City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 21, 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 US National Health Care Act (HR 676) Mayor Johnson opened the public comment period at 7:53 p.m. Selma Harwood of 230 Nelson Avenue stated she is a member of the Saratoga County Single Payor Health Care Advocacy Group and is speaking in favor of the US National Health Care Act. The US health care system is in deep trouble. There are 50 million Americans are without health insurance, 8 million of those are children. Even with insurance, many are not able to cover the expense brought on by a single serious illness. Those without prescription plans find themselves with having to choose between filling prescriptions or buying groceries. Fortunately Congressman John Coyners introduced HR 676. HR676 will create a publicly financed yet privately delivered health care system ensuring access to all Americans to high quality cost effective health care regardless of employment, income or health status. It will also eliminate co-pays and deductibles; it would replace private insurance premiums, minimize interference in medical decisions, streamline bureaucratic processes, and mandate reasonable prescription costs. HR 676 is the first step towards universal health care without exclusions or penalties. George Jolly, MD and has a practice at 1 West Avenue. He is here to declare support of HR 676. He has worked in the ER, the office practice of internal medicine and geriatrics; he was the medical director of City Council Meeting 4/21/09 2 nursing homes in town. Things that have changed over the years are: the ER is using a huge amount of expensive technologies, the cost of gong to a doctor’s office has risen, and prescriptions can cost hundreds of dollars monthly. The percentage of people who receive insurance through employment has dropped to 52%. The average cost for health insurance for a family of 4 is $13,000; 48 million are uninsured and 50 million are underinsured and won’t protect them from financial ruin if they are confronted with a major illness or injury. We can do this differently. Nationally 59% of doctors believe in national health care. Multiple studies prove that expanding and improving Medicare would produce savings that will cover all the uninsured, pay for all the necessary services and reduce the cost of medical care for 95% of the population. He asked the Council to pass along the mandate for real health care reform that can make a difference for the people of Saratoga Springs; a national single payor universal health insurance HR676. Al Ormsby of 40 Glennon Road stated there are 2 types of health care system; one that exists in the civilized world except here and the other is our system, which fails to protect the people who are least able to protect themselves. The uninsured stands at 48 million, bankruptcies from medical bills total 55% of all bankruptcies, 75% of filers have health insurance. Unlike private polices, public programs ensure you against becoming destitute when major illness strikes. The for-profit system has turned everything up side down. The more debilitated you become, the less likely it is you will remain insured. The neediest, those with pre-existing conditions are excluded completely. Tom Barkley, PHD of 19 Nelson Avenue stated he sees many people in the community and deals with over 70 different insurance plans. The burden of this system is unbelievable and prohibits providers from helping people. As a provider, he would be happy to have a single payor and a single set of rules to follow. Why is there any question about such care and why should they have to fight to get the care they need? We need change now. Please support a resolution for HR676. Rabbi Linda Moskin of 509 Broadway stated as a clergy person she gets calls from those who can’t buy groceries and pay for his prescription medicine. She receives calls from retirees who contact the area clergy to raise money for a root canal. She listens to a mother who faces the loss of her health insurance because she is caring for her ill child. Every other western democracy provides health coverage for its citizens. The people she described are all city residents; they are not lazy and are well deserving. She urged the City Council to support the resolution for HR 676. Jane Weihe of 44 White Street came to speak in favor of HR676. The current health care system is a huge burden to the City of Saratoga Springs for multiple reasons: it is a major portion of the budget and is costly, it is an administrative burden, and it plays a huge part in bargaining between employer and employee. Please support the resolution. Cliff Amon of 238 Nelson Avenue stated he has been a strong supporter of universal health care for 50 years. This is a technical question rather than an ideological issue. If socialization is bad, should we not consider surrendering, not only social security, Medicare and Medicaid, but also, police and fire protection, public schools, water/sewer treatment, and also public roads? Patricia Reed of 12 Clubhouse Drive stated she is also a nurse practitioner. She is speaking in support of HR676. It is a publicly financed and privately delivered health care system. This will reduce health care costs for all of us. US business is increasingly non competitive because of health care expenses. The health care costs we experience are not sustainable by any of us. Tax payers can no longer bear the burden. The HR676 enables all money to be spent on health care. She requests the City Council to endorse the resolution for single payor and send a copy to Senators Schumer and Gillibrand, Representative Tonko, the 20th District Representative when named and Governor Paterson. Wilma Koss of 160 Kaydeross Park Road stated she is here is to ask the City Council to refrain from taking a position on any federal matter over which is has not authority according to our City Charter. Any resolution against the bill will have no influence on its passage; it is meaningless to pass a resolution in support of it. HR676 promotes a very bad program of health care. This form of health care will take decisions of your care out of the hands of you and your doctor and put them in the hands of quality assurance boards that have budget targets to meet and are made up of health care professionals, union Page 2 of 20 City Council Meeting 4/21/09 representatives and advocacy groups. This is a feel good plan. The long term results can be seen in the disastrous economic outcomes of similar programs in Canada and England that leads to rationing of health care and prescription medications and places an expiration date on the lives of our senior citizens. This is not the health care we should be resolving to support. She asked the Council to refrain from making any positive resolution this evening. John Kaufman of 44 White Street stated the fact is people will be making decisions and those decisions are currently being made by managed care people. The illusion that our medical industry is going to be completely driven by the doctor and the patient in the current context is an illusion. What is the most cost efficient way to deliver health care? Having a million plans, requiring unbelievable administration, is utterly irrational that it is shocking that is still going on. He encouraged the Council to support resolution. CALL TO ORDER Mayor Johnson called the meeting to order at 7:15 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. Peter Tulin of 40 Sarazen Street stated he was impressed by the level of public discourse with regard to the public hearing topic. It is appropriate for the City Council to take positions of national issues. There is something the Council has a direct impact on – the city budgeting process. There are rumors that the City budget is going to be amended. There are rumors that the Council is going to use the economic policy of if you can borrow more than you spend, you can spend more than you can have. He feels the Council is doing an excellent job given the economic circumstances. He suggested that this council get together and think about where this City sees itself 6, 8, 10 years from now. The council must learn to do more with less. Richard Wirth of 17 Sandspring Drive stated in March 2009, Commissioner Kim stated he could not ignore the law regarding coin drops. These coin drops raised a lot of money for youth activities. How does he feel he can ignore the law in regards the use of marijuana at Skidmore College. It is a slap in the face for all the people that he has respect for in the police department; for every effort put forth by the department’s D.A.R.E. officers who have gone above and beyond to educate our youths. The message is clear to the kids to go ahead and smoke dope but to stay away from the coin drops and little league fields. The unofficial national holiday to be devoted to marijuana consumption is appalling. He believed the city police department, Commissioner Kim, and the campus police had prior knowledge of this event. Commissioner Kim stated this is political season. Mr. Wirth stated he is not doing this politically, he loves our City. He applauds the students who choose not to participate. Reverend Eleanor Stanton, Associate Pastor at the Presbyterian New England Congregational Church of 24 Circular St. stated as the member of the clergy, she sees lives wrecked by drug and alcohol use. She works with the youths of our community to help them find other ways to help make them resilient against the siren call and the message that ‘everybody does it”. She is in disbelief at the scofflaws running Skidmore College; the director of campus security and the college administration. She is bringing this to council’s attention because Skidmore is a cornerstone institution of our community. What they wink at and turn a blind eye to speaks for what our community winks at and turns a blind eye to. This has been said to have been going on for 10 years and has been allowed. That sends the message that it is ok, it isn’t harmful, there are no consequences. Skidmore College has a policy against marijuana use and does not enforce it. The attitude towards the law is aided by campus security and our city police department. It was distressing to read quotes by Lt. Veitch saying it is difficult/impossible for a full dressed officer to Page 3 of 20 City Council Meeting 4/21/09 cross a field and arrest someone who is smoking pot. The police’s bicycle force can move quickly across a field. This is about a campus that does nothing to disperse 100 students toking up in a green space. It is hard enough for parents to send a no use message to our kids to say it is not true that everyone does it when a cornerstone institution in our community and our police department allows it to happen. Stop winking at underage drinking and drug use. Stop thinking this is the best our kids can do. Chief Ed Moore emphatically stated the police department did not condone this behavior. Historically this event has been celebrated across the country but historically here in Saratoga this has been a non event. Our police have never been called to campus and our police have never seen the type of activity shown in this morning’s paper. The police department takes drug abuse very seriously; less than a year ago they made a major sweep at Skidmore College for cocaine and heroin dealers. They are members of the partnership for prevention; they are members of a lot of other community organizations to fight this. Commissioner Kim had nothing to do with this. The police department was advised about this by campus safety as they are every year. This has been a non issue in past years. The article lead the readers to believe, the police department knew in advance that there was going to be an open display of violation of law; thumbing their nose at them when that hasn’t been the past history. Last night they had 4 police units and 1 supervisor unit to patrol the streets. Every investigator in the City was tied up on a very serious investigation and could not respond to go to Skidmore and do an undercover operation. Also, the officers range in age from early 30’s and up. They wouldn’t have the success level the young reporter did in getting up close to the individuals. To get an undercover in there, they would have to call NYS Police Community Narcotics Enforcement Team or the DEA. They won’t come to our community to apprehend college students smoking pot; especially when the police department can’t identify to them that this has been a major problem in the past. The police department did not and will not choose to ignore crimes that are taking place. That is his responsibility, not Commissioner Kim’s; although he reports to Commissioner Kim, Commissioner Kim manages the administrator part of the department. They have learned from this and see that this it is a bigger problem than they realized. Commissioner Kim stated there has been a serious allegation that he knew about this in advance. He doesn’t condone drug abuse. The buck does stop with him; he is the elected official. He didn’t wink at it. They weren’t aware of 4/20 before this. Skidmore didn’t call us on this; they didn’t make them aware of this as a police force. I guess it’s the political season. Lauritz Rassmussen of 125 Circular Street stated until last week he was the building inspector for the City of Saratoga Springs. By the time he is done tonight, he didn’t know if he would be labeled as a disgruntled employee or tarred and feathered and run out on a rail. Whatever the outcome is it will be a great personal expense to his family and himself. He already lost his job as the City’s building inspector, but he will not lose his integrity or abandon his ethical duty as a professional engineer and protect the public safety of this community. He is speaking of the health, welfare, safety and financial security of the people and children of the City of Saratoga Springs. He wants people to be aware of the public record that is available to anyone in the building department record regarding the recreation center. It is imperative that this record be preserved. There are a significant number of e-mails that are in care of the City Attorney, Joe Scala and are part of this public record. There are meeting notes and minutes in the possession of Deputy Mayor Shauna Sutton and on the computer in his office. He has no agenda for or against the recreation center. As the building inspector he had responsibility to the people of Saratoga Springs to make sure the buildings erected in this city meet the NYS Uniform Building Code. This is a minimum code meaning a building is substandard if it does not meet the code. The recreation center in its current design and configuration, in his opinion, does not meet NYS Uniform Building Code minimum standards. This opinion has been confirmed at the state level. As for Mayor Johnson direct involvement or knowledge of the events leading up to this point in time he can’t say. Deputy Mayor Shauna Sutton and City Attorney Joe Scala were directly and intimately involved with every step of this process. Deputy Sutton and Joe Scala acted in a hostile and aggressive manner toward his job as building inspector because he was being a road block to the agenda of a recreation center. All other applicants with building permits engaged in such tactics would be charged with threatening a public official. All he is asking for is a safe building for the recreation center that complies with NYS building code. The conditions on the permit are the design of the recreation center be subject to 3 large full scale tests. The architect at the same meeting expressed concern that the design would not pass these tests in a Type 2B construction; meaning the construction needs to be non-combustible. It is imperative that the Council receive Page 4 of 20 City Council Meeting 4/21/09 independent confirmation that these tests are satisfactorily passed in the design condition as a Type 2B building before the recreation center be considered compliant with NYS building code. Mayor Johnson stated he will not address the details of the allegations as it would be improper. He will deny them. It was improper for Mr. Rassmussen to come here and make those allegations in this kind of forum. We will deal with those in time and the public will become aware of what is truth and what is fiction. Kyle York of 59 railroad place stated he is here to speak about the City Center external design. He had slides to show various designs for the City Center. They do not want to change the interior design and how it was made functional and so not want to have the project take any more time than it is going to take. Some of the drawings he drew himself, others he took as examples from other buildings around the United States. Judy Ekman, Executive Director of the Prevention Council stated since 1999, the partnership for prevention has been working to reduce underage drinking and substance use. This effort includes city government, Saratoga Springs Police Department, the faith community, county agencies, DA’s office, youth serving agencies, etc. and more recently Skidmore College. It has had a powerful effect in reducing substance use among the younger youth in Saratoga Springs. Things have been going in the right direction except for pot use; 60% of our high school seniors perceive the Saratoga community as having norms and laws that support alcohol and drug abuse. She hopes that we will use the energy generated and will continue to be generated around this incident to double efforts to work together and make a difference in this community. Derrick Legall of 3 Deer Leap Place invited the council to the Saratoga National Little League opening on Saturday. He thanked the mayor for pushing forward with the recreation center. He was surprised when he read the paper this morning regarding what went on at the Skidmore campus. Commissioner Franck stated Chief Moore sent him a letter last week regarding coin drops. He believes what has been announced to the press has been incorrect. The law is confusing when it relates to coin drops. We are going to work together with public safety on this. He hopes to have an idea by next meeting as to what is legal or what is not in relation to coin drops. He reminded the Council that he couldn’t stop the coin drops if he wanted to because it was a Council decision in 2004. It would take the City Council to vote to overturn that decision. Reverend Eleanor Stanton spoke again to say she serves on the partnership for prevention with Chief Moore. She knows him to be an honorable man and she knows our police department is filled with honorable people. Her use of the term ‘winking’ is it is the perception our community will receive from the article printed. She hopes there will be enough inches on the push back on the false impression as there were inches on making that false impression. Mayor Johnson closed the public hearing as the allotted time had elapsed. Presentation – 2008 City Center Annual Report Mark Baker, President of the City Center Authority stated that he applauded Mr. York’s civic mindedness but he takes exception that we are going into PowerPoint review during our public comment time; especially on this topic since it has been referred to Design Review Commissioner (DRC). The material also has been reviewed in great extent. The City Center Authority is mandated to submit its year end report to the City Council on an annual basis. (Mr. Baker provided copies of the report to the Council). Some of the highlights are: 2008 was a solid year, they hosted 128,000+ guests, majority of which were not during July and August. Those guests generated more than $26 million dollars in potential sales; which resulted in $1.8 million in sales tax revenues. In addition, those hotel guests generated over $400,000 in room occupancy tax which goes directly into the City’s general fund. They hosted 122 events; which is a 6.1% increase over the previous year. Earned revenues in 2008 were .68% over the previous year. Total expenses were down .6% even with a 17% increase in utility costs. They ended the year with a positive balance of $24,000. All the Page 5 of 20 City Council Meeting 4/21/09 monies for the facility expansion and upgrade are designated, secured and protected at this time. Business is solid and they are booking 2 – 3 years in advance. Saratoga continues to be a desirable destination. Questions regarding the report can be directed to him or anyone at the City Center Authority. Commissioner Franck stated his main focus is on page 18 – didn’t we lose close to $400,000 in 2008? Mark Baker stated no. They utilized over $400,000 of their non operating revenue. Commissioner Franck stated he wanted to discuss income minus expenses, not what was used from the savings account. He looking at transfer/non-operating – what are those figures? Are they transfers from various accounts? Mark Baker stated that is what it is. They lessened their draw from the subsidy. The City Center has always had a subsidized operation. This last year they reduced the operational subsidy by 6.4%. The subsidy is now being drawn from the room occupancy tax. Commissioner Franck asked how long have we been having operating losses? Mark Baker stated from day 1. Commissioner Franck stated he did not see a statement of assets or a balance sheet. Mark Baker advised that is provided by the City’s Finance Department. Commissioner Franck confirmed if the City Center Authority had all the money needed for the expansion project. Mark Baker stated this is a spend and reimburse project. The longer funds sit in the State of New York, the more suspect they may be to being eroded. Commissioner Franck asked are under the same danger with this money as we were with the VLT money? Mark Baker stated we need to be prudent in how we use these funds due to New York State’s situation. These funds were designated out of previous budgets. Commissioner Kim congratulated Mark Baker on a good season during a difficult time period. He asked if 2009 bookings are holding up with the economy. Mark Baker stated people are staying true to their bookings. Commissioner Kim asked if there is a plan in the City Center Authority with the hotel tax. Will it stay or go away? Mark Baker stated the room occupancy tax of 2% will continue to come to the authority. Mayor Johnson stated he is at most of the City Center Authority meetings. He commended Mark Baker and the board with their dedication and efforts. They really have the city’s best interest at heart. Presentation – Senior Citizen Committee Report on Senior Care Initiative Mayor Johnson withdrew this item from the agenda. Presentation – Children & Nature Saratoga Page 6 of 20 City Council Meeting 4/21/09 Artie Pierce is the Executive Director of Children and Nature Saratoga. She handed out invitations and information packets to the City Council. She met with the mayor and asked for the City’s stamp of approval. There is a launching event May 1st at the state park. Other partners include the Saratoga Spa State Park, Saratoga Hospital, Skidmore College, Saratoga P.L.A.N.. They have a website which is acting as a clearinghouse of outdoor activities for children. Presentation – Budget Status & Recommendations Commissioner Ivins provided handouts of the slide presentation. He stated we budgeted $1.8 million for VLT based upon the Governor stating last fall that he would be cutting what we would have gotten in half. In reality we lost $3.8 million. He is looking at 3 things: where have we come from in 2008 & 2009 and where the 2009 budget is, concerns for the 2010 budget, and suggestions and thoughts to try to fill some of the gaps. 2008/2009 Budget: un-audited numbers from 2008 showed we brought in $37 million and budgeted $38 million, so we are $1.3 million short. We were budgeting conservatively; $800,000 would be budgeted as income for the coming year. Part of that is 1 time money. Expenses were budgeted at $39 million and had $36 million in expenses. He asked the Council to take a better look at their numbers this year to get a better handle of were we are going to end up so we can do a better job of putting together a budget in the future. We decreased revenues from what we projected by $763,000 for 2009. Expenses budgeted for 2009 were increased from what we spent in 2008 by $69,000. Our fixed costs went up $848,000 even though we don’t have union contracts. The old contract is still in effect so people still get their step increases and health insurance increases. We had to make $779,000 of cuts elsewhere because we were only projecting expenses to increase by $69,000. We finished 2008 with a surplus of $832,000. Part of this is energy to ice money and contingency money we put in that wasn’t spent. The fund balance is $7.7 million, part of which is appropriated somewhere else. We have $3.3 million in our checking account; the auditors state we should have $10 million. Commissioner Ivins went over revenue comparisons from 2008 to current; expenses were compared from 2008 to current; sales tax is down. Expenses year to date are a bit more than last year at this time – about $100,000. Sales tax is down. We are off about 6.7% from what we brought in last year (2008) in January and February. August through December are our big months for sales tax. To be conservative, we may want to consider reducing our sales tax by $500,000 - $1 million. He feels it is too early to do that at this point. Solutions: We can cut costs or find other ways to bring in revenues – 80% of the budget is employee related expense. There is still fat in the budget, but he needs to ask the commissioners to find it. The 2 biggest departments are saying they are running on bare bones and can’t find anything else to cut. Early retirement was mentioned as a solution. There are 19 people in City Hall & DPW who are age 60+ and 68 people who are age 49 – 59. If we could save 10% of those combined salaries, we would save $331,000. The police and fire departments have 3 who are age 60+ and 19 who are age 49 – 59. The savings of those combined salaries (10%) would be $125,000. There are advantages and disadvantages to this. The advantages are the new hires contribute to health insurance unlike the older employees and they start at a lower level starting salary. The disadvantage to this is in order to do this, they would have to forge an agreement with the union; new hires would have to come from the private sector to maximize cost savings, etc. Page 7 of 20 City Council Meeting 4/21/09 Mandatory day off without pay was another suggestion. This could cause overtime in departments like the police or DPW. They also have to negotiate with the union to make this happen. The advantage is there would be some cost savings. The appointed positions had a freeze on step increases – amounting to $14,000. Layoffs are an option. Advantages would include reduction of salary costs and benefit costs. Disadvantages include reduction in services to the tax payers; layoffs offset some of the unemployment savings, possible increase in overtime costs, requirement to meet minimum staffing levels of some departments. 2010 Budget Concerns/Considerations: A lot of money was built into this year’s budget to bring a 0% tax increase. With the economy, he didn’t have a problem with that. We would have to raise $3.2 million in the 2010 budget to compensate for the energy to ice money; unreserved, unappropriated fund balance, and the loss of VLT money. That would equate to a 20% tax increase. The other unknown is employee contracts. Typically, when they are settled, they ask for the money they would have earned with that contract from the past from the date the contract expired. The net result for 2010 to make this budget work and assuming we find no other revenue sources; we either have to raise property taxes 20 –40% or cut the budget by 20 -40%. He is looking for the public to start discussing this and send him e-mails, speak at public comment, etc. Commissioner Ivins stated the premise he used to put this together was the need to build our sales tax revenue. We need to turn over parking spaces and we need to bring people to our downtown. We need to bring people from outside our city in to shop. Commissioner Ivins stated we have 2 bids outstanding that we need to make decisions on. If we have to go with WICKS, we need to re-bid the project. He also wants to see the City retain ownership of the land the High Rock parking garage and police station would go on. He also believes we only need 600 – 700 spaces. We should build it so that we can expand it, but for right now we only need the 600 – 700 spaces. He also believes we should build a parking garage on Woodlawn Avenue and extend it into the street. The parking plan must encourage people to use the paid parking areas and encourage parking turnover. This also acts as a sales tax plan as well as a parking plan. We also need to discuss specifics of paid parking – keep Broadway and the streets free; double fines; parking restrictions would apply during specified days and times, office worker pass, encourage a valet service, etc Commissioner Ivins suggested holding off building of the police station for 2 years until we have 2 years worth of revenue from parking. He believes the police station is important and wants to help feed the funding of it. Whatever bid option is taken, if there is cash upfront, take 25% of that cash and put it into reserve to go into the police facility solution. He would also like to see 25% of the net proceeds of the paid parking for those 2 years go into a fund to sit there, grow and use it as a down payment. Commissioner Ivins stated he needs some questions answered before he can choose who to go with for the police station – how does the PLA/WICKS law effect the bid, does the public buy into paid parking, other city costs that goes into this, etc. Commissioner Franck stated he would kiss Commissioner Ivins in front of Starbucks’ window if we hit our sales tax figure. When we did our budget last year, we were looking at gas prices that were $4.24 at the time and commodity prices were much higher. At the county level per New York State, the county is down 7.9%. Sales tax isn’t going to hit. He reminded everyone that he has to recuse himself on anything relating to High Rock, but he wanted to make a general point relating the High Rock lots – we should as a council get a different attorney and get the PLA done. WICKS is going to apply. Commissioner Kim stated the firm that was suppose to investigate the PLA approval was going to charge $6500. That firm wouldn’t sign our risk and safety requirements. There are potential lawsuits due to the PLA. There is a big lawsuit in Niagara County on this issue right now. Page 8 of 20 City Council Meeting 4/21/09 Commissioner Franck stated indemnification has nothing to do with legal advice. Talking as an accountant, if you are going to build it, might as well build the police station. We are not in a budget crisis because we are going to build a police station in a year or two; we are in a crisis because we spent more than we have. He hopes the foundry comes, but it is not going to help us right now. We have a second chance – we need to do workshops to figure out how we can make some cuts and defer some things. We have bigger problems than just the High Rock lot. Commissioner Kim stated if there was a proposal to offer a retirement incentive, you might see some savings and they would be significant. There are a number of people in the police department that are of retirement age. The fire department contract reduced their starting salary; if we hire people we are gong to realize that savings. The disadvantage to layoffs is COBRA requires the City to pay 65% of the health care for employees laid off up to 9 months. He reminded council there is $1.1 million for design of the police station, only spent $150,000. It will expire July 2010. Parking fines were doubled during his first term. If we doubled them again, we will be more expensive than Albany, but we could look at it again. A lot of different time zones makes things more complicated from a practical stand point. He also stated he was reluctant to come back to the Council will costs for the PLA investigation that was triple the original amount. Commissioner Franck stated can’t vote on bid but would support the PLA. If we are not going to close on the Lillian lot, let’s rescind the bid and re-bid it. What are we waiting for? Even in a down economy, he believes we can get close to the original amount for it. Commissioner Scirocco still owes his budget $120,000. Commissioner Scirocco stated there is a liability at the Lillian’s lot. We need to get a dialogue going or re- bid. Either that or we are going to have to fix the lot. Mayor Johnson stated the contract is in the buyer’s hands in final form. He will follow up with the buyer. Prior council selling the lot depended upon having a solution to the loss of the parking spots. Commissioner Kim stated this discussion raises an issue that the market may have changed for the buyer. Second issue is council said they would award the bid for High Rock by the end of February. We may be talking about stuff that isn’t real now because we have waited to move this along. We also have to have some idea of when we are going to move on this. Commissioner Scirocco stated he would like to see the Lillian’s lot turned into a pocket park to get more people downtown. We need to fix it or get rid of it. 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 matter of the DEC investigation. Ayes – ALL Upon return to the regular City Council meeting, Mayor Johnson reported the following matters were resolved: o The City Council authorized by unanimous vote for the City to enter into a stipulation of settlement that will resolve a legal proceeding brought by a DPW employee. It is an Article 78 proceeding where as the allegations where the employee had been wrongfully terminated. The City has agreed to pay the employee $11,400.66 within 30 days of the execution of the agreement. Also, there is a confidentiality clause as part of the agreement which prohibits the employee and the City from disclosing the terms of the settlement beyond the dollar amount to be paid. Page 9 of 20 City Council Meeting 4/21/09 Mayor Johnson moved and Commissioner Scirocco seconded to authorize the City to enter in the agreement with the DPW employee as described above. Ayes - All o Mayor Johnson moved and Commissioner Ivins seconded to add the retention of a structural engineer to the Executive Session agenda. Ayes - All o Mayor Johnson advised the City Council discussed putting out to contract the services of a professional structural engineer, not to exceed $2,000, for structural analysis for the repair and or demolition of the green grandstand bleachers at the East Side field. Commissioner Ivins seconded this motion. Ayes – All o Tony Izzo advised this Council signed an agreement with the Water’s Edge Homeowner’s Association to settle a claim made. The claim was to settle in the amount of a flat $8,500 and also to reimburse for a water bill in the additional sum of $358.58. The minutes do not reflect the $358.59 amount, only the $8,500 flat fee. The $8,500 has been paid. In order to pay the $358.59, and close the matter out entirely, it would require further action by the Council to authorize payment in the amount of $358.59 as per the already signed agreement. Mayor Johnson moved and Commissioner Ivins seconded to add the above item to the Executive Session agenda. Ayes – All Mayor Johnson moved and Commissioner Ivins seconded to approve payment by the City in the sum of $358.59 as reflected in the already signed and executed agreement. Ayes – All Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 4/7/09 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 4/10/09 $408,306.67 5. Approve Payroll 4/17/09 $436,147.87 6. Approve Warrant 2009 Mid MC2APR09 $159,927.63 7. Approve Warrant 2009 Regular 2APR09 $1,581,652.99 8. Award of Bid: Lube Oil, Grease and Fuel Additives to Various Vendors for Various Prices 9. Award of Bid: Tree Removal Service to Clifton & Spruill Tree Preservation for Various Prices Ayes - All Mayor’s Department Discussion and Vote: Approval for the Mayor to Sign the 2009 State of New York Department of Health Renewal Application for a Permit to Operate Camp Saradac (09- 106) Page 10 of 20 City Council Meeting 4/21/09 Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign the 2009 State of New York Department of Health Renewal Application for a Permit to Operate Camp Saradac. Linda Terricola announced this is an annual renewal to operate the summer day camp; Camp Saradac. This has to be approved by Council tonight or the camp will not open on time. Ayes – All Discussion and Vote: Approval of Camp Safety Plan Updates (09-107) Mayor Johnson moved and Commissioner Ivins seconded to approve Camp Safety Plan Updates. Linda Terricola stated the safety plan was worked on by Kathy Lanfear and Marilyn Rivers. The only change is on page 3; it reflects the reduce size in the appendix and the change in the assistant director position. Ayes - All Discussion and Vote: 2009 Hourly, Coordinator and Independent Contractor Rates (09- 108) Mayor Johnson moved and Commissioner Ivins seconded to approve the 2009 hourly, coordinator and independent contractor rates. Linda Terricola stated the same rates are in effect for 2009 as for 2008. The Recreation Department is preparing and making plans to cut back and reduce. There is no increase as adopted in the 2009 budget for the seasonal programs; they are operating on the 2008 program. Ayes – All Discussion and Vote: Accept Donation – A1 Powerwashing & Painting, Inc. (09- 109) Mayor Johnson moved and Commissioner Franck seconded to accept the donation from A1 Powerwashing & Painting, Inc. in the amount of $3,200.00. Mayor stated this is to remedy the graffiti that is in the skate bowl at the East Side Recreation. Linda Terricola advised that this is for the skate bowl and all the ramps at the skate park. This company is donating their services. She is also receiving a proposal for fence to be put up around the bowl. The Risk & Safety manager recommended that they put a fence around it or cap it. Linda will also be bringing a skate at your own risk proposal to the Council. This would be a win/win situation; it offers a free service for the youth of Saratoga Springs and saves about $18,000 - $20,000 in expenditures in the Recreation Department budget. Scirocco asked how the skate park was policed. Linda advised there were 6 employees in the past to police this area. Ayes – All Discussion and Vote: City Resolution to New York State for VLT Operations at Aqueduct (09-105) Mayor Johnson moved and Commissioner Ivins seconded to a dopt the resolution to New York State for VLT Operations at Aqueduct. Mayor Johnson advised approximately 1 month ago, an effort was launched with 8 neighboring counties to present a joint and unified effort to the state to urge that this issue be fully resolved in a prompt fashion Page 11 of 20 City Council Meeting 4/21/09 after Delaware North failed to post the upfront monies and the prior award of bid fell apart. It has been announced by the governor that they are going to re-bid this process and the bids are due by May 8, 2009. The resolution reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK URGING PROMPT RESOLUTION OF VLT OPERATIONS AT AQUEDUCT RACETRACK Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim BE IT RESOLVED, by the City Council of the City of Saratoga Springs as follows: WHEREAS , The State of New York awarded the franchise to operate thoroughbred horse racing in the state to the New York Racing Association for twenty-five years commencing 2008; and WHEREAS , as part of the Franchise agreement, New York State would operate Video Lottery Terminals (VLTs) at Aqueduct Racetrack, and thereafter accepted a bid from the Delaware-North Companies to develop and operate the VLTs at the track; and WHEREAS , New York State has since determined that proposed changes to the contract by Delaware-North Companies jeopardize the bid selection process and, therefore, the contract as currently structured will not be honored by New York State; and WHEREAS , since the issue of VLT operations at Aqueduct has not been resolved, the State is estimated to lose approximately one million dollars per day, that in part would be used for operating revenue and capital improvements by NYRA and also for educational programs throughout the State; and WHEREAS , this Council recognizes the importance of thoroughbred racing to our City’s economy as well as the racing industry as a whole, and further recognizes a County study in 2006 that calculated that the overall impact of racing in the immediate nine-county area is over $200 million annually with creation of over 3,000 jobs, the loss of which would have a devastating effect on our regional economy; and NOW, THEREFORE, BE IT RESOLVED , that this Council does hereby urge the State of New York to resolve the issue of VLT operations at Aqueduct in an expeditious manner without further delay, in order to continue to preserve the thoroughbred racing industry in New York State; and be it further RESOLVED , that the City Clerk shall forward a copy of this Resolution to the Governor of New York State, our New York State Senators and Assembly leaders and members, and the county governments of Warren, Washington, Rensselaer, Schenectady, Montgomery, Columbia, Greene, and Albany. Ayes – All Discussion and Vote: Marriage Officer Resolution (09-110) Mayor Johnson moved and Commissioner Scirocco seconded to approve the marriage officer resolution as distributed to the Council . Mayor Johnson advised his office had been contact by James McCarthy, PHD, and was asked that the Council appoint him to reside over the marriage of his niece and her fiancé that will take place in our city. We are legally able to do this as a service and courtesy. The appointment is for one day only on July 26, 2009. Ayes – All Discussion and Vote: Dedication of Geyser Park as Veterans Memorial Field (09-111) Mayor Johnson moved and Commissioner Franck seconded to name the Geyser Park as the Saratoga Springs Veteran ’s Memorial Park. Mayor Johnson stated this is an initiative brought forward to him by Gene Corsale. Mr. Corsale is a leader in our community and a strong advocate for the veteran’s in our community. Mr. Corsale stated he is an 81 year resident of the City. He thanked the mayor for putting this on the agenda. Their proposal is to designate the area on Geyser Road in honor of their veterans. They would like to rename it as Veteran’s Memorial Park. This is the best time, with our country at war, to dedicate this area to veterans and illustrate to them the high regard our community holds for their service to our country. The area is located adjacent to an elementary school and would serve as a patriot example as Page 12 of 20 City Council Meeting 4/21/09 students pass by. No other locality in the capital district has a Veteran’s memorial park. This park will honor the vets of all wars. Mayor Johnson clarified this location is adjacent to the Geyser Road School complex that is being fitted for lights for nighttime ball play. The idea is to have the dedication of this field as a Veteran’s Memorial Park coincide with the dedication of the lights and make a celebration of it. Commissioner Ivins stated he is excited that the Korean War Veterans will be the color guards leading the 4th of July parade. Mr. Corsale stated Lee Nichols did a drawing of what the park could look like. He passed around the Lee Nichols drawing of what the park may look like. Mayor Johnson stated he and Mr. Corsale discussed that the dedication of the park is believed to help the fundraising efforts towards raising the money for the flags and plaques. Mr. Corsale stated his dream would be to see St. Peters High School (Catholic Central) play Saratoga High School in baseball as the dedication game. Commissioner Kim stated his father was a Korean War Veteran. His dad always asked him that if he ever met a Korean War Vet, to thank them. It is a forgotten war and you liberated his country – thank you. Ray Waldron stated we have the NYS Korean War Spring Conference here in Saratoga. There are 20 chapters throughout the state that will be here on May 6th, 7th and 8th at Longfellows Restaurant. Ayes – All Discussion: Status of Indoor Recreation Center Mayor Johnson advised that as of April 8, 2009, the NYS Labor Department issued a modified stop bid order that allows the City to enter into a contract with Bast Hatfield, Inc. with the condition that Bast Hatfield separately bid out the subcontractors that would normally be involved in a WICKS law bid. The contract was signed by the mayor and Bast Hatfield pursuant to the resolution passed by the City Council on February 17, 2009 that awarded the bid to Bast Hatfield and authorized the mayor to enter into a contract with them for this purpose. There was a recent appeal filed by the group informally known as the Friends of Southside Park on April 13, 2009 to the Appellate Division of the Supreme Court of New York seeking to reverse the lower court dismissal in total of its suit it brought months ago against the City. They have not filed an injunction, just a notice of appeal which allows them to go forward and file briefs and further arguments with that court. There is no action required by the City; if that should change, he will notify the Council. Commissioner Kim asked what happened to the bond that was going to expire on March 31st. Mayor Johnson explained the bond was never going to expire, that was a misconception. The bond was set to reach its 3 year anniversary, which means the City would be subjected to potential penalties by bond holders or in the event the City is audited by the IRS for bond practices and procedures for not spending it down within the 3 year time frame. The 3 years is not an absolute especially in this case with the lawsuit, and the NYS stop bid order. Commissioner Kim asked why isn’t the modified stop bid order coming before the City Council. Mayor Johnson advised they were able to preserve the contract with Bast Hatfield so they weren’t required to come back to the Council to re-bid or award another contract. Commissioner Kim stated there is a material change in the contract. He read the modified stop bid order and believes it commits the City to comply with WICKS for other projects that we are doing. It is clear from Title III of the Charter that this City Council has to approve any intergovernmental agreements that Page 13 of 20 City Council Meeting 4/21/09 we enter into. It is clear the mayor is empowered to negotiate those things, but it is also clear that it comes before the City Council. He believes it has to come before the Council. Mayor Johnson stated we were able to represent to the Labor Department that the City already awarded a contract for analysis of due diligence for a PLA; the High Rock project which would satisfy WICKS. Commissioner Kim quoted Title III of the Charter as “… the mayor shall represent the Council in negotiations in matters effecting agreements and contracts with neighboring local governmental institutions, jurisdictions, state, and federal. The mayor could delegate such duties to council members. The mayor shall obtain the council’s approval prior to entering into final agreements.” There is a final agreement here which is a modified stop bid order and there is an April 3rd letter from Joe Scala saying “…with respect to the above captioned matter and in response to the letter of April 3rd, please be advised that the City hereby confirms its acceptance of the terms of its settlement”. His position on this is the Department of Labor doesn’t have an agreement with the City; they may have an agreement with the city attorney that is contingent on approval by the City Council, but they don’t have an agreement with the City. Commissioner Scirocco stated he was under the impression that we awarded the bid but didn’t sign a contract with the contractor. He was under the impression that that is as far as it went. The actual contract needs to be voted on. All he remembers is voting against awarding the bid to Bast Hatfield. Mayor Johnson stated the minutes of February 17th, the motion was to award the bid and authorize the mayor to enter into a contract. Commissioner Scirocco stated he thought that violates the purchasing procedures we have – it does. Commissioner Kim stated that the approval was predicated by Bast Hatfield not complying with WICKS and now they are. That is a material change to a contract and should now come before the Council. It is exactly the same as the DEC litigation and this Council’s discussions and final approval by this Council to approve the DEC consent order for the dumping and the oil spill. The modified stop bid order also has to come before the Council. Mayor Johnson stated the DEC is different because there is no obligation from the City to DEC until we entered into an agreement. The Labor Department issued a stop bid order; it wasn’t consensual. There are different issues and facts involved. He would be happy to put it on the agenda. Commissioner Kim asked if it doesn’t require the mayor’s consent, why did the city attorney write a letter saying the City confirms the acceptance of the settlement. Mayor Johnson stated that was a format they wanted to follow to resolve the issue. He again offered to put this on the table. Commissioner Scirocco stated he believes the mayor has to follow procedure. He doesn’t believe the award of bid and signing of a contract in once session follows the purchasing rules. Commissioner Franck and Mayor Johnson both advised it does follow the rules. Commissioner Scirocco stated it is his understanding it is not allowed in the same session. Mayor Johnson stated that the sum of the contract that he was authorized on February 17th to enter into is the same sum as the contract he actually entered into with Bast Hatfield; there was no change in the City’s obligation to Bast Hatfield. Commissioner Kim stated the logical conclusion is the stop bid order was a fantasy. Why would it have existed and what would it have impacted if nothing changed? Commissioner Ivins suggested bringing it to the next council meeting as they can also solidify the requirements of the police station and parking garages. Page 14 of 20 City Council Meeting 4/21/09 Mayor Johnson stated it is very clear that after stop order placed on recreation center that no project done by the city would go through without the labor department issuing another stop bid order if we did not comply with WICKS. Commissioner Kim stated the RFP of the public safety station stated per the request of the mayor that this city doesn’t comply with WICKS. There are a lot of issues that need to be looked at very carefully and he is not sure that has happened. Accounts Department Presentation: US National Health Care Act (HR 676) Commissioner Franck stated we are familiar with HR 676 especially from the numerous comments/information provided during the public hearing. Why now? We are under a budget crisis at the city and state level. At the city level we have several contracts where health insurance is a major cost factor. The number that will be disbursed nationally will be considerably less (percentage wise) than what we currently have – we are going to take the middle man out. This is the first step; this is a resolution. We should be leaders and not followers. Support for HR676 continues to grow daily – Albany County, Cortland County, Livingston County, Rensselaer County, Schuyler, Tompkins, and Ulster, etc. Potential savings to the city would be $5 million dollars. Hours of negotiations relate to health care. The next steps is to pass the resolution. Tom Barkley, PHD of 19 Nelson Avenue stated he disagrees with the comments that this isn’t important. One of the most important things we have as a city, as a group of people, is to send a message to the entire nation. That is what were are part of. We are part of an opportunity to deliver a message to the rest of the country that we believe in this and we support this. It is important to everyone. Everyone here may not realize how vulnerable you are to illness or bankruptcy. This is not trivial; our voice is an important thing – don’t give that up. Resolutions as a city are vital, they are not trivial. Mayor Johnson stated this is a complex issue. He believes it is important to speak out as a community to recognize the problem of health care in our country. He doesn’t wholly support HR676, there are issues with it that haven’t been resolved; fiscal issues, is it a viable solution to the issues in our country. It is important to take a step forward and raise it to the national level. He has reservations about parts of the bill but supports the concept. Patricia Reed of 12 Clubhouse Drive stated the key is it is a step forward. This may not be the perfect answer, but we must move in this direction. Health care reform without cost containment will not achieve anything. We don’t know what the final bill will be. We need to speak up and be heard. Commissioner Scirocco stated it is a great idea and concept. He will support it. This is a step in the right direction. Commissioner Ivins stated he agrees with all the things brought up regarding health care; it is a major problem both in quality and the price we pay. He agrees we have to address the issue. The problem he has is endorsing this particular bill as it is out there now, even though it probably won’t end up this way. Ms. Reed stated in 1991, the Congressional Budget Office did their own calculations and said if we had universal health care single payor at that point, we would have saved $70 billion. Now we are up to being able to save $300 billion just by reducing duplicate administration of health plans and all the denials. Commissioner Kim stated he wants to speak to the comments about this could happen to anyone. One of his clients and city resident just filed bankruptcy due to something like this. This client’s wife died, and shortly after he had to file bankruptcy because the insurance wasn’t covering all the medical care. It all comes down to sickness or illness. This is a much bigger issue than most tell you. None of us are exempt Page 15 of 20 City Council Meeting 4/21/09 from this. He believes we need to do something and this is a step in the right direction. He supports this resolution. Discussion and Vote: US National Health Care Act (HR-676) (09-104) Commissioner Franck moved and Commissioner Scirocco seconded to approve the resolution as read. CITY OF SARATOGA SPRINGS RESOLUTION IN SUPPORT OF THE US NATIONAL HEALTH CARE ACT (HR 676) WHEREAS , every person in Saratoga Springs and in the United States deserves access to affordable, quality health care; AND WHEREAS , the existence of thousands of public and private insurance providers and regulators has resulted in extraordinarily complex health care business procedures that consume almost one third of our nation’s expenditures for health care; AND WHEREAS , the number of Americans without health insurance now exceeds 47 million; and millions with insurance have inadequate coverage that a major illness leads to financial ruin; and one half of all bankruptcies are a result of medical illness and bills; AND WHEREAS , the City of Saratoga Springs annual health care costs for 2006 reached $4.3 million, 10% of our annual budget; 2007 costs reached $4.7 million, 11% of our annual budget and 2008 costs reached $5.1 million, 12% of our annual budget; AND WHEREAS , proposals for “consumer directed health care” would worsen this situation by penalizing sick, discouraging prevention, and burdening many working families with huge medical bills; AND WHEREAS , managed care and other market based reforms have failed to contain health care costs, which now threaten international competitiveness of U.S. manufactures; AND WHEREAS , Harvard researchers estimated that more than $300 billion could be recovered by replacing private insurance companies with a single public payer, enough to cover the uninsured and to improve coverage for all those who now have only partial coverage; AND WHEREAS , U.S. hospitals spend 24.3% of their budgets on billing and administration while hospitals under Canada’s single payer system spend only 12.9%; AND WHEREAS , profit oriented firms divert billions of health care dollars to salaries and profits at the cost of American lives and national solvency; AND WHEREAS , Congressional House Resolution 676, also known as the US National Health Insurance Act and Medicare for All, would cover every person in the United States for all necessary medical care including prescription drugs, hospital, surgical, outpatient services, primary and preventive care, emergency services, dental and vision care; AND WHEREAS , 100 members of Congress including 10 from New York State, and Congressman Michael McNulty have already signed on in support of HR 676, NOW THEREFORE BE IT RESOLVED , that the Saratoga Springs Mayor and City Council endorse HR 676 and call on the Congress of the United States to pass this bill assuring affordable and effective health care for all residents of the United States, and be it further RESOLVED , that certified copies be forwarded to Congressman Paul Tonko and U.S. Senators Gillibrand and Schumer. Ayes – 4 Nays – Commissioner Ivins Set Public Hearing: Condominium Resolution A public hearing has been scheduled for Tuesday, May 5, 2009 @ 6:50 pm. A second public hearing will be set at a date a time other than a Council Meeting night to allow more of the public to comment. We will publish the date and time in the newspaper as soon as we have firmed up the date and space. Announcement: How to Grieve Assessment Class A class to grieve assessments will be held either May 12th or 13th from 6 pm – 8 pm. We will firm up the date by the next Council meeting; post it on the City’s website and print in the newspaper. Finance Department Discussion and Vote: Accept Donations – Saratoga’s All-American Celebration (09-112) Commissioner Ivins moved and Commissioner Scirocco seconded to accept donations from Adirondack Trust for $2200 and Bonacio Construction for $500 for the Saratoga All-American Celebration. Commissioner Ivins thanked the Adirondack Trust and Bonacio Construction for their support. Page 16 of 20 City Council Meeting 4/21/09 Ayes – 4 Abstained – Commissioner F ranck Discussion and Vote: Authorization for Mayor to sign contract – Sirsy (09-113) Commissioner Ivins moved and Mayor Johnson seconded to authorize the mayor to sign a contract with Sirsy f or the Saratoga All-American Celebration . Ayes – All Discussion and Vote: Authorization for Mayor to sign contract – Saratoga Soundtrack (09-114) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the Mayor to sign a contract with Saratoga Soundtrack Chorus for the All-American Celebration. Ayes – All Discussion and Vote: DPW Payroll Transfer (09-115) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the DPW payroll transfer. Commissioner Ivins stated there was concern that DPW was transferring $2,000.00 out of streets and labor line. Last meeting they amended the line for this exact amount for curb work for a resident. That fell through and the money had to be refunded. Ayes - All Discussion and Vote: Accounts Payroll Transfer (09-116) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the accounts payroll transfer. Commissioner Ivins explained this transfer is for unemployment and couldn’t be budget for last November. Ayes - All Discussion and Vote: Contingency Transfer Commissioner Ivins moved and Mayor Johnson seconded the contingency transfer. Commissioner Ivins stated per the finance policy and procedures, the transfer is separated from the rest and requires additional information. The 2009 adopted budget contains $138,112.71 in the contingency line. On March 17, 2009 the Council transferred $32,000.00 to the contingency for the Arts Council addition work and for the energy performance contract. The total balance at that time was $170,112.71.00. They are now transferring that out and the balance will go back to $138,112.71. Also at the March 17th meeting, the Council approved the contract for Barton & Loguidice as part of the DEC order in the amount of $17,700.00 will come from contingency and go to the legal liability line created for the DEC matter. That is the second transfer. The contingency balance is now at $120,412.71. Ayes – All Discussion: North Woods at Skidmore Commissioner Ivins announced that they had a great day and great turnout from the community. Boy Scout Troop 70, Girl Scout Troop 3142, etc. all came out and accomplished a lot. Page 17 of 20 City Council Meeting 4/21/09 Discussion: City Finances Commissioner Ivins stated he likes the idea of workshops. He will propose a series of workshops at the next council meeting. He urged others to bring suggestions forward. Announcement: Healthy Transportation Committee Commissioner Ivins met Friday to discuss what was passed last month. He thanked all who sent a representative. Public Works Department Discussion and Vote: Authorization for Mayor to Sign Agreement with MXI – Household Hazardous Waste (09-117) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign the agreement with MXI for management, transportation, and disposal of household hazardous waste collection on May 30, 2009. Commissioner Scirocco stated the event will be available to City residents only and proof of residency will be required. The event will be from 8 am – 1:30 pm at the Weibel Avenue Skating Rink parking lot. DPW will make appointments on a first come basis. Commissioner Ivins asked if he would be within the budget of $43,000. Commissioner Scirocco stated there was $45,000 budgeted; $2,000 will go for advertising. The DEC will reimburse 50% of the cost. Aye - All Discussion and Vote: Authorization for the Mayor to Sign a Modification to an Agreement with Barton & Loguidice (09-118) Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Barton & Loguidice for design an bid specification services for the improvements of the Geyser Crest water system in the amount of $64,000 . Commissioner Scirocco stated the New York State Department of Health has advised the City that is must upgrade the drinking water disinfection system by December 1, 2009 or it may have to issue continuous boil water order until the improvements are completed. The funding is in the 2009 capital budget. Rich Straut of Barton & Loguidice advised the Council this is a fast track approach to resolving the issues. This contract is to get the design plans done and out to bid. They will come back for construction oversight and will present another contract at that time. This will be a competitive bid. Mayor Johnson asked for the projected cost of project. Rich stated the cost would be $700,000. One topic at the water conference he has been attending for the past few days is ‘green’ – he believes he can get some of this cost paid for through that. Commissioner Scirocco stated they have $500,000 in the capital budget right now. Commissioner Ivins asked for clarification that the $64,000 for this contract is in addition to the $700,000 and where is it coming from. Page 18 of 20 City Council Meeting 4/21/09 Commissioner Scirocco stated there is $550,000 in the capital budget and the $64,000 is coming from the water fund. Rich Straut advised the $64,000 is included in the $700,000 figure. Commissioner Ivins stated they need to find another $150,000 in addition to what is in the capital. He asked Commissioner Scirocco if he had a plan of where the $150,000 difference is going to come from. Commissioner Scirocco Skip the price is approx $700,000, they are talking some stimulus money. Rich stated they discussed bidding bid alternates in case the prices didn’t match up with the capital budget. This way they could take out the ‘nice to do’ but not the ‘must do’. Commissioner Ivins clarified that when the bid comes back, Commissioner Scirocco is going to have to find out where they are going to find more money if they are going to proceed. Bill McTygue stated they may have to amend the capital budget depending upon the results of the costs submitted. Commissioner Scirocco asked if there is any money from NYSERDA. Rich Straut stated there will be some rebates, but they have not been subtracted from the $700,000 cost. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Harris Beach Agreement for an On-going Investigation of the DEC Commissioner Scirocco pulled this item from the agenda. Public Safety Department Commissioner Kim advised he had nothing at this time. Supervisors Joanne Yepsen Report on April Board of Supervisors Meeting Supervisor Yepsen reported the City was denied 2 applications last year for the County Farmland Protection grants. The grant applications for 2009 will be release on Friday, May 1st, and closing the application period on Thursday, July 30th. The funding for this year is same as last $750,000. Meetings with State Representatives on Legislative Issues Supervisor Yepsen reported the board of supervisors met yesterday with the representatives from the state. They reviewed their 2009 legislation program. Sustainable Saratoga Public Program Supervisor Yepsen reported the next public meeting is April 28th at 7 p.m. on the 3rd floor of City Hall with a presentation from Pat Cafone on energy saving tips. Page 19 of 20 City Council Meeting 4/21/09 Matt Veitch Supervisor Veitch thanked the council for voting on the Veteran Memorial Park. Economic Development Committee Supervisor Veitch announced a discussion with Dr. Oliver Robinson, Superintendent of the Shenendehowa School District regarding a consortium initiated by the Saratoga/Warren/Washington/Hamilton BOCES which is a conglomerate of schools and colleges working together for our children to compete in a more advanced world. Camoin Associates gave an overview of the federal stimulus funding for economic development projects in the county. Trails Committee Supervisor Veitch stated they held their meeting at the land next to the Wilton Mall where they will be opening the first countywide trail. The county DPW is anxious to get moving on this project. Racing Resolution Supervisor Veitch thanked the Council for passing Aqueduct Racing resolution. They passed the resolution at the county today by unanimous vote. Social Programs Committee Supervisor Veitch announced there were a bunch of resolutions passed today. Green Committee Supervisor Veitch announced they will meet on April 29th at 7 p.m. at the Stillwater Community Center. They have 4 presenters lined up. 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 11:30 p.m. Respectfully submitted, Lisa Ribis Approved: 5/5/09 Vote: 5 - 0 Page 20 of 20