City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 3, 2009 6:55 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney STAFF ABSCENT: Patrick 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 Amend Chapter 225-77 of the City Code – Stop Sign at Gick Road and Jordan Drive North Mayor Scott Johnson opened the public hearing on the amendment to Chapter 225-77 of the City Code for a stop sign at Gick Road and Jordan Drive North at 7:00 p.m. Nancy Wagner of 17 Sherri Road stated this is the first step in what should be a continued process of mitigation to correct the dangerous situation that exists from Rt. 50 to the entrance of Kwan Pai’s proposed development in the Rt. 50 Plaza. The Streets in the cul-de-sac of Jordan Drive South, Sherri Road, and Jordan Drive North are narrow. The exit from Jordan Drive North onto Gick Road is blind from the left side. The stop sign will help immensely. Other things that would help are: 1) Enforcing snow emergency rules so the tenants that rent at 2 Gick Road are prohibited from parking their cars along the mouth of Jordan Drive South at the intersection of Gick and the tenants that rent at 1 Jordan Drive North are prohibited from parking their cars along Jordan Drive North, preventing the public works crews from being able to effectively salt, sand and plow those crucial areas. It is difficult to exit Jordan Drive South now, and having the cars parked there narrows the road and makes it harder to get out safely. It is difficult to come in on Jordan Drive North with the cars parked so close to the intersection. This is not a problem exclusive to these current renters; it is an issue that occurs every year. 2) White lines should be painted down either side of Gick Road to calm the traffic that typically enters that area from Jones Road at speeds seemingly over 40 miles per hour. 3) Lowering the speed limit on Gick Road from Jordan Drive North to Route 50. There is a crest on Gick Road about half way between Jordan Drive North and Jordan Drive South and a curve City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 right before the crest. Both the crest and the curve impede a clean sight line in an already tough section of road, making it scary to exit either end of the cul-de-sac. Ms. Wagner asked each council member to drive thorough their neighborhood and down Gick Road to see and experience the problems first hand. She hopes the all-way stop is just the beginning of several steps to improve the situation. Frank Perreault of 13 Sherri Road stated that Gick Road has become a short cut for Wilton. Traffic enters their neighborhood at speeds of 45-50 mph, which is unsafe conditions for pedestrians and vehicles entering their driveways on Gick Road. A 3-way stop would help the residents of the neighborhood. A petition of 100 signatures was collected in 2007 regarding this issue and was submitted to be attached to the minutes. Lynn Eddy of 7 Gick Road stated the stop signs would be beneficial. The speed on Gick Road is never 30 mph. Multiple accidents have occurred at that location requiring emergency services; one was major where air bags were deployed. It is impossible for them to get in and out of their driveways and only anticipate things getting worse with the construction at Tai Pai’s. Karen Erwin of 7 Sherri Road stated she is here to voice concerns of traffic Gick Road and the safety and welfare of her neighbors and everyone who travels that road. Stop signs will make a difference in stopping and slowing down the traffic. Traffic is only going to increase with the construction behind them. The time is now to make a difference and not wait until a tragedy happens. Chris Olson of 18 Sherri Road stated he too desires to have the stop signs installed. It is treterous for he and his children to get across the road to access Loughberry Lake and the City. The speed of traffic is crazy. Kevin Surman of 5 Sherri Road stated he is also very much in favor of the stop signs. It is actually more dangerous to cross Gick Road that to cross Rt. 50. Speeds can reach 50 mph plus. It is also dangerous for the school bus to exit Jordan Drive North in the mornings; it is a blind intersection. Approximately 2 years ago, a school bus was hit. The stop signs will make a big difference in their lives. Craig Benoit of 14 Gick Road stated he believes the proposed stop sign should be installed. He also believes more signs would be beneficial at that point or prior to that point stating the speed limit decreases from 40 mph to 30 mph. Commissioner Ivins clarified that the stop signs to be installed is at Gick Road and Jordan Drive North only. Commissioner Kim stated that was correct. Commissioner Franck clarified that it is a 3-way stop. Mayor Johnson closed the public hearing at 7:10 p.m. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:10 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. Mayor Scott Johnson opened the public comment period. 2 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Kim stated for the residents of Gick Road and Sherri Drive that were in the audience that white lines on either side of Gick Road will be installed. The installation will not be able to take place until the weather breaks. There being no one wishing to speak, Mayor Scott Johnson closed the public comment period. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approve 1/20/09 City Council minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 1/23/09 - $434,515.17 5. Approve Payroll 1/30/09 - $596,359.53 6. Approve Warrant 2008 Mid MC10DEC8 $77,342.74 7. Approve Warrant 2008 Regular 5DEC08 $200,783.20 8. Approve Warrant 2009 Mid MC2JAN09 $483,102.26 9. Approve Warrant 2009 Regular 1FEB09 $177,979.38 Commissioner Ivins explained the reasons for the larger than normal payroll amount for 1/30/09 is due to it including annual lump sump payouts to police and fire which includes: o hospitalization opt-out of $24,304 o education incentives for 2 year degree, 4 year degree, EMT – police is $34,676, fire is $10,800, and fire EMT $40,800 o clothing allowance for fire is $34,600 and $7,725 for dispatchers, police officers, etc. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Saratoga Hospital Medical/Professional PUD Whether Petition has Merit for Review by City Planning Board and Design Review Commission (09-24) Mayor Scott Johnson moved and Commissioner Ivins seconded the City Council to claim lead agency under SEQRA designating the City Planning Board and Design Review Commissioner as involved agency for purpose of their reviews and designate this application to expand the PUD amendment to the existing hospital PUD has sufficient merit to be sent to the City’s Planning Board and the Design Review Commission. Matthew Jones from the firm Jones Ferradino explained that anytime the hospital acquires new property or is about to acquire new property, it seeks the Council’s permission to add those to the PUD. In this case 35 Myrtle Street, across from the hospital is under contract with the hospital and want to add that to the PUD. Across Church Street is a thrift store which is owned by the hospital; they have a proposed use for that. The last time they made sign modifications, it triggered multiple variances which ended up in front of the Zoning Board of Appeals. Therefore, they have included a sign package to work with the Planning Board and the Council to get the parameters of what is permitted for a hospital, which is a different need than for retail businesses. They also asked the Council to be lead agency for SEQRA review. Mayor Johnson clarified that the application before the Council does not include the Council being lead agency. He was advised to withdraw that portion of it. Matt Jones stated the SEQRA could occur after the reviews are completed. 3 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Mayor Johnson also clarified that they plan to propose to the Planning Board and Design Review Commission (DRC) a sign package of what will be allowed as part of their proposal. Commissioner Kim asked Matt Jones if he will submit the sign package in one lump sum to the DRC and zoning for their review. Matt Jones stated in this process, it is being submitted to write a special law relating to zoning for this PUD. This way they will know what signs are permitted and they won’t have to keep returning for variances. Commissioner Franck asked if the thrift shop will be raised. Matt Jones advised that location will be used as a ‘dorm’ for the doctors to get rest while on their shift. Mayor Johnson stated upon additional review of the January 27, 2009 application, it does ask the Council to establish themselves as the lead agency for SEQRA. That was conveyed differently to him yesterday. He asked Matt Jones if he would like to address lead agency tonight. Matt Jones advised he would like to take care of that tonight if it pleased the Council. Mayor Johnson confirmed they are looking for Council’s referral to the Planning Board and the DRC but they are not asking for the ZBA. Matt Jones stated ZBA would not be an involved agency. Ayes – All Discussion and Vote: Zoning Amendment Request for 69 Lake Avenue Whether Petition has Merit for Review by Planning Board (09-25) Mayor Scott Johnson moved and Commissioner Commissioner Franck seconded to forward the zoning amendment for 69 Lake Avenue to the Planning Board for review. Mayor Johnson advised this application requests a change in the zoning designation from a T4 (urban residential) to a T5 (neighborhood center). This parcel is east of the armory; there is one parcel in between this parcel and the museum which is also owned by the state. The parcel owned by the state has a T4 designation. The Council must determine if this application warrants merit for review and forward it for an advisory opinion from the City Planning Board including public hearings should they further entertain this following the City Planning Board as well as SEQRA analysis. Ayes – All Discussion and Vote: Appointment to the Ethics Board (09-26) Mayor Scott Johnson moved and Commissioner Franck seconded to appoint Paul Male as the City employee to the Ethics Board. Mayor Johnson advised the Ethics Board requires that a City employee to be a member of the board. The city engineer, Paul Male, has agreed to act in that capacity. Ayes - All ACCOUNTS DEPARTMENT Appointment: Board of Assessment Review 4 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Franck stated he is appointing Mariam Scarbourough to the Board of Assessment Review. She has served on the San Francisco Women’s Commercial Real Estate Association and is currently active in the Greater Capital Association of Realtors, New York Association of Realtors and the Commercial Industrial Real Estate Brokers Associates in New York State. He chose Mariam because of her extensive commercial experience. She will be an asset to the board; which is a 5 year appointment. He also thanked Tim Doherty for his 5 years of service. Appointment: Commissioner of Deeds I am appointing the following people as Commissioner of Deeds: Edward Moore, Police Chief; Patrick Arpei, Police Officer; Adam Baker, Police Officer; Jason Cadoret, Police Officer; Arianna Richards, Police Officer; and Steven Reside, Police Officer. Discussion and Vote: Rejection of 2007 Bid for Woodlawn Avenue Parking Lot Commissioner Franck moved and Commissioner Ivins seconded to rescind the 2007 bid for the Woodlawn Avenue Parking Lot. Commissioner Franck explained the bid was sent out in 2007, which has never been acted upon. Commissioner Kim stated there was a motion that was defeated 10/2/07. He put forward a motion to accept the Woodlawn Parking RFP and was seconded by then Mayor, Valarie Keehn. The vote was 3-2 rejecting it. Commissioner Franck stated the main reason for doing this was to be sure there was no problem with the current bid. Upon the information provided by Commissioner Kim, Commissioner Franck pulled this item from his agenda. FINANCE DEPARTMENT Discussion and Vote: 2009 Tax Resolution (09-27) Commissioner Ivins moved and Mayor Johnson seconded to adopt the 2009 tax resolution as follows: RESOLVED, that the City of Saratoga Springs, New York on this 3rd day of February, 2009 at 7:00 PMadopt and confirm the 2009 TAX ROLL carrying a levy on the Inside District of $8,913,109.26 for the City and $5,008,437.46 for the County; Total Inside levy $13,921,546.72. Levy on the Outside District of $7,334982.57 for the City and $4,149,060.59 for the County: total Outside District levy of $11,484,043.16 making a total tax levy of $25,405,589.88 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rates per one thousand dollars of assessed valuation. INSIDE DISTRICT RATES CITY $5.3848 COUNTY $3.012595 OUTSIDE DISTRICT RATES CITY $5.3402 COUNTY $3.012595 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the relevy of the 2008 Utility Tax in the amount of $479,958.04. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2009 Saratoga Lake Special Improvement Tax for the Saratoga Lake Improvement District in the amount of $98,865.38. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2009 Special Assessment Tax for the Saratoga Springs Special Assessment District in the amount of $76,374.66. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm 2009 West Ave. Special District tax for the Saratoga Springs West Ave Special District in the amount of $54,004.58. 5 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 FURTHER RESOLVED, that the City Council of the City of Saratoga springs, New York adopt and confirm the 2009 Gilbert Rd. Water District Tax for the Saratoga Springs Gilbert Rd. Water District in the amount of $19,477.56. Ayes – All Discussion and Vote: 2009 Bond Resolution (09-28) Commissioner Ivins moved and Commissioner Franck seconded the 2009 Bond Resolution below: BOND RESOLUTION DATED FEBRUARY 3, 2009 A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,125,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE VARIOUS CAPITAL PROJECTS IN AND FOR SAID CITY AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE COMMISSIONER OF FINANCE. BE IT RESOLVED, by the City Council of the City of Saratoga Springs, Saratoga County, New York (the "City") (by the favorable vote of not less than two-thirds of all of the members of said City Council) as follows: SECTION 1. The specific purposes (hereinafter referred to as "purposes") to be financed pursuant to this resolution are as follows: (a) the construction and upgrade of existing storm water carriers along Broadway and the construction of a new storm sewer on Ellsworth Jones Place necessary for the proposed expansion of the City Center, at an estimated maximum cost of $100,000; (b) the design and installation of a new emergency power generator for the Excelsior Avenue water treatment plant, at an estimated maximum cost of $750,000; (c) certain upgrades to the Geyser Crest water treatment plant and associated facilities, at an estimated maximum cost of $550,000; (d) the construction of a water main connection on Gilbert Road to provide a second connection to homes east of the Northway, at an estimated maximum cost of $700,000; and (e) the purchase and installation of an emergency automated call back system for the fire department, at an estimated maximum cost of $25,000. SECTION 2. The City Council plans to finance the total cost of said purposes by the issuance of serial bonds of the City in an amount not to exceed $2,125,000, hereby authorized to be issued therefore pursuant to the Local Finance Law. SECTION 3. It is hereby determined as follows: (a) The purposes referred to in items (a), (b), (c) and (d) of Section 1 above, for which $2,100,000 of said serial bonds are authorized to be issued, are objects or purposes described in subdivisions 1 and 4 of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purposes is forty (40) years. (b) The purpose referred to in item (e) of said Section 1, for which $25,000 of said serial bonds are authorized to be issued, is an object or purpose described in subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law, and the period of probable usefulness of said purpose is ten (10) years. SECTION 4. The proceeds of the bonds authorized by this resolution, and any notes issued in anticipation thereof, may be applied to reimburse the City for expenditures made after the effective date of this resolution for the specific purposes set forth herein. This resolution shall constitute a statement of official intent for purposes of Treasury Regulation Section 1.150-2 of the United States Treasury Department. SECTION 5. Each of the bonds authorized by this resolution, and any notes issued in anticipation thereof, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the City are hereby irrevocably pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on said bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. SECTION 6. Subject to the terms and contents of this resolution and the 6 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes, and the power to prescribe the terms, form and contents of said serial bonds and said bond anticipation notes (including, without limitation, dates, denominations, maturities, interest payment dates, consolidation with other issues, manner of execution and redemption rights), and the power to determine to issue said bonds providing for substantially level or declining debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds, are hereby delegated to the Commissioner of Finance, the chief fiscal officer of the City. The Commissioner of Finance is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the City Clerk is hereby authorized to affix the corporate seal of the City to any of said serial bonds or any bond anticipation notes and to attest such seal. SECTION 7. The Commissioner of Finance is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code. SECTION 8. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. SECTION 9. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in The Saratogian and The Daily Gazette, two newspapers each having a general circulation in the City and hereby designated as the official newspapers of the City for such publication. SECTION 10. This resolution shall take effect immediately upon its adoption. Commissioner Ivins advised this resolution includes projects kept in the 2009 budget by the Council which includes: Broadway’s drainage project, Ellsworth Jones Place/Grove Street, water treatment plant emergency generator, Geyser Crest water treatment plant upgrades, Gilbert Road water, and an emergency call back system for the fire department. Commissioner Kim stated he will be voting against this as they have been discussing ways of bonding differently. The only project on this list that he feels is ready to go is the emergency call back system. He is not seeing a difference in the way we are bonding from year to year. Some of the projects on this list for bonding could be funded through the stimulus package. If we can get federal monies for these, we shouldn’t be bonding these. If they can get some federal money for these projects, they shouldn’t be bonding at this point. The answers from Senator Schumer’s office should be coming out soon. Commissioner Ivins stated by passing this resolution, they are not bonding this money right now. This gives them the ability to watch the market to see how it is doing; if it is changing for the worse they can put in this bond. Bond council is recommending we sit on this until the fall. Until the money is needed, this money will not be bonded. 7 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Kim asked if we are not bonding right away, why do it now. He is available to be called in if a vote needs to be taken. Commissioner Ivins stated there is no way to know what the market is going to do. Mayor Johnson stated there are projects in this list that are more time sensitive than others such as the City Center, the new storm sewer on Ellsworth Jones Place. Construction is planned for April/May of this year. Commissioner Kim stated based upon the meeting with Senator Schumer’s office, if you have an infrastructure project that you can show is also an economic development; that is what they are looking for. This is an ideal project for funding. Commissioner Ivins stressed that passing this resolution does not bind them to bond this money; it just allows them to be ready if needed. Commissioner Scirocco stated he was under the impression that when they ‘scrapped’ the capital all these projects were still in the 2009 capital. Therefore, we already have this resolution on board. Commissioner Franck asked if this can be done in multiple bonds. Commissioner Ivins stated these can be done separately, but it is more costly. Commissioner Franck asked what would happen if a couple of these projects were funded by the stimulus package. Commissioner Ivins stated than those projects won’t be bonded. Commissioner Scirocco asked if the debt service would be paid for out of the water and sewer rates or would it be paid for out of increasing taxes. It was his impression that the money for some of these projects was going to come out of water and sewer budget. If this is all bonded in one bond how do you separate it? Mayor Johnson asked if an application is required to be filed by the City for the stimulus money and if so has it been filed. Commissioner Kim stated they were told by Senator Schumer’s aid that the stimulus money is going to the states and the state will then divide it up. There are general categories that will control what is given out. Commissioner Franck asked if doing the bond resolution precludes us from applying for the stimulus money. Commissioner Kim stated no. Commissioner Franck asked then why wouldn’t they go forward with this bond resolution in case there is a delay. Commissioner Kim stated none of the projects except for the emergency call back system is ready to go right now. He doesn’t see the urgency in doing this bond resolution right now and the possibility of the stimulus package is preventing him for voting for this. Commissioner Scirocco stated they entered into a contract with Barton and Loguidice for a comprehensive study of the water system in the City. He asked if upgrades have to be made, can they be added to this. The upgrades are going to be required by the DOH. 8 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Franck stated there is no bonding required for his department, but if this doesn’t pass, and DPW comes back to the table stating they need money for the upgrades, they are not going to be ready without passing this. Commissioner Ivins stated additional items are going to have to go through additional steps, public hearing, etc. Commissioner Franck asked if this resolution can be amended to add or subtract items. Commissioner Ivins stated it would have to be a separate resolution. Mayor Johnson stated the difference here is they are not bonding as prior councils have done for projects that don’t exist or aren’t ready to go. This is a step toward getting ready to bond; this is a crucial distinction to be made. Commissioner Kim wanted to state that they are going to try to get the fire station and the police station in this stimulus package. When they pulled the projects requested from the state, it was amazing how many fire stations and police stations were listed on it. They will continue to lobby for it, however, they have been told that by the people involved in the drafting of the legislation that that is not what it is for and won’t be funded. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim – Nay Discussion and Vote: 2010 Casino Rates (09-29) Commissioner Ivins moved and Mayor Johnson seconded to approve the 2010 Casino rates as distributed to the Council. Commissioner Ivins stated he is bringing this back as promised at the December meeting. The Canfield Casino is a gem and costs go up yearly. There is no reason fees don’t go up as well. He is not looking at huge fee increases, just looking at minor fees to assist with the ongoing operating costs. He distributed the fees to the Council; some of the proposed rates were kept the same; some were raised slightly. Other options in the area were investigated and a sample proves the rates can be raised and we are still thebest ‘game in town’. Rental should not be the only comparison as most places out there don’t compare just rental; they insist that you buy their catering package. The Casino is not an event factory; it books only one event for a day. That facility loses about $100,000 per year, but it also needs some capital work. This increase is to help keep ahead of inflation. Commissioner Scirocco stated he is not going to support this as they raised rates from 2008 to 2009 by 25%. At this point it is ‘nickel and diming’. If he ever was to support this, money would have to be put back into the Casino. He remembers the City Council putting money back into the Casino year after year. There is no money going back into the Casino and there are issues regarding repairs. He believes they should be looking at a revenue stream to put money back into the building so it can remain a treasure. Commissioner Kim is not supporting because he doesn’t believe it is legal. Section 5.2.2 of the City Charter states the ‘Commissioner of DPW shall develop for City owned property, building, or other facility available for any use, a written policy that shall detail the days and hours of availability, the recommended rates and the means of reserving use.’ There is a slight of hand here by the majority; they are trying to re- write the Charter. The Charter is clear that it is the Commissioner of Public Works’ responsibility to bring this forward to the City Council and then the Council will discuss it. The Commissioner of Finance is doing this, not the Commissioner of Public Works; it is clearly illegal. We have charter reform at the table. 9 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Franck stated Commissioner Kim read the word ‘recommends’, it doesn’t say ‘sets’. He agrees with putting money back into restorations. He advised there used to be chair rentals that generated income, but Commissioner Scirocco didn’t buy the new chairs for rental. He asked if there is anything that can be done about putting money aside for restorations. Commissioner Ivins stated they can’t set up a specific account the way they used to per the state comptroller. More money can be put in one line item than another. If you anticipate this is going to generate ‘x’ amount of dollars, you can increase the budget expense item accordingly. Commissioner Franck asked that now that we have the revenue, can part of it be taken to put towards renovations. Commissioner Ivins stated they can amend the budget for both the income and expense lines as long as it balances out. Commissioner Franck asked how much the increase is going to give us. Commissioner Scirocco stated not much; only $3,000 or $4,000. That’s why he feels it is ‘nickel and diming’. Commissioner Franck asked Commissioner Scirocco if he has a 5 or 6 year plan for renovations on the Casino. Commissioner Scirocco state he has Debbie LaBreche working on a total plan right now. There are issues throughout the building. Mayor Johnson stated the largest increase being proposed is for the non-resident rental which would go from $2900 to $3100. How much of that contributes towards the total revenue received in the Casino on an annual basis. Commissioner Scirocco stated the out of city non-profits tripled from 2007 to 2008. We had more city non-profits. Mayor Johnson stated again the biggest increase is in non-residential rentals; $200. How much of the non-residential rentals make up the annual rental of the Casino? Commissioner Scirocco stated he didn’t believe it was a lot. Commissioner Ivins stated his suggested increases are not going to take care of the restoration things. We have to find either capital projects or the possibility of forming the ‘Friends of the Casino’ to raise money through private donors. Mayor Johnson suggested tabling this issue to the next meeting. Commissioner Ivins stated the problem with prolonging this is people are booking for 2010 at the ratesthat are on the books now. Every minute wasted is lost revenue. Commissioner Franck asked how fast Debbie LaBreche can provide an outline. Commissioner Scirocco stated they had some reports from Ryan-Biggs, a structural engineer. He didn’t know how long it would take. Commissioner Ivins stated his intent of this was not to cover the renovation costs but to cover salary increases, health insurance increases; general operating of the building that is going to go up. Commissioner Scirocco felt if these increases turn one person away, all that revenue is lost. Commissioner Ivins stated he didn’t see how $50 was going to turn someone away. 10 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Scirocco they were asked to bring in revenue and raising the rates by 25% for this year was more than adequate. They are not getting the rentals in there like before, they are getting cancellations. It is not a good time to raise the fees. It makes more sense to figure out a way to put money back into the place. We went ahead with a 0% tax increase and maybe we should have done a 1 –2% tax increase; maybe it would have helped us out in the long run. He has had ideas to form a committee; put together the ‘Friends of the Casino’. Everyone is welcome to get on board with it; people will step up to the plate and contribute to it. He is really serious about this issue. Commissioner Ivins stated he didn’t feel there is a person at the table that disagrees with needing the revenue to fix up the Casino; but that is a whole separate issue. Ayes - 3 Nays – 2 (Commissioner Scirocco and Commissioner K im) Discussion and Vote: Energy to Ice Revenue Transfer (09-30) Commissioner Ivins moved and Commissioner Franck seconded the energy to ice budget revenue transfer. Commissioner Ivins explained they did receive the energy to ice money a week or so ago and put it into the 2009 budget. They believe the auditors will be telling us because all the work was done in 2008 and we were told in 2008 that we were going to get the grant, they have to apply the money to the 2008 budget . We have to change the 2009 budget to take that out and increase the money we take from our unappropriated fund balance to reflect the money coming out so we still have a balanced budget in 2009 and the same number of dollars to use. Aye – All Discussion: Complete Streets Commissioner Ivins stated there is a policy proposed by the Saratoga Healthy Transportation Networkthat does not comply completely with Saratoga Springs. He would like to form a committee with a representative from that group as well as a representative from each department to assist in creating a policy that will work for our city. Hopefully at the next meeting or in March he will bring a complete streets policy to the Council for a vote. Each commissioner was asked to contact Deputy Commissioner Jarosh by close of business Thursday to advise who will be the representative from their department. Discussion: City Finances Commissioner Ivins announced he participated in a conference call this morning with National Grid regarding the refund. National Grid states they underpaid the state gross receipts tax by the same amount they overpaid the municipalities. This is for gas and electricity that was supplied through third party providers. NG stated they will be sending out an information packet to everyone detailing the problem and a solution. NYCOM’s Executive Director, Peter Bains stated NYCOM disagrees with National Grid’s interpretation of the law governing the collection and distribution of gross receipts tax. NYCOM believes the delivery of third party energy service is taxable in the way they have been doing it all along. We are waiting for further direction from NYCOM on how to handle this. DEPARTMENT OF PUBLIC WORKS Set Public Hearing Commissioner Scirocco set a public hearing for water and sewer rates for Tuesday February 17, 2009 at 6:50 p.m. He stated that an increase is probable but didn’t know what it would be at this point. 11 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 DEPARTMENT OF PUBLIC SAFETY Discussion and Vote: Authorization for Mayor to Sign Fire Apparatus Maintenance Agreement (09-31) Commissioner Ron Kim moved and Commissioner Franck seconded to authorize the Mayor to sign a contract with Fire Apparatus for a maintenance agreement for 2009 fiscal year. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Timothy Brooks, M.D. (09-32) Commissioner Ron Kim moved and Commissioner Franck seconded to authorize the Mayor to sign a contract with Timothy Brooks, M.D. in the amount of $7,000. Commissioner Kim advised that Timothy Brooks, M.D. provides functions to the department of fire and emergency services. The total cost of the contract is $7,000. Ayes - All Discussion and Vote: Accept Donation from Target for Operation Safe Child (09-33) Commissioner Ron Kim moved and Commissioner Scirocco seconded to accept a donation from Target for Operati on Safe Child in the amount of $ 550. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Special Use and Hold Harmless Agreement (09-34) Commissioner Ron Kim moved and Commissioner Ivins seconded to authorize the Mayor to sign a special use and hold harmless agreement with the Town of Colonie for use of their indoor firing range and training facility. Commissioner Kim advised there is no cost associated with this, but a hold harmless agreement is required. This the only areas indoor firing range. Ayes - All Discussion and Vote: Amend Chapter 225-77 of the City Code, All Way “Stop” @ Gick Road, North and South, and Jordan Drive North (09-35) Commissioner Ron Kim moved and Commissioner Ivins seconded to amend chapter 225-77 of the City Code for an all way ‘Stop’ sign at the intersection of Gick Road and Jordan Drive North. Commissioner Scirocco asked if it is on the other side of the blind curve or closer to Rt. 50. It is beyond the blind curve. Commissioner Franck stated he commends Commissioner Kim for putting this motion forward. The stop signs are needed. Ayes - All Announcement: NYS Division of Criminal Justice Services License Plate Reader Commissioner Kim advised that the New York State Division of Criminal Justice provided per request of our police department a license plate reader. We currently have one in operation. These instruments are 12 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 placed on top of patrol cars to allow police to read license plates at a rapid rate. This tool has proven to be a very effective. Discussion and Vote: Rescind Hamilton Watt Contract Commissioner Kim pulled this item from his agenda. They are trying to do a cost benefit analysis as to what the costs will be to continue to go forward with this appeal or just letting the decision rendered stand. The mayor asked at the last meeting how many police officers have we fired and taken job action. They are gathering that information to understand what their risks are. Discussion: Harris Beach Contract Commissioner Kim stated that on July 15, 2008 there was a motion to approve Harris Beach for legal services for labor collective bargaining negotiations. He went back to the minutes because he recalled that the motion approved to allow the firm to negotiate the 5 City contracts and would come up for renewal at the end of the year, which would be this year. The minutes reflected that the contract was to go thru December, 2008 requiring renewal in 2009. They also verified this information via video tape. He did not vote for this motion. He believes the City council action overrides the contract. The contract can also be terminated at will with 30 days notice. Commissioner Kim doesn’t believe Harris Beach has the authority to continue negotiations on our behalf. Just before tonight’s meeting, he received a copy of the letter from Harris Beach asking for a list of information for them to negotiate the police contract. Public Safety is not going to comply with the request as they don’t believe Harris Beach is authorized to negotiate the contracts and it is clear the information they are requiring is not necessary for the negotiation of the contracts. This is an attempt an attempt to take away management of the department from the Commissioner of Public Safety and vest it with the Mayor. Rather than placing a call to the mayor’s office, which wouldn’t have cost $250 per hour, Harris Beach wrote to his Chief. To date, the Harris Beach contract has amounted to $33,000 and not one contract is resolved yet. When he negotiated the police contract, he did not spend anything on legal fees. He spent $3500 for an economist to price out the cost of the retirement plan that was part of the negotiations. There has not been one meeting with the PBA yet. Commissioner Kim went on to say Mark McCarthy of Harris Beach has contacted him several times. This gentleman is supposed to be an expert in employment labor relation law. The website of Harris Beach does not list Mark McCarthy as part of the employment labor group. His bio states his expertise is in business and commercial litigation. There is no labor contract experience cited in his bio. He questions not only is the firm authorized to continue negotiations, but why are they paying $250 per hour for a gentleman who is not part of the practice area that would cover this nor does it appear to be his specialty. Mayor Johnson stated he received Commissioner Kim’s letter regarding concerns about the contract he executed and was previously authorized by the City Council. He too reviewed the video of the meeting and agrees that he said through December 2008. He also made it clear during the presentation and part of the motion that it was the retention of this law firm to negotiate the 6 city contracts that were up for renewal as of the end of 2008. There is argument on both sides. He believes this council knew they would be retaining the firm through the end of 2009 for the purpose of negotiating labor contracts because the attachment to the motion item was the actual contract that he later signed. An ambiguity may have been found, but he doesn’t believe, and doesn’t believe this Council thought they were retaining this firm only through 2008 when historically they all know each contract goes beyond their expiration date. There is no secret that Commissioner Kim wants to negotiate the police contract; that has been made clear in writing to his office and that Commissioner Kim feels he is qualified to do so. A majority of the City Council voted in favor of retaining this firm for the purpose of contract negotiations. Mayor Johnson declined Commissioner Kim’s request because this firm, in the end, will come back with a much better result for the city. The cost involved to the city is enormous; of the $36 million dollars in operating budget, about $30 million dollars goes to labor costs on an annual basis. He can’t emphasize it enough getting it right when it comes to negotiating union contracts. It is not appropriate to pick apart the contracts Commissioner Kim negotiated; however, for the record this law firm will do a better job. The contracts that were negotiated under Commissioner Kim’s control have a lot of questions that were unresolved and matters that will cost the city quite a bit as we go forward during the term of the contract. Since Commissioner Kim was ‘criticizing’ the qualifications of this law firm to do labor negotiations, Mayor 13 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Johnson stated he knows from conversations with Mr. McCarthy and the managing partners of the firm, that McCarthy does labor negotiations and is part of a team put in place to negotiate our contracts. It is a collection of people. Also, the bills submitted to date of $33,000; only $17,000 has been paid. The balance is under review by his office and the city attorney’s office to determine the validity of the billing the way they do with all the bills that come through on this matter. The bill, to date, is for the review of 6 contracts as well as research involved in determining how it relates to other municipal contracts that are in place and coming to fruition or agreement over the past year so they have a baseline. It is not fair to say there is nothing to show for the money. Commissioner Kim has been asked to be part of the process with Harris Beach and to sit with them and indicate his concerns so they can properly negotiate this contract with police. That offer has been refused citing fiscal concerns over their hourly rate. Harris Beach has offered to waive their fee to sit and talk with Commissioner Kim and he still has refused. This is a matter that has been agreed to by a council majority to go forward. Mayor Johnson doesn’t believe the old way of having a commissioner negotiate a contract with his or her department works. Historically you can go back and see how it doesn’t work; it doesn’t serve the tax payer in the long run. They are not late in any means in negotiations. He reminded Commissioner Kim it took him until the end of October after the police contract expired to reach an agreement; and until the end of November following expiration of the fire contract. He is not blaming Commissioner Kim for that, just pointing out that is how the process works sometimes. He takes exception to the picture being painted that they are either late or not doing what should be done. Commissioner Kim stated he never complained about it being late and it did take him 9 months to negotiate the police contract. The contract negotiations were started with the administration prior to him taking office. He couldn’t negotiate before he was elected. When you get your results, he will compare them to what he did. He stripped out the overtime in the administrative police and fire contracts; received a 30% decrease in starting salaries in the fire contract; we got the police to pay for the unfunded state mandate retirement plan through reduced increases over a period of 3 years with a 1% increase for the first year, 1.5% the second year, and 2% the third year. Other give backs were negotiated to help fund the retirement fund. Also, the mayor hasn’t invited him into the conversation. The mayor wants input but he doesn’t want anyone at the table. Commissioner Kim stated he has experience in negotiating these contracts as he has done it once. The mayor continues to negotiate contracts without the authorization of this City Council because it is clear that the resolution that was approved was only good through 2008. Mayor Johnson stated the firm’s rate of $250 per hour is the going rate and on the lower side of the going rate for labor negotiation specialists. At the last City Council meeting, Commissioner Kim brought a contract to the table to hire a law firm to file an appeal over a benefits decision that was against the city at a rate of $200 per hour. That is the highest rate ever paid to an appellate practice firm by the city for that kind of litigation. Commissioner Kim explained to the public and the Council at that meeting that that is a specialty. If that is a specialty, it was clearly the labor negotiations that put the city at risk of continuing to increase a $30 million dollar bill per year. The dollar per hour is not the issue here – the issue is Commissioner Kim wants to be involved in the negotiations and he is not being involved at the table. His input is being requested. He also keeps pointing out what the charter mandates and requires in regard to the way our government operates; check the charter, the mayor’s department is in charge of collective bargaining per the terms of the charter. However, the charter does dictate that each department is to co- operate with the mayor’s department on matters such as this; and that has not happened from Commissioner Kim’s department. Commissioner Scirocco stated the charter stated the mayor has to report back to the city council in regards to the status of the negotiations. He wanted to know when they can expect a report. Also, he is not aware of anything going on regards to the public works contract. He would like to be briefed, be a part of it, and when the next meeting is. The mayor can send that information in an e-mail. This is a reasonable request. Commissioner Kim stated the charter says mayor is in charge of this but it also says the mayor may delegate the authority as the mayor deems necessary. Val Keehn delegated this. The fire contract was also delegated to him by the mayor. He spent about $4,500 on legal services because they went into mediation on that contract. They ended up with a 30% decrease in starting salaries. He wants to see if Harris Beach, with their high powered attorneys, can meet that standard. 14 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Commissioner Franck stated the numbers on the police contract was skewed a bit. The numbers given weren’t based on the whole program, just the first 3 years. Commissioner Kim stated it was based on 3 1/5 and the economist analysis was if we got the reduced increase across the table, it funded the state mandate. The fire got it under the previous commissioner and the police had not received it. That created a bunch of other issues they had to deal with internally in his department. The accountant provided a self funding mechanism through the concessions. Commissioner Franck stated that Commissioner Kim also had actuarial tables that he didn’t follow that would have saved the city a lot of money. That was under Commissioner Kim’s watch. The argument here wasn’t about if they should or should not hire an attorney, it was about which attorney to hire. They were also looking at Hamilton Watt vs. Harris Beach. Mayor Johnson stated Commissioner Scirocco and his deputy met a couple times in the beginning of the process of the DPW negotiations to get input. He thanked Commissioner Scirocco for his input. Since that time, they have tried several times to schedule an appointment with Commissioner Scirocco’s office to provide updates. Commissioner Scirocco asked the mayor if he was saying he wasn’t available. Mayor Johnson stated he tried to make an appointment twice and was told Commissioner Scirocco was not available. Commissioner Scirocco stated if he can be given dates of when they are going to meet to negotiate, he will be there. Mayor Johnson stated there is a difference of being a part of the negotiations and being at the table. Commissioner Scirocco stated that he didn’t believe legally the mayor can keep him away. If you want to take power away from him, he can turn around and do the same thing. Mayor Johnson stated no one is taking power away; the charter puts collective bargaining in his hands. Commissioner Scirocco confirmed that the mayor is saying he can’t be part of it. Mayor Johnson stated he is part of it; he just can’t be present at the table negotiating. Commissioner Scirocco stated it has happened in the past. It is his understanding that the current contract was signed 2 or 3 years ago by the Commissioner of Public Works. Is he going to sign a contract he hasn’t seen? Mayor Johnson stated things were done differently in the past. This is a new administration and a new direction. The charter places the responsibility in his hands. Commissioner Kim stated based upon the mayor’s response above, the mayor could take back the letter he wrote to Commissioner Kim because the requirements in the letter are not part of the charter. Mayor Johnson stated the letter was given to the Department of Public Safety because it has been difficult to get the rules and regulations that the police department operates under. It is important to get this information because under the contract Commissioner Kim negotiated for the city, he incorporated the rules and regulations into the terms of the agreement. How is anyone to know what the rules or terms are if they are not turned over by the department of public safety? Commissioner Kim stated all that has to be done is put him at the table. Mayor Johnson stated that is not an option and they will continue to press Commissioner Kim for 15 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 the information because he is going in contravention of the charter. SUPERVISORS Joanne Yepsen Grants to You: Financial Report and Next Class Supervisor Yepsen advised the next class is Feb. 27th from 12 – 4 p.m. and Feb 28th from 9 – 4 p.m. at Skidmore College. The Grants to You organization is a volunteer organization created to train volunteers and staff in grant writing and research. Cost is $30; information can be found on their website at www.grantstoyou.org. This organization is funded by taxpayer dollars. This started in May 2007. There has been 8 classes, over 99 graduates, and over $300,000 in grant money realized. This program will continue through 2009, when the money will run out. Sustainable Saratoga Supervisor Yepsen stated they had a successful meeting last week with a complete streets presentation. They announced sub committee chairs and new technology website. Healthy Transportation and Sustainable Saratoga is one organization now. There are over 100 members in the group. Three boards are to meet with Lois Chapman in June. That is scheduled through the mayor’s office. They will continue to meet monthly and will bring in speakers the last week of each month. Health Care Legislation Supervisor Yepsen announced she is bringing 2 items to the county tomorrow that will benefit county residents to save money. She is proposing health care reform be crafted by the county supervisors and be taken to the state. On a local level, they can pass legislation through the County Board of Supervisors to help with pharmaceutical expenditures. Every resident will get a discount card for prescription purchases in any pharmacy in the county. Committee Reports Supervisor Yepsen reported that the Equalization and Assessment Committee meets monthly. As a member of that committee, she is asked to correct tax bills. Commissioner John Franck attended as a guest speaker this month and asked for support of the fair assessment bill for condos. The Legislative and Research Committee met today. They are putting together a 2009 legislative program to present to Albany in April. One of the items is to fight for our portion of the federal stimulus funding being distributed through the governor’s office. They are looking at supporting mandate relief as a necessary component of any state sponsored attempt to control property taxes. They will be looking at municipalities in Saratoga County and asking for special assistance. They will also be looking at empire zone laws, VLT revenue distribution, and protection of farmland funds. Supervisor Yepsen reported on the Guardian House for Homeless Female Veterans at the Veterans Committee today. They are announcing a job fair on October 26th at the City Center and a World War II Veteran’s Ceremony. She was appointed as the Vice-Chair of the Veteran’s Committee. County Planning Conference 2009 Report Supervisor Yepsen announced they had 473 registrants from all over the county. One of the panel discussions was on conservation tools for community planning. 16 of 17 City of Saratoga Springs City Council Meeting Minutes Tuesday February 3, 2009 Matthew Veitch Equalization and Assessment Meeting Supervisor Veitch thanked Maryann Johnson, the Chair of the committee for having them on the agenda yesterday. Commissioner Franck was the guest speaker and put forth his proposal of unfair assessment of condos. The Equalization and Assessment Committee referred the proposal to the Legislative and Research Committee. The Equalization and Assessment Committee met today and unanimously voted to support the senate bill s256. They also referred a separate resolution for the full board at the February 24th meeting. It must first pass the Law and Finance Committee, which meets next Wednesday, before going to the full board for a vote. He thanked Commissioner Franck for attending. 2009 Planning Conference Supervisor Veitch announced the Planning Conference had a legislative track this year for elected officials. They put in several thousand dollars as a board to make it a good conference. The attendance down due to weather; but overall, it was a success. Racing Committee Meeting Supervisor Veitch announced the Racing Committee meets Thursday at 4p.m. at the Board of Supervisors. Green Committee Supervisor Veitch announced a committee was formed last week per suggestion of Senator McDonald. This committee was formed to study environmental impacts and green issues. Matt is chairman of committee along with a member of Senator McDonald’s staff as vice-chair. Their specific focus is to do research throughout the county including: inventory of county vehicles, buildings, etc. to make them more environmentally friendly. The committee will make recommendations at end of year regarding the steps the county should take going forward. Commissioner Scirocco asked Supervisor Veitch where the funding for the Ms4 program stands. Supervisor Veitch advised they put $50,000 in the budget for the program. He will follow up with information. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 9:15 pm. Respectfully submitted, Lisa Ribis Clerk Approved: 2/17/09 Vote: 5 – 0 17 of 17