City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 17, 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 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 2009 Capital Budget – Arts Council Restrooms Mayor Johnson opened the public comment period at 6:51 p.m. Commissioner Ivins advised DPW asked for this amount to be bonded. He doesn’t feel that is necessary as the amount is only $32,000. He is suggesting it come out of the capital reserve account. The capital budget still needs to be amended as on the agenda for later this evening. Commissioner Scirocco explained Johnson Controls has done the work in all City buildings regarding energy savings. This project is going to work for the benefit of the Arts Council and the new restrooms. They will be installing digital controls to help even the heat in the entire building. He also offered Bill McTygue’s assistance to help answer any questions. No one spoke – the Mayor closed the public hearing. Citizen Advisory Committee Recommendations for 2009 Entitlement Action Plan City Council Meeting 3/17/09 Mayor Johnson opened the public comment period at 6:55 p.m. He advised this is regarding the group of grants that have been recommended to be awarded to various groups throughout the region as recommended by this advisory group under the Community Development Block Grant. Ed Spychalski, President of the Affordable Housing Group and Executive Director of the Housing Authority advised they have an application in this year for funding for revitalization. This money is earmarked for the buildings that will not be touched under the small project initiative. He asked the Council to look closely at this and support this application. As a non-profit, there is not a lot of extra money to do the revitalization. He will be available to the Council to answer any questions. Joseph Moore, a representative of the Frederick Allen Lodge stated they are very thankful for what the Community Development Grant has awarded them. It is allowing them to take another step up the ladder. Mayor Johnson kept the public hearing open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Kyle York of 59 Railroad Place suggested the community go to the blog on the Saratogian regarding the explanation of the City Center. There is great discussion there on this project. Where is everyone going to park? There is no way the City Center can fund it and there is no way it can be self funding. We have lost 20% of our parking spaces since 2007. We have fewer spaces and we are going to have a City Center that will be bringing in more people. We are going to need parking and traffic control. Another issue is water. Since 1901, our average rainfall has gone from 31 inches to 39 inches. The great drought of 1964 was caused by above ground nuclear explosions. We filled the high atmosphere with fine particulates that blocked the sun light, evaporation went away and ended up with less rainfall. Also, regarding 66 Franklin, things have changed since he last spoke about this property. Tarps have been taken down, more rain is coming in, and there is a sign on the back stating ‘don’t come in’. Someone needs to look at this building while we are waiting for the ‘big investigation’. Mark Lawton of 209 Nelson Avenue read the following statement: “Since public monies are being and have been spent on the Recreation Facility and since no monies can be spent out of the City’s treasury without an appropriation by the City Council, where is the 2009 appropriation for the recreation facility capital project? Appropriating is the only means that money can be authorized to be expended from the City’s public treasury, no matter where the funds originate. Authorizing a bond issue or an accounting transfer of funds from a prior year does not substitute for an appropriation by the City Council. Appropriations are done through budget processes; there are four specific citations in the City’s Charter that specify the need for appropriations: Section 4.3.2, Section 4.4 Section 4.4.6, and Section 4.4.13. The Charter set up a comprehensive budget system within very real constraints. Section 4.4 of the Charter stated that the City budget shall include revenues and payments to the City for any program purpose. Section 4.4.4b further states, “The budget shall be accompanied by a preliminary Financial Plan to include all income and expenditures of all City funds and activities projected monthly for the fiscal year.” If the Commissioner of Finance neglected to include such a plan with the budget, he was seriously negligent by providing either incomplete or inaccurate information to the Council and the public. If the expenditures projected for the Recreation Facility were not in the ’09 financial plan, which requires all expenditures for the fiscal year to be listed, then clearly there is no legal authorization for those expenditures. A fiscal year limits the authority to spend to that fiscal year in which an appropriation has been made. Any expenditure of public funds without an Page 2 of 14 City Council Meeting 3/17/09 appropriation is void, see Section 4.4.13. There are ways to correct this, see Section 3.1.4 and Section 4.4.7 of the Charter.” Presentation – the Official Celebrate 400 Flag to City Council Supervisor Veitch stated they were given the Celebrate 400 flag at the Board of Supervisors. They presented the flag to the City Council for their official use of any Celebrate 400 Quadracentennial events. Supervisor Yepsen stated the City will be receiving $22,500 from the state. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Ivins 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 corporation, including the DEC Consent order and compliance, the DPW environmental remediation consultant issues, discussions of WICKS Law, and the litigation involving the Spencer family . Ayes – ALL Upon the City Council’s returned from executive session, Mayor Johnson advised the claim brought against the City by the Water’s Edge/Woodlands Homeowner’s Association of a failure to maintain a fire hydrant and the failure of the fire hydrant with repairs being required in the amount of about $17,000. The City has agreed to enter in a settlement with that association to be a full release of that claim and any future claim involving that issue by a payment of the City with $8,500. This is inclusive of a water bill of $358.59. The vote was to pass the resolution for the Mayor to execute this release on behalf of the City. Ayes – 4 Nays – 1 (Commissioner Franck). Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 2/25/09 High Rock Workshop Minutes 2. Approval of 3/3/09 City Council Minutes 3. Approval of 2/25/09 Ambulance Workshop Minutes 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve Capital Budget Transfer 7. Approve Payroll 3/13/09 $404,109.64 8. Approve Payroll 3/6/09 $399,821.83 9. Approve Warrant 2009 Mid MC1MAR09 $459,940.85 10. Approve Warrant 2009 Regular 2MAR09 $621,082.33 11. Award of Bid: Grave Marking Flags to East Coast Flag & Banner, Inc. in the amount of $1,395.36 12. Extension of Walk Off Mats & Dust Mop Service Bid – Various Prices 13. Award of Bid: Port-A-John Rental to Big Top Portable Toilets, Inc. Ayes - All Mayor’s Department Page 3 of 14 City Council Meeting 3/17/09 Discussion and Vote: Acceptance of Donation from Stewart’s Holiday Match (09-61) Mayor Johnson moved and Commissioner Scirocco seconded to accept a donation from Stewart ’s in the amount of $3,500. Linda Terricola advised this is an annual donation from Stewart’s Holiday Match in the amount of $3,500. This donation will be used for a special needs program for Camp Saradac this summer. Ayes – All Discussion and Vote: 2009 City of Saratoga Springs Field User Agreement (09-62) Mayor Johnson moved and Commissioner Scirocco seconded to approve the 2009 City of Saratoga Springs Field User Agreement. Linda Terricola advised there is new language in the agreement. She read the following from the agreement: “The City of Saratoga Springs will have an additional charge to all organizations other than the City of Saratoga Springs sponsored groups that need to utilize a Monday or Tuesday.” This will be $45 per game for 2½ hours, a set up charge for any teams that need a P.A. system, scoreboard or lights. If the fields are not being used on these days, routine maintenance will be done. If any organization is having a tournament and requires DPW overtime, there will be a $45 per game charge is necessary. Adult organizations with participants over the age of 18, when playing under the lights will have a $100 per game charge for a maximum of 2½ hours. The same organizations will be charged $50 per game for a maximum of 2½ hours. Youth groups under the age of 18 will be charged $25 per game for the use of the lights; this includes practices. They are pleased to announce that on May 4th, they will be opening and using the lights on Geyser Road during the Spa Catholic baseball and softball games. Commissioner Scirocco thanked Linda for taking the issue with the youth groups under consideration. Ayes - All Discussion and Vote: Revision to Before and After Care Fees (09-63) Linda Terricola announced that there is a 16% increase in camp fee for this year. Due to this they are requesting the before and after care fees be $7 per day and an additional $2 for each additional child in the same family. If the parents pay on sight for the program, the fee will be $10 and an additional $2 for each child. This is a slight increase from last year; last year the fees were $5 and $7. Commissioner Kim asked Linda what her feel is about the families who use Camp Saradac in regards to economics. Linda stated it is mostly lower income families that use the camp. Commissioner Kim asked how much in revenue will the City realize with the change in fees. Linda advised the revenues are $3,000 at the most for the before and after care. Commissioner Kim advised he would like to see the City not raise the rates if possible due to the families who are utilizing Camp Saradac are those who are working, that’s why they use the camp. If it is such a small amount of revenue, we should keep it the way it is right now with the economic times. Linda confirmed Commissioner Kim is talking about the before and after care costs. Commissioner Kim advised that is correct. Mayor Johnson asked if there are waivers or exemption for certain incomes on these fees. Page 4 of 14 City Council Meeting 3/17/09 Linda advised there are scholarships. Mayor Johnson asked when the fees were last raised. Linda advised 3 – 4 years ago. Commissioner Ivins stated he is leaning towards leaving the fees alone for this year and look at it again next year. Mayor Johnson suggested that he meet with Linda between now and the next meeting to streamline the proposal. Look at more modest increases or establishing criteria to exempt the fees for certain less fortunate people. The Mayor withdrew this item from the agenda. Discussion and Vote: Authorization for Mayor to Sign 2009 Contract with Saratoga Springs School District RE: Recreation Fields (09-64) The Mayor withdrew this item from the agenda. Discussion and Vote: Authorization for Mayor to Sign Supplemental Agreements with Earth Tech for Spring Run Trail (09-65) The Mayor withdrew this item from the agenda. Discussion and Vote: Authorization for Mayor to Sign Easement for City Center Expansion (09-66) Mayor Johnson moved and Commissioner Franck seconded to authorize the Mayor to sign the easement on behalf of the City and will be subject to final review by the City Attorney and Risk and Safety. Mayor Johnson stated a request was made by legal counsel of the City Center to bring this to the Council’s agenda tonight. The drainage issue has been a problem over the years and may be getting worse. This is to be addressed as part of the expansion project. There are certain easements that need to be obtained from the owner of the property, which is The Saratoga Hotel Associates, to accomplish this. Ayes - All Announcement: Grants Awarded Under the American Recovery and Reinvestment Act of 2009 Mayor Johnson announced he received letter from US Dept. of Housing and Urban Development that the City is receiving grant money from the stimulus package. The letter date March 6, 2009 confirms we are receiving as part of our Community Development Block Grant Program an additional amount of $99,239.00 and a grant is being awarded to Public Housing Capital Fund in the amount $577,224.00. Discussion: Status of Indoor Recreation Center Mayor Johnson announced that the court received all documentation from both sides on Friday, March 13th. There was no decision rendered by the court, but the decision could be any time. The court is aware the City is anxious to hear of the decision. He also had discussion with the Department of Labor to resolve the stop bid order placed upon the City. There is no resolution yet, however, efforts are ongoing. Page 5 of 14 City Council Meeting 3/17/09 Discussion: Delaware North’s Withdrawal of VLT Bid Mayor Johnson advised there was a lot of discussion and press when Delaware North withdrew their bid of the VLTs. This is not good news for the racing industry or Saratoga as the premier venue of New York Racing. New York State needs to be forcefully encouraged to act quickly if they are going to re-bid. If they are not going to re-bid, they need to develop another course of action. A press conference was held today in City Hall regarding this issue. Representation at the press conference included the City Center Authority, County representatives Art Johnson, Supervisor Veitch who chairs the Racing Committee at the County level, Chamber of Commerce, the Downtown Business Association, the Special Assessment District, the Bureau of Convention and Tourism, Saratoga County IDA, and the Concerned Citizens for Saratoga Racing. This issue has been going on for over 8 years since it was first discussed and proposed. The bid process has been over 1 year before awarding a bid and then failed to produce a contract since last October; now in March, the awarded bidder is pulling out. They plan to reach out to 8 surrounding counties that will be impacted by this. Commissioner Scirocco asked if the City Council would be open to sending a resolution to the Governor’s office. Mayor Johnson stated a resolution is in the planning stages. Accounts Department Announcement: Land Use Board Webcast Commissioner Franck announced that all land use boards will be on the web cast for workshops and meetings. They hope the Planning Board’s March 23rd workshop will be the first on line with their March 25th meeting to follow on line. He thanked the Council and Commissioner Ivins, whose department this falls under. These meetings are open to the public and should be available to be watched on their computers at home. The timing of this falls in Sunshine week. Discussion and Vote: Refer Saratoga Hospital PUD Amendment to County Planning Board (09-67) Commissioner Franck moved and Commissioner Ivins seconded to refer the Saratoga Hospital PUD Amendment to the Saratoga County Planning Board for review and opinion . The Planning Board reviewed the proposed change at its February 11th and February 25th meetings and determined as required by Article XV, Section 240-15.3 of the City’s Zoning Ordinance: o that the revision is not contrary to the general purposes and intent of this chapter and, o the revision is accordant with the Comprehensive Plan Prior to City Council action: o a public hearing must be set (on tonight’s agenda) o Saratoga County Planning Board must review proposal o City Council must complete SEQRA Short Form Part II. Ayes – All Announcement: SARA Workshop Commissioner Franck announced that the New York State Archives and Records Administration is teaching a workshop on Managing Maps and Plans here in the City Council chambers on Tuesday, April 7th from 9 am to 1 pm. This is the first time since the City’s Records Management Program was initiated in 1988 that we have agreed to host a SARA seminar. The workshop is free, and pre-registration is required. Page 6 of 14 City Council Meeting 3/17/09 Registration forms have been distributed through Novus to all Commissioners and Deputies. If there are any questions please contact Nancy Wagner in my office. Set Public Hearing: Saratoga Hospital PUD Amendment Commissioner Franck set a public hearing for the Saratoga Hospital PUD amendment for April 7th at 6:55 p.m. Finance Department Discussion and Vote: Authorization for Mayor to Sign Contract – Alonzo Fireworks (09-68) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with Alonzo Fireworks for the July 4 th celebration . Commissioner Ivins advised the contract has been approved by the City Attorney and Risk & Safety. Ayes – All Discussion and Vote: Accept Donation for Saratoga’s All-American Celebration (09-69) Commissioner Ivins moved and Commissioner Franck seconded to accept a donation from Gaffney ’s in the amount of $100 for the Saratoga All-American Celebration. Ayes – All Discussion and Vote: DPW Payroll Transfer (09-70) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the DPW payroll transfer. Commissioner Ivins stated at the March 3rd meeting the Council approved the creation of the Public Works Coordinator position. This transfer defunds the data collector position and funds the public works coordinator position in addition to transferring monies into the general fund as this position will be paid from the general water and sewer funds. Ayes – 4 Nays – 1 (Commissioner Franck ) Discussion and Vote: Capital Reserve Resolution (09-71) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the capital reserve resolution as read : WHEREAS, the City Council of the City of Saratoga Springs established the Construction, Reconstruction, Acquisition of Buildings Reserve Fund on November 7, 2006 “to accommodate moneys to finance the cost of a type of capital improvement …the construction, reconstruction and acquisition of buildings and additions to or conversion thereof as described in subdivisions 11 and 12 of Section 11.00 of the Local Finance Law”, and WHEREAS the City is planning to install a new Energy Management System at the Arts Council Building and has established a detailed schedule of work to be done and costs associated with said work of $52,636; and WHEREAS, the current balance in the capital fund account of the Arts Council project is $20,636; and WHEREAS, it is therefore necessary and proper to draw the remaining $32,000 of the project costs from the Construction, Reconstruction or Acquisition of Buildings Reserve Fund to alleviate the tax payer burden in current economic times. NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure up to an Page 7 of 14 City Council Meeting 3/17/09 amount of $32,000, is hereby approved and authorized to be paid from the Construction, Reconstruction, or Acquisition of Buildings Reserve Fund. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim - Aye Discussion and Vote: Amend 2009 Capital Budget – Arts Council Energy Management (09-72) Commissioner Ivins moved and Commissioner Scirocco seconded to amend 2009 capital budget to include a new energy management system Arts Council energy management as requested by the Department of Public Works. Commissioner Ivins stated the amount of the amendment is $32,000 and the funding will come out of the capital reserve account. There will be no additional costs to the taxpayers. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim - Aye Discussion: City Finances Commissioner Ivins announced the state auditors arrived today. He thanked the Mayor and Lew Benton for the work they did to get us a grant; we received a good amount of money for the 4th celebration. He also thanked Deputy Jarosh for all her work on this. Public Works Department Discussion and Vote: Amend the 2009 Capital Budget – Arts Council Restroom Project (09-73) Commissioner Scirocco moved and Commissioner Ivins seconded to amend the 2009 Capital Budget in the amount of $32,000 for the proposed installation of Arts Council Building energy management control system. The current fund balance in the Arts Council Building capital accounts will be use to supplement the full $52,636 cost of this project. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim - Aye Discussion and Vote: Amend the 2009 Departmental Fees – Street Opening Permits (09-74) Commissioner Scirocco moved and Commissioner Ivins seconded to amend the 2009 departmental fees for street opening permits agreed by National Grid to increase the street opening permit fee from $75 to $100 if there is a cut to the pavement and the sidewalk. Page 8 of 14 City Council Meeting 3/17/09 Commissioner Scirocco stated National Grid does their own patch, therefore we don’t charge the full street open rate. Ayes – All Discussion and Vote: Amend the Energy Performance Contract with Johnson Control (09-75) Commissioner Scirocco moved and Commissioner Ivins seconded to amend the energy performance contract with Johnson Controls in the amount of $52,636 to include the installation of an energy management control system at the City ’s Arts Council Building. Ayes - All Bill McTygue, Director of Public Works passed out information on energy performance contracting. Information passed out was an article from the Public Works magazine (attached). The article talks about opportunities to governments. Municipalities across the country are just beginning to understand energy performance contracting and we have already done it; and have done it successfully. Set Public Hearing: Street Acceptance – David Lane Commissioner Scirocco set a public hearing for April 7th at 6:50 p.m. Discussion and Vote: Approval – Resolution to File Application for State Assistance – Household Hazardous Waste (09-60) Commissioner Scirocco moved and Commissioner Franck to adopt a resolution authorizing the filing of an application for state assistance from the household hazardous waste day to be held May or June of 2009. Commissioner Scirocco stated the municipality agrees to fund the entire cost and the state will reimburse. Ayes – All NEW AGENDA ITEM: Discussion and Vote: Authorizing the Mayor to Sign a Contract with Barton and Loguidice for DEC Consent Order Services (09-76) Commissioner Scirocco moved and Commissioner Ivins seconded to add an item to Commissioner Scirocco ’s agenda. Ayes – All Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the Mayor to sign a professional service contract with Barton and Loguidice for the DEC consent order services. Commissioner Scirocco stated this contract is in regards to the consent order from the DEC in regards to the spill at the garage and the issues at the compost site. Some of the agreements in the consent order are to get a consultant on board, do an audit, and EBP (Environmental Benefits Package). This is at a cost of $17,700. Commissioner Ivins asked if he knew where they were going to pull this money from as this was not budgeted for. Page 9 of 14 City Council Meeting 3/17/09 Commissioner Scirocco stated he didn’t know. He knew they sent the check out for the $85,000 in regards to the fine; $50,000 was the fine and $35,000 was the administrative costs. There is the $185,000 for the EBP which they will have to find somewhere. There was no way they could budget for any of it but he is not sure where the money is going to come from. Commissioner Ivins stated we have money in the contingency or take it from undedicated funds. Being it is only $17,000, the contingency is the best place to take it from, but that is up to the Council. Commissioner Scirocco stated if something is found during the audit it is found that something needs to be corrected, there will be a cost associated with too. He will have to bring that cost back to the Council at that time. Commissioner Kim asked if some of the recommendations could be capitalized as some of it will be construction. Commissioner Scirocco stated he is not sure. Commissioner Ivins suggested that they do need to include where the money is coming from. He recommended they include the money come from the contingency fund. Mayor Johnson suggested this motion be amended to include it is subject to City attorney and Risk Manager review. Amended Motion: Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the Mayor to sign a professional service contract with Barton and Loguidice for the DEC consent order services in the amount of $17,700 to be paid out of the contingency fund and this contract be subject to City Attorney and Risk Manager approval. Ayes – All Public Safety Department Discussion and Vote: Accept Donation from New Country Toyota (09-77) Commissioner Kim moved and Commissioner Ivins seconded to accept a donation of a 2008 Toyota Camry from New Country Toyota for a period of 12 months beginning March 18, 2009 ; this vehicle will be used as a D.A.R.E. vehicle and the value of the donation is $19,300. Commissioner Kim thanked New Country for the generous donation. This is the second year they have done this. The vehicle has the D.A.R.E. logo and visible to the kids. Ayes – All Discussion and Vote: Accept Donation – Horse Boarding from Dennis and Jo Ann Walpole (09-78) Commissioner Kim moved and Commissioner Scirocco seconded to accept a donation from Dennis and Jo Ann Walpole in the amount of $8,400 for the use of stalls, paddocks, and tack room for our two police horses, Jupiter and King Tut from January 1, 2008 – December 31, 2008. Ayes - All Discussion: Police Overtime and Staff Hours Required by Employee Theft Case Commissioner Kim advised the police had been involved in an investigation in an employee theft case. Sgt. Catone put in over 80 hours into the investigation, Lt. Veitch put in approx 10 hours. The total cost of Page 10 of 14 City Council Meeting 3/17/09 the overtime hours to the City for that particular investigation was $6,776.00. He thanked Sgt. Catone who spent a lot of time on this. Commissioner Ivins stated Christine Gillmett-Brown spent 120 regular hours on this as well as Yvette Shaver spent 90 hours – 12 hours was overtime, plus another 40 hours Christine spent working on the internal controls. Commissioner Franck asked if the money coming in can be applied to any of the time spent on this investigation. Commissioner Kim advised one of the discussions that should take place with the DA is recouping these types of costs, excluding the police should a similar situation arise again. Discussion and Vote: Authorization for Mayor to Sign Agreement with McNamee, Lochner, Titus and Williams, P.C. for a Study Regarding the Feasibility of a P.L.A. (Project Labor Agreement) (09-79) Commissioner Kim moved and Commissioner Ivins seconded to authorize the Mayor to sign an agreement with McNamee, Lochner, Titus and Williams in the amount of $6,500 for a study regarding the feasibility of a project labor agreement in connection with the possible construction of a police station/courtroom facility and parking garage in the High Rock plaza . Commissioner Kim stated this is specialized work. The feasibility study goes into the economics of a project labor agreement and the first step in determining if it is an economically feasible endeavor. It is a flat fee service of $6500; the source of the money will come from the originally bonded money for the design of this building. The deliverables of the contract is a feasibility study of a PLA agreement. This firm has done this in the past. Commissioner Ivins stated he met with union representatives last week to get up to speed. If Commissioner Kim had not done this, he would have recommended doing this – he is glad to see this on the agenda tonight. Commissioner Kim stated this would be contingent upon approval by the City Attorney and the Risk and Safety manager. Mayor Johnson asked if they can do a PLA since it wasn’t part of the original bid specs issued and responded to by contractors. Are they violating a bid process and being outside permissible errors by now going back and changing what the contractor would have to do by entering into a PLA. He also thought they were focusing first on paid parking to support the project. He is reluctant to spend any funds to establish a PLA feasibility without resolving paid parking. He is open to PLA if it fits in this procedure – it is more of a timing issue. Commissioner Scirocco asked how long a study like this would take. Commissioner Kim advised the study should take 1 – 2 months. A potential cost savings could be had thru union involvement. They have been told that doing this investigation could happen before or after a contractor is selected. As far as parking, he feels a blue ribbon panel is a good idea, but they should select a bidder before that. The City ‘awarded’ the Lillian’s lot bid almost 2 yrs ago and they still have not completed the contract. We have a responsibility to move this forward. Commissioner Ivins would like to see what our actual costs are. Commissioner Franck stated he will be supporting this but has a question on this regarding WICKS. Do they look at this parallel with the investigation of WICKS. Commissioner Kim stated he understands that this is what this does. If the study shows the PLA costs more, you have argument not to comply. There is protection if you are going to spend more money. It’s worth taking a look to see if it is going to cost more or less using a PLA. Page 11 of 14 City Council Meeting 3/17/09 Mayor Johnson asked if any opinion has been received from bond counsel regarding use of bonded proceeds for different project on this study. Commissioner Ivins stated he believes the bond is generic enough that it will cover it. It is for general design purposes. Ayes – 4 Nays – 1 (Mayor Johnson) Supervisors Joanne Yepsen Board of Supervisors Meeting and County Legislative and Research Supervisor Yepsen reported they had their monthly county board meeting today. A number of resolutions were passed; some were declaring and proclaiming issues such as: April as Autism Month, April 26th – May 2nd as National Crime Victims Rights Week, designated the Daily Gazette as the official county newspaper, authorized a contract with SPAC for another US Army Band performance in September, and authorized an agreement with Pro Act, Inc. for participation in its discount prescription card program. The discount prescription card program was passed unanimously and will provide residents of the county discounts on all prescription drugs with not cost to the county or the residents. Cards will be mailed out to all residents in the near future and bill be taken at any pharmacy. Legislative and Research program consisted of 11 items that will be taken to the state legislators: Requesting a portion of the federal stimulus funding, supporting mandate relief in controlling property taxes, supporting Saratoga County municipalities in request for special state assistance, supporting senate bills on condo equality, opposing disproportionate reduction in consolidated highway improvement funds (CHIPS) currently being proposed in the governor’s budget, urging state legislators to support the State Farm Land Program and the Environmental Protection Fund, providing additional funding and awarding the construction of the Bachelorville Bridge in the Town of Edinburg, rejecting provisions of the governor’s 2009 budget that would eliminate the sharing of VLT revenues with Saratoga Springs and Saratoga County, oppose certain proposed empire zone program reforms that would result in the elimination and downsizing of businesses in Saratoga County, support various health care reform initiatives, urging the restoration of the $453,000 in funding for NYS county fairs which are at risk of closing down. Economic Stimulus Funds Supervisor Yepsen reported New York State is expected to receive $24.6 billion in aid from the American Recovery and Reinvestment Act of 2009; $4 billion will be allocated towards the Office of Technology. Public Safety representatives went with her to meet with the Melody Mayberry Stewart, Commissioner of the Office of Technology, and got information on how to request some of these funds. Out of the $4 billion, only $223 million has been requested. Global Foundries Supervisor Yepsen reported the SCDC and the CEG sponsored events a couple weeks ago for AMD, now known as Global Foundries. Representatives of Global Foundries discussed the timing of the project, jobs, etc. County Legislative and Research - comments combined with report of the Board of Supervisors meeting. Page 12 of 14 City Council Meeting 3/17/09 Sunshine Week: March 16 - 22 Supervisor Yepsen reported this week is sunshine week; an effort throughout the country dedicated to promote open government and freedom of information. She will be attending a public hearing in Albany tomorrow regarding a package of legislation designed to make government entities more accessible to the public. Matt Veitch Racing Committee Supervisor Veitch announced this month’s meeting was held on the 5th. They approved a letter co- sponsored by the Legislative and Research Committee to send to state leaders to keep the VLT revenues the same level as in 2008. They also had a presentation by Sam Pitcheralle, County Treasurer and Commissioner Ivins detailing NYRA property tax payments. We billed them for $597,000 this year. Supervisor Veitch spoke with Ed Lewi to push a county day at the race track. Ed was receptive to this idea. The agreement with Delaware North regarding VLTs is definitely a problem for the City going forward. He is willing to do what he can as Chairman of the Racing Committee to push this forward as soon as possible. Trails Committee Supervisor Veitch state Wilton mall has agreed to allow people to use their lot if they are using the trails. MS4 Stormwater Management Program Supervisor Veitch announced $50,000 is in their budget to run a MS4 program. The county is going to cover all costs – no cost to city as originally thought. Green Committee Supervisor Veitch announced the Green Committee is meeting at Skidmore College on March 19th at 7 p.m. He thanked the Skidmore Government Department for sponsoring this. Autism Council Program – March 25-26 Supervisor Veitch announced the Autism Council will be sponsoring a program for first responders. Attendees will receive credit. He suggested having a City police officer and fireman in attendance. 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 9:23 p.m. Respectfully submitted, Page 13 of 14 City Council Meeting 3/17/09 Lisa Ribis Approved: 4-7-09 Vote: 5 - 0 Page 14 of 14