City Council

November 17, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:30 PM P.H. – 2010 Proposed Budget 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of City Council Minutes 11-4-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Capital Budget Transfer 5. Approve Payroll 11/06/2009 $406,399.95 6. Approve Payroll 11/13/2009 $448,828.77 7. Approve Warrant 2009 Mid MC1NOV09 $111,367.43 8. Approve Warrant 2009 Regular 2NOV09 $826,399.70 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign School Maintenance Agreement 2. Discussion and Vote: Authorization for Mayor to Sign Rental Agreement with the Saratoga Springs City School District 3. Discussion and Vote: Authorization for the Mayor to Sign Rental Agreement with the YMCA of Saratoga 4. Discussion and Vote: Authorization for the Mayor to Sign Rental Agreement with Skidmore College 5. Discussion and Vote: Accept Donations and Basketball Sponsors 6. Discussion and Vote: Camp Saradac Buddy Safety Revision 7. Discussion and Vote: Accept Donation Visitor Center 8. Discussion and Vote: Referral to Planning Board for Advisory Opinion of Zoning Text Amendment – 168 Lincoln Avenue 9. Discussion: Appellate Decision on Recreation Center Litigation City Council Meeting 11/17/09 ACCOUNTS DEPARTMENT 1. Award of Bid: Water Meters to EJ Prescott FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Works Payroll Transfers 2. Discussion and Vote: Mayor’s Department Payroll Transfers 3. Discussion and Vote: Recreation Department Payroll Transfers 4. Discussion and Vote: City Center Authority Payroll Transfers 5. Discussion and Vote: Accounts Payroll Transfer 6. Discussion and Vote: Department of Public Safety Payroll Transfers 7. Discussion: Budget Workshops 8. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Set Public Hearing: Amend the Capital Budget – Church St. Reconstruction Project 2. Discussion and Vote: Authorization for Mayor to Sign a Change Order for Creighton Manning - Church Street Reconstruction 3. Discussion and Vote: Authorization for the mayor to Sign a Contract with Delsignore Construction – Church St. Reconstruction 4. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Rifenburg – Nelson Avenue Drainage Phase IV 5. Discussion and Vote: Authorization for the Mayor to Sign Carpenter-Roslund-Visitor Center 6. Set Public Hearing: Street Acceptance – Floral Estates PUBLIC SAFETY 1. Discussion and Vote: Change Order to Wolfe Security Contract SUPERVISORS Joanne Yepsen 1. Saratoga County 2010 Budget 2. Legislative Report – 11/17 Board of Supervisors Meeting 3. NYS Assembly Public Hearing for the Guardian House 4. Saratoga Children’s Theater for 2010 Matthew Veitch 1. Saratoga County 2010 Budget 2. Saratoga Gaming and Raceway Foundation 2009 Grants 3. NYRA Local Advisory Board ADJOURN Page 2 of 14 City Council Meeting 11/17/09 City of Saratoga Springs City Council Meeting City Council Room Tuesday, November 17, 2009 6:30 PM PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Ron Kim, Commissioner of DPS PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS 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 2010 Proposed Budget Mayor Johnson opened the public hearing at 6:35 p.m. Commissioner Ivins advised tonight we will be taking public comments. He has been meeting with various Council members regarding changes they would like to see. He is taking those changes into effect along with the comments they will be hearing tonight and some new facts. It is projected that we will collect $8.2 million in sales tax. He had budgeted $8 million, so he is comfortable with that number. He is not comfortable with the number he put in for mortgage tax. Last October we brought in $252,000 in mortgage tax, this October we brought in $76,000; a huge decrease. He will probably be comfortable with a Page 3 of 14 City Council Meeting 11/17/09 mortgage tax number of $1 million. On Thursday there is a budget workshop meeting at 10:00 a.m. where he will present the budget changes. There will be another budget workshop on Monday at 6:00 p.m. There will be more public comment at that time. The goal is to finalize the budget by next Monday. John Krause of 227 Grand Avenue congratulated all the winners of the recent election. There are still a number of serious budget issues to be addressed. He sent Commissioner Ivins and Commissioner Franck a list of his concerns. There are major tasks to accomplish: staff reductions, contract negotiations, implement a paid parking plan, sell the Lillian’s Lot, avoid a year end deficit, build the reserve up to 10%, address the issue of a public safety facility, and balance the water and sewer budget without a usage rate increase. He also stated the article in the Sunday paper by Joe Dalton regarding the paid parking was great. The only thing he didn’t include was solutions for the budget gap. He is concerned that because the election is over, the 2010 budget and tax rate is no longer a campaign issue. This may cause consideration for closing the budget gap by increasing the tax rate greater than 7.81%. This must not happen. You have the charge to find and implement the solutions. David Bronner of 5 Royal Henley Court stated in his opinion, a strong message was sent by the residents that they want government spending to be reduced. They also sent a message that they want property tax increases kept to a minimum. Voters also stated they don’t want a police station in a down ecomony – they voted against those who were for the police station. The voters supported the relocation of the recreation center. By bringing the center closer to downtown, any business generated from the use of the center has a better chance of coming to our downtown that going to Wilton. Also, by placing the recreation center on the southside, the building is closer to the youths who need it the most. The voters also want huge expenditures, especially in the Department of Public Safety brought under control. It is time for the unions to make significant concessions. He is retired military after 30 years. He has never had fully covered medical insurance since the day he retired, he pays 20%. Voters also sent the message that they are tired of hearing union officials complain at each Council meeting about the affects of reducing costs and personnel; but they don’t offer any solutions other than to spend more tax dollars and to further burden the taxpayers of the City. We always hear from the union heads, he would like to hear from the leadership – the poice chief and the fire chief – of what the proposed cuts would do. The head of the police union lives in Wilton, so he doesn’t have much of a fiscal stake in this. The police union head wants the people to believe if there are cuts to the force there will be a crime wave sweep through the City; that is not true. The head of the fire union acts like the whole City will burst into flames if we make reductions in the Fire Department. This Council needs to listen to the voters and reduce spending, reduce the number of City employees as needed, keep the property tax to a reasonable amount, and get our fiscal house in order. These cuts should have been made in the May/June timefram. He attended the meeting held in the music hall. You could hardly walk up the sidewalk with all the union brothers being here from other cities. He made comment at that meeting and received threats as he walked out of the building. An example of a threat is “call the EMTs, an old man just fell down the stairs leaving the music center.” We can’t be intimidated by these union members who think if they push hard enough with those type of tatics that we will back away from cuts and insisting they make concessions. Jeff Pfiel of 340 Broadway stated he is concerned about the paid parking in Saratoga Springs. The article written by Joe Dalton over the weekend was right on. The only thing his article doesn’t address is the parking for employees. People in Clifton Park and Albany are lowering their rents. If employers have to supplement employees to park, they are going to lose tenants. We need to keep the employees and tenants here. He asked the Council not to consider paid parking as part of this budget. Kyle York of 59 Railroad Place congratulated everyone on their elections. The big item here is will there be cuts to fire and police. We are not isolated to the economy. Many other cities who have proposed or considered cutting fire and police. This is not unique and you have to deal with it. The voters made it clear that this is not about fire and police, it is about cutting the budgets of those departments. The commissioner of finance asked those departments to cut their budget by 5%, but he was told it couldn’t be done. All that make up that 5% is staff reductions. He studied paid parking for the past 2 ½ years from various cities. Doom and gloom was being stated by every chamber. People get to park for free for 2 hours now before getting a ticket. If we have paid parking, we get the money for those 2 hours plus the fee for a parking ticket if the parking meter ticket runs out. Promises made to not meter Broadway or to keep parking fees low, is only as good as the prsent Council is in place. Page 4 of 14 City Council Meeting 11/17/09 Gary Benacassa of 20 Appletree Lane, Wilton, the DPW Union President stated DPW agreed to a zero percent raise, one health insurance company, and offered the Canadian Drug Plan. What more do you guys want? Layoffs are not the answer to saving the City money. They are already working with less staff than in previous years. There is no other than the City of Saratoga Springs fire and police that he would want to aid him or his family in the need of an emergency. Wade Davis of 13 Sunset Drive stated he came from Albany. Albany has drugs, gangs, etc. and we have it here. He works on the midnight shift. Wanting to cut 25% of the patrol is a lot. There has been talk about $800,000 overtime in the budget. It is a lot, but this is because they are understaffed. Kevin Genier of 51 Hathorn Boulevard and President of the Firefighter’s Union read the following facts/information from the packet he provided the Council at the last meeting: there were 55 firefighers in 1976, there 56 in 2009; the City’s population has increased 10 fold in 30 years; firefighter to citizen ratio is 1:530; the capital region average is 1:390; 1 fire house covers 14 square miles. The fiction is we spend too much money on the fire and EMS protection; the fact is the Fire Department has consistantly come in under budget. The fiction is overtime costs are out of control and getting worse; the fact is overtime costs have been trending downward and is now less than 4% of the Fire Department’s overal expenditures. Partnering with the taxpayers – the fiction is the union never gives back; the fact is the union proposed physical fitness standards to help reduce injuries and abscences due to injuries. Other facts include: the union proposed and accepted reduced salary increases to pay for associated costs to a new retirement plan, the firefighters accepted the City’s proposal to contribute to health care costs (80% plus of union members contribute to health care with 100% contribution within 3 years). In 2006 the firefighters accepted a proposal to reduce their starting pay by over $10,000. This reduction remains in place for 3 years. Saratoga Springs Fire Department provides a valued service. They continue to meet demands despite being understaffed. Robert Murphy of 86 Brook Road, Saratoga, stated he is also a member of the firefighters union. They have only had 1 new position in the past 30 years and functioned just fine under the City budget before the VLT revenue. We got the VLT revenue, then it left, now we have a budget crisis. Their overtime is down and their staffing is the same. He can’t understand why we can’t support a fire department that hasn’t grown since before the VLT revenue. Mayor Johnson kept the public hearing open as there will be another public hearing period on Thursday. CALL TO ORDER Mayor Johnson called the meeting to order at 7:13 p.m. PUBLIC COMM IENT 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. Larry King of 126 Nelson Avenue stated he saw the proposed zoning change on the agenda for Siro’s. He lives near there and is not against it. There are some issues with the parking requirements. They don’t have a way to meet the parking requirements on a year round basis. The neighbors are going to work with John Carusone. He wants to make sure the process is kept clear on how the rules will function. Dave Bronner of 5 Royal Henley Court stated what was not said during the comments regarding the fire fighters are the firefighting equipment is superior to what we had 33 years ago. The number of firefighters need in 1976 and today might not be comparable. It was also said the firemen are contributing to their health insurance. He would be interested in knowing what the percentage is. Page 5 of 14 City Council Meeting 11/17/09 Al Callucci of 9 Lexington Road stated he his holding his commentary on the budget until he sees all the numbers. We are so tied up in the budget that we are becoming unaware of what is going on around us. There are 18 buildings for sale from here down the next 4 blocks. The thing we haven’t addressed is what we are going to do to promote growth in our City. If we don’t generate revenue, we will continue on this cycle. One thing that is missing, and is part of this Charter type of government, is there is no accountability here – if a department is over budget, there is no accountability. Parking ticket revenues are probably going to be down $200,000. If we are short of parking and we are not generating more tickets, there is something wrong. Kevin Genier of 51 Hathorn Blvd. stated if you are going to look into how many firefighters it takes to put out a fire, he would hope a professional would be asked. In regards to an article in the Saratogian on Sunday, a comment was made that it is time for the unions to become part of the solution instead of being part of the problem. The people in the police department and the fire department are workers in this City, not union members. If you accept this budget with the cuts that are in it, you will be putting people in danger. Remijia Foy of 95 Oak Street stated she has to comment on Al Callucci’s takes on our situation. When all else fails – blame the system. That doesn’t hold any water. Gloversville, who has another form of government, and Schenectady, who has a strong mayor, is both faced with a fiscal crisis. We have a failed state legislature. We are in a state of denial. The headlines have not said with an unemployment rate of 10% we are in a depression. We have a national financial crisis, it is not the system; it is not our commission form of government. What you do tonight and in the next few days will impact 2010, 2011, and into 2013. We are all going to have to make a sacrifice. Make a sacrifice, pitch in and help the taxpayers as well as the City employees. It is a test of management skills. Commissioner Kim stated there was a statement about the parking revenues we will be $200,000 under budget. That is not true. As of October 31, 2009, we are about $80,000 down from what we totally collected in 2008. We wrote about 500 more tickets than in 2008. They expect to meet their revenue projections. Mayor Johnson closed the public comment closed at 7:28. Consent Agenda Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as proposed. 1. Approval of City Council Minutes 11-4-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Capital Budget Transfer 5. Approve Payroll 11/06/2009 $406,399.95 6. Approve Payroll 11/13/2009 $448,828.77 7. Approve Warrant 2009 Mid MC1NOV09 $111,367.43 8. Approve Warrant 2009 Regular 2NOV09 $826,399.70 Commissioner Ivins explained the 2009 regular warrant 2NOV09 is now $825,664.34 due to vouchers being pulled during the auditing process. Ayes – All Mayor’s Department Discussion and Vote: Authorization for Mayor to Sign School Maintenance Agreement (09-325) Page 6 of 14 City Council Meeting 11/17/09 Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign the school maintenance agreement as proposed . Mayor Johnson explained this is for the maintenance of the east and west side recreation fields. This is an annual agreement and a proposal to extend the term of it from September 1, 2009 through December 31, 2010. The city attorney worked extensively with the district to better protect the city and the school district. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Rental Agreement with the Saratoga Springs City School District (09-326) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign a rental agreement with the Saratoga Springs City School District as proposed . Linda Terricola stated this is an annual agreement for various gyms. This is the last annual agreement as we will be using our own facility when it opens in the spring. The old rate was $25/hr. and the new rate is $26/hr. Mayor Johnson confirmed that is within budget. Linda advised it is within budget. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Rental Agreement with the YMCA of Saratoga (09-327) Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign a rental agreement with the YMCA of Saratoga as proposed . Linda Terricola explained the change is from $10/hr. to $15/hr. Everything else remains the same. Mayor Johnson confirmed this is for use for the winter program for the Recreation Department. Linda advised this if for the girls and boys basketball City program. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Rental Agreement with Skidmore College (09- 328) Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign a rental agreement with Skidmore College as proposed . Linda Terricola explained there is no change with this agreement. The hourly rate of $10/hr. is donated by Skidmore College. The dollar amount is in place in case of overtime or the need for additional hours. Mayor Johnson stated these fees are self sustaining. Ayes – All Discussion and Vote: Accept Donations from Basketball Sponsors (09-329) Mayor Johnson moved and Commissioner Scirocco seconded to accept the donations as listed. Page 7 of 14 City Council Meeting 11/17/09 Linda advised donations are as follows: Christmas Wish in the amount of $330, 22 basketballs valued at $29.99 each from Bob Farley, Mor-Is-Stored donated office equipment at the value of $500 for the new indoor recreation facility, Saratoga National Bank for a $275 basketball sponsorship, Ernie Mann-Mann Wireless for a $275 basketball sponsorship, Stewart’s Shops for $275 for a basketball sponsorship, Cudney’s Launderers for a $275 for basketball sponsorship, Allerdice Building Supply for a $275 for basketball sponsorship, Holiday Inn for a $275 for basketball sponsorship, and Afsco Fence Supply for a $275 for basketball sponsorship. Ayes – All Discussion and Vote: Camp Saradac Buddy Safety Revision (09-330) Mayor Johnson moved and Commissioner Ivins seconded to accept the Camp Saradac Buddy Safety revisions as distributed to the Council. Linda explained these are revisions for the Camp Saradac Buddy Safety Program. Campers are going to be assessed with their physical abilities for each camp activity. There is a list prepared for each waterfront activity. Ayes – All Discussion and Vote: Accept Donation Visitor Center (09-331) Mayor Johnson moved and Commissioner Franck seconded to accept the donation for the Visitor Center from Ben and Jerry ’s in the amount of $500. Mayor Johnson thanked Ben & Jerry’s for the donation. It was unsolicited and is appreciated. Ayes – All Discussion and Vote: Referral to Planning Board for Advisory Opinion of Zoning Text Amendment – 168 Lincoln Avenue (09-332) Mayor Johnson moved and Commissioner Franck seconded to refer the zoning text amendment for 168 Lincoln Avenue to the Planning Board for consideration and advisory opinion. Mayor Johnson stated they are looking to change the wording of a portion the institutional horse track related section of the zoning ordinance that will allow them to operate the restaurant (not the outside portion) on a year round basis. Currently the existing ordinance limits the use to 90 days. The question is if there is sufficient merit to send it to the Planning Board for their review. The text amendment tries to seek a ‘grandfather’ status for Siro’s as they have been in operation for about 75 years in that location. Commissioner Franck stated there have been problems over the years with that property relating to outside music. He doesn’t have problems with the restaurant being open, but he does have concerns about parking. Maybe they can use some of the outside property they own to accommodate the parking. He will vote for the affirmative. It is important for the owners of the property to try and work something out with the local people. Mayor Johnson stated he echoes that sediment being it is a residential area. The Planning Board needs to look at all aspects of this. He suggested sending their concerns with the referral to the Planning Board. Commissioner Scirocco asked if this would open the door for any other businesses in that area of the same type. Mayor Johnson stated he believes Siro’s is the only one that has that type of limitation. The other businesses are year round businesses. Page 8 of 14 City Council Meeting 11/17/09 Commissioner Franck stated he is not against it being in the neighborhood. The concern is from his understanding is the parking as they don’t own their own parking. Another concern is in the spring before the track opens there is no out door celebrations. Commissioner Ivins stated what he has heard about relates to noise. The neighbors understand it during the track season but they are concerned about it being year round. Mayor Johnson stated the issue of noise and parking would be part of the SEQRA process that would need to be done before this can be approved. Ayes – All Discussion: Appellate Decision on Recreation Center Litigation Mayor Johnson informed the public that the State of New York Supreme Court Appellate Division issued a decision on November 12, 2009 that affirmed the lower court dismissal of the litigation brought against the City by the group known as ‘Friends of the Southside”. The appellate decision was unanimous by all 5 judges. This is a complete vindication of the process we followed. The City was within its power and followed the proper procedure. This was the last legal step that can be taken. The recreation center is on track to be completed by April 1, 2010 and is under budget. Accounts Department Award of Bid: Water Meters to EJ Prescott (09-333) Commissioner Franck moved and Commissioner Scirocco seconded to accept the 2010 price list for water meters from EJ Prescott. Commissioner Franck stated they are the sole distributor of Sensor water meters. Ayes - All Finance Department Discussion and Vote: Department of Public Works Payroll Transfers (09-334) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is: a general fund transfer to overtime Engineering Office from administrative assistant line; sewer fund transfer to sewer administration overtime line from sewer pumps overtime line; and capital fund transfer from capital outlay for Gilbert Road Waterline and Vanderbilt Storm projects to the labor and social security lines to cover actual anticipated costs. Ayes - All Discussion and Vote: Mayor’s Department Payroll Transfers (09-335) Commissioner Ivins moved and Mayor Johnson seconded to approve the Mayor’s Department payroll transfers as previously distributed to the Council. Commissioner Ivins advised this is: a transfer from building inspector, assistant building & construction inspector to building inspector seasonal and assistant building inspector; transfer from building overtime and Heritage Area Coordinator to Heritage Area Specialist and UHAP overtime to cover lump sum payout; to new/correct line program and visitor center assistant part time and to visitor center clerk part time to cover anticipated costs; transfer from Mayor's Office part time clerk to legal part time clerk to cover vacations; transfer from office equipment to phone operator part time to cover vacation. Page 9 of 14 City Council Meeting 11/17/09 Ayes - All Discussion and Vote: Recreation Department Payroll Transfers (09-336) Commissioner Ivins moved and Mayor Johnson seconded to approve the Recreation Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer from bowling, baseball, cheerleading, field hockey, boys’ lacrosse, girls’ lacrosse, volleyball and soccer supervision lines to recreation equipment, service contracts, office equipment and travel lines. Ayes - All Discussion and Vote: City Center Authority Payroll Transfers (09-337) Commissioner Ivins moved and Mayor Johnson seconded to approve the City Center Authority payroll transfers as previously distributed to the Council. Commissioner Ivins advised this is re-adjustment of payroll lines for year end and expansion. Ayes - All Discussion and Vote: Accounts Payroll Transfer (09-338) Commissioner Ivins moved and Commissioner Franck seconded to approve the Accounts Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer from zoning books and repairs line to senior clerk part time. Ayes – All Discussion and Vote: Department of Public Safety Payroll Transfer (09-339) Commissioner Ivins moved and Commissioner Kim seconded to approve the Public Safety Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer from DWI patrol overtime to equipment and supplies lines for purchase of Stalker Radar Unit. Ayes – All Discussion: Budget Workshop Commissioner Ivins stated there will be a budget workshop on Thursday at 10:00 am in the City Council Room. He will be presented the amended budget at that time and make it available to the public through the normal sources (i.e. website, city clerk). The intent is to hold public comments on Monday and take a vote at that time. Discussion: City Finances Commissioner Ivins reported sales tax is in for September. We are only $6,500 down from September of 2008. Looks like we will bring in $8.2 million for 2009 – he is budgeting $8 million for 2010. Mortgage tax is a big concern; $1.2 million was brought in last year. October of 2008 we brought in $252,000 and this year we brought in $76,000; a huge decrease. He will be changing the mortgage tax in the 2010 budget from $1.5 million to $1 million. Page 10 of 14 City Council Meeting 11/17/09 Public Works Department Set Public Hearing: Amend the Capital Budget – Church St. Reconstruction Project Commissioner Scirocco set the public hearing for Tuesday, December 1, 1009 at 6:55 p.m. This is a capital budget amendment for $255,616. Discussion and Vote: Authorization for the Mayor to Sign a Change Order for Creighton Manning – Church St. Reconstruction (09-340) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a change order for Creighton Manning for the Church St. Reconstruction project in the amount of $1,500. Commissioner Scirocco stated Paul Male is here to answer any questions. Paul Male stated the $1,500 is for additional right of way costs to secure the properties. Commissioner Ivins confirmed this amount is in the budget. Paul advised it is in the stimulus package money. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Delsignore Construction – Church St. Reconstruction Project (09-341) Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign the contract with Delsignore Construction for the Church St. Reconstruction Project in the amount of $2, 641,547.00 and the money is in the capital budget. Commissioner Scirocco stated this is a fully funded stimulus project. Commissioner Ivins asked Paul Male to explain this agenda item to the public. Mayor Johnson stated the issue is to explain the delay between the award of the contract and the contract now being presented for execution. Paul Male advised the contract was awarded by the Council on 8/18/09 for $2,642,547. The number the commissioner stated is the correct amount. This project was originally going to be done under DOT funding which was an 80/15/5 project. At the time the stimulus funding was approved, this was a shovel ready project that we submitted and it was accepted. It changed all the reporting requirements and documentation that was required. We had not done one of these projects before. The paperwork did not come in the same format and time like the prior projects came in. The agreements were sent to us from Delsignore and were signed by them; all bonds and insurance requirements were received. It was a combination of all these things as to why it too so long to bring this contract to the mayor to be signed. Mayor Johnson stated there was discussion during the pre-agenda meeting regarding the City’s exposure to potential liability in the interim between the award of bid and the signing of the contract with the work progressing in that interim period. It has since come to his attention that there were hold harmless agreements executed and indemnity provisions that would protect the City. Paul Males stated as far as he knows all the documentation we had was received by the appropriate city officials – city attorney and risk and safety manager. Page 11 of 14 City Council Meeting 11/17/09 Marilyn Rivers stated she checked the bid documents after yesterday’s pre-Council meeting. There was an insurance guarantee certificate and the hold harmless crafted by the City indicates that even if the City doesn’t have the certification of insurance, which we didn’t at the time of the award of bid, the City would still be indemnified and held harmless. We are taking a close look at the contract administration protocol to streamline it moving forward and try to stop these bumps and bruises. The preliminary documents were in place to assist us in managing our liability. Mayor Johnson stated he will support this tonight as all this work has been done, and to not jeopardize the stimulus funding. In the future he wants more attention to the timely execution of a contract after the award of bid. It is not good for the City and raises potential issues. We should not be operating that way as a City. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion and Vote: Authorization for the Mayor to Sign a Contract with Rifenburg – Nelson Avenue Drainage Phase IV (09-342) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Rifenburg for the Nelson Avenue Drainage Phase IV in the amount of $487,880.00 and funding is in the budget. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Carpenter-Roslund – Visitor Center (09-343) Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign a contract with Carpenter-Roslund for the Visitor Center for the exterior wall repairs in the amount of $19,790. Commissioner Franck confirmed there will not be any change orders. Commissioner Scirocco stated there will be no change orders that he is aware of. Commissioner Franck stated he can support this as long as it is under $20,000. Mayor Johnson confirmed this is remedial work. Commissioner Scirocco asked Paul Male to explain. Paul Male advised this is the corner that has severely deteriorated. Now the mirror image of the other side doesn’t have the damage now but you can see where it will in the near future. They are also going to take some precautions on that side. Ayes - All Set Public Hearing: Street Acceptance – Floral Estates Commissioner Scirocco set the public hearing for Tuesday, December 1, 2009 at 6:50 p.m. Public Safety Department Discussion and Vote: Change Order for Wolfe Security Contract (09-344) Page 12 of 14 City Council Meeting 11/17/09 Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign a change order to the contract with Wolfe Security. Ayes – All Supervisors Joanne Yepsen Saratoga County 2010 Budget Supervisor Yepsen reported board met on Friday. There will be a public hearing on December 3rd at 5:30 pm. It is a $278 million budget with a reduction in spending. They will be using some of their reserve fund. Amendments were given to ensure there will not be any layoffs at the County. They did consolidate some positions and reduced some work hours. The vote on the final budget will be December 9th. Legislative Report from 11/17 Board of Supervisors’ Meeting Supervisor Yepsen reported they met today. There will be a special meeting tomorrow sponsored by the County’s Economic Development Committee. It will focus on SEDC to talk about best practices at work in Saratoga County. NYS Assembly Public Hearing for the Guardian House Supervisor Yepsen reported she participated in a public hearing yesterday in NYC. It was held to communicate and learn more about homeless women veterans. There will be recommendations made based upon this public hearing. We are on the state’s radar screen for the state’s project. Saratoga Children’s Theater for 2010 Supervisor Yepsen reported that the Children’s Theater submitted a proposal to the City. She spoke with Commissioner Scirocco today regarding how we can better use the music hall in the future to bring in revenue. The scheduling and coverage is an issue for when the groups want to use the facility. She hopes they can work with the non-profits, bring in revenue and allow the public to use the public facility so it can be a win/win situation. Matthew Veitch Saratoga County 2010 Budget Supervisor Veitch reported no new amendments were put forth in the budget. We are not adding new positions at the County. They will be saving about $38,000 by not filling open positions and reclassifying some of the jobs from full time to part time. Saratoga Gaming and Raceway Foundation 2009 Grants Supervisor Veitch reported this is his 2nd year as chair of this foundation. The foundation was created to give back money to not for profit agencies. They had $30,000 again this year to give away. The foundation has awarded to 17 different agencies. NYRA Local Advisory Board Page 13 of 14 City Council Meeting 11/17/09 Supervisor Veitch reported the board has sent a press release to urge the state to get the Aqueduct VLTs going. It was determined that racing in Saratoga County has an economic impact of approximately $250 million dollars in a 9 county areas surrounding Saratoga County. They passed a resolution in February urging the state to move quickly. The state loses approximately $1 million per day without VLTs. NYRA wants to make capital improvements up to $100 million at Saratoga. 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 8:14 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 12-1-09 Vote: 5 - 0 Page 14 of 14