City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JANUARY 20, 2009 7:00 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 COMMENT 2009 Capital Budget Amendment – Johnson Controls Mayor Johnson opened the public comment period at 6:58 pm. Commissioner Ivins explained this public hearing is being done in compliance with the charter. The capital budget amendment is proposed for additional work by Johnson Controls as part of the energy performance contract. The Council approved the work on November 18, 2008. The Finance Department bid out the financing portion. One bid returned was a bond instead of a lease and the bond was about a half of a percentage point better than any of the lease proposals. Commissioner Ivins chose to bond this due to the low interest rate, which saved the City about $34,000 over the life of the bond. Since it is being bonded it must be part of the current year’s capital budget, therefore the public hearing. No one spoke. Mayor Johnson closed the public hearing at 7:03 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:03 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. City Council Meeting 1/20/09 Wilma Koss of 160 Kaydeross Park Road stated it was mentioned that the issues that precipitated the investigations and the resulting penalties were the results of actions taken by prior administrations. Based upon the remarks in the paper and on the streets it is clear that a good percentage of our citizens believe it is our current Commissioner is responsible. If people that were directly involved still work for the DPW, they should be appropriately dealt with. It is important to be specific and name names and make it clear that Skip Scirocco was not responsible for what happened. Dave Bronner of 5 Royal Henry Court stated he endorses what Wilma Koss had to say. The settlement with the DEC is a great deal fiscally. This was not a win/win for anyone, everyone lost because of the dumping that is going on and the pollution taking place within our City. On top of the $270,000, we had to spend $250,000 to install a new lift because it was never maintained properly. Also, hundreds and hundreds of gallons of hydraulic fluid had to be dug out of the site as described in the DEC report, not 55 gallons. He said what needs to be done is personal accountability. There were employees of the DPW who are responsible for this occurring. One name he would name is William McTygue, the Director of Public Works. The previous Commissioner of Public Works blamed everyone on the horizon in his comments in the newspaper except he didn’t name any director; he blamed truck drivers and foremen, but not director was named – I wonder why. That man should be removed from his position. He has proved to be incompetent with this. Mr. Bronner showed pictures he took at the old dump site which used to be the recreation site; this is where we are going to build a recreation center. We couldn’t build a recreation center on this site if we wanted to without a huge environmental clean up on Weibel Avenue. There are three sites involved here, the compost site, and the dump site referenced in the report that is north of the PBA road. This is another completely different dump site where all kinds of things were dumped in there to make the ground unstable and polluted. He discovered that site in December 2006 and made an issue of it in April 2007 because it was getting worse. DEC went out to look at it and declared it as an illegal dump site and referenced it in the report. We can’t build a recreation center on Weibel Avenue and the Mayor made a good move to move the recreation center to Southside. Again, people need to be held accountable; the fellow who is the manager of the compost site, the person running the DPW garage had to know they were dumping hydraulic fluid all over. Need to hold some people responsible and personally accountable for what happened out there. Disciplinary action needs to be taken up to and including dismissal from their positions. He is afraid this is not being looked at that way. The gentlemen at this table have a responsibility to hold people accountable for the situation that developed here and caused the City a huge black eye. Kyle York of 59 Railroad Place stated Saratoga Springs is a great place to live. Taxes are the price we pay to live here. Making that equation fair is the tough job of our assessor. At the last Council meeting, a presentation on condo taxation came out of the blue. Today, cash strapped towns are addressing the assessments of condos like the ones he lives in. In the presentation we were told about a single family home that was taxed at 84% of the selling price; compared to it was the extreme example of a condo which sold for the same price and taxed at 33%. The solution that was offered was to have the condo owners pay based upon the selling price. The subject is more complex. He asked for an open public forum, an informative public hearing. His concern is the future of this City; we need a new public safety building. If the condos are going to be rewritten to the point where they are not affordable, the plans do not work, we don’t get the public safety building. Let’s fix what is broken. Jason Gross of 1 South Federal Street stated he works for DPW. He wanted to know how much tax dollars are being wasted on the contract negotiations for DPW. PRESENTATION Commissioner Kim introduced the officers to be sworn in; Jason Cadoret, Arianna Richards, and Steven Reside. He thanked the officers’ families for their patience and understanding. This is a time consuming job and the training was long. Chief Moore explained the officers went through a six month training program. On average only 10-15% of all applicants are employed with the City as an officer. These officers are the best we can get. He wished them all the best of luck in their careers. Page 2 of 15 City Council Meeting 1/20/09 Mayor Johnson wished the new officers the best of luck on behalf of the City Council. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session 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 corporatio n, including the matters of Castell vs. Saratoga Springs, and the Village of Saratoga vs. Saratoga Springs and other matters . Council returned from executive session at 8:23 p.m. Mayor Johnson reported that the Council voted in the matter involving the acceptance of certain recommendations made by the City’s Fleet Safety Program with modifications to those recommendations regarding a DPW employee. Ayes – 3 Nays – 2 (Commissioner Franck and Mayor Johnson) The second matter was resolved by vote a matter involving litigation brought by the Village of Saratoga vs. the City of Saratoga Springs for the return of a letter of credit previously posted with respect to that project a number of years ago. The Council voted to return the letter of credit in part. There was an amount of deposit of $93,500 which will be returned less $25,000 being retained by the City for potential future problems as we go about resolving the remaining issues involved in the litigation. Ayes – 4 Nays – 0 Abstention – 1 (Commissioner Franck) Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 1/6/09 City Council Minutes 2. Approval of 12/17/08 High Rock Lot Workshop Minutes 3. Approve 12/30/08 City Council Minutes 4. Approve Budget Transfers 5. Approve Payroll 1/9/09 $432,288.49 6. Approve Payroll 1/16/09 $440,045.22 7. Approve Warrant 2008 Mid MC9DEC08 $134,133.24 8. Approve Warrant 2008 Regular 4DEC08 $279,303.73 9. Approve Warrant 2009 Mid MC1JAN09 $245,440.88 10. Approve Warrant 2009 Regular 2JAN09 $3,126,313.99 Ayes - All Mayor’s Department Discussion and Vote: Approve the Recreation Departments Application for the Stewart’s Holiday Match Grant (09-10) Mayor Johnson moved and Commissioner Franck seconded to approve the Recreation Department ’s application for the Stewart ’s Holiday Match Grant in the amount of $10,000. Page 3 of 15 City Council Meeting 1/20/09 Linda Terracola explained this is an annual application for a 50/50 matching grant. They are requesting a total of $10,000; $7,000 will be used for Camp Saradac Special needs program and $3,000 for equipment for soccer and lacrosse goals. Ayes - All Discussion and Vote: Approve the Recreation Departments Application for the WGY Christmas Wish Grant (09-11) Mayor Johnson moved and Commissioner Ivins seconded to approve the Recreation Department ’s application for the WGY Christmas Wish Grant in the amount of $10,000. Linda Terracola explained this is an annual application. They are also requesting $10,000 here for the same purposes as the Stewart’s grant; $7,000 for Camp Saradac and $3,000 for equipment for soccer and lacrosse goals. Ayes – All Discussion and Vote: Proposed Amendment to Saratoga Hospital PUD; Merit for Review and Send to Planning Board for Advisory Opinion Mayor Johnson announced this item is being pulled from his agenda. The applicant requested this item be pulled as they plan to add additional property to this application and present it again at the next Council meeting. Discussion and Vote: Resolution Authorizing Application to the Hudson-Fulton-Champlain Quadricentennial for Grant Assistance to Commemorate the 400th Anniversary of the Exploration of the Hudson River (09-09) Mayor Johnson moved and Commissioner Ivins seconded to authorize the application to the Hudson- Fulton-Champlain Quadricentennial for grant assistance to commemorate the 400 th anniversary of the exploration of the Hudson River. Mayor Johnson explained this resolution authorizes the City to apply for up to $22,500 to support the City plans and preparation to commemorate the 400th anniversary of the exploration. There are no matching funds required from the City. The resolution reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A RESOLUTION AUTHORIZING APPLICATION TO THE HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL GRANT PROGRAM FOR ASSISTANCE TO COMMEMORATE THE 400TH ANNIVERSARY OF THE EXPLORATION OF THE HUDSON RIVER AND LAKE CHAMPLAIN Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim WHEREAS, Governor Paterson and the New York State Legislature have set aside funds in the State budget for the commemoration and celebration of he Hudson-Fulton-Champlain Quadricentennial, and WHEREAS, said State set aside includes up to $22,500 in supplemental assistance to support City of Saratoga Springs plans and preparations for events, projects and programs to commemorate the 400th Anniversary of the Hudson and Champlain exploration, and WHEREAS, the early 19th Century development of Saratoga Springs and its rise as America’s first great resort were in large part influenced and advanced by the Hudson River, and WHEREAS, the Frances Young Tang Teaching Museum and Art Gallery at Skidmore College will present a major exhibition during the 2009 Quadricentennial year which will highlight historical and contemporary Hudson River art and art objects, and Page 4 of 15 City Council Meeting 1/20/09 WHEREAS, the City of Saratoga Springs will host the annual All-American Celebration, on July 3 -5, which will, in part, commemorate the Quadricentennial by Celebration branding and slogan, and incorporate Quadricentennial themes through educational events and the All-American Parade, and WHEREAS, the City of Saratoga Springs proposes to collaborate with the Tang Museum, local schools and the City Heritage Area Program and the Visitor Center to sponsor appropriate commemorative events including: museum and cultural exhibits, music and performing arts events, educational and curriculum projects and sporting and outdoor activities, and WHEREAS, the City’s Office of Parks, Open Lands and Historic Preservation, after consultation with representatives of the Tang Teaching Museum and the City Finance Department, the coordinators of the All-American Celebration, has prepared an application seeking to the $22,500 set aside to support said Quadricentennial programs and events to be known as “The Saratoga Springs Hudson-Fulton-Champlain Quadricentennial Celebration,” now therefore BE IT RESOLVED, that the Mayor, as the chief executive officer of the City of Saratoga Springs, is hereby authorized to file said application for funds from the Hudson-Fulton-Champlain Quadricentennial Grant Program in accordance with the Hudson-Fulton-Champlain Act, in an amount not to exceed $22,500, and be it further RESOLVED, that upon approval of said request the Mayor be authorized to enter into and execute a state assistance contract with the NYS Department of Environmental Conservation for such financial assistance to said City of Saratoga Springs for “The Saratoga Springs Hudson- Fulton-Champlain Quadricentennial Celebration,” and be it further RESOLVED, that the Mayor be authorized to collaborate with the Tang Museum, local schools and such other educational and historical facilities and institutions as deemed necessary and appropriate in the development of a community Quadricentennial celebration. Ayes - All Discussion and Vote: Hourly Rate for New Part Time Position at the Visitor Center (09-12) Mayor Johnson moved and Commissioner Franck seconded to approve the hourly rate for the new part time position at the visitor center as $12 per hour. Mayor Johnson explained this is a part time position which means they are eligible up to $16,000 per year. The amount has been budgeted in the Mayor’s department’s 2009 budget. The hourly rate is $12 per hour. Commissioner Kim clarified that was assumed in the 2009 budget. Mayor Johnson confirmed it was. Commissioner Scirocco asked if the individual departments can set the hourly rate within the department’s budget. Mayor Johnson explained the department whose budget is affected does set the hourly rate. They checked with Civil Service to confirm they do not get involved with setting the hourly rate. Ayes - All Discussion: Creation of Capital Construction Committee Mayor Johnson stated he has been concerned since he has taken office over the lack of a committee that has continuity to be involved with in the development and oversight of capital projects undertaken by the City. In this case we have some prominent projects on the table for consideration by the Council; behind City Hall the conjunction of public safety building, parking, and mixed use, and the indoor recreation center. Historically, there has been creation at times of ad-hoc committees by various departments to try to assess need or determine what should be done and have input over design, etc. The ad-hoc committee is allowed by the charter. Sometimes ad-hoc committees do not provide continuity on part of the City and seem to lose purpose at times and more importantly can become political. That is not good for the City in his estimation. His proposal is for the City to create a Capital Construction Committee. His reading of the charter has certain restrictions on what the Capital Program Committee can do. His reading of those conditions raises questions in his mind if the Capital Program Committee could serve the same function. There will be some overlapping between the committees. The authority for the committee Page 5 of 15 City Council Meeting 1/20/09 would emanate from the proposal or the provision in the charter for the Capital Program and its committee as this would be an advisory committee. The membership is somewhat similar to what is in the Capital Program Committee but additional individuals would be included in this committee, notably the director of finance. He is just raising the issue tonight to start thinking about it and have further discussions. Commissioner Franck stated he sees the overlap and sees the arguments from both sides. He suggested the Council make an agreement that if an ad-hoc committee is set up it includes the director of finance. Mayor Johnson stated he envisions having a representative from each department, the city engineer, the city planner, director of finance, director of public works, etc. Commissioner Kim stated the charter also states the Commissioner of Public Safety is responsible for all buildings relating to public safety. That is followed so closely that DPS has to hire their own cleaning crew. The way he reads the charter, the Commissioner of Public Safety takes care of all the buildings, fire houses, police station and the Commissioner of Public Works is responsible for the other half. We may want to change that and if we do we should do that by changing the charter. We can’t change it by a vote here. While this capital construction committee may be a good idea, he doesn’t understand what specifically they would do. It is not something we can do with the current charter. If they want to change the charter he welcomes that discussion. He has supported charter change in the past. Announcement: State of the City of Saratoga Springs Mayor Johnson announced/reminded the public that this Sunday, January 25th at noon at the City Center he will be presenting the 2009 State of the City address. Accounts Department Discussion and Vote: Authorization for Mayor to Sign Agreement with GAR Associates for Software Licensing and Training (09-13) Commissioner Franck moved and Commissioner Ivins seconded to authorize the Mayor to sign an agreement with GAR Associates for software licensing and training in the amount of $1,491.00. Commissioner Franck explained that the city received a grant from the State Archives and Records Administration (SARA) for a record systems project to enhance the data collection and streamline the amount of paper in the assessment office. GAR Associates will be installing and implementing Automated Property Record Card software as part of this project. The agreement has been circulated to council members and includes software, user license, eight additional licenses, training, and first year support and maintenance. The contract has been reviewed by the City Attorney and the City’s Risk and Safety Manager. The software was developed by GAR Associates and works directly with the State’s Real Property System software version 4. Licenses will be distributed to the Assessment staff (5) Public Safety Code Inspectors (2) and the Building Inspector’s Office (1). Ayes – All Discussion and Vote: Authorization for Mayor to Sign Proposal for Funding to State Archives for the LGRMIF (09-14) Commissioner Franck moved and Commissioner Ivins seconded to authorize the Mayor to sign a proposal for funding from the New York State Archives Local Government Records Management Improvement Fund (LGRMIF) in an amount around $50,000 in non-matching funds for a project to expand the use of the City’s laser fiche document management system to include City contracts and all minutes of the development boards and the Urban Renewal Agency. Commissioner Franck introduced Nancy Wagner to further explain this proposal. Page 6 of 15 City Council Meeting 1/20/09 Nancy Wagner advised that the Records Management Office and the Office of Planning and Economic Development receive a total average of ten requests per day to research information from older development board and urban renewal minutes and city contracts. Implementing this program will reduce the cost of staff time now spent researching information by over 83% so this is a significantly worthwhile project. Laser fiche is a system that enables the user to text search documents by a word or phrase. Currently the system has two retrieval users and one full user and houses the city council minutes from 1915 to the present. This is such a fast and efficient system that we are seeking funds to enhance the City’s use of this system to include minutes of every land use board from the inception of the Boards and to also include City contracts which are most often requested documents. Rather than send the minutes and contracts out to a vendor to be scanned, we are requesting funds to hire a data entry clerk to scan and index the minutes into laser fiche, an approach that might help to increase the chances of receiving funding because it a less expensive option and creates a job. Commissioner Franck stated the Accounts Department has a program called Laser Fiche that currently contains all City Council minutes from 1915 and they are fully text searchable. The exact amount is still being determined in preparation of the proposal; the application must be postmarked by February 1, 2009. The Accounts Department currently annually funds one full user and one retrieval user. The proposal requests funding for an additional full user and five additional retrieval user licenses and installation, training from General Codes to use the Laser Fiche program, and funds to hire a person to scan the documents into the laser fiche program. Hiring a person funded completely with grant funds, including required benefits is far less expensive than having a firm scan the documents and therefore more likely to be funded. Another advantage is that the documents would not have to be taken out of the building. The application deadline is February 2, and we can expect to hear whether we were successful by June 30, 2009. Ayes – All Appointment: Commissioner of Deeds Commissioner Franck stated he is appointing the following people as Commissioner of Deeds: Meghan Mullan, Police Officer Lloyd Davis, Police Officer Shane Crooks, Investigator Daniel Mullan, Jr., Police Officer Award of Bid: Decorative Street Lights to Thorpe Electric (09-15) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for decorative street lights to Thorpe Electric Supply for various prices. Commissioner Franck stated upon the recommendation of the Department of Public Works, the award of bid for Decorative Street Lights will go to Thorpe Electric Supply of Rensselaer, NY for various prices. Thorpe Electric was the lowest bidder. Commissioner Ivins asked what the approximate total dollars are for this bid and is it in his budget. Commissioner Scirocco stated he wasn’t sure. Commissioner Ivins asked if it was an ‘as needed’ bid. Page 7 of 15 City Council Meeting 1/20/09 Commissioner Scirocco stated it is a contract with the lowest bidder to buy lamp poles and light fixtures. They will not purchase anything until they have to. This is just a price sheet. It also saves them from having to go out to bid because of the $1499 issue. Commissioner Ivins asked for a copy to be circulated. Aye – All Award of Bid: Extension of Flower Bid with Sunnyside Gardens (09-16) Commissioner Franck moved and Commissioner Scirocco seconded to award the extension of bid for flowers and miscellaneous supplies to Sunnyside Gardens . Commissioner Franck stated upon the recommendation of the Department of Public Works, the extension of the bid for Flowers and Miscellaneous Supplies with Sunnyside Gardens for another year for the same prices as in 2008. Commissioner Ivins asked if we have the amounts. Commissioner Scirocco stated everything was priced out in the last contract and the prices would be the same. It is his understanding it would all be in the contract. This allows them to purchase the flowers at last year’s price, which they felt would be a savings for the City. Commissioner Ivins asked if there was a reason another bid was not sent out. Commissioner Scirocco stated they felt it would be a savings given everything has increased in price. Next year they will go out to bid. Commissioner Franck stated it was in the bid last year that they could extend it one year. Commissioner Scirocco stated Sunnyside was willingly extended the bid. Aye – All Award of Bid: Field Service and Maintenance for the Weibel Avenue Ice Rink Co-Generation Unit to Upstate Testing and Control Services (09-17) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Field Service and Maintenance for the Weibel Avenue Ice Rink Co-Generation Unit to Upstate Testing and Control Services. Commissioner Franck stated upon the recommendation of the Department of Public Works, the bid for Field Service & Maintenance for the Weibel Avenue Ice Rink Co-Generation Unit will be awarded to Upstate Testing & Control Services of Clifton Park, NY for various prices. Upstate Testing & Control Services was the only bidder. Commissioner Scirocco stated they are required under state law to monitor the gas at the landfill. Commissioner Ivins asked how much the contract is worth and is it in the budget. Commissioner Franck stated this too is as an as needed contract. Commissioner Scirocco stated it is a maintenance contract and they contract with Upstate to go in and monitor and then bill the City. It is his understanding that there is a line in his budget for professional services and that is what covers this account. Commissioner Ivins asked if there was an hourly rate. Commissioner Scirocco stated he is sure there is, but doesn’t have that information in front of him. Page 8 of 15 City Council Meeting 1/20/09 Ayes - All Informational: Contract Updates Commissioner Franck stated this item relates to the correction of contracts with Towne, Bartowski & Defio Kean, PC and Fitzgerald, Morris, Baker and Firth, LLC. Upon discussion at the January 6th council meeting, the contracts with Towne, Bartowski & Defio Kean, PC and Fitzgerald, Morris, Baker and Firth, LLC have been updated to reflect the changes discussed. A copy of the changes has been provided. No vote is required. Discussion and Vote: Resolution to Support S255 Commissioner Franck announced he will set up a date for a public hearing at the next City Council meeting. The school district will be making a similar resolution on the 29th of January. They already did a resolution in August of 2007. He is meeting on February 9, 2009, as a guest of Supervisor Veitch, with the County. The County will be voting on this resolution on February 17th. Six years ago the County passed a resolution on this. This is not a tax cheat as no one is cheating. This is about fairness. He is going to try to educate people over the next month about fairness of this issue. Condos are not always 4 or 5 story buildings. The number of stories referenced in the law was put in there to direct the law to New York City when changes were made to 339Y. As a CPA, there was a law in ‘80’s and ‘90’s that stated if you were a cleaning person who cleaned a building less than 5 stories high, you didn’t have to charge sales tax. If you cleaned a building that was 5 or more stories you had to charge sales tax. The reason was it was directed to give upstate New York a break on sales tax and hit the people in New York City to pay the sales tax. Law that originated in 1964 was not created so the City could build condos all around at a tax discount to help revitalize cities. The original intent of the law, which was the right intent and had a lot to do with rent control, was when a person took an apartment house in New York City and sold the individual units, they didn’t want assessors to change the whole characteristic of the building. That is what the real act came from. You have to go back and look at the original law from 1964. Commissioner Franck stated he has no problems with the condos, he thinks they’re great. When the condos came in to the City 10 years ago, the disparity in price on income methods, which is based on rents, and the actual selling price wasn’t that great of a disparity. This wasn’t a big issue then. Now, there is an issue where they can assess at a certain amount and he can’t get close to what the selling price is of these condos. The discounts used to be 10, 15, 20, 25% are now 50-60%. Over the next few meetings, he will bring up dozens of examples of disparity. There are 348 units that have sold in the City and fall under 339Y. Under the current method of collecting taxes for school, county and city, we are collecting $2,302,437. If 339Y wasn’t there or was repealed, we would be collecting $3,454,367. The disparity is quite intense. The tax difference in these units for 1 year is in excess of $1.1 million. The City’s share is $253,000. This is not a small number. On average, $3,310 per unit is not being collected. There are 271 future units. Future units are those that are partially built, built, may never be built but have gone through the attorney general process. Using the conservative number of $3,310 per unit and multiplying that by 271 additional units, there is another $897,000 as a community under school, county and city taxes we will lose. Add this number to the $1.1 million tax difference and we are looking at a potential in excess of over $2 million a year of tax revenue that is lost based on an act written in 1964. Senator Little has not had success with this bill because of downstate. She has changed the bill over the past couple of years to take New York City and Nassau County out; then she put in home rule to have whoever is in charge of the municipality to decide if they are going to stay with 339Y or use the method used for single family units. Flexibility was put into the bill. Page 9 of 15 City Council Meeting 1/20/09 Commissioner Franck believes from conversations he has had with different people that Saratoga County is going to go forward with this and agree to this. This is a New York State legislative problem. He is asking for Saratoga Springs’ Council to put a resolution together to support this. This is about fairness. Mayor Johnson stated the example of the tax money the City is losing is just that. The new law proposed at the state level is for new construction on or about January 1, 2011. Commissioner Franck stated that was correct; anything that is converted or constructed after 1/1/2011. Commissioner Ivins confirmed there is a home rule issue, so they will have to come back as a council after it passes at the state level, and pass another here and set their own date of the home rule of when that takes effect. Commissioner Franck stated that is correct, he will need Council approval. Finance Department Discussion and Vote: Amend 2009 Capital Budget – Johnson Controls (09-18) Commissioner Ivins moved and Commissioner Scirocco seconded to amend the 2009 Capital Budget to include Johnson Controls additional work for $720,497 contingent upon approval of DPW agenda item #1. Commissioner Kim stated he will be voting no on this. He went back into the minutes where we approved the contract, then we put it in the capital budget, then we did the public hearing for the capital budget, and then we did the SEQRA. He can appreciate what they are trying to do, but when you do something in capital budget, it is different than when you do something in the operating budget. He is not sure we don’t have to do a SEQRA. He thinks we have the process reversed, that’s why he will vote against it. Commissioner Ivins stated they do need a 4/5 vote, so he is not sure if Commissioner Kim’s vote will make a difference. It is just a different form of payment. Normally if we accepted the lease, we wouldn’t be doing all this, but they found a way to save some money. The project was already approved. Commissioner Kim stated there are different sources of the money. Capital budget money comes from bonding, financing. Operational money basically comes from your taxpayers. Given those things, there are different ways you process the payments. We are changing gears from an operating cost to a budget cost. There may be a merit to the reason for it but the process has been mangled. We already approved the contract, now we are sticking it in the capital budget. Because it is a capital budget, it has to have SEQRA. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim – Nay Passed: 4 - 1 Discussion and Vote: HR & Civil Service Payroll Transfers (09-19) Commissioner Ivins moved and Mayor Johnson seconded the approval for the human resource , civil service payroll transfers . Page 10 of 15 City Council Meeting 1/20/09 Commissioner Ivins stated the transfers have been distributed earlier. This is to cover payroll for a part time clerk to assist in organizing personnel files. The work was not completed by 2008 as anticipated. Ayes - All Discussion: City Finances Commissioner Ivins stated occupancy tax is higher than budgeted by a couple thousand; a little bit of good news for 2008. National Grid demanded a refund of approximately $250,000. He confirmed this is not a scam and awaiting direction from NYCOM. Black Friday and holiday sales are not as good as hoped. We could be short a budget about $500,000. We have one more month to go. We did reduce the 2009 budget. Commissioner Franck stated his concern is the retailers were down considerably in December 2008 from December 2007. Commissioner Ivins encouraged everyone to shop in downtown and keep the sales tax in the City. Commissioner Kim asked if National Grid wants a check instead as opposed to reducing future bills. Commissioner Ivins advised National Grid got out of the supply portion of the utility business and are just into the distribution. So they are not providing the electric; someone else is selling the electric and they are transporting it over National Grid lines. National Grid just realized they forgot to take that information out of the computer, so they are only going back 2005. So they are asking for us to write them a check. Public Works Department Discussion and Vote: Amend 2009 Capital Budget – Johnson Controls Commissioner Scirocco moved and Commissioner Ivins seconded to amend the 2009 Capital Budget to include $720,497 for the replacement of the standard boiler at the Franklin Community Center and the chiller at the Weibel Avenue and Vernon ice rinks. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim – Nay Passed: 4 - 1 Discussion and Vote: Easements to the City – Maple Avenue Drainage (09-20) Commissioner Scirocco moved and Commissioner Ivins seconded for the Mayor to sign agreement with Matthew Ernst of 300 Maple Avenue and Edward and Florence Richmond of 17 North Avenue for a permanent right of way and utilities easement for the construction of the Maple Avenue storm sewer release system. Mayor Johnson confirmed these are easements to be given to the City. Commissioner Scirocco stated they are. Work needs to be done to relieve some of the flooding in front of Matt’s Service Station. We need the easement to go between Matt’s and Richmond’s. They both agreed to give the easements we need. That money is in the capital budget. Page 11 of 15 City Council Meeting 1/20/09 Ayes - All Announcement: Reimbursement of State Grant Commissioner Scirocco stated on January 16, 2009 they received the New York State Environmental Conservation reimbursement check in the amount of $474,146.64 for Energy to Ice. Informational: Letter from the Town of Waterford Commissioner Scirocco stated when we had the ice storm, DPW sent 2 people to the Town of Waterford to assist them. He received a thank you letter from the Town of Waterford and read that for the public. Informational: On Friday, January 16th, the utility bills were mailed with a due date of February 15th and 16th. These dues dates are a Sunday and a holiday. The correct due dates are Tuesday, February 17, 2009. If there are any questions, call 587-3550 ext. 2500. They are also going to put an ad in the paper and do a press release. Public Safety Department Discussion and Vote: Authorization for Mayor to Sign Contract with Hamilton Watt (09-21) Commissioner Kim moved and Commissioner Ivins seconded for the Mayor to sign a contract with Hamilton Watt not to exceed $2,000 and for an hourly rate of $165. Commissioner Kim advised this matter is in regards to a police officer’s claim. Ayes - All Set Public Hearing: Amend Chapter 225-77 of the City Code Commissioner Kim set a public hearing for February 3, 2009 at 6:55 p.m. to address an all way stop sign at Gick Road and Jordan Drive North. This was a constituent request. Discussion and Vote:Authorization for Mayor Johnson to Sign Contract with Hamilton Watt (09-22) Commissioner Kim moved and Commissioner Scirocco seconded to have the Mayor sign a contract with Hamilton Watt not to exceed $4,000 at an hourly rate of $200 . Commissioner Kim advised this contract is for Hamilton Watt to represent the City in the appeal of a Supreme Court decision regarding a retired employee. Mayor Johnson confirmed that this is the appeal from a denial of summary judgment to the City through the Supreme Court trial court. Commissioner Kim advised that is correct. The City filed a motion for summary judgment on this matter. There is not a ton of case law in this matter and there is an ambiguity in the contract that allows the judge to write in what he feels. In this case, the position of the Supreme Court Judge would be a bad precedent for the City in regards to retirees and the benefits the City would have to extend to the retirees. Mayor Johnson asked how many terminated employees are still alive in the police department. Commissioner Kim stated he is not sure of the number. Mayor Johnson stated the only risk of not appealing from this is to an employee who is terminated as opposed to retired. Page 12 of 15 City Council Meeting 1/20/09 Commissioner Kim stated he believes the issue is if an employee is terminated are they considered retired. Mayor Johnson confirmed the definition of a retired employee was not set forth in the current police contract as noted by the court. Commissioner Kim stated that was correct. Mayor Johnson asked if that was the ambiguity the court relied on. Commissioner Kim stated it was that. Mayor Johnson asked why this law firm is asking for the hourly rate of $200. That is the highest rate seen from this firm. Commissioner Kim stated it is because it is an appellate brief and takes additional hours and higher level work needs to be done. It is capped at $4,000. Mayor Johnson stated he will not be voting in favor of this because he doesn’t believe there is a good chance of success on appeal. Also, he cannot accept the hourly rate as being a reasonable rate. Ayes – 4 Nay – 1 (Mayor Johnson) Discussion and Vote: Authorization for Mayor Johnson to Sign STEP Grant Contract (09-23) Commissioner Kim moved and Commissione r Ivins seconded for the Mayor to sign the Selective Traffic Enforcement Program (STEP) grant in the amount of $16,500. Commissioner Kim stated this amount is in the budget. This grant is provided by the State from the Governor’s Traffic Safety Committee that supports aggressive driving patrols. Ayes - All Announcement: Meeting with Senator Schumer’s Office Commissioner Kim advised his department has a meeting scheduled with Senator Schumer’s Albany office on Friday, January 23rd to continue discussion about potential funding in the stimulus programs and whether or not the public safety facility or fire/EMS facility could be part of that. He will also be in Washington on February 8th and 9th, so he is scheduling meetings with Schumer and Gillibrand again. Commissioner Ivins stated additional clarification would be great; maybe Gilbert Road would qualify. That would free up money from that project. If the police and fire qualify, maybe the recreation center will too. He offered to have someone from the Finance Department to assist him, if interested, to talk numbers. Commissioner Kim stated having the discussion about other projects is worthwhile. The more we can look at other needs of the City the better. Mayor Johnson asked if Gillibrand is getting funding for a downstate police station; Hudson area. Commissioner Kim stated he spoke to her about that and the article is not completely accurate. There is a grant program that would have the potential of funding furniture, fixtures, etc. That’s what was happening in Hudson. Commissioner Ivins asked for clarification if Commissioner Kim wanted someone from Finance to assist. Commissioner Kim stated he would get back to him. Page 13 of 15 City Council Meeting 1/20/09 Discussion: Expiration of Harris Beach Contract Commissioner Kim pulled this item from his agenda. Supervisors Joanne Yepsen Sustainable Saratoga Supervisor Veitch reported for Supervisor Yepsen that they are moving forward with the Complete Streets presentation next Tuesday at 4p.m. at the library. They are still trying to have their 7 p.m. presentation; location unknown. Supervisor Yepsen will be announcing the appointments to sub-committees. Matt Veitch January Board of Supervisors Meeting Supervisor Veitch reported there were 2 resolutions of note done. They amended their Local Law No. 5 of 2008 which was the Empire Zone for AMD. They had not noted any changes in company name;therefore, whatever they’re final name is, the project is the same. That resolution was passed today. Also, they applied for the county grants that are available to celebrate the quadricentennial. Geyser Road Trail Supervisor Veitch reported the Southwest Neighborhood Association met on January 13th. Their contractor for engineering and survey was at the meeting and provided a couple proposals on an area route of how they thought the trail may run through the City. Residents that attended gave input and appear to want to stay with the original plan of running along Geyser Road on the north side from the Town of Milton line up to the State Park area. Also, the contract has been signed with the Parks and Recreation division of the State for the 2006 member item of $25,000 from Assemblyman Tedesco. Informational Supervisor Veitch reported that at the County Board of Supervisors’ meeting today, they had a presentation from the Industrial Development Agency (IDA). The presentation was in regards to the IDA surplus funds they have; they currently have $1.4 million in surplus funds and have rules of how they can spend that money. The IDA is looking to spend the funds. These funds were initially created for industrial development projects and making new industrial parks. He is going to get clarification to see if some of the funds can be used for some of the City’s capital projects. 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 9:45 pm. Respectfully submitted, Page 14 of 15 City Council Meeting 1/20/09 Lisa Ribis Clerk Approved: 2/3/09 Vote: 5 - 0 Page 15 of 15