City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 16, 2009 6:00 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 Mid Year Amendments to 2009 Budget Mayor Johnson opened the public hearing at 6:08 p.m. Commissioner Ivins stated amendments/changes have been put out. What gets put out the first time is usually not near what the final product will be. There is one version on line and the final tweaks will be put up on line as well as in the Clerk’s Office. Due to the delay in changes, he has been asked to delay the vote on the budget. They will have a budget workshop next week and then vote on the budget at the next City Council meeting. There are a few changes from yesterday’s handout; the total is now $2.8 million. MVP has contacted the City and stated they will not be hitting the City with a mid year increase; there will probably be a sizeable increase in 2010. We are about $1 million short on sales tax money, but we will have a better handle late fall after the August numbers come out. The major differences from the presentation made a couple weeks ago is now the city engineer and the director of public works has been removed from the cuts, and August traffic has been removed. DPW found other cuts in their budget to offset their changes. Public safety received word that one of their firemen was granted NYS disability retirement, therefore they were unable to cut as much of the 2078 pension and sick leave buyout as much as they originally proposed. This handout is not set in stone. If something is taken out of the list, he would like a cut from somewhere else. The last page are additional suggestions he is making. He reminded some Council members that vouchers are coming in for line items that are proposed to be cut. He asked the Council members to educate their staff so that they don’t pay out of lines that will be cut. He City Council Meeting 6/16/09 would like to start the 2010 budget soon and expects cuts to be tougher than they are this year. They need to keep in mind that the taxpayers have to bear the taxes of whatever the Council comes up with. A budget workshop was set for Monday, June 22nd at 6:00 p.m. The public hearing will be kept open. Commissioner Franck stated he hasn’t had a lot of time to review the line items, so he will hold questions until the workshop. Commissioner Scirocco stated he would like to leave the engineering technician on through the summer. Through other parts of his budget, he can come up with $2,000 to carry this person through the summer. Commissioner Ivins stated that change has already been taken care of and is reflected in the changes distributed tonight. Commissioner Kim stated he has no comment at this time. Mayor Johnson stated he also will defer to the workshop. He thanked Commissioner Ivins for putting off the vote. Commissioner Ivins stated one of the reasons he wanted to vote tonight is this budget is put in place with the idea of starting July 1st. Commissioner Kim stated one of the problems he is going to have is he is the only department that is laying off a person. He wanted to confirm when he is to lay the person off. Commissioner Ivins stated that the lay off should not happen until the vote is taken. Commissioner Kim stated he doesn’t think anyone else is in that situation – the mayor is keeping his executive assistant. Mayor Johnson stated that was correct. Commissioner Kim said public safety is being forced to cut their executive assistant. Commissioner Franck stated he is voluntarily not filling a position that will be open due to a retirement. Al Colucci of 9 Lexington Road confirmed there is $800,000 currently budgeted for comp time in the police and fire. If those dollars aren’t used in the current fiscal year, that would be a ‘temporary’ savings. What happens to those dollars if they are not used – does that money go into a special fund and accrued for payments sometime down the road? If the dollars haven’t been accrued in the past as a reserve for their comp time that would be a one time expense we wouldn’t be able to afford to pay. Commissioner Ivins stated they do keep that money accounting wise by law. We do not have the funds in the bank to cover those if all those people decided to cash in, in any one given year. There is a possibility that more than that can be cashed in – therefore a loss in that line item. Al Colucci asked if would make sense to change the process. If we budget $1 million next year for comp time, then that money should be put aside. Commissioner Ivins stated to be fiscally conservative, Mr. Colucci is correct. We are having trouble keeping undedicated reserve funds now. To be fiscally conservative, the City should be. Commissioner Kim stated they have made it clear to the commissioner of finance how they got to the surplus amount they have. He stated they were being penalized in this latest cut until it was realized it isn’t politically palatable. If any of the police or fire fighters who are eligible to retire come for their accruals, they will come back to the City Council for the money as public safety doesn’t have it in their budget. Even if someone submits their retirement paperwork to the state, that paperwork can be withdrawn right up to the time of the retirement date. Page 2 of 15 City Council Meeting 6/16/09 Mr. Colucci stated this problem goes back many years; it was not created by this Council. The responsibility to correct it may lie with this council and future ones. Commissioner Kim stated we are dealing with federal law which requires certain pay outs. Mr. Colucci stated we can talk about a lot of mistakes made in the past, but we are in the present. In order to solve the current problem, there needs to be a total consensus. He believes the unions need to come to the table; look what happen to General Motors. If we increase taxes by 20 – 25%, we are going to take so much money out of the economy of this City that it will end up being a zero sum gain. A lot of homes are going up for sale in town. People are moving to Wilton. There needs to be a convergence of all departments and all the unions. Chief Moore stated the raises the police received over the past 3 years have been very minimal. Any officer who have accrued comp time over the last 3 years and banked it has lost money. Raises have been in line with the cost of living and interest rates. Banking the comp time sometimes until the City is back on its feet can be more favorable to the City. Mayor Johnson ended the public hearing at 6:40 p.m. but left the public hearing open. Temporary Moratorium on Demolitions Mayor Johnson opened the public hearing at 6:40 p.m. Mayor Johnson stated the latest version of the moratorium was posted on the web on June 8th. That is the version being addressed tonight. Samantha Bosshart, Executive Director of the Saratoga Springs Preservation Foundation thanked the Council for their consideration of a temporary demolition moratorium. The Foundation supports the latest draft of the moratorium. Some of their members stated there is a loop hole that would allow for spiteful demolition of 33% of an historic structure that would destroy its architectural integrity. Please consider sponsoring a minor amendment that would prevent this from happening. They are proposing an amendment would provide a qualifier on the 33% exemption. The amendment would add a sentence to section 3c and would read as follows: “Removal of 33% or less of the floor area as defined in Article 1 Section 240-1.5 of the Zoning Ordinance shall be permitted provided that the portion to be removed was constructed after June 16, 1959.” They have chosen that date as 50 years or older is one of the criteria for inclusion on the National Register of Historic Places. Matthew Jones of Jones Ferradino represents Joe Boff. He addressed the council two weeks ago regarding Mr. Boff’s circumstance. The most current draft removes the City boards including the DRC. The law does not go far enough because it now focuses on the building inspector and denies the building inspector the opportunity to grant a demolition permit even following a determination by the DRC. Part 1 of the process is the DRC granting the relief and Part 2 is the act of the building inspector granting the permit. His client is in a category of one as he is the only applicant in front of the DRC requesting a demolition permit. It creates 3 problems: a legal quagmire for the City, this application has been pending since December 2008, and a fairness argument. He suggested an amendment to the Council which states the building inspector is authorized to issue a demolition permit for any application pending before the DRC as of June 1st, which prevails on the merits after public hearing and comment. John Carusone of 50 East Avenue and has an office at 491 Broadway is here representing 23 Greenfield Avenue, LLC. He is also speaking as a resident of the City. Of all the people who spoke at the last public hearings on the moratorium, no one spoke in defense of the rights of the property owner. His clients have done what the law permits them to do; purchase a building which is not subject to local control and seek to demolish it. It may not be the popular thing to do, but it is their right. Saratoga Springs is not just a collection of buildings; it is the people, the institutions and the architecture that has made Saratoga the envy of many communities. His clients don’t ask much of the community nor do they depend on the Page 3 of 15 City Council Meeting 6/16/09 community to make their living, but they have been enormously generous to Saratoga Springs in terms of time, money, and energy. Their status in the community does not mean they should have special rights, nor does it mean they should be the target of mean spirited remarks or their property rights should be abridge. The Preservation Foundation has sent out e-mails and mass mailings to encourage people to speak out in favor of the moratorium and against the demolition. Mass mailings to citizens to speak up for the rights of individuals would fall on deaf ears. This is a bad law and should not be passed. It is based upon the fiction that several historic structures are currently threatened with demolition. The moratorium should be passed only if the community at large is at risk. This moratorium is targeted at one property and one individual. Where have the preservationists been for the last 25 years? This moratorium is a prelude to adding this property to the historical district. He respectfully requests the moratorium not be passed. Douglas Kerr of 60 State Street is also president of the Saratoga Springs Preservation Foundation. With respect to affects of this moratorium, Mr. Boff would be treated no differently than anyone else. To single him out for special treatment, when he isn’t to the point to be able to apply for a demolition permit, would jeopardize this law. Zoning laws exist to protect the public health, safety, and welfare and to advance the interests of this community. One of the interests of this community is historic preservation. The moratorium will apply equally to everyone. No one will be treated unfairly. He asked the Council to pass this moratorium. Mayor Johnson closed the public hearing at 7:02 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:02 p.m. PUBLIC COMMENT PERIOD Mayor Johnson opened the public comment period at 7:03 p.m. 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. Remija Foy of 95 Oak Street stated difficult times require difficult decisions. Not only must the Council make immediate adjustment to its current spending practices, but there should be meaningful expert projections of the long term liabilities resulting from present contractual obligations. There are 4 lawyers in City Hall: 2 on the Council, a part time city attorney, and a part time assistant city attorney. The 2 lawyers on the Council should stop the politically posturing and focus their legal expertise on ways to explore finding additional sources of revenue for our City. State legislation regarding admission tax at the flat track is discriminatory. The legislation specifically excluded cities with a population of less than 100,000 people from receiving the admissions tax. Saratoga Springs is the only city in New York State with a population of under 100,000 that hosts a major racetrack. We have to wonder why we were excluded from that piece of legislation. The other piece of discriminatory legislation recently written deprives us of our VLT money. Based on some kind of formula which refers to the average income – we are considered a ‘rich’ community and don’t need the VLT money. Whatever happens in Saratoga, the taxpayer is footing the bill for the racing season, SPAC and any other venue that happens to be here. We should challenge the legislature in court. If we can afford to spend $100,000 for lawyers to negotiate union contracts, you can find money to hire the legal experts to challenge the state legislation in order to produce more revenue for our City. We should also be collecting a $1 on every ticket sold at SPAC for a public safety fee. In order to get the attention of the state, public safety should set up roadblocks at Rt. 9, Rt. 50, and Rt. 29 to inspect every vehicle coming in to our city to attend SPAC events. You will be able to write tickets and collect revenues. It will take guts, but is legal. Mayor Johnson closed the public comment period as there was no one else who wished to speak. Page 4 of 15 City Council Meeting 6/16/09 Presentation – CDTA Board Appointment from Saratoga Springs Supervisor Yepsen introduced Georgiana Lynch who is a regional manager for Opinion Environmental Engineering Resources. She is the new representative from Saratoga County to the CDTA Board. The governor has nominated and appointed Georgie to this board. The term is in effective until July 2013. Joanne thanked Mike Ingersoll, the past representative, for all his years of service on the CDTA Board. Georgie advised she is available for questions, comments, and suggestions. She is also ready to take this on. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda with the revisions stated as follows: 1. 2009 Amended Budget Workshop Minutes 5-19-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 6/5/09 $440,250.21 5. Approve Payroll 6/12/09 $423,359.80 6. Approve Warrant 2009 Mid MC1JUN09 $182,240.32 7. Approve Warrant 2009 Regular 2JUN09 $537,319.93 8. City Council Minutes 5-27-2009 9. City Council Minutes 6-2-2009 10. Condominium Resolution Public Hearing Minutes 5-18-2009 Commissioner Ivins stated the amount for the regular 2June09 warrant is $536,759.93. Ayes – All Mayor’s Department Discussion and Vote: Approval for the Mayor to Sign the St. Clement’s Agreement for Camp Saradac and Playground Programs (09-167) Mayor Johnson moved and Commissioner Franck seconded to approve the mayor to sign the St. Clement ’s agreement for Camp Saradac and playground programs. Linda Terricola advised this is an annual approval to rent the St. Clement’s facility for the Camp Saradac program. They will be renting St. Clement’s until July 17th at the rate of $26 per hour. This is the same rate as 2008 and is a reduced rate from the normal rate St. Celement’s charges of $45 per hour. Mayor Johnson advised this facility is used when it is raining and the kids can’t be outside. Ayes – All Discussion and Vote: Approval for the Mayor to Sign the Saratoga Springs Enlarged School District Rental Agreement for Camp Saradac and Playground Programs (09-168) Mayor Johnson moved and Commissioner Ivins seconded to approve the mayor to sign the Saratoga Springs Enlarged School District rental agreement for Camp Saradac and Playground Program as described. Page 5 of 15 City Council Meeting 6/16/09 Linda Terricola explained the rental dates for operation at the school facility is July 20th through August 18th. The hourly rate is $25 per hour, which is the same amount as last year. Ayes – All Discussion and Vote: Camp and Playground Programs and Field Trips (09-169) Mayor Johnson moved and Commissioner Ivins seconded to approve the camp and playground program field trips as described . Linda Terricola stated the Council approved not attending the Great Escape, which is a savings of $8,000. This proposal in front of them is for the planned Camp Saradac trips. In the past, they had spent $30,000 on trips, this year they will be spending $20,000 – a $10,000 savings. Commissioner Ivins stated there is a line which indicates there could be money left over. If that is the case, he would prefer the money not be spent. Linda Terricola stated she did not anticipate any money be left over. Mayor Johnson offered to add to the approval the statement that if any money is left over, it not be spent. Commissioner Ivins agreed to that. Ayes – All Discussion and Vote: Proposed Local Law Re: Temporary Moratorium on Demolition Permits in National District Mayor Johnson this item has been revised since the last City Council meeting. The latest version of the law was posted for public review and disseminated to the Council on June 8, 2009. Tony Izzo stated there are a couple typos – Section 1, second line down currently reads “Permits for Demolition of Individual or Contributing Structures Listed..” should read “…Individually-Listed..”. The same typo exists in Section 2 in the 5th line – should read “…Individually-Listed…”. Mayor Johnson stated there had been some discussion earlier in the meeting for the Council to consider amendments to the new proposed law. He feels they should discuss those amendments and determine whether it is appropriate to vote on this law tonight. Commissioner Scirocco asked if they know what type of impact this moratorium will have. Why the June 16, 1959 date? He would have not problem adding the amendment. The whole idea of doing this is to work through the zoning ordinances. Mayor Johnson stated June 16, 1959 date was included as a structure must be at least 50 years old in order to be included in the national registrar. Commissioner Ivins commended the mayor’s office for pulling this together in a very short period of time. He asked if the City Center is considered part of the historic district. Mayor Johnson advised the City Center is not within national historic district, so it is exempt. Mayor Johnson moved and Commissioner Kim seconded to approve the proposed local law regarding a moratorium entitled Local Law No. 1 for 2009, which is described as a local law to establish a temporary moratorium on permits of demolition of individually listed or contributing structures listed on the National Registrar of Historic Places. The council waived the reading of the local law. Page 6 of 15 City Council Meeting 6/16/09 Mayor Johnson asked if there were any further comments from the Council regarding the inclusion of the amendment that removal of 33% or more of a structure or floor area will trigger the review by the Design Review Commission for waiver. If less than 33% of a structure is to be removed, the application can go directly to the building inspector. It has been suggested to the Council tonight that they add wording to the moratorium that states the portion of the structure to be removed was constructed after June 16, 1959. Commissioner Scirocco stated again he doesn’t have any issues with including that. If zoning was where it should be we wouldn’t have to do this. Mayor Johnson asked if this change is significant enough that this item would have to be postponed for a vote until the next Council meeting. The suggested change was brought forward this afternoon. Tony Izzo stated if it is a substantial change it does need to be re-advertised and brought back again. The addition of a procedure or a timeframe is not necessarily substantial changes. He is not sure on this one. Mayor Johnson stated the second issue is the pending application for demolition on Franklin Street. The mayor asked if they had received anything in writing regarding this issue. Matt Jones stated he sent a draft of the proposed amendment on June 12th. Mayor Johnson stated his concern is the proposed revision for Franklin Street would be significant enough to take this issue out of their hands this evening and postpone it to the next City Council meeting. Tony Izzo stated this proposal from Matt Jones for Franklin Street adds a qualifier to a procedure. Mayor Johnson asked Tony if he is comfortable to provide opinion tonight without further research. Tony Izzo stated he would be comfortable saying the one issue is a substantial change. Mayor Johnson stated given a suspension is already in place; he is going to withdraw this from his agenda tonight for a vote and bring it back at the next City Council meeting. Commissioner Kim stated he is going to bring this item forward on his agenda for a vote without any amendments. He doesn’t believe they should do any amendments as they have had an attorney for 23 Greenfield Avenue here saying this law is unfair and pointed towards them. They way he interprets this is they are going to get sued. Procedurally they have to be absolutely correct on this. The law has been published and now needs to be voted on. He believes the mayor needs a second to withdraw his motion. Mayor Johnson moved and Commissioner Ivins seconded to withdraw the vote. Ayes – 3 Nays – 2 (Commissioner Franck and Commissioner Kim) Discussion and Vote: Acceptance of Donations for the July Concert Series (09-170) Mayor Johnson moved and Commissioner Ivins seconded to accept the donation in the amount of $750 from the Rotary Clu b for the July concert series. Ayes – All Appointment: Recreation Commission Mayor Johnson stated he is please to reappoint Fonzie Lambert to the Recreation Commission. He thanked Mr. Lambert for agreeing to stay on and his service to date. Appointment: Design Review Commission Page 7 of 15 City Council Meeting 6/16/09 Mayor Johnson withdrew this item from his agenda. Accounts Department Presentation: Fixed Asset Update Commissioner Franck stated that in January 2008, the Accounts Department started a fixed asset inventory update to address issues brought forward by auditors relating to GASB 34 compliance. We are pleased at the progress made to date, however the task is far from over. Stefanie Richards will provide a brief update to the Council. Stefanie Richards, the fixed asset clerk reported the Accounts Department is responsible for updating the City’s inventory on an annual basis, produces annual reports to each department at year end, and works with the Finance Department in reconciling money spent throughout the year. This is needed for the City’s annual financial audit. Fixed asset inventory is set by GASB 34 at $5,000. GASB 34 also requires governments to report on their infrastructure assets including roadways, water and sewer facilities, drainage systems, fire hydrants, city owned traffic signals, and street lights. The City adheres to GASB standards. Stefanie further reported that tracking assets becomes easy due to accurate asset inventory. For example, there is a number of ways to track City owned vehicles such as VIN, plate number, make, model, year, department, etc. The fixed asset inventory is used to report claims, manage replacement, and verify vehicle information for the NYS Department of Motor Vehicle. Information needs to be precise as insurance costs are determined from these reports. They are currently working on compiling information on City owned buildings and infrastructure in a manner that will assist all City personnel. Commissioner Franck stated we are one of a few municipalities that are close to being GASB compliant. This is one of those positions that pays for itself as it saves insurance money because of the accuracy. Set Public Hearing: Zoning Map Amendment for 82 South Franklin Street Commissioner Franck set a public hearing for Tuesday, July 7th at 6:55 p.m. Set Public Hearing: Zoning Map Amendment for 69 Lake Avenue Commissioner Franck set a public hearing for Tuesday, July 7th at 6:50 p.m. Set Public Hearing: Zoning Map Amendment for 36 Nelson Avenue Commissioner Franck set a public hearing for Tuesday, July 7th at 6:45 p.m. Discussion and Vote: Woodlawn Oval Planned Unit Commercial Development Expansion (09-171) Commissioner Franck moved and Commissioner Scirocco seconded to accept the boundary line adjustment the Woodlawn Oval Planned Unit Commercial Development. Commissioner Franck advised that a request had been received for a boundary line adjustment to the existing Woodlawn PUD to include currently vacant land into the revised planned unit development. Brad Birge is here to answers any questions. Brad Birge advised this is a boundary line adjustment. Wesley is looking to expand the PUD boundary line to the east to encompass a portion of a previously existing vacant lot. Commissioner Ivins asked how many feet are involved in the expansion. Page 8 of 15 City Council Meeting 6/16/09 Brad advised it is 130 feet to the east. Ayes – All Finance Department Discussion and Vote: Accept Donations – Saratoga’s All American Celebration (09-172) Commissioner Ivins moved and Mayor Johnson seconded to accept the following donation s: $1,000 from Ben and Jerry’s, $100 from Saratoga Salsa and Spice Company, $75 from Bookmakers at the Holiday Inn f or the All American Celebration. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Derby Tours (09-173) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Derby Tours for the All American Celebration as previously distributed. Commissioner Ivins stated this contract is for $300. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract – American History Alive (09-174) Commissioner Ivins moved and Commissioner Scirocco seconded to authoriz e the mayor to sign a contract with American History Alive as previously distributed. Commissioner Ivins stated this contract is in the amount of $750 for General Burgoyne. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract – Michael Wilcox (09-175) Commissioner Ivins moved and Mayor Johnson seconded to authoriz e the mayor to sign a contract with Michael Wilcox for the Saratoga All American Celebration as previously distributed. Commissioner Ivins stated this contract is in the amount of $200 for Gideon Putnam. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract – Saratoga Horse & Carriage (09-176) Commissioner Ivins moved and Commissioner Scirocco to authoriz e the mayor to sign a contract with Saratoga Horse and Carriage as previously distributed. Commissioner Ivins stated this contract is in the amount of $425. Ayes – All Discussion: Invitation to Sheriff Bowen Commissioner Ivins passed out to the Council a letter of invitation to Sheriff Bowen to meet with the Council regarding the County taking over dispatch services. This is not included in this year’s mid year budget changes as it will take a while for this to take effect, if it was to happen. There are technical issues Page 9 of 15 City Council Meeting 6/16/09 that the chief of police and fire have and will need to talk directly to the Sheriff about. It may not happen. It is a savings of $300,000 - $550,000 to next year’s budget. Commissioner Kim stated it is interesting that we are putting the cart before the horse. We should be going to the County first. It is totally false that we are going to be saving all this money. With the exception of Joanne Yepsen, there is no one looking out for his benefit. He knows the savings statement made by Commissioner Ivins is false. Are they willing to hand over a dispatch center to us? Supervisor Yepsen stated that all 23 of the supervisors have to vote on any budget or personnel changes at the County. She doesn’t see how this would be a savings as every municipality contracts with fire and sheriff for services. No municipality gets this handed over for free, there is a contract. She would like to see the numbers run and compare. Supervisor Veitch stated the Board of Supervisors does vote on personnel matters. As far as he knows there has not been any discussion among the supervisors regarding this. They would have to make the proposal to the County first. It is totally up to the Council at this point if they would like to have this pursued. Commissioner Kim suggested asking the chair of the finance committee if they would give this to the City for free. If it isn’t free, what price are they willing to give this to the city. He would be happy to sign a letter to the finance commissioner to ask him if he is willing to give them a dispatch center for free. Commissioner Franck asked one of the supervisors to explain the process Ballston Spa recently took to go through this process. Supervisor Yepsen stated the procedure is to go through the Public Safety Committee. If that committee passes a resolution, then it goes to the Law and Finance Committee, then it goes to the full board. Commissioner Franck confirmed that was the process Ballston Spa went through. Supervisor Veitch stated since there was no addition in personnel for Ballston Spa, they didn’t vote on that. It all happened between the sheriff, Ballston Spa’s police department, and the county administrator. Commissioner Ivins stating it is putting the cart before the horse, but he wants to get the technical and logistical things done first before wasting the Supervisors’ time. If we are loosing major quality, we don’t want to do this. Commissioner Kim stated he is all for the conversation to see what savings if any there would be to the City. Supervisor Yepsen suggested bringing in the chair of public safety. Mayor Johnson stated this is a 2 fold procedure that would be appropriate to have happen at the same time. Commissioner Scirocco stated the Council needs to start talking to the supervisors and let them go back to the county and talk to the other supervisors. No one is really getting anything for free down there. There are a lot of ‘ifs’ here and the cost could outweigh the purpose. Let’s work through the supervisors before we go anywhere. Commissioner Ivins suggested starting discussions with the Public Safety Committee via our supervisors and having our 2 chiefs start discussions with the sheriff regarding technical issues. Commissioner Kim stated they don’t have a problem starting talks regarding the technical aspects. They will reach out to Sheriff Bowen. This doesn’t make sense if we are not going to save money. The second issue is the service aspect. Page 10 of 15 City Council Meeting 6/16/09 Discussion and Vote: Recreation Payroll Transfers (09-177) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the recreation payroll transfers as previously distributed . Commissioner Ivins stated the transfer is from the pickle ball payroll line to the pickle ball sports supplies line. The second is to the volleyball supervision payroll line to cover the deficit there. Ayes – All Discussion and Vote: 2009 Budget Mid-Year Amendments (09-178) Commissioner Ivins pulled this item from his agenda due to the late changes in the budget. A budget workshop has been scheduled for Monday, June 22nd at 6:00 p.m. Public Works Department Discussion and Vote: Visitor Center – Authorize Contract with Ryan Biggs (09-179) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Ryan Biggs for repairs to the Visitor Center. Commissioner Scirocco stated Ryan Biggs will now be preparing a report and providing a proposal for the existing conditions for the permanent repairs at the Visitor Center in the amount of $2,000. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Renewal Agreement with the Unified Court System (09-180) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a renewal agreement with the Unified Court System starting April 1, 2009 to March 31, 2010 . Commissioner Scirocco stated this is a 5 year contract to be renewed yearly. The agreement enables the City to be reimbursed for the cost of maintenance and cleaning service rendered to the court system. The amount of the contract is $41,539.00. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Granite Curbing Contracts (09-181) Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a granite curb contract with Dennis and Ella Fletcher to install 60 linear feet of granite curbing at $35 per linear foot at 5 Madison Avenue in the amount of $2,100. Aye – All Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a granite curb contract with Shirley Lehman to install 115 linear feet of granite curbing at $35 per linear foot at 7 Madison Ave nue in the amount of $4,025. Ayes - All Discussion and Vote: Approval of Change Order for Zandri Construction - Arts Council Restrooms (09- 182) Page 11 of 15 City Council Meeting 6/16/09 Commissioner Scirocco moved and Commissioner Ivins seconded the approval of a change order for Zandri Construction for the Arts Council restroom project in the amount of $ 4,786. Commissioner Scirocco stated the additional work includes unforeseen conditions found during renovations – modified heat pipes, modified wall for unit heaters, changed original steel and add steel, and add door hardware, dimmers, locks in the amount of $4,786. The funding is in the capital budget. Ayes – All Discussion and Vote: Approval of Change Order for Nelson Avenue Drainage (09-183) Commissioner Scirocco moved and Commissioner Franck seconded the approval of a change order for the Nelson Avenue Drainage for the installation of an additional 2 inch sump line in the amount of $1,250. Commissioner Scirocco stated the funding is in the Nelson Avenue capital budget. Ayes – All Discussion and Vote: Approval for Dueco Inc. Invoice (09-184) Commissioner Scirocco moved and Commissioner Ivins seconded to approve an additional charge for a Dueco, Inc. invoice in the amount of $ 1,316. Commissioner Scirocco stated the equipment modification was added as a safety precaution to the bucket truck in the amount of $1,316. The funding is in the capital budget. Ayes – All Discussion and Vote: Street Acceptance – Horseshoe Drive (09-185) Commissioner Scirocco moved and Commissioner Ivins seconded to accept Horseshoe Drive pursuant to a court order as a City owned street. Ayes – All Set Public Hearing – Street Acceptance – Horseshoe Drive Commissioner Scirocco set a public hearing to amend Chapter 201 of the City Code to add Horseshoe Drive to the list of streets for Tuesday, July 7th at 6:40 p.m. Public Safety Department Discussion and Vote: Authorization for Mayor to Sign Contract with Hamilton Watt for Arbitration (09-186) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Hamilton Watt for arbitration. Commissioner Kim stated they received a grievance from the fire fighters. The hourly rate will be $165 per hour and capped at $5,000. Hamilton Watt negotiated this contract in 2006. Ayes - All Discussion and Vote: Authorization for Mayor to Sign School Resource Officer Contract (09-187) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign the School Resource Officer contract. Page 12 of 15 City Council Meeting 6/16/09 Commissioner Kim stated this is an annual contract. The school district contributes 65% of the regular compensation and the City is responsible for 35%. The school pays for any overtime compensation for this position. Ayes – All Discussion and Vote: Authorization for Mayor to Sign NYRA Contract (09-188) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with NYRA for fire prevention and fire fighter services for the 36 racing days and the open house at the NYRA facility in the amount of $64 ,170. Commissioner Kim stated this is an annual contract. We staff a team of fire fighters and an engine at the track. Ayes - All Discussion and Vote: Temporary Demolition Moratorium (09-189) Commissioner Kim moved and Commissioner Franck seconded to amend Chapter 240 of the City Code. Commissioner Kim stated the proposed amendment from the preservation foundation is not a substantial addition and would like to incorporate that. That is adding a Section 3c which states “removal of 33% or less of the floor area as defined in Article 1 Section 240-1.5 of the zoning ordinance shall be permitted provided that the portion to be removed was constructed after June 16, 1959. He asked for a second. Commissioner Franck seconded this for discussion. He thought this was the one Tony Izzo had a problem with. Tony stated the 33% reflects on a fairly critical definition. The other expands on an exemption that is already there. Commissioner Kim put the temporary moratorium up for vote without any amendments. He withdrew the amendment. Commissioner Franck withdrew his second on the amended moratorium and seconded the motion for the original moratorium. Commissioner Kim stated he feels they need to move on this. Commissioner Franck stated he wouldn’t have a problem adding Matt Jones’ amendment on. He feels they need to move forward. He is more comfortable with what the mayor originally had. Mayor Johnson stated he will not repeat what they discussed earlier. This moratorium proposal has taken a fast track. This is only the second meeting as a Council that this has been put forward for acceptance as a local law. Commissioner Ivins stated he agrees they want to move this along. Being the amendment came from the preservation group, he is concerned that the amendment be added in. This is not something they should be entering into lightly. Commissioner Scirocco stated he is not comfortable putting this forward the way it is right now. The administrative hold takes care of everything they need it to take care of right now. Ayes – 2 Nays – 3 (Commissioner I vins, Mayor J ohnson, Commissioner S cirocco) Page 13 of 15 City Council Meeting 6/16/09 Supervisors Joanne Yepsen Legislative and Research Committee Report Supervisor Yepsen reported a resolution was passed at the committee level and the full board to recommendation legislation to the governor to suspend the process regarding access permits on Sacandaga Lake. The governor has put a suspension in place until further notice. They also passed legislation last month in support of keeping the tree nursery open. They received a letter today from DEC stating they are undecided regarding the fate of that property. County Veterans Committee Report Supervisor Yepsen reported they passed a resolution proposing dedicating the highway between Waterford to the Town of Saratoga to the Military Museum in Saratoga Springs as the Saratoga County Veteran’s Memorial Highway. Racing Committee Report Supervisor Yepsen reported she made calls to the governor’s office since the county has not received property tax payment from the state. They stated it is going to happen. The committee is being asked to give input on off track betting. Safe Routes to School Supervisor Yepsen reported the residents, Healthy Transportation Network, Sustainable Saratoga, the school board and district are looking at this. A committee called Safe Routes to School is being put together by the school district. She will be sitting on this committee. They hope to go back to the state for additional grant money that can be used toward this effort. Economic Stimulus Open Forum Supervisor Yepsen reported the process is comprehensive and confusing. An open forum with state agencies will be held to describe what is available and who is eligible. The meeting, co-sponsored by Congressman Scott Murphy will be held July 6th from 3 p.m. - 5 p.m. Matt Veitch Social Program Committee Supervisor Veitch reported they approved the 2009 amounts proposed by the County Youth Bureau for the Youth Development and Delinquency Prevention Program and the Special Delinquency Prevention Program. It is approximately 15% – 20% less in funding from last year. All the money goes to not for profit organizations. Racing Committee Report Supervisor Veitch reported the NYRA local advisory board will be moving forward. There is supposed to be an historic inventory of all the structures at the race course. Each of the 3 sections (county, city and NYRA) has appointed the people with no instructions on how to start the committee. There will be a day Page 14 of 15 City Council Meeting 6/16/09 at the races sponsored by County Supervisors on August 30th; proof of residency will get people into the track for free. Geyser Road Trail Committee Supervisor Veitch reported the engineers have finished their report and sent it to the Southwest Neighborhood Association. He would like to meet with the City regarding the recommendations and the next steps. Global Foundries Supervisor Veitch reported they closed on the land last Wednesday and started clearing the sight today. See career opportunities at www.careers@amd.com. Saratoga Phillies Supervisors’ Night Supervisor Veitch reported June 26th at 6:30 p.m. will be Supervisor’s Night at the Saratoga Phillies game. Sundae on the Farm – Koval Bros. Supervisor Veitch reported there will be a farm display at 313 Brooke Road on June 21st from 1:00 – 4:00 p.m. Mayor Johnson moved and Commissioner Ivins seconded to amend the agenda to add the setting of a public hearing for July 7 th for the moratorium. Set Public Hearing: Temporary Moratorium on Demolition Permits Mayor Johnson set a public hearing for Tuesday, July 7th at 6:30 p.m. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Johnson adjourned the meeting at 8:43 p.m. Respectfully submitted, Lisa Ribis Approved: 7/7/09 Vote: 5 - 0 Page 15 of 15