City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 5, 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: Patrick Design, Deputy Commissioner, DPW Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney 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 Condominium Resolution Mayor Johnson opened the public comment period at 6:55 p.m. Commissioner Franck stated a presentation was done in January of this year regarding the condominium resolution. This resolution supports allowing assessors to assess condominiums as single family homes. He was asked to delay the vote on the resolution to allow for more public comment. He plans to bring this resolution to vote at the next City Council meeting, May 19th. Kyle York of 59 Railroad Place stated he is a condo owner. He initially reacted to this resolution until he spoke with Commissioner Franck to better understand the resolution. He can and believes he should pay more. We have a lot of condos in this city and would like to see them sold. He believes the law will not make it past the state because of downstate. He hopes the time comes when they can address the situation Chuck Phillips of 592 Ackland Boulevard in Ballston Spa stated he expects the board of education to be taking this issue up at their next meeting on May 12th. Property taxes directly affect the quality of education in this district. State aid continues to drop; as state aid drops, the shifting of the burden of taxes goes to property taxes. They are interested in the fair and equitable distribution of the property tax value. City Council Meeting 5/5/09 He applauds Commissioner Franck and others for taking a hard look at this and he encouraged the Council to support the resolution. Commissioner Franck stated Senator Little has 2 bills – S255 and S256. The County passed a resolution on both. He is only putting through the resolution on S255 at the next meeting. This resolution gives the city, village or town the choice of whether they want to use 339Y or not. Both bills exclude Nassau County and New York City. 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. Mary Beth Delarm of 96 Quevic Drive stated she is here regarding Beaver Pond Village. She passed out a copy of what she read to the Council. She stated their concerns continue to be ignored by the Planning Board. They feel the newly appointed planning board member Daniel Gaba should recuse himself from any decisions regarding this project because he is a realtor and a homeowner on Quevic Drive. Mr. Gaba is also not informed enough with the numerous volumes of documents that have existed over the past 4+ years. People who oppose the Beaver Pond subdivision have been prevented from accessing public documents by the people in the Planning Department. Therefore the stormwater engineer was forced to review reports from old materials. He feels the project’s numerous impervious surfaces will greatly impact the area. The engineer also stated the stormwater report submitted by the applicant did not meet all technical requirements according to the NYS Stormwater Pollution Prevention Plan Manual. Due to time, Ms. Delarm wasn’t able to read the rest of her statement but requested that the Council do so. Leslie Miller of 18 Sweetbriar Drive, Wilton stated she is chairperson for the committee of the 2nd Annual All American Celebration. The theme this year is Valor, Victory and Voyages. They are doing all of the same things as last year plus some new interactive events; check out www.saratogajuly4th.com. They are gratified by the community’s support this year. Commissioner Ivins thanked all their volunteers for what they do. Rick Catuccio of Vellano Brothers in Latham, New York stated he is here regarding the award of bid for the water, sewer, hydrants, etc. He advised the Council that during the 2007-2008 bid season, they awarded the bid to Ferguson Waterworks. That bid was later rescinded due to them not being able to fulfill the bid. In 2008, the bid was awarded again to Ferguson Waterworks. During that time, Ferguson, no less than several dozen times failed to meet the requirements of the bid. The City water and sewer department went to Vellano or Vellano delivered to the City the supplies needed. These are basic run of the mill things; pvc pipe, marking paint, paving adapters, repair materials for water mains, fire hydrant extensions, etc. These are things that could affect the well being of your residents and visitors. They respectfully request that Ferguson is not allowed to be awarded the bid due to the number of times they failed to meet the requirements. Daniel Ruzo of Whiteman Osterman & Hanna stated he represents Saratoga East Avenue Associates; the developers of the proposed Beaver Pond Development. He is here to respond to Mary Beth Delarm’s exaggerations, misstatements, and half-truths. She is taking advantage of the planning board and planning staff’s good intentions in allowing public input. She has had ample opportunity to comment and provide advice. This is another effort on her part to politicize the planning process. They have gone through the planning process for 5 years and look to the conclusion in the near term. He asked the Council not to engage in what she is seeking – the political action on the part of the Council in regards to Page 2 of 21 City Council Meeting 5/5/09 the planning process. Her efforts that she either deliberately distorts or doesn’t understand have been considered by 2 engineering firms….. Commissioner Kim asked the mayor to confirm the rules are to no to talk about individual people. This is an attack on an individual. If you have a point to make, that is one thing; but you are just attacking one person. Mayor Johnson stated we do have rules and asked the speaker to tone it down. He did note that Ms. Delarm did make personal comments about the planning board earlier this evening. Mr. Ruzo stated he understands the concern. The effort on the part of this group to poison the planning process can’t be considered because of trying to change the focus of attention away from the facts. He urged the Council to allow the planning board to do its work and to get on with decision on this project. Kyle York of 59 Railroad Place stated he loves this country, county and neighbors. The AMD that this Council discussed last week and the budget and counting on it for some kind of income does not square with the AMD facing a legal challenge from Intel. Our debt may get worse. Both AMD and Intel have patents for different approaches. Both have agreed to share their patents to prevent a third party from getting in on a patent. Their legal agreement is called cross licensing deals and it is legal. Any portion of the agreement can be made public only if both parties agree. AMD has spun-off all of their foundries. Mayor Johnson asked Mr. York to submit the rest of his comments. Pat Kane of 19 Marion Place stated he was here several weeks ago about the recreation center. We found more expenses that we didn’t plan on at the time. The Council may be too far to pull this back, but he would be remiss to not urge the Council to reconsider this expense. There is no published business plan on this project. Cynthia Travison of 34 Casino Drive stated they have been asking Mary Beth Delarm to get the planning board things. MaryBeth is doing it for more than just herself. They don’t want standing water or sewer, it is important. Al Colucci of 9 Lexington Road is here due to his interest in the budget gap. He stated we need to take a step backward before taking a step forward. In a period of 4 years (2004 – 2008) the City property tax revenue increased 52.6% or $5 million dollars. During that time we also received $10 million in VLT money. This money was put into the budget, and we need to rectify were that money went before we go forward. He is willing to volunteer any amount of time needed for the budget workshop. He feels he could contribute. Mayor Johnson closed the public hearing as the allotted time had elapsed. Presentation – Other Post-Employment Benefits Actuarial Valuation Commissioner Ivins stated we have been handling retirement benefits on a cash basis. The state has mandated that we figure out what the full liability is for these benefits. We are required to bring someone in to do that for us. Armory Associates is the firm that is doing this for us. Damian Hacker of Armory Associates advised GASB is the Governmental Accounting Standards Board. They came out with a new standard that requires all governmental employers to provide an evaluation of their post employment benefit plan. This evaluation needs to be completed every 2 years. GASB 45 does not have the authority nor is there a rule that states you have to fund for this. The report presented to the Council does have detail of the eligibility requirements and contribution requirements. Most of the retirees and some of the future retirees will receive 100% paid health care for themselves, spouse, and surviving spouse. Page 3 of 21 City Council Meeting 5/5/09 The total liability/projected costs for current retirees and future retirees going to be a large number due to the number of years they are projecting out; 50, 60, 70 years. On average, the city is a little over $200,000 per participant. This number is on par with everyone else across the state. Employer considerations of GASB 45 are there will be a large unfunded liability showing in your financial statement. As an employer you will ask yourself if this is too generous of a benefit, are these benefits in line with the services they are receiving from the active employee. The City plan is different in the fact that the surviving spouse receives 100% coverage. Most other governmental employers do not provide that. Commissioner Franck asked if this will only be on our audited financial statements. Christine Gillmett-Brown stated that is correct. Commissioner Franck asked what year GASB 45 kicked in. Christine advised it started in 2008. Presentation – Project Labor Agreement Commissioner Kim pulled this item from the agenda. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 4/21/09 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 4/24/09 $419,503.89 5. Approve Payroll 5/1/09 $404,476.77 6. Approve Warrant 2009 Mid MC3APR09 $529,584.11 7. Approve Warrant 2009 Regular 1MAY09 $549,847.32 8. Award of Bid: Field Marking Lime to Allerdice 9. Award of Bid: Fire Sprinkler Inspection Services to Simplex Grinnell 10. Award of Bid: Granite Curb to Syrstone, Inc. 11. Award of Bid: Heavy Equipment Rental Standby Asphalt Rollers and Small Paving Machine to Milton CAT (items 1 and 2), Anderson Equipment (items 3 and 4), and Admar Supply (item 5) 12. Award of Bid: Motor Vehicle Filters to Napa Auto Parts 13. Appointment: Patsy Berrigan as Commissioner of Deeds 14. Award of Bid: Precast Curb to The Fort Miller Company 15. Award of Bid: Precast Manholes, Catcbasin, Risers, Dry Wells and Frames and Covers to The Fort Miller Co. and Syracuse Castings 16. Award of Bid: Water and Sewer Pipe, Fittings, Hydrants and Valves to Ferguson Waterworks Commissioner Scirocco stated Ferguson was the lowest bidder. There had been a problem in the past with Ferguson. The Director of Public Works made a site visit and they are confident that they have the supplies the department needs. He is ready to move on this. Commissioner Kim stated that the idea of the consent agenda is for issues that are not controversial. He would like to have a separate vote on the water, sewer, pipe. Item #16 has been moved to Commissioner Franck’s agenda. Ayes - All Page 4 of 21 City Council Meeting 5/5/09 Mayor’s Department Discussion and Vote: Revised Skate Park Rules and Protocols Mayor Johnson pulled this item from his agenda. Discussion and Vote: Camp Field Trips and Playground Programs Mayor Johnson announced they will not be proposing the consolidation of 3 playground sites into the East Side Field as it will not benefit many people of the community despite there maybe being some savings. More people are staying home this summer and will be relying on the camp. Linda Terricola stated it is in the best interest of the Recreation Department and Camp Saradac to offer the same programs as they have for the past 40 years. One of the major field trips that is not cost effective is the trip to the Great Escape – that is a savings of close to $8,000. Also, the part time workers will not receive a pay increase this year; the savings will be approximately $12,000 - $15,000. Peerless pool will also be closed on Tuesdays; therefore we will realize additional savings in the transportation cost. Commissioner Kim confirmed the original proposal of saving $9,000+ is not happening. Linda advised that is correct. Commissioner Kim stated for the Council to not take this step is putting the cart before the horse. Not making the cut that was originally proposed is counter productive. Commissioner Ivins asked how many people go to the various sites. Are they walking therefore needing transportation to a central site? Linda Terricola stated the sites include the south side, west side and Geyser. They have transportation that picks up the campers on the south side and the west side. The main location has been Geyser Park. There are 48 kids being transported. Commissioner Scirocco stated there is nothing going on at the eastside. Linda advised no, that is Camp Saradac’s location. Commissioner Franck confirmed that they are putting the kids all in one area therefore they are able to reduce the amount of staff required. Linda stated that was correct. Mayor Johnson stated since the cost saving was under $10,000, he thought the community would appreciate leaving it and not being further inconvenienced. Mayor Johnson pulled this item from the agenda. Discussion and Vote: Saratoga County Children’s Committee Donation (09-121) Mayor Johnson moved and Commissioner Ivins seconded to accept the donation of $4,000 from the Saratoga County Children ’s Committee. Linda Terricola stated this money is used for scholarships for the Camp Saradac program. With the $26,000 received from the Holly Foundation, this donation brings them over $30,000 for scholarships. Ayes – All Page 5 of 21 City Council Meeting 5/5/09 Discussion and Vote: Referral to Planning Board for Advisory Opinion of Rezoning Request – 36 Nelson Avenue Mayor Johnson stated Mike Toohey; attorney for the applicant is here to explain the rezoning request. Mike Toohey stated they are looking for a referral to the planning board. This is the Vanderbilt farm south of the thoroughbred track. The property has been zoned for rural residential. They are proposing to rezone it as an institutional horse track. They would like to upgrade the structures on the property for the staff that live there. Commissioner Franck asked if they could move this item to the next meeting because they just assessed this property. If this is changed midstream, there could be a tremendous swing on the assessment of this property. He has concerns with forwarding this until he receives answers from the attorneys. Mike Toohey stated he didn’t feel that should stop the process of referring to the planning board as it is only an advisory opinion. The Council still would still have the option to turn down the opinion of the planning board. Commissioner Kim advised we will be having budget workshops; maybe this can be addressed during one of those meetings. Mike Toohey agreed to adjourn for the 2 weeks. Discussion and Vote: Referral to Planning Board for Advisory Opinion of Rezoning Request – 82 Franklin Street (09-122) Mayor Johnson moved and Commissioner Ivins seconded to refer the rezoning request of 82 Franklin Street to the planning board. Mike Toohey stated this property is where the West Side Stadium Café exists. The Planning Department took a hard look at the zoning map and found that where the Franklin Street name is there is another zone. There was a single family home there years ago on that site and the downtown business zone encompasses that square. The square is too small to build a house on it but it also prevents them from making any improvements on the lot. They are trying to merge the UR-3 zone into the Transect 6 zone. Ayes – All Discussion and Vote: Referral to Planning Board for Advisory Opinion of Modification to Existing Zoning Amendment Petition – 69 Lake Avenue (09-123) Mayor Johnson moved and Commissioner Franck seconded to refer the modification to the existing zoning amendment petition for 69 Lake Avenue to the planning board for an advisory opinion . Mayor Johnson advised this is the property that is adjacent to the military property. The request is to change the zoning from TR-5 use district to a neighborhood complementary use district. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Harris Beach Agreement for an On-going Investigation of the DEC (09-124) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Harris Beach to cap legal fees in total not to be in excess of $60,000 for the on-going defense of the City against the DEC. Page 6 of 21 City Council Meeting 5/5/09 Mayor Johnson stated there were threats levied against the City based upon serious allegations of environmental concerns at the DPW garage and the compost facility. There was a cap of $10,000 not knowing the complexity of the case. We were able to take a majority of the fines levied against the city and put it back into projects. The attorneys did have a very benefit result of over $1 million of saved. The amendment is for a compensation fee that is in excess of the original cap, but not to exceed $60,000. The fees to date are roughly $52,000. Commissioner Ivins stated this amount was encumbered from 2008 so there is no 2009 impact. Commissioner Kim stated he is going to vote against this. They asked to see the bills and never have. We authorized a $10,000 cap at $250 per hour and it is possible they spent an additional 200 hours on this. Not only should he see the bills, but the public should see them. Commissioner Scirocco stated he could vouch for a lot of the expenses. He had a lot of involvement with Harris Beach on this. He can also say they are working with Barton and Loguidice to put together the information for the DEC so this can be closed out. Commissioner Kim asked Commissioner Scirocco if he saw the bills. Commissioner Scirocco stated he did. Commissioner Kim wants to know why he hasn’t been able to see them. This is the kind of information that should be provided to the Council at minimum. If there is nothing to hide, why can’t the bills be provided? Mayor Johnson stated he takes exception to the comment of ‘something to hide’. This item has been discussed at almost every executive session they’ve had. The firm only came to resolution with him on April 29th. Commissioner Franck asked if there is any way this can be tabled. Since there will be meetings next week for the budget, could we hold this until next week. Mayor Johnson stated this bill has been waiting long enough. Commissioner Scirocco stated they have put this off a couple times. Harris Beach has done a great job. He is ready to vote on this. Mayor Johnson asked Commissioner Ivins if he had any comment or thought on this. Ayes – 3 Nays – 2 (Commissioner Franck & Commissioner Kim) Discussion and Vote: Authorization for Mayor to Sign Supplemental Agreements with Earth Tech for Spring Run Trail (09-125) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign supplemental agreements with Earth Tech with the revision as proposed for Spring Run Trail. Brad Birge advised this is a great opportunity for the City to bring this project to completion. They received a list from the Capital District Transportation Committee of the projects that are eligible for stimulus funding. The Spring Run Trail project has been on that list. In order to move it forward to the bidding process, they have to approve a contract and do a final update on the design specs, which is 100% reimbursable through the federal dollars. The second contract with Earth Tec is for construction and inspection contract, also 100% reimbursable through federal funds. Commissioner Kim asked what the assurance is if this is approved by Council and don’t get the funding. Page 7 of 21 City Council Meeting 5/5/09 Brad stated there is no absolute guarantee for any of the stimulus funds. It is a first come first serve list. Commissioner Kim stated he is concerned that someone in this building is going to go forward with this project assuming the Council approved it even though we may not have received the stimulus funding. He is just making sure this agreement doesn’t give someone the right to go forward. Brad advised the construction inspection contract would not be put into place unless actually selected and approved for construction. Commissioner Kim asked if that contract would come back to the Council at a later date for approval. Mayor Johnson stated the contract can be revised to state they will not go forward on this project without the stimulus money. His understanding is the engineering and design is something that needs to be done in order to qualify for the stimulus money. Brad stated that is correct; the updated costs need to be established and on the list. Ayes - All Discussion: Update on Lillian’s Lot Purchase Mayor Johnson announced the city attorney has in his possession the contract by the purchaser. The purchaser is more than interested in this contract. He expects to have a final update in the next couple of weeks. Accounts Department Announcement: Coin Drop Commissioner Franck stated he wanted to share his findings regarding the Vehicle and Traffic Law 1157C. His investigation showed 1157 stated no person shall stand in the road to sell something; 1157B states no person shall stand on or in proximity to a street or highway for the purpose of soliciting, the watching or guarding of any vehicle while parked or about to be parked on a street or highway. Section C is the newest part effective 1967 states no person shall occupy any part of a state highway except in a city or village in any manner for the purpose of selling or soliciting. Section C is contradictory to Sections ‘A’ & ‘B’. Commissioner Franck stated in 2004 there was a committee set up by Commissioners Towne and Curley to make sure the coin drops were safe and legal under state law. This committee decided there will be two locations. Assistant City Attorney Tony Izzo had reviewed the law. Commissioner Franck read a memo written by Tony Izzo which explained his interpretation of the law and how the committee came up with what they did. Commissioner Franck spoke with Chief Moore and reviewed 1157C. The senate bill S5014-A discusses roadways, not highways. Roadways mean the side of the road; highways mean curb to curb. He spoke with NYCOM and learned the way you find out about a bill is to go to the bill jacket. The bill jacket is the all the parts of the bill and it explains how they got to the current bill. One of the points made in the bill jacket section 1157 is not intended to encroach on the ability of cities and villages to regulate the selling and soliciting. The bill leaves local regulation to local governing bodies. The bill is not intended to and will not interfere with farmers selling fruits and vegetable on their own land but will curb the ‘gypsy’ type activities on the state highways right of ways outside the limits of cities and villages. In 1965 and 1966, they tried to push this basic bill through. The bill couldn’t get through because local governments wanted to be able to have control of permitting this process. He found a case through NYCOM that was similar to this case from 1985. The case had to do with vending vs. coin drops in the Village of East Hampton. The decision was made that the village, by local law, may regulate the vending of wares from vehicles on a state highway located within the village. Such a local law must be consistent with the general laws of the state including the general business law and may not infringe upon the constitutional rights of vendors. Therefore a village enactment regulating vending from vehicles on state highways would not be inconsistent with Subdivision ‘C’ and would be permissible if statutory authority if Page 8 of 21 City Council Meeting 5/5/09 an ordinance or permit process exists. In summary a village by local law my regulate vending from vehicles on state highways located in villages. Any local law must be consistent with local laws. He spoke with Chief Moore and his concern was clearly he didn’t want to break the law. Commissioner Franck’s suggestion is to re-permit the people who have missed their coin drops and go to the attorney general to get an opinion because this is contradictory. The fire department would also like to submit this information to the MDA’s attorney. Under the charter or state law, only the mayor or city attorney can ask for the attorney general’s opinion. Mayor Johnson stated he would be happy to follow up with this issue. What do we do until we get a decision from the attorney general? Commissioner Franck stated he will leave it up to public safety; if they don’t feel comfortable, they won’t go forward. Commissioner Kim stated he doesn’t have any problem with this going to the attorney general. They had asked the district attorney to look into this. The DA told them that this was legal; they are going to go forward with it. The DA’s office came up a with a 2 page memo that he will share with the Council. It is clear that the City cannot trump state law. There was a case in Long Island where someone was licensed for a veteran’s organization to do solicitation and the court said you can’t trump state law. It seems like Section ‘A’ prohibits it, but Section ‘C’ seems to allow it on state highways. Public Safety’s intent was always to do what they needed according to the law. He would be happy to sit with Commissioner Franck and Chief Moore to decide what they are going to do in the interim. Commissioner Franck stated he appreciated that. He presented the bill jacket to the Council. Discussion: Condominium Resolution Commissioner Franck stated after two public hearings on the condominium resolution, he will bring the resolution to vote at the next Council meeting on May 19th. There is now a companion bill. Announcement: Condominium Resolution Public Hearing Commissioner Franck announced the second public hearing has been sent for Monday, May 18th at 6:30 p.m. in the City Council Room to allow more of the public to comment. Announcement: Grievance Day Commissioner Franck announced that grievance day has been set for Tuesday, May 26th from 9 a.m. – 12 noon, 1 p.m. – 4:30 p.m., and 7 p.m. – 9 p.m. in the City Council Room. Announcement: Guide to Archives The City’s Guide to the Archives was originally created by then City Historian Bea Sweeney in 1978 through a grant from the National Historic Publications and Records Committee. Since then, the guide has gone through several revisions, the most recent of which was done by a professional archivist and historian, James Corsaro, hired last year with funds from a Records Management grant from the New York State Archives and Records Administration. As Commissioner of Accounts, he wears many hats, including the City Assessor, the City Purchasing Agent and the City Records Management Officer. Since he took office, one of his primary goals has been to increase and improve public accessibility to information. We have done this through our online assessment information, electronic distribution of bids, improving the timeliness of the posting of Board and Council minutes to the website and now he is pleased to announce that we have an online version of the Guide to the Archives on our website to assist researchers in their hunt for information. Go to www.saratoga-springs.org and it is listed in the center of the home page for easy reference. Announcement: How to Grieve Assessment Class Page 9 of 21 City Council Meeting 5/5/09 Commissioner Franck announced that a class on how to grieve assessments will be held May 13th from 6 p.m. – 8 p.m. n the music hall, 3rd floor of City Hall. Discussion and Vote: Resolution to Change Polling Place (09-126) Commissioner Franck moved and Commissioner Ivins seconded to adopt the resolution to change polling place as read. BE IT RESOLVED , by the City Council of the City of Saratoga Springs as follows: WHEREAS , the designation of polling places in the City is a matter of importance to the public; and WHEREAS , section 4-104 of the Election Law authorizes the Saratoga County Board of Election to designate suitable polling places in the City; and WHEREAS , this Council finds that the addition of a new polling place in the City will benefit the public by providing added convenience and accessibility, and that this new place is designated as the Lincoln Bath House, South Broadway, and WHEREAS , the City Council further finds that the use of the Saratoga Springs City Center as a polling place is no longer suitable and that its use for that purpose should be discontinued, BE IT THEREFORE RESOLVED , that this City Council hereby recommends to the County Board of Elections that the above named place be added to the list of polling places in the City of Saratoga Springs and used for all elections in the City in the same manner as other designated polling places, and it is further, RESOLVED , that this City Council recommends to the County Board of Elections to discontinue the use of the Saratoga Springs City Center as a polling place, and it is further, RESOLVED , that a copy of this resolution be forwarded to the County Board of Elections and to the County Commissioners of Elections. Commissioner Kim asked if everyone who currently goes to the City Center will now be going to the Lincoln Baths. Commissioner Franck advised that is correct. Mayor Johnson stated there was also an issue with the serving of alcohol at the City Center for events on election nights. That is in violation of the election law. Commissioner Scirocco stated his concern is notifying the public on the change. Commissioner Kim asked if the schools can be used. Commissioner Franck stated the schools are currently being used. Ayes - All Discussion and Vote: Award of Bid to Ferguson Waterworks for Water, Sewer, Pipes, fittings, hydrants, etc. (09-127) Commissioner Franck moved and Commissioner Scirocco seconded the award of bid for water, sewer, pipes, fittings, hydrants, etc. to Ferguson Waterworks in the amount of $358,738.28 . Commissioner Kim stated the difference in the bids is $20,000. Based upon what was said, are any of the problems with the vendor going to cost us $20,000 so that we are not getting much out of it. Commissioner Scirocco stated they did have problems with Ferguson in the past. The vendor was based in Syracuse when they first had problems with them. They did have problems with them last year. The director of public works made an on site visit and assured them that the vendor had everything that DPW needed. Bill McTygue stated the total bid amount the Council is looking out is a summation of unit costs. The numbers presented does not mean DPW is going to purchase that full amount of pipe, fittings, valves, etc. Ayes - All Page 10 of 21 City Council Meeting 5/5/09 Finance Department Discussion: 1st Quarter 2009 Financial Report Commissioner Ivins stated as of the end of March, 47% of our property tax has been collected; last year at this time we were at 45%. Most of the new fees implemented for DPS for 2009 are at or above; 25% collected. As of the end of March, the City has not received many of the larger revenue streams. We have only collected 22% of our revenues up to end of the 1st quarter. The contributions to events and outside organizations the Mayor’s office made have been paid in full as of the end of March. More discounts were taken last year on taxes; our liability insurance has been paid for the full year. Most departments are running about 25% which is on target and consistent with previous years. Discussion: Preliminary 2008 Year End Report Commissioner Ivins stated there is preliminary 2008 year end report is un-audited. The annual audit will begin May 26th. The general fund balance is $7,719,630.00 as of the end of December; the unreserved/unappropriated amount is $3.8 million. The reason for the difference is some of the money is encumbered for certain things. We did have a surplus of over $800,000. The reserved appropriated fund balance is made up of $1,545,000.00 encumbrances; $1,331,000.00 is in capital reserves for acquiring real property and improving municipal facilities, $78,000 is reserved for miscellaneous improvements, $929,000 is appropriated to balance the 2009 adopted budget. Property taxes went up 10% last year. We did not collect to date $466,000 for future years – biggest portion is $76,365.40 coming from NYRA. All other state aid was strong. State sales tax increased by 1.5% but failed to meet budget. State aid revenue sharing reached an all time high of $1,729,000.00, up from $1,739,000.00. Rental of city facilities was up $77,000 more than budgeted and up $50,000 more than 2007; transfer station bags increased $19,000 over 2007. Mortgage tax receipts decreased and was short of budget by $230,000. Parking ticket revenue decreased by $109,000, NYRA admission tax decreased by $23,000 and was $36,000 less than budgeted. Health insurance costs increased $546,000 as a result of rate increases. Payments to the police and fire retirement system increased 164,000 as a result of rate increases, and payments to NYS Retirement for employees other than police and fire decreased by $79,000. Contingency was budgeted for $430,000, only $69,000 was used. The water fund ended with a balance of $342,000. The sewer fund balance for 2008 was $157,000. Overall it was an ok year. We need to meet the challenges ahead. Discussion and Vote: Authorization for Mayor to Sign Contract with Loose Cannon (09128) Commissioner Ivins moved and Mayor Johnson seconded to authorize the Mayor to sign a contract with Loose Cannon for the All-American Celebration 2009. Commissioner Ivins advised this is a band who is a headliner for the July 4th celebration. Ayes – All Discussion and Vote: Accept Donations – Saratoga’s All-American Celebration (09-129) Commissioner Ivins moved and Commissioner Franck seconded to accept donations from the Gideon Putnam for $500, Longfellow ’s for $125.00 , Olde Bryan Inn for $125.00 , Cudney ’s for $100.00 , Wesley Foundation for $100.00, Roohan Realty for $100.00 , and Clements Insurance Agency for $100.00 for the Saratoga All-American Celebration. Ayes - All Discussion and Vote: Budget Gap Resolution Commissioner Ivins moved and Commissioner Franck seconded to adopt the resolution as read. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 11 of 21 City Council Meeting 5/5/09 SARATOGA SPRINGS, NEW YORK WHEREAS , the economic outlook affecting the City’s fiscal year 2009 has gotten bleaker with the deepening financial woes of our country and concerns of our citizens; and WHEREAS , the City of Saratoga Springs will not receive the VLT aid budgeted for 2009, and has seen a reduction in sales tax and other vital income in 2009 due to said economic conditions ; and WHEREAS , the City cannot levy more taxes for 2009 and taxpayers of the City of Saratoga Springs cannot afford a double-digit tax increase for 2010; and WHEREAS , the City Council of the City of Saratoga Springs must mitigate the negative affects of both reduced revenues and economic hardship on taxpayers; NOW THEREFORE BE IT RESOLVED as follows: 1. The City will maintain a hiring freeze on full time positions effective May 6, 2009 through December 31, 2009. 2. The Commissioner of the Department must explore other reasonable options, other than refilling the position, before approaching the Council. 3. When a position vacancy arises, the Commissioner in charge of that Department must demonstrate to the Council at a regularly scheduled meeting that the position is essential and therefore should be filled. 4. The City Council must approve by simple majority the filling of each vacancy before any further action is taken. NOW BE IT FURTHER RESOLVED : 1. That the City Council directs the Mayor and the contract team to negotiate the cost-cutting measures of furlough and early retirement memorandums of understanding with each of the City’s seven unions for the possibility of implementation by July 1, 2009. Commissioner Ivins stated he has received a lot of comments since his presentation last week. He brought the hiring freeze before the Council last fall and is bringing it forward again. The second portion is items brought up at the council table and in the public. All this is, is having the mayor start the conversations; furloughs and early retirement can’t happen without the union agreement. Commissioner Franck stated relating to hiring, it would seem we would want to table #1 as it would have to be within the budget to hire someone anyway. Items #3 and 4, the charter states each department is responsible for their own budget, so if their budget can support the hiring of someone, they don’t have to go through council approval. He has no problem with the mayor being able to negotiate. Commissioner Ivins stated the reason he brought this back up is because when they come back they can identify the positions that are already vacant and now we have a hiring freeze in place, these are some of the dollars being affected that are already on the table. Commissioner Franck stated if we go forward with this resolution, we can’t hire a building inspector. He is not sure if we can legally do this. Commissioner Scirocco stated he is not ready to support this. The mayor already has the authority to negotiate this stuff. We already made our cuts in the beginning of the year and no one knows what the number is that we are trying to reach. They are trying to live within their budget right now. He brought forward re-classifications of some positions in his department to save money. A hiring freeze would put us in a bad position if someone left and it is a critical position in the city. Commissioner Kim stated he is not going to support this. The final ‘be it resolved’ portion says the City Council directs the mayor and contract team to negotiate cost cutting measures of furlough and early retirement – it is insane. We just voted to increase the Harris Beach contract and this is the same firm we hired to negotiate. Each commissioner has to deal with those unions and people; we also have a human resource director that should be involved. The full investigation of the pool eligible for retirement hasn’t been done. He could have this done in about a week with his workforce, but that would require the Mayor or the Commissioner of Finance to reach out to him. Also, Commissioner Scirocco is right – we don’t know what we are shooting for – we are groping in the dark. It is up to the Commissioner of Finance to give us those numbers. Public Safety has dispatch positions open. The mayor just hired a new assistant for the Urban Cultural Center; a half time title. It is more important to him to have a dispatcher than a brown bag lunch in the park. Essential city services have to be defined before we determine layoffs or how we are going to do any of these issues. He is not going to support this because it doesn’t do Page 12 of 21 City Council Meeting 5/5/09 anything to really solve the problem; it is a political thing the Commissioner of Finance did to say he proposed a hiring freeze. Public Safety is managing their budget well; they are not spending all their money. This resolution is to spend more money on lawyers. Mayor Johnson reminded Commissioner Kim that he was offered a consult free of charge with Harris Beach, but he refused. Harris Beach wanted Commissioner Kim’s input regarding what they should be doing when it comes to negotiating his department’s contract; but Commissioner Kim refused. Mayor Johnson reminded everyone that there are ground rules when negotiating contracts. Those ground rules prohibit him from going into detail, but he does try to update the Council when he can. Ultimately it goes back to the Council for acceptance or rejection of any proposed contract. Because of this he can’t address some of Commissioner Kim’s allegations of where things stand. He also can’t vote for the resolution because he views it as violating the ground rules of the negotiations and his responsibility to the unions. This is not for or against Commissioner Ivins proposal. Commissioner Kim stated the mayor did ask if he would like to sit down with Harris Beach. He then asked the mayor to go back to the meeting minutes of 2008 as Harris Beach is no longer authorize to negotiate on our behalf. He invited all to go back to the meeting minutes when the Harris Beach contract was approved; there were 2 contracts, one for the labor agreements, and one which is a retainer – we are sending them $2400 per month whether they answer a question or not. Both of those contracts had a 3 – 2 motion for Harris Beach to negotiate up until 12/31/2008. The contract that was ultimately signed was for 2 years, but the motion this City Council approved was for less. They have continued to negotiate those contracts and we’ve continued to pay them. If there has been an update on the contracts in executive session, he must have been asleep because he hasn’t heard about one of them. Mayor Johnson advised the contract that was attached to the motion to retain Harris Beach was a 2 year contract. If Commissioner Kim doesn’t read the attachments, that is his issue. Commissioner Franck suggested tabling this and bringing it up during the budget workshops. Commissioner Ivins stated he is pulling this and will have a finalized figure for the budget workshops as that is the appropriate place to discuss that. He brought this up to get the ball rolling; the early retirement was suggestion by Commissioner Scirocco and Commissioner Kim, the furlough was a suggestion by Commissioner Franck, and the hiring freeze was something he mentioned before and was brought to his attention again by the public. Discussion: City Finances Commissioner Ivins set the budget workshops as follows: Monday, May 11th from noon to 1:45 p.m., Monday, May 18th at 6:50 p.m. or immediately following the condo resolution public hearing, and Tuesday, May 19th at 6 p.m. just before our next City Council Meeting. There is little break on mortgage tax – we are ahead $126,000; occupancy tax is down slightly from 2008. Public Works Department Discussion and Vote: Authorization to Extend the Contract with C.T. Male – Landfill Post Closure Monitoring Services (09-130) Commissioner Scirocco moved and Commissioner Ivins seconded to extend the contract with C.T. Male for the landfill post-closure monitoring services which allows city to enter into a second year of the contract. Commissioner Scirocco stated the original RFP called for a 2 year agreement. Aye - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Ryan-Biggs (09-131) Page 13 of 21 City Council Meeting 5/5/09 Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Ryan Briggs for professional services for structural assessment of the existing grandstand at the East Side Recreation football field . Commissioner Scirocco stated the City has blocked off the grandstand after observing deterioration of the floor planks making it off limits to the public. The amount of the contract is $2,000 plus reimbursable expenses. We decided to hire a structural engineer at the last City Council meeting. He met with representative from Ryan-Biggs last week and we will know within a week or so what the findings are. He will provide everyone with a copy of the findings. Ayes – All Discussion and Vote: Authorization for Mayor to Sign an Agreement with Creighton Manning – Church Street Reconstruction Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Creighton Manning contingent upon review by the city attorney. (09-119) Paul Male advised there are 3 agreements to look at in regards to Church Street. The first contract is for the DOT agreement #2. This is to increase the preliminary phase of engineering by $50,005 from $228,500 to $278,505. The increase includes a roundabout alternative and additional work submitted under the stimulus funding package. The funding will not be funding 100% under stimulus; it will be funded 80% by federal, 15% by state, and 5% by the city. The City’s responsibility will increase from $14,275 to $21,535.77 for an increase of $7,260.77. Commissioner Kim asked what guarantee do we have of getting the stimulus money. Paul Male advised the money is available on a first come first serve basis. This project is a much faster track; they hope to have it bid and on the street in the next couple of weeks. Commissioner Kim asked if we don’t get the money, what is our contingency. Paul advised this has been funded; this is a capital budget project. Additional things were added under the stimulus portion. If the stimulus money doesn’t happen, we pull that portion out of the project. Ayes – All aul Male stated the second resolution is also a DOT one as well. This will be 100% federally funded for the construction and construction inspection phase. The total cost is $2.75 million. The City will not have to pay our 5%, so we will save about $138,000. We talked about using this money to extend our 12’ waterline. Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a resolution with the state for stimulus money; NYS DOT Federal Aid Local Project Agreement. (09-120) Mayor Johnson asked if this should be subject to city attorney review. Paul will have Joe Scala take a look at it. Ayes – All Paul Male stated the 3rd one is to take action on the supplemental consultant agreement for additional design services and construction administration and inspection services with Creighton Manning. Creighton Manning is asking to do the work of the 2 resolutions just approved. It will increase their contract from $240,000 to $540,000. This includes the $50,000 for design, $13,000 for construction supervision, and $242,000 for construction inspection. The construction supervision and construction will Page 14 of 21 City Council Meeting 5/5/09 be funded 100% under the stimulus package; the City will be responsible for the additional preliminary design mentioned earlier. Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign the supplemental consultant agreement with Creighton Manning. (09-133) Mayor Johnson asked if this went through the city attorney review. Commissioner Scirocco advised it had. Ayes – All Announcement: Opening of Carousel Commissioner Scirocco announced the carousel will open May 10th. During the month of May, the carousel will be open Fridays and Saturdays; during Memorial Day weekend it will be open Sunday and Monday from 11 a.m. to dusk. Starting in June the carousel will be open Tuesday – Sunday 11 a.m. to dusk; closed on Mondays for maintenance and repairs. Announcement: Compost Material for Sale Commissioner Scirocco announced compost is now available for delivery and pick up. Pick up is a minimum of 2 yards at $15 per yard and delivery inside the City is $112 for 7 yards or $154 for 7 yards outside the City within 10 miles of the compost site. They will be at the compost site on Saturday 5/9 and 5/16 from 8 a.m. – 12 p.m. Announcement: Household Hazardous Waste Day Commissioner Scirocco stated the household hazardous waste day will be May 30th from 8 a.m. – 1:30 p.m. Starting tomorrow you can call DPW at 587-3550 ext. 2563 for an appointment. Proof of residency will be required. Discussion and Vote: Resolution for the City Council to Act as Lead Agency in the Geyser Crest Wellfield (09-134) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the City Council to act as lead agency in the Geyser Crest Wellfield project. Commissioner Scirocco stated the project needs to be treated as a Type 1 action. Federal stimulus money is funding the grant program. The first step in the SEQRA process for the Geyser Crest Wellfield project is to pass a resolution of its intent to serve as lead agency. The resolution was read as follows: WHEREAS , the Project is an “action” as defined by the State Environmental Quality Review Act (SEQRA); and WHEREAS , Part 1 of the Long Environmental Assessment Form (LEAF) has been completed and circulated to all Involved Agencies for establishing the City Council as “Lead Agency” in accordance with 6NYCRR Part 617.6 for the purpose of conducting a SEQRA/SERP review of the Project; and WHEREAS , it is the intent of the Council to assume the role of “Lead Agency” for purposes of Project environmental review. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED , that this Council has circulated said Long Environmental Assessment Form to the following “Involved Agencies” under cover of the attached “Notice of Intent to Establish Lead Agency” letter for purposes of establishing Lead Agency status under SEQRA/SERP: • New York State Environmental Facilities Corporation; • New York State Department of Health; • New York State Energy Research & Development Authority; • Saratoga County Planning Department; Page 15 of 21 City Council Meeting 5/5/09 • Saratoga County Department of Public Works; • Environmental Notice Bulletin c/o Business Environmental Publishing, Inc.; • Department of the Army, Corp of Engineers RESOLVED , that the Mayor, together with the City Council, and the City’s Engineers are hereby authorized to take all actions, serve all notices, and complete all documents in order to give full force and effect to this determination. Commissioner Scirocco advised this has the potential of $35 million dollars of funding. The NYS Environmental Facilities Corporation has established a new program called the Green Innovation Grant Program. This grant is designed to preserve and create jobs for economic recovery and invest in environment protection and green innovation to provide short and long term economic benefits. Role Call: Commissioner Franck – Aye Commissioner Ivins – Aye Mayor Johnson – Aye Commissioner Scirocco – Aye Commissioner Kim - Aye Announcement: Street Paving Schedule Commissioner Scirocco announced the following streets will be paved starting May 18th: o 5/18 - milling Woodlawn Ave. from Division St. to Church St. o 5/19 - milling Long Alley from Division Street to the Adirondack Trust driveway and paving Weibel Avenue from Louden Road to Danielle’s Bridal Shop o 5/20 – paving Long Alley from Division Street to the Adirondack Trust driveway and paving Woodlawn Ave. from Division St. to Church St. Announcement: Commissioner Scirocco advised the Council of damage at the Visitor’s Center at the front right corner. It appears to be water damage and has popped out the stucco. It is a low bearing wall that created this problem. They would like to go in there with Titan roofing and put in a 6 x 8 beam to support the portion of the roof that is pushing down on the corner of the roof. We are looking at $3,000 - $4,000 to get this done and put an extension on the roof. He doesn’t know where they are going to go with this next. There is no money in the buildings’ budget to do the work. Debbie LaBreche, Assistant City Engineer looked at it again today and thinks it has pushed out a little more. They need someone to come in a do an assessment. They are going to go ahead and put the jack stud in to take the weight off the corner. Debbie thinks we need to do that now to save any more problems. Commissioner Franck asked if there is any risk of this collapsing or a need to close this down. Commissioner Scirocco stated there is no risk if they do this. They will be trying to do the work this week. Commissioner Ivins stated we can find $3,000 somewhere. Public Safety Department Discussion and Vote: Authorization for Mayor to Sign Contract with Arace and Company Consulting LLC for a Project Labor Agreement (09-135) Commissioner Kim moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Arace for a study regarding the feasibility of a project labor agreement for the High Rock site in the amount of $18, 500. Page 16 of 21 City Council Meeting 5/5/09 Commissioner Kim apologized for the miscommunication with the consultant. He was going to come and describe what they are going to do. They have received city attorney and Risk & Safety approval on this contract. Mayor Johnson asked how they chose this firm. Commissioner Kim stated there is only a handful of organizations that do this; some are law firms some are economic forecasting firms such as this one. They did not bid this out as professional services do not require it. Commissioner Ivins confirmed that the money is coming out of the police station design money. Commissioner Kim stated that is correct. Commissioner Franck stated it is good that Commissioner Kim is bringing this forward; PLAs are very important. Other firms that have been looked at for this have been in the range of $20,000 - $40,000. Mayor Johnson stated he doesn’t see a proposed timeframe to complete the project. He asked for that to be added to the contract. Deputy Commissioner Finneran stated they will add that. Commissioner Ivins has additional questions that he wants to ask the bidders about High Rock. He will be checking with Commissioner Franck on one of the questions to see if he is even allowed to ask it. Once he confirms if he can ask that one question, he will pass his questions around to the Council. Mayor Johnson asked if we know if we can do this analysis without violating the current bid proposals. Commissioner Franck doesn’t think a PLA violates anything. Commissioner Ivins stated one of his questions for the bidders is will a PLA affect their bid. Commissioner Franck stated it is clear from the City Center and the recreation center that WICKS will apply. Ayes - All Announcement: COPS Technology Grant Award Commissioner Kim announced that they received a grant in the amount of $244,000. The original request submitted to Congresswoman Gillibrand was for training in tactical equipment. They do a lot of crowd control at SPAC, the racetrack and Caroline Street. The idea was to get a grant for some of the training they need to do but also for the specialized equipment. They don’t have details of what it will be funding; that is part of their negotiation. Commissioner Ivins asked if this would cover the overtime involved with the training. Commissioner Kim stated it would. They’ve been trying to get people to come here to save costs. Typically when they do this training they train one of our officers to train others. Discussion and Vote: Military Pay Page 17 of 21 City Council Meeting 5/5/09 Commissioner Kim moved and Commissioner Franck seconded to Sgt Jason Tetu be credited with 22, 10 hour days fo r a total of 220 hours at a cost of an additiona l $1,355.31 for military pay leave. Commissioner Kim stated Jason Tetu is a military reservist. The military credits 22 military days that the City picks up. It is ambiguous as to if those days are 8 or 10 hour days. Jason is the only sergeant who serves a 10 hour, 4 day a week shift. This swing shift sergeant saves us on overtime by working the busiest days of the week. The issue is what he will be reimbursed is ambiguous and this will allow us to reimburse him for a true 10 hour day rather than an 8 hour day. Commissioner Ivins doesn’t have a problem with this; but he also doesn’t want to set a precedent. Maybe wording can be placed in there explaining this is based upon a predetermined schedule for a period of time. He is not opposed to approve this pending finalizing the wording with legal counsel. Commissioner Kim stated they can put in the condition that this represents fiscal year of 2009 based upon his contract of 4 days per week 10 hr days. Commissioner Kim moved and Commissioner Ivins seconded that Sergeant Jason Tetu be credited with 22, 10 hour days, a total of 220 hours at a cost of $1,355.31 in light of the unique circumstance that he currently works a 10 hour shift for the police department . Mayor Johnson asked how many police officers are reservists. Commissioner Kim stated Jason and Capt. Biss are the only reservists. There are 3 or 4 reservists that are firemen. Commissioner Ivins mentioned we have firefighters that work ‘24’ hour shifts. We need to make sure we are specific on this. Commissioner Kim pulled this from his agenda and plans to address it again on May 11th. Discussion and Vote: Resolution in Support of Open Meeting Bill (09-136) Commissioner Kim moved and Commissioner Franck seconded to adopt this resolution in support of the Open Meetings Bill (A2046 & S3453) as presented to the Council and a certified copy will be sent to Governor Paterson. Commissioner Kim asked if they want to waive the reading. Mayor Johnson stated they will waive the reading. He wanted to know how this modifies the present open meetings law. Does it afford taxpayers additional remedies to challenge something? Commissioner Kim advised that is correct. His understanding is the bill is the same but labeled differently. It gives taxpayers a way of challenging a city council, town or school board from violating the open public meetings law. It adds remedies that were not previously there. Deputy Commissioner Kate Jarosh stated the fine mentioned in the bill is $500. Commissioner Ivins stated he is for open meetings, but if a taxpayer have a council fined, it ultimately is the taxpayer paying the fine. Mayor Johnson stated the theory and context makes sense; you are not going to argue against open meetings bills being passed. Is there a reason we are putting this through now without having looked at the bills? Commissioner Kim stated it is his understanding that the governor has 10 days to review these. They just became aware of this through an editorial in the Post Star on May 2nd. The bill has passed both houses and awaits the governor’s signature to become law. It allows the courts to determine if there has been a Page 18 of 21 City Council Meeting 5/5/09 material violation of the open meetings law and the court can then post fines for a citizen who challenges the actions. The open meetings law exists but there are no penalties now. Ayes - All Discussion and Vote: Waiver of Bid for Fire Engine Bodywork (09-137) Commissioner Kim moved and Commissioner Franck seconded to waive a bid for bodywork to a fire engine in the amount of $4,400.00. Commissioner Kim stated this request is to waive a bid in the amount of $4,400.00 for bodywork that can be done while the engine is apart for other work without any additional costs for taking the engine apart. When the engine was taken apart, it was clear that repair for corrosion on the cab, replacement of regulators, and weather stripping was needed. They are asking for a waiver of bid because it is there. Assistant Chief Betor asked Roberts and Nichols Fire Apparatus and Kaiser Autobody if they would compete with the quote the city is getting. Both places stated they wouldn’t give a quote without seeing the vehicle, which would require the engine to be put back together. In the end, this is saving the City money to get the work done while the engine is apart. Commissioner Franck stated he only concern is getting a purchase order before any of the work is done. Ayes - All Announcement: Indoor Recreation Center Commissioner Kim announced he sent a letter today to the Commissioner of the Department of Labor regarding the modified stop bid order dated April 8, 2009 in regards to the recreation center. It is his understanding that the mayor and city attorney negotiated a modified bid order, but when he reads the charter, the charter states the mayor has the authority to negotiate this but he must obtain council approval prior to entering into final agreements. He is making sure the state understands that the council hasn’t reviewed and approved the modified stop bid order. As far as he is concerned, the stop bid order is not binding because this City Council has not reviewed and debated it. It is his impression we might be discussing this at some point but didn’t see it on the agenda. Also, it is his understanding that we have bulldozers out there and the Southside Neighborhood Association has filed an appellate brief. He doesn’t know if the city has responded yet. They are asking the courts to stop the construction and if there has been construction that has occurred, that construction should be reversed. That is an unacceptable risk to the City. He has his own feelings about the claims that group is making. Facts remain that judges do crazy things. There are no constraints on the City in terms of bonding; he thinks the better part of caution would be to say lets see what happens with this lawsuit. We can also ask the courts to speed up the decision. For us to spend money now is at risk. Appealing to the court of appeals is difficult. We need to really think hard if we want to start a bulldozer digging while this is happening. Let’s try to get them to expedite their decision, file our brief and move this along. Anything else is an unacceptable risk. Mayor Johnson stated he didn’t receive anything from his office today of the copy of the letter to the Labor Department. Also, Commissioner Kim professes to have the best interest of the City at stake, yet he sent a letter to the Labor Department advocating they intervene and stop the project. Commissioner Kim stated he did not do that. Mayor Johnson reminded Commissioner Kim that he said the mayor made an unauthorized move to have them issue a modified stop bid order. The consequence Commissioner Kim is seeking is for them to intervene and stop the project. At the last Council meeting we disagreed about what the mayor’s authority is – the mayor offered to bring this to the council even though it wasn’t necessary. That is a better option than writing a letter to the labor department to ‘stir the pot’. This is not the first time Commissioner Kim has intervened on this project. Months ago he wrote a letter to the Office of Parks and Preservation seeking an opinion on alienation. He realizes Commissioner Kim is not happy with the project and would rather build a police station instead. At some point you have to accept the fact the project is moving Page 19 of 21 City Council Meeting 5/5/09 forward and you accept what is best for the community. You have to stop putting up roadblocks that can only mean financial risk to the City. As far as the lawsuit from the Friends of the Southside Park - he hasn’t received their brief. They are not seeking an injunction because they won’t get one. In order to do that, you have to show the likelihood of success on the merits. That won’t happen because they were thrown out of court by the lower court on every ground they alleged against the City. Here we have a tactic to do what – buy more time. He has no intention of stopping this voluntarily and he will deal with the labor department on the issues Commissioner Kim is now raising with them because it is totally improper for him to be going outside his department. Commissioner Kim advocates at the Council table over and over the commission form of government and his responsibilities and his prerogative in his realm. He didn’t even have the decency of going to the mayor and say he proposes doing this. Mayor Johnson asked Commissioner Kim to admit he is against this because he wants to build a police station first. Commissioner Kim stated that is true that he wants to build a police station and he guarantees that’s what most of the public wants. He said the mayor mischaracterized the letter. Commissioner Kim read the letter he wrote to the dept of labor. The letter doesn’t do anything else but report the facts. Mayor asked for what purpose does he feel he needs to write a letter to the labor department to report the facts. Commissioner Kim stated we have to abide by a charter. The charter was not followed. He gave the mayor plenty of time and it wasn’t put on the agenda. We never received the stop bid order, the modified stop bid order, or the new contract that Bast Hatfield is operating under. As he reads the stop bid order there has to be a modified contract. Bast Hatfield was bidding out any of the contracts before and now they are; that is a material change to the contract. It is interesting how this office does work; it is all behind the scenes and not before the public. This is the public’s money. Mayor Johnson stated Commissioner Kim is the advocate of open meetings law, but that is not the point. The issue is not what the mayor has or hasn’t done; the issue is Commissioner Kim is not happy with the way this project is taking off. They are building something in the City for a change. Supervisors Joanne Yepsen County Veterans Committee Supervisor Yepsen announced the County Veterans’ Committee meeting was cancelled today. Therefore there is no update tonight. Guardian House for Homeless Women Veterans Supervisor Yepsen announced they are due to secure site procurement and are waiting to hear back on first tier response. There are programs scheduled for later this month. The committee meets every 2 weeks. She will be talking about this project at a statewide VFW conference at the Queensbury Hotel this weekend. There is an August fundraiser planned. The invited special guest is first lady Michele Paterson. Sustainable Saratoga Activities Supervisor Yepsen announced a speaker attended their meeting last week and spoke on residential energy savings. The next meeting will be held the last week in May. The speaker at that meeting will be Frank Dixon, who is an expert on corporate sustainability. They are sponsoring a bike to work day on 5/15. To learn more about sustainable Saratoga, go to the web site www.sustainablesaratoga.ming.com Billy Grey Ride Supervisor Yepsen announced the 5th annual Team Billy Ride and Walk for Research will take place on May 17th at the Farmer’s Market. Billy was a resident of Saratoga Springs and died of a brain tumor in Page 20 of 21 City Council Meeting 5/5/09 2001, just shy of his 13th birthday. This event has now raised over $900,000 for the National Brain Tumor Society. Matt Veitch Geyser Road Trail Update Supervisor Veitch stated they had their Geyser Road Trail meeting on 4/27. They met with their engineers to obtain status of design work and survey. Alternatives for the trail were reviewed. Most of the trail will fit within the existing right of way on geyser road. They will be getting cost estimates and also soliciting donations from individuals. They want to meet with city officials to plan the next steps of the trail. Trails Committee Supervisor Veitch stated they had their last meeting on April 16th. Things are moving quickly on the Wilton parcel with 99% of the trail completed. Now they need to do signage and clear brush. Green Committee Supervisor Veitch announced they met on 4/29 and had 3 presenters – Advanced Energy Panels, Chips Landscaping, and Greenhouse Strategies. Advanced Energy Panels makes an energy panel that goes over windows to keep things warm in the winter and cool in the summer. Chip’s Landscaping has a rainwater collection system that allows them to collect the rainwater and reuse it for watering plants, etc. Greenhouse Strategies makes LED street lighting that is a hardwired circuit that saves 15% of energy. They last about 15 – 30 years. The next meeting will be 5/27. 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 10:45p.m. Respectfully submitted, Lisa Ribis Approved: 5-19-2009 Vote: 5 - 0 Page 21 of 21