kalawara can provide what the measures will save in terms of energy and what they will save in terms of cost based upon what the City has been paying for energy. Commissioner Scirocco stated he is concerned with the electric. Bill stated with the lighting retro fit in City Hall, we have realized immediate returns in savings. The boilers that have been installed should prove a savings. We need to remind the employees this building works on only 3 zones so until the system is tweaked, some corners of the building may be warmer than others. Mayor Johnson asked about page 2 of the handout; does the $103,000 annual savings include amendment to the contract being discussed this evening. Chris stated this savings of $103,000 is exclusive of the amendment. The amendment will add another $70,000 in savings per year. Mayor Johnson asked how the savings break out in terms of the rinks and the Franklin Community Center. Chris doesn’t have the break down but can get it. The bulk of the savings is the chillers with minimal savings at the Center. The Franklin Community Center does not consume a lot of energy. Bill advised we had a choice during the capital budget talks to include the chillers or trying to make the chiller replacement project fit under the energy performance contract. Johnson Controls looked at the numbers and stated the project qualify under the energy performance contract and is a better way for the City to go. The current equipment is old and costing money for operation, repair and maintenance. Replacement of chillers is necessary in the spring. We will get through this winter with the existing chillers. There are currently 2 independent boilers operating in the Franklin Community Center. The Director of the Franklin Community Center is worried about getting through this heating season with the current equipment. It is a significant project. Commissioner Ivins asked how much of the $720,000 is for the Franklin Community Center. Mayor Johnson advised approximately $140,000 is for the Franklin Community Center. Page 7 of 17 City Council Meeting 11/18/08 Bill advised the cost is for weatherization and lighting improvements as well in the building. The replacement of the boilers is not an easy task. It will require electric upgrades and they will have to make sure everything is brought up to code. Commissioner Ivins asked who pays the utility costs for the Franklin Community Center. Bill advised they pay their own utilities. Mayor Johnson asked what is the lifespan of the existing chillers if not replaced. Bill advised they will make it through this winter. The compressors have been patched. Commissioner Ivins asked if this is approved for the 2009 budget, what amount will the City have to write a check for in 2009? Will it be a portion because it won’t be completed in 2009? Chris stated if the City approved the project this month, engineering would be completed by the end of January, equipment would be ordered, and construction would be completed by the end of summer 2009. The City’s first lease payment would be due after the acceptance of the project; late 2009. The principal and interest annual payment would be $68,000; a small portion of which would be paid in 2009. Commissioner Ivins asked maybe $2,000 for 2009. Chris stated the City has not expended any dollars on the first project and won’t until they accept the project as complete, however, the City is experiencing the savings now. Bill stated the basis of this program is to provide updated energy infrastructure in City buildings and facilities. Johnson Controls guarantees the City the savings with the installation of boilers, heating systems, energy controllers, new air conditioning, lighting, etc. That savings goes against the cost of the project. The City is eager to enter into any type of contract that saves the City money. This program is sponsored by NYSERDA. NYSERDA bought down 4 full percentage points of the first million dollars borrowed. Our interest rate on the million dollars is .07%. Mayor Johnson asked if there is further potential for NYSERDA to buy down the $720,000 that is on the table now. Chris stated we used up the limit of $1 million on Phase 1. Commissioner Scirocco stated he received a call from the Franklin Community Center tonight advising the boiler is inoperable. They called in a plumber to do some make-shift work. Executive Session: Discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. Mayor Johnson moved and Commissioner Ivins seconded to adjourn into executive session at 7:55 pm. The council resumed the meeting at 9:03 p.m. As a result of the session the Council came to a resolution on one item; a 2007 medical case where permission was given for requested medical procedure in an amount not to exceed $100,000. Ayes – All Vote – 5-0 CONSENT AGENDA Page 8 of 17 City Council Meeting 11/18/08 Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 10/22/08 Public Hearing Minutes 2. Approval of 10/28/08 Public Hearing Minutes 3. Approval of 11/3/08 City Council Minutes 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve DST Amendment 7. Approve Payroll 11/14/08 $447,745.36 8. Approve Payroll 11/7/08 $414,864.61 9. Approve Warrant 2008 Mid 2NOV08 $7500.00 10. Approve Warrant 2008 Mid MC1NOV08 $93,367.85 11. Approve Warrant 2008 Regular 2NOV08 $894,591.95 Ayes – All MAYOR’S DEPARTMENT Discussion: VLT Lobbying Effort Mayor Johnson reported that the Governor has proposed to reduce the VLT money by 50%. This equates to $1.6 –$1.8 million. The Council decided to take action to lobby against this decision with meetings yesterday at the Capital. They are not done with this action yet as they still have to meet with the Governor’s office and Assemblyman Ron Canestrari’s office. We believe we are entitled to the money as a host community providing infrastructure, polices, etc. to the operation of the Racino. We will keep the public abreast of the situation as things continue. In the past we have had the assistance of the Senate Major Leader Joe Bruno. Today the Council did a joint press conference at the Capital today. It is going to be a difficult battle. This will have to factor into our budget discussions. Commissioner Franck thanked the Mayor, the Commissioners and the Supervisors for the support in lobbying. We were supposed to get $3.8 million in 2008 but due to an overpayment we had a $500,000 reduction; we got approximately $3.3 million. It looks like when they looked at ½, they were not looking at the $3.8 million we should have gotten, it’s on the $3.3 million. We are looking at a VLT decrease of $2.1 million, not $1.9 million. They are basing it on what they cut a check for. December 16th is really the beginning of the process when the Governor comes out with his budget. We are on a calendar year versus the March 31st year end for the State. Due to the different years we have to make some tough choices. His contention before this happened was to take half the VLT money away because he thought this was going to happen. Commissioner Kim made a good point today saying the State Troopers used to take care of the Racino, now they are gone and we have to take up that responsibility. Ultimately this is going to greatly affect the budget and we are going to have to change it. Commissioner Kim agrees with everything that is said. He is certain the City Council will continue to lobby and work hard on this issue. It is also up to this community lobby on this issue. The residents are going to be affected by tax increases or services cuts. He envisions the City Council seeking the support of all citizens of the City of Saratoga Springs in addition to the horse people at Aqueduct, Belmont, etc. People will recognize we are not a small community and it is important to others to preserve this. This is important to the City. We need to pull together as a City Council and as a community. Mayor Johnson stated the point is well taken. He asked the public to speak up and join in the process. We have united with 6 other communities that are facing reductions of VLT aid. We are not going it alone. We are trying to be as honest as possible with the community. Commissioner Scirocco stated it was a good 2 days lobbying at the State. There is $100 million dollars they take out of the economy in a 50 mile radius. We are trying now to make little cuts in the budget for Page 9 of 17 City Council Meeting 11/18/08 the meeting on Monday. The community should participate in this too; send a letter to the Governor and the leader of the Senate. Commissioner Ivins commended the entire City Council for pulling together on this. It was a full team effort and will continue to be a full team effort. He will get a list of the key contacts on the City’s website as well as some key talking points. They will make a note of the number inquiries they get on this. Mayor Johnson stated in the press conference to the Governor as a message that we do produce a lot of revenue with our VLT operation in the City; over $100 million dollars for this year alone that goes directly to the state. For us to seek less than 4% of that is not being unreasonable. He summed it up by saying “don’t bite the hand that feeds you”. Discussion: Status of 9P Bridge Mayor Johnson received a call last week from NYS DOT regarding the replacement of the bridge. Originally they were going to do a partial closure; keeping one lane open during the reconstruction of the bridge. They found to replace the bridge while keeping alternate lanes open will cost them an additional $5 million dollars above a $12 million dollar price tag. They decided they will be closing the entire bridge from fall of 2010 to Memorial Day of 2011; 8 – 9 months. There were also practical problems with trying to keep the bridge open while trying to construct a new bridge. They would have to drill 150’ pilings into the lake bed that would undermine the integrity of a strong bridge, by which the current bridge is not. Commissioner Kim advised people had inquired of his department the effect it will have on EMS and fire services. They don’t believe there will be an effect. As a general rule, volunteer services don’t provide mutual aid our department within our district. We don’t expect it will make any of the response times any worse on the east side. Discussion and Vote: Amend 2007-2012 Capital Program (08-216) Mayor Johnson moved and Commissioner Ivins seconded to amend the 2007-2012 capital program to move the item of open space acquisition from 2009 to 2008 . This is in relation to the City’s purchase of 00 Vanderbilt Avenue. This is a procedure issue as the last capital program that was approved in 2006 for the 2007-2012 capital program. To be cautious, we are bring it before the Council to amend the program that had referenced the purchase of open space parcel for the year 2009 up to the amount including $300,000. The parcel in question is $145,000 and fits within the monetary category. We need to move from 2009 to 2008 in order to meet the technical requirements of the capital program that was adopted by a prior Council. This is procedural to better insulate the City and eliminate any legal challenge to any deficiency by this Council and the progress of the purchase and acquisition of that land. Role Call : Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco - Aye Commissioner Kim - Nay Discussion and Vote: Referral to Planning Board for Advisory Opinion of Rezoning Request – Northeast Corner of West and Grand Avenues (08-217) Mayor Johnson moved and Commissioner Scirocco seconded to refer the rezoning request of the Northeast corner of West and Grand Avenues to the Planning Board for an advisory opinion. This was previously before Council in a modified form. It went through planning board with an unfavorable opinion. The applicant withdrew the request from the Council and has refilled with a different application. The vote tonight is only to send it to the Planning Board for their review and render an Page 10 of 17 City Council Meeting 11/18/08 advisory opinion. This is a procedural issue. Things are routinely referred to the Planning Board to help the Council decide. Commissioner Franck stated that the first time this went through it also went to the County for their opinion. Mayor Johnson modified the motion to go through City and County simultaneously. Commissioner Ivins asked if this is turned down by the Council, will the fee be returned to the applicant. Tony Izzo is not aware of any statutory provision for a refund but will check it. Mayor Johnson advised there are 3 parcels involved; 2 on West Avenue (one is north of the corner and one is on the corner) and the third parcel is on Grand Avenue. Commissioner Ivins stated someone had mentioned that the applicant had not fully complied with the original plan. Whose responsibility is it to make sure the first phase is completed? Tony Izzo advised if it was a violation of a site plan or something of the site plan had not been completed is an enforcement issue. It would be the responsibility of the building inspector to make sure the site plan has been complied with. Commissioner Scirocco asked if we know why this went back to the Planning Board. Mayor Johnson advised it was sent to the Planning Board by the Council under a previous request. Tony Izzo stated the Planning Board wouldn’t approve it as it was submitted but made modifications of how they would approve it. The property owner decided not to go with the way the Planning Board suggested and went with a new proposal. Commissioner Kim will vote against this because he has seen a lot of irate people because this developer may not have ‘fertilized the ground’ properly to make sure everyone felt good about what was happening. He directed to the developer that this needs to be taken into account. He needs to work with the neighborhood. Before time is spent as a Council or Planning Board, the developer should spend time with the neighbors and get it straightened out first. Ayes – 4 Nay – Commissioner Kim ACCOUNTS DEPARTMENT Discussion and Vote: Addition of AED (Automated External Defibrillator) to City Hall Commissioner Franck moved and Commissioner Scirocco seconded to add the AED from the Fire Department for placement on the 1 st floor hallway of City Hall. Marilyn Rivers stated the City formally adopted the AED program in May 2004. The first City AED went into the Weibel Avenue facility. At the October meeting, the Safety Committee discussed the AED program again. The Fire Department gave us a refurbished AED. Risk and Safety will take responsibility of the daily checks of the AED. It will be in the hallway on the 1st floor of City Hall. The Fire Department will do an AED class for Weibel Avenue this Thursday and another class in December for City Hall employees. Risk and Safety has agreed to purchase the cabinet that will house the AED unit. We are looking to expand the 2004 program and add this AED to it. A vote will need to be taken as the Mayor will have to sign an application to add this additional AED. Page 11 of 17 City Council Meeting 11/18/08 Commissioner Ivins asked what the problem would be if we held this off until the next meeting. He received a voice mail regarding this issue and was not able to complete listening to it to determine what the persons objections are to this. Commissioner Franck stated this could wait until Monday before taking a vote. This item was pulled from this agenda. Award of Bid: Weibel Avenue Landfill Gas Collection System (08-218) Commissioner Franck moved and Commissioner Scirocco seconded to award the Weibel Avenue Landfill Gas Collection System. Upon the recommendation of the Department of Public Works, I move to award the bid for the Consulting and Engineering Field Services for Weibel Avenue Landfill Gas Collection System to Wehran Energy Corporation for the hourly rates described in their proposal. The hourly rates received from both contractors were within acceptable margins. Given the relative closeness of the hourly rates provided by the two bidders, the DPW decided to award the bid to Wehran Energy Corporation based upon the weighted experience and reputation evaluating criteria described in the RFP document. Commissioner Scirocco stated this is the same firm that has been working with the system since it was installed. He has full working knowledge of the system and helped Billy with the grant for energy to ice. Ayes – All Announcement: Commissioner Franck reminded everyone the bid openings for the High Rock Lots will be held tomorrow at 2pm. If there is 5 or less, the presentations will be held on Friday. If there is more, then we will have to hold on Thursday and Friday. FINANCE DEPARTMENT Discussion and Vote: City Center Payroll Transfer (08-219) Commissioner Ivins moved and Commissioner Franck seconded the approval of the City Center payroll transfer. Commissioner Ivins stated we are the financial piece of the City Center. We handle their budget as far as writing checks. This is a $100 transfer from one social security line to another. Ayes – All Discussion and Vote: Mayor’s/Rec Department Payroll Transfers (08- 220) Commissioner Ivins moved and Commissioner Scirocco seconded the payroll transfer for the Mayor's Department. Mayor Johnson advised this is to transfer payroll line items. Human Resources is moving $6,000 from the HR assistant line to repairs and maintenance line for a file storage room. It is an expansion of Human Resources area for additional files from DPW and DPS. Also, this is to transfer funds from the building inspector line to professional service line for MUNIS training for the building department to be computerized and also a transfer of a part time stenographer line to part time building inspector. We are bringing back Mike Biffer on a temporary limited basis to assist in some backlog. Ayes – All Discussion and Vote: DPW Payroll Transfers (08- 221) Page 12 of 17 City Council Meeting 11/18/08 Commissioner Ivins moved and Commissioner Scirocco seconded the payroll transfer for the Department of Public Works. Mayor Johnson advised the public these are transfers only not additions to the budget. There is money in the budget for all these items. Commissioner Ivins further clarified that we are just money the money from one line item to another. Ayes – All Set Public Hearing: Capital Budget Amendment Commissioner Ivins set a public hearing for an amendment to the Capital Budget for Tuesday, December 2, 2008 at 6:45 p.m. Commissioner Ivins stated we did not bond that portion for the police station and we did not get the money for VLT last year. As an administrative function, we have to make an amendment to the capital budget. Discussion and Vote: Update Finance Policies and Procedures (08- 222) Commissioner Ivins moved and Commissioner Scirocco seconded to update the finance policies and procedures as submitted. Commissioner Ivins stated this is the timesheet that was inadvertently left out of the package from the last meeting. Ayes – All Discussion: VLT Revenue Commissioner Ivins reminded a budget workshop is scheduled for Monday at 6:30. He will come back with another amended version of the budget. Other members of the Council expressed that they would like more time than that night to vote on it. He would like to recommend scheduling a Council meeting for the night after, Tuesday, November 25 at 6:30 p.m. One of the items on that agenda will be a vote on the budget. Mayor Johnson suggested maybe holding the Council meeting following workshop if they feel they can vote on it. If not they can leave Tuesday open if they need it. Discussion: City Finances Commissioner Ivins felt they had addressed this. PUBLIC WORKS DEPARMENT Discussion and Vote: Authorization for Mayor to Sign a Contract with Zandri Construction (08- 223) Commissioner Scirocco moved and Commissioner Kim seconded the approval for the Mayor to sign a contract with Zandri Construction. Commissioner Scirocco stated Zandri Construction will be doing the bathrooms in Congress Park. The contract is for 120 days, therefore the bathrooms will be completed sometime in April. Ayes -All Discussion and Vote: Authorization for Mayor to Sign Amended Energy Performance Contract with Johnson Controls (08- 224) Page 13 of 17 City Council Meeting 11/18/08 Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the Mayor to sign an amended energy performance contract with Johnson Controls in the amount of $720,497. Commissioner Scirocco stated this is for the boiler at the Franklin Community Center along with the installation of energy efficient lighting and occupancy sensors. The chiller replacements at the Vernon and Weibel Avenue ice rinks will increase the operational efficiency and future reliability. Commissioner Ivins stated his going to vote for this specifically because of the Franklin Community Center. He is concerned with seeing this for the first time, a presentation was given and now he is being expected to vote on $720,000 in a tight budget year. It looks like the numbers are going to work, so we wouldn’t incur a lot in this budget. He would have liked a little more assurance and time to have reviewed this. He asked Commissioner Scirocco to please try to give at least a weeks notice on things like this so they have a chance to digest major decisions. Commissioner Scirocco stated this was an issue brought before the capital committee regarding the chillers and the boiler. Johnson Control is guaranty the savings. He would be surprised if we can get through the winter with the chillers at the rinks. This is part of the energy contract and guaranteed savings for the City, otherwise Johnson Controls cuts the City a check. Mayor Johnson asked if we knew where the money was coming from. Commissioner Scirocco stated it has been bonded; it is in the energy contract. We are amending the original contract for $720,000. Under this energy performance contract, they were willing to put the chillers in and include it in that contract with savings in regard to the interest rate. Commissioner Ivins stated this has to go through bond council and expand the line item that is in the budget for Johnson Controls. Ayes – All Informational: Union Avenue Curbing Commissioner Scirocco stated the last phase of the Union Avenue curbing was completed last month. The cost of the two phase project was funded by a grant from Senator Bruno to the City in the amount of $30,000. There were 1358’ of granite curb installed on the 4 islands of Union Avenue from East Avenue to Nelson Avenue. This work was done by our own employees. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Amend Chapter 118 “Property Maintenance Fees” (08- 225) Commissioner Kim moved and Commissioner Scirocco seconded the amendment of Chapter 118 “Property Maintenance Fees ”. Commissioner Ivins is voting for this because we need the revenue but feels this is going to be passed on to the people who live in these units. These are the people who can least afford another ‘tax’. Commissioner Franck is voting for this because it is a safety issue. He looks at this as a proactive way for the property owners to be educated on the codes. Ayes – All Set Public Hearing: Amend Chapter 225-77 “Stop Sign” on Newton @ Division Commissioner Kim set a public hearing for to amend Chapter 225-77 for a stop sign on Newton @ Division for Tuesday, December 2, 2008 at 6:40 p.m. Page 14 of 17 City Council Meeting 11/18/08 Discussion and Vote: Establish Fee Schedule: Police Accident and Incident Reports, Photographs Held by SSPD Commissioner Kim pulled this item from his agenda. Discussion and Vote: Amend Chapter 58 “Alarm System” Enforcement of Penalties (08-226) Commissioner Kim moved and Commissioner Ivins seconded to amend Chapter 58 for alarm system enforcement of penalties. Tony Izzo stated the ordinance decriminalizes and removes it from the penalty realm. It restructures an existing ordinance in the form of additional fees rather than penalties. The procedure has been reworked so that rather than charging someone with a violation and a court appearance ticket, the City can send a notice to the user stating you have had a false alarm and here is the charge. If those fees are not paid, the code enforcer can start a civil action in small claims court to recover the amount of the fees due. Commissioner Scirocco asked if this includes someone pulling an alarm in a dorm. Tony Izzo stated this is not for an intentional false alarm. Intentional false alarms are criminal. The first 45 days from date of installation of a new alarm don’t count. Ayes – All Discussion and Vote: Amend Chapter 225-59 Redemption of Seized Vehicles, Add Surcharge (08-227) Commissioner Kim moved and Commissioner Scirocco seconded to amend Chapter 225-59 redemption of seized vehicles to add a surcharge. Ayes – All SUPERVISORS Joanne Yepsen County Finances Supervisor Yepsen reported the proposed 2009 County budget totals just under $241million in 8 separate funds. The general fund which generates the property tax levy totals about $178.4 million. There is a .7% increase in expenses over the 2008 budget. The opening general fund balance will be just under $30 million. The tax rate will be 2.155 per 1,000 of assessed value. The largest single expenditure continues to be Medicaid at $24.4 million, which is 10% of their budget. They have to spend $16.9 million of the education of handicapped pre-schoolers and $7.8 million on community college tuitions. The net cost of their 3 big unfunded mandates is $45.2 million comprising of 92% of their property tax levy. The capital budget for 2009 is just under $10 million; the largest appropriation is $6.7 million budgeted for road reconstruction and bridge rehabilitation. There are no additional funds set aside for the animal shelter as they set aside sufficient funds last year. There is no money in this budget for the County Water Authority, however the County taxpayers are on the line to underwrite their bonding costs and unfunded operation with a short term loan if needed. The County has budgeted a conservative increase in sales tax of 2% for 2009. They are budgeting $1.1 million in VLT revenues although the Governor is proposing a 50% reduction. The funding cannot be taken away without an act of legislation. There is a public comment hearing on December 3rd. Legislative & Research Committee Report Supervisor Yepsen advised the Committee passed a resolution today endorsing the GO 21 missioner of building a stronger economy. Page 15 of 17 City Council Meeting 11/18/08 Public Safety Committee Report No report given. Sustainable Saratoga Supervisor Yepsen reported that they completed their first meeting last night. There were 15 in attendance and discussed what has happened in the City and the County. They need to clarify what they want to do financially. This is an effort to be green because they are looking at ways to save the City money. Thank You: Guardian House for Homeless Women Veterans Supervisor Yepsen thanked the public, veterans and elected officials that attended last Monday’s kick off for securing a safe haven and transitional home for veteran women. The event brought in over $3500 in their first effort. Matt Veitch Update: Saratoga County Council on Autism Supervisor Veitch reported that the Council met on 11/6 and discussed making recreational programs accessible to all people with physical and other disabilities and a program for first responders. This would be like a training program for EMTs, firemen, police, etc. Folks with autism don’t speak a lot of times and they react completely differently, so it would be good for they people to know how this type of situation when it comes up. Update: Saratoga County Outside Agency Grant Program Supervisor Veitch reported this year 4 requests for funding were received. All requests were denied. The program in theory is a good program but the process doesn’t work well. He will like to work on that. Informational: County Budget Schedule Supervisor Veitch reported there will be a public hearing on 12/3 at 5:30 p.m., and they will be finalizing and voting on the budget on 12/10 at 4:45 p.m. Informational: Saratoga Gaming and Raceway Foundation Supervisor Veitch announced that the Saratoga Gaming and Raceway Foundation is still accepting applications for funding. The applications are due 11/26 with a decision to be made on 12/10. ADJOURNMENT Mayor Johnson moved and Commissioner Scirocco seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:13 p.m. Respectfully submitted, Lisa Ribis Page 16 of 17 City Council Meeting 11/18/08 Clerk Approved: 12/2/08 5-0 Page 17 of 17