City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY DECEMBER 30, 2008 8:00 A.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 STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney ABSCENT: Pat Design, Deputy Commissioner, DPW Eileen Finneran, 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. CALL TO ORDER Mayor Johnson called the meeting to order at 8:05 a.m. PUBLIC COMMENT PERIOD No one was present. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approve Budget Amendments 2. Approve Budget Transfers 3. Approve Warrant 2008 Mid MC2DEC08 $146,888.31 4. Approve Warrant 2008 Mid MC3DEC08 $145,102.31 5. Approve Warrant 2008 Mid MC4DEC08 $1,987.56 6. Approve Warrant 2008 Mid MC5DEC08 $133,909.75 7. Approve Warrant 2008 Mid MC6DEC08 $91,432.60 8. Approve Warrant 2008 Mid MC7DEC08 $9,920.94 City Council Meeting 12/30/08 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Easement Agreement – Walbridge Building, Inc. – Caroline Street (08-269) Mayor Johnson moved and Commissioner Ivins seconded the approval of the easement agreement for Walbridge Building, Inc. as proposed subject to Risk and Safety review as well as the City Engineer . Tony Izzo stated this started out as an overhang easement. Tom Frost, the representative, indicated the foundation is sagging in a little and is insecure; they need to stabilize it. They need to move the bottom part of the wall out 1.2 feet into the geography of Caroline Street to stabilize it. The Building Department has looked at it, Risk and Safety has also looked at. It is fairly important to get to this as soon as possible. There are people standing by ready to work on it. Commissioner Franck stated he spoke with Marilyn Rivers and she has not totally reviewed the easement; the easement needs hold harmless language. We can put this subject to review. Commissioner Scirocco would like the City Engineer to look at this as they will be putting in sidewalks down Caroline Street. Mayor Johnson confirmed the amount of easement being sought. Tony Izzo corrected his previous stated to say the total encroachment will not exceed 1.45 feet including the old easement. They already have 1.2 feet and want to go a total of 1.4 feet, therefore they are only asking for a couple more inches. Commissioner Scirocco asked what happens to the easement if the building was to catch on fire. Does the owner maintain that easement or do they have to re-file? Tony Izzo stated this agreement ceases if there is any permanent change or permanently dismantled or moved; the easement goes away. Ayes - All ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT Discussion and Vote: Finance Department Payroll Transfer (08-270) Commissioner Ivins moved and Mayor Johnson seconded to approve the Finance Department Payroll Transfers. Commissioner Ivins advised the assistant to Finance was under budgeted and the receiver of taxes was over budgeted for the same amount; this was just a miscalculation from last year. Ayes - All Discussion and Vote: DPS Payroll Transfer (08-271) Page 2 of 4 City Council Meeting 12/30/08 Commissioner Ivins moved and Commissioner Kim seconded the DPS payroll transfers. Commissioner Ivins stated this is a transfer from the police captain salary line to the juvenile aid comp time line to cover a deficit in that line. Ayes - All Discussion and Vote: Mayor’s/Rec Department Payroll Transfers (08-272) Commissioner Ivins moved and Mayor Johnson seconded the Mayor’s/Rec Department payroll transfers. Commissioner Ivins stated the Administrator of Parks and Open Space salary line is under budgeted and recreation year end supplies were needed. The deficit was covered was covered with unused supervision payroll line. Ayes - All Discussion and Vote: DPW Payroll Transfer (08-273) Commissioner Ivins moved and Commissioner Scirocco seconded th e DPW payroll transfers. Commissioner Ivins stated the transfers cover deficits in the Water Treatment Plant payroll lines, holiday pay lines, auto service manager pay, recreation labor overtime, Vernon arena labor overtime, account clerk pay, off-street parking overtime, garage overtime, streets overtime, engineer’s office overtime, and the social security lines associated with the above. Ayes - All PUBLIC WORKS DEPARMENT Nothing at this time. PUBLIC SAFETY DEPARTMENT Nothing at this time. 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 stated they will also be discussing involving the recent filing of the Article 78 against the City by a number of individuals known as the Friends of the Southside Recreation. Mayor Johnson moved and Commissioner Ivins seconded to adjourn into executive session at 8:15 a.m. Ayes - All Council resumed at 8:48 a.m. The Mayor reported that there were a number of items resolved during the executive session. The Council approved to retain defense council to defend the City in the matter pending in the State of New York Supreme Court County of Saratoga Council, entitled Application for Judgment Pursuant to Page 3 of 4 City Council Meeting 12/30/08 Article 78 of the CPLR and Declaratory Judgments pursuant to Article 30 of the Civil Practice Law and Rules; William Mirabile, Douglas and Pamela Bricker, Peter and Susan Brown, Robert and Ann Bullock, Robert and Mary Enholm, Raymond and Undine Giguere, Mary Miner, Richard and Michelle Russo petitioners against the City of Saratoga Springs, City of Saratoga Springs City Council and City of Saratoga Springs Planning Board, Respondents – Index No: 2008-4683. The firm to be retained is Miller, Mannix, Schachner, and Hafner at the prevailing rate that they currently charge the City, up to a maximum of $150 per hour for an aggregate total not to exceed $20,000. This was approved by a 3 – 2 vote in favor of retaining council in this matter with Commissioner Scirocco and Commissioner Kim casting the Nay votes. Commissioner Kim asked if the Mayor comes back with a contract for the Council to approve for him to sign. Mayor Johnson stated there is no contract that is separate and apart from the approval process. There will be an agreement entered into, but it does not require further City Council approval. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 8:54 a.m. Respectfully submitted, Lisa Ribis Clerk Approved:1-20-09 Vote: 5 - 0 Page 4 of 4