City Council

DECEMBER 1, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:50 PM - PH - Street Acceptance – Floral Estates 6:55 PM – PH - Amend the Capital budget – Church Street Reconstruction Project 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): (None) EXECUTIVE SESSION: (None) CONSENT AGENDA 1. Appoint Sheila Brooks as Commissioner of Deeds 2. Approval of 11/17/2009 City council Minutes 3. Approval of 11/19/2009 Budget workshop Minutes 4. Approval of 11/23/2009 Budget Meeting Minutes 5. Approve Budget Amendments 6. Approve Budget Transfers 7. Approve Capital Budget Transfers 8. Approve Payroll 11.20.09 $431.980.46 9. Approve Payroll 11.25.09 $435,595.99 10 Approve Warrant 2009 Mid MC2NOV09 $9,629.33 11. Approve Warrant Regular 1DEC09 $2,248,591.30 MAYOR’S DEPARTMENT 1. Discussion and Vote: Economic Development Revolving Loan-Virgil’s House, 86 Henry 2. Discussion and Vote: Economic Development Revolving Loan – Request for Modification 3. Discussion and Vote: Authorization for Mayor to Sign Change Order with Bast Hatfield for Indoor Recreation Facility ACCOUNTS DEPARTMENT 1. Discussion and Vote: Accept donation from State Farm Insurance 2. Discussion and Vote: Fleet Safety Policy FINANCE DEPARTMENT 1. Discussion and Vote: Amend 2009 Capital Budget- Church Street 2. Discussion and Vote: Department of Public Safety Payroll Transfers City Council Meeting 12/01/09 3. Discussion and Vote: 2010 Departmental Fees 4. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend the Capital Budget-Church Street Reconstruction Project 2. Discussion and Vote: Impacts – Suggestions and Possible Solutions to the 2010 DPW Comprehensive Budget 3. Discussion and Vote: Street Acceptance – Floral Estates PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Proposed Amendments to the 2010 Comprehensive Budget SUPERVISORS Joanne Yepsen 1. Planning for our Economic future: Saratoga County, Assets and Needs of each municipality 2. Sustainable Saratoga Task Force Buy Local Program 3. A Retrospective on Transportation: Where We Are and Where We Need to Go, 12/2 7:00 PM at The Saratoga Arts Center 4. WWII Veterans’ Medals from the County 5. Adopt-A-Family Programs Matthew Veitch 1. Update: Economic Development Committee 2. Update: Trails Committee ADJOURN Page 2 of 15  CITY COUNCIL ROOM TUESDAY, DECEMBER 01, 2009 City Council Meeting 12/01/09 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 STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Eileen Finneran, Deputy Commissioner, DPS Patrick Design, Deputy Commissioner, DPW Michele Boxley, Deputy Commissioner, Accounts Joe Scala, City Attorney Matthew Veitch, Supervisor Joanne Yepsen, Supervisor 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 HEARING Street Acceptance: Floral Estates Mayor Scott Johnson opened the public hearing on the acceptance of Floral Estates at 6:53 p.m. Commissioner Scirocco said this is a subdivision on Ingersoll Road. City Engineer Paul Male said that the subdivision was built 6 to 8 years ago and the paperwork has finally been completed and all outstanding issues were addressed for the acceptance of three roads of the subdivision including Azalea, Magnolia and half of Marigold, only the sections of phase 1, 2, and 3. Seeing that no one wished to speak on the street acceptance, Mayor Scott Johnson closed the public hearing at 6:56 p.m. Amend Capital Budget: Church Street Reconstruction Project Mayor Scott Johnson opened the public hearing on the amendment to the capital budget at 6:56 p.m. Commissioner Scirocco said the amendment to the capital budget was for the Church Street Reconstruction project. City Engineer Paul Male explained that funds were included in the City’s capital budget for Creighton Manning as design engineer but fees for construction observation, inspection and contract administration were not included and the amount of the amendment is $255,616. He said that the money is coming from the stimulus funds. Commissioner Ivins asked what portion of the project was funded by the Saratoga Hospital. Paul Male explained that the hospital contributes funds to cover a portion of the cost incurred when the City conveyed Van Rensselaer Street and they are paying to improve Myrtle Street. In response to an inquiry from Commissioner Ivins as to the status of the project, Paul Male explained that the project is about 50% complete; striping has been done, the 12-inch waterline has been extended, curbs Page 3 of 15 City Council Meeting 12/01/09 and sidewalks are complete and the curb and sidewalk are installed on one side of Myrtle Street, and new fencing was installed on the Myrtle Street side of the DPW complex. He said that two signal poles are drilled into the rock and that work will be finished in the next few weeks. The total project must be topped and a piece on Van Rensselaer Street must be reconstructed. The contractor is expected to pull out within a week and will return at the beginning of April. Seeing that no one wished to speak on the amendment to the capital budget, Mayor Scott Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Scott Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period at 7:01 p.m. Al Callucci, 9 Lexington Road, Saratoga Springs said that the City Council should be more conservative with their revenue expectations for 2010 particularly because of situations with primary sources of revenue such as Skidmore College. He cautioned the Council to be conservative and examine all projections closely or the Council will be forced to re-examine and amend the budget mid-year, and will have to contend with a continuation of this cycle in 2011. Seeing that no one else wished to speak, Mayor Scott Johnson closed the public comment period at 7:05 p.m. CONSENT AGENDA 1. Appoint Sheila Brooks as Commissioner of Deeds 2. Approval of 11/17/2009 City Council Minutes 3. Approval of 11/19/2009 Budget Workshop Minutes 4. Approval of 11/23/2009 Budget Meeting Minutes 5. Approve Budget Amendments 6. Approve Budget Transfers 7. Approve Capital Budget Transfers 8. Approve Payroll 11.20.09 $431.980.46 9. Approve Payroll 11.25.09 $435,595.99 10 Approve Warrant 2009 Mid MC2NOV09 $9,629.33 11. Approve Warrant Regular 1DEC09 $2,248,591.30 Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve the consent agenda as described and listed. Commissioner Ivins noted that item number 11 of the consent agenda, the regular warrant 1DEC09 is now $2,247,153.38. Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Economic Development Revolving Loan-Virgil’s House, 86 Henry (09-345) Bradley Birge, Director of the Office of Planning and Economic Development said that the City’s Economic Development revolving Loan Program is funded by the U.S. Housing and Urban Development with the intent to provide assistance to businesses to create full time employment for persons of low or moderate income. He explained that one or two of these types of applications come before the City Council each year; Page 4 of 15 City Council Meeting 12/01/09 this particular application is for $25,000 to assist Virgil’s House. The loan has a fixed rate of 5% per year for a term of seven years which is consistent with the last round of funding approved by the City Council. Mayor Johnson asked how much money is available for similar purposes. Bradley Birge replied that the City has about $130,000 available to lend at this time so this $25,000 loan leaves a substantial amount for other businesses to borrow should they wish to apply. The program is funded by the U.S. Department of Housing and Urban Development as funds that come to the City as they are loaned out and as the loans are paid the money is re-capitalized and provided for additional lending. Mayor Johnson said that the funds are not from City coffers and Bradley Birge acknowledged that the funds are from the federal government specifically identified for this type of activity. He said the City retains the interest as the loans are re-paid. Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the loan as described. Ayes - All Discussion and Vote: Economic Development Revolving Loan – Request for Modification (09-346) Mayor Johnson said that this is a request by Paul Tommell of Gilbert Road for a modification of a current loan. Bradley Birge explained that the original loan was in the amount of $75,000 at a 5% fixed rate for ten years with repayment in five years by regular monthly payments with a balloon payment due at the end of five years. He said the applicant is requesting permission to extend the loan with the same monthly payments to ten years, eliminating the balloon payment. Commissioner Franck asked if the loan would be paid off in an additional five years and Bradley Birge said it would. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve the loan extension as described. Ayes - All Discussion and Vote: Authorization to Sign Change Order with Bast Hatfield for the Indoor Recreation Facility (09-347) Mayor Johnson said that the change order amounts to a net figure of $21,696 and is comprised of about five different items such as additional footings to the foundation not previously part of the contract, some credits, changes to the gypsum wall panels and sub panels put in place for the interior and structural roofing components. He said that with the accumulative change order of $21,696 the project is about $950,000 under the amount bonded. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to approve and authorize the mayor to sign the change order of $21,696. Ayes - 4 Nays - 1 (Commissioner Kim) ACCOUNTS DEPARTMENT Discussion and Vote: Accept Donation from State Farm Insurance (09-348) Commissioner John Franck moved and Mayor Scott Johnson seconded to accept a donation of three desks valued at $25 each from the State Farm Insurance Company to replace broken desks in the Accounts Department. Ayes - All Discussion and Vote: Fleet Safety Policy (09-349) Page 5 of 15 City Council Meeting 12/01/09 Commissioner Franck said the Fleet Safety Program was originally adopted by the City Council on November 5, 2003 and amended in February of 2004 and again in October of 2005 and this latest draft revision is a proactive response to the City’s automobile losses over the last two years. Marilyn Rivers, the City’s Risk and Safety Director explained that the City’s Safety Committee has been working for the last two months on the policy to clean it up and streamline it because there have been problems with non-compliance in City vehicles. Employees are refusing to wear seat belts, using their cell phones while driving, and smoking in the vehicles. She said there are also problems in managing the fact that driving a City vehicle is a privilege and not a right; employees are not reporting to their supervisors that they have been arrested for driving under the influence of drugs or alcohol and the lack of report to supervisors or department heads is often discovered weeks after the incident which puts the City at risk. Although a lot of money is being spent on continuous driver education to instill safe driving habits, there are frequent accidents often involving the same individuals. Marilyn Rivers said that the policy being presented to the City Council tonight ties an employee’s driving privileges to the employment standards adopted by the City’s Civil Service Commission in 2005 when they strengthened relevant job descriptions to require that employees must maintain a valid driver’s license. The policy mandates an employee to inform the City if he/she is arrested for driving under the influence of drugs and alcohol; sets clear expectations for the use of seat belts and cellular phones while driving a City vehicle and/or motorized equipment. The policy also establishes clear expectations for smoking and using drugs and/or alcohol in or while driving a City owned vehicle and/or motorized equipment and provides for accountability in the use of City owned vehicles when used for City business, on-call positions and personal use. Marilyn Rivers said the policy supports the New York State (NYS) Department of Labor workplace violence legislation regarding the prohibition of weapons in City owned vehicles or in personal vehicles parked on City owned property other than police. The policy removes any exceptions to allowing an employee to drive a city vehicle when the driving standards are not being met per the NYS Vehicle and Traffic Laws. Mayor Johnson asked how many vehicles are used beyond a standard work day and Marilyn Rivers responded that approximately 15 vehicles are being taken home on a regular basis. She thanked Deputy Commissioner Kate Jarosh and City Attorney Joe Scala for their help in researching and revising this policy to make it more fiscally responsible. Commissioner Kim said that the executive contract for the chief and assistant chief of police mandates that they must have continuous access to a car. Marilyn Rivers responded that permission to do so was granted by the City Council. Commissioner Kim said he is unclear as to what is being voted on tonight and Marilyn Rivers explained that option A is the version put together by the Safety Committee and presented tonight highlighted in yellow. She said that committee representatives of the Police and Fire departments recommended revisions presented tonight highlighted in teal but the Safety Committee could not come to consensus on those recommended changes so Risk and Safety brought forth both options for City Council consideration since the Safety Committee is a multi-disciplinary advisory board that can only make recommendations to the City Council because it is the City Council only that can establish City policy and make City laws. She said that there are individuals from every City department on the Safety Committee that are committed to work for the City Council to mitigate the City’s risk and liability. Marilyn Rivers said that when the redraft of option A was developed it was with the knowledge that the police chief, assistant police chief and the captain had within their current labor agreement as approved by the City Council the contractual mandate to have a take home vehicle and other employees who use their personal vehicles for City business have the right to be paid the mileage rate set by the Internal Revenue Service. She read the description of the parameters regarding the use of city owned vehicles from the current labor agreement of the police administrative officers’ contract, which is the only City labor contract containing those mandates, which option A protects. Commissioner Franck stated he is proposing option A to the Council tonight. Commissioner Kim confirmed with Marilyn that option A does conform with the current collective bargaining agreement. Marilyn stated that was correct. She further explained the old policy stated that City Council could agree to assign a City vehicle only to designated positions but the proposed policy requires only that the mayor or commissioners provide a list of take home vehicles and drivers to the City Council for approval. The proposed policy is broader and gives the City Council more decision power with fewer limitations. Page 6 of 15 City Council Meeting 12/01/09 Commissioner Scirocco asked if the City Council must give permission for either the DPW commissioner or deputy to drive a City owned vehicle home. Marilyn Rivers said that Council approval is required because there are costs associated with take-home vehicles and the policy is trying to increase fiscal accountability so City Council approval of each take-home vehicle is required to track and document the cost from a financial perspective. Commissioner Scirocco asked about section 19 of the policy that requires a driver and second employee to be in the cabs of the larger trucks for safe operation. He said that when they plow, there are spotters available in tight areas to assist in safely backing or directing the vehicle but to require two persons in each large vehicle is not feasible especially given the 2010 reductions in DPW staff. Marilyn Rivers said that the mandatory requirement for two persons in the large dump trucks came about because of a serious accident involving a city plow and a mom and her children that resulted in a 7-figure settlement that the City will be paying for the next 25 years. The City’s insurance company mandated 2 people in a dump truck at that time. She explained that fire trucks were included in the requirement because there have been several accidents involving fire vehicles that resulted in large property losses and the Fire Department representatives on the Safety Committee requested that fire trucks be included in this mandate since fire trucks are the most expensive pieces of City equipment. She emphasized that this policy was developed by and is comprised of recommendations from the Safety Committee. Commissioner Scirocco said it is a good policy but this section concerns him because of staff issues. He asked and Marilyn Rivers confirmed that if this option is passed by the City Council tonight, then each time a large dump truck is sent out it must have two people in the cab or it cannot leave the City garage. He said he cannot support the policy because that staffing requirement will hinder the operation of the Department of Public Works. Commissioner Kim said that the Fire Department is also concerned about this policy because of the pending staff cuts. He noted that even at current staffing the large ladder truck is often sent out with one person in the cab. He asked that the policy be reconsidered in light of the current staff cuts required by the 2010 budget. Commissioner Scirocco stated they have 51 dump trucks, so they are talking about 100 people every time those trucks go out. Marilyn suggested making a friendly amendment to say snow removal. Commissioner Franck said he would have no problem amending the policy to list snow plowing only and the policy can also be amended again over the next few months if necessary. Commissioner Scirocco said it is cost prohibitive to have two people in every dump truck. Marilyn Rivers explained that something must be done because the City’s loss ratio is deteriorating and the insurance company has requested that the City develop stronger policy; if the City does not start to manage its losses, the cost of City insurance will skyrocket. Commissioner Franck said that the Safety Committee meets regularly and if the policy is approved tonight as presented, it can be amended as often as necessary. Commissioner John Franck moved to approve the option A only of the Fleet Safety as distributed. Commissioner Ken Ivins seconded for discussion . Commissioner Ivins asked if item 19 in the policy could be changed to indicate snow removal only. The motion was changed to include the friendly amendment as follows: Commissioner John Franck moved and Commissioner Ken Ivins seconded to approve the Fleet Safety Policy option A as presented with item 19 amended to city-owned, leased, or maintained “commercial vehicles for winter snow removal activities …” Ayes - 4 Nays - 1 (Commissioner Kim) Page 7 of 15 City Council Meeting 12/01/09 FINANCE DEPARTMENT Discussion and Vote: Amend 2009 Capital Budget- Church Street (09-350) Commissioner Ken Ivins moved and Mayor Scott Johnson seconded to amend the 2009 capital budget for the Church Street Reconstruction project in the amount of $255,616.00 contingent upon approval of the DPW agenda item number 1. Commissioner Franck: Aye Commissioner Ivins: Aye Commissioner Scirocco: Aye Commissioner Kim: Aye Mayor Johnson: Aye Ayes - All Discussion and Vote: Department of Public Safety Payroll Transfers (09-351) Commissioner Ken Ivins moved and Commissioner John Franck seconded to approve Department of Public Safety payroll transfers as previously distributed to the City Council including transfers from firefighters salary line to firefighters comp time line and firefighters overtime line; from the police sergeant line to holiday pay line; from dispatchers line and police investigators line to dispatchers overtime line; from the fire lieutenant line to fire holiday pay line; from juvenile aid comp time line to juvenile aid overtime line; from police captain line to information technology systems manager lines; from police officers line and police overtime line to police comp time line . Ayes - All Discussion and Vote: 2010 Departmental Fees (09-352) Commissioner Ken Ivins moved and Mayor Scott Johnson seconded to approve the 2010 Departmental fees as previously distributed. Commissioner Ivins clarified that two Recreation Department fees are at the bottom of the list and Commissioner Scirocco corrected a typo and confirmed that the 2010 fee for residents to rent the Casino is $2500, a $100 increase. Ayes - All Discussion: City Finances Commissioner Ivins said that as of midnight November 30th the budget he proposed on October 6, 2009 became the 2010 Comprehensive Budget and includes the revenues and expenses for the general fund, water fund, sewer fund, capital fund, debt service fund and subsidiary budgets of the City Center Authority, the Downtown Special Assessment District and the West Avenue Special Assessment District. He said that there are people trying to amend the budget tonight but otherwise, as he understands the City Charter, the City Council will have an opportunity at the first City Council meeting in January to make changes. He said that he intends to maintain and not change the tax rate but to move things around to fix and reflect recent changes such as mortgage tax income and recently announced retirements. PUBLIC WORKS DEPARTMENT Discussion and Vote: Amend the Capital Budget-Church Street Reconstruction Project (09-353) Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to amend the 2009 Capital budget for the Church Street Reconstruction Project in the amount of $255,616. Page 8 of 15 City Council Meeting 12/01/09 Mayor Johnson noted that a public hearing was held earlier in the meeting to amend the City’s capital budget to reflect increases in the costs of the project which is funded by Federal stimulus funds so no city money is being expended regarding this amendment. Commissioner Franck: Aye Commissioner Ivins: Aye Commissioner Scirocco: Aye Commissioner Kim: Aye Mayor Johnson: Aye Ayes - All Discussion and Vote: Impacts – Suggestions and Possible Solutions to the 2010 DPW Comprehensive Budget (09-354) Commissioner Scirocco said that at the November 23 City Council meeting the City Council voted against the October 6 comprehensive budget and because of further inaction, that budget is now the City’s 2010 Comprehensive Budget. He said that Commissioner Ivins asked departments to submit changes and amendments back in October and the Department of Public Works complied but those changes were altered by Commissioner Ivins and another budget was presented to the City Council on November 13- a budget that would have devastated the DPW because there were so many areas of weakness within that budget and it would not have been possible to run the department and maintain services to City residents. Commissioner Scirocco said the October 6 budget was developed by Commissioner Ivins without input from Public Works and included cuts where none should have been made. They adjusted that budget and gave Commissioner Ivins the reductions where he believed cuts could be made and the department could still function in an efficient and effective way. The October 6 budget is far from perfect. The department can operate within those means with a few modifications. Commissioner Scirocco believes that changes should be made now to reduce the impact on the department and the City residents. He said that if the changes are made in January the transition between budgets will not be seamless; people would have already been laid off and services reduced. Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to allow all departments to make adjustments and changes to their 2010 departmental budget allocations as shown in the October 6, 2009 Comprehensive Budget without increasing the overall bottom line and that all adjustments be submitted to the Finance Office by the close of business Monday December 7. He said that this would allow each Council member to run their departments as they were elected to do in the most cost effective and efficient manner with all lines being funded appropriately. He said the changes would be budget neutral and only a matter of transferring money from one line to another. Commissioner Scirocco commented that because there is no impact to the bottom line no further Council action or review is required other than acceptance of the transfers. Commissioner Scirocco credited the work of Commissioner Ivins for putting the budget together but he believes that the Finance Department and other departments do not know and understand how to run the Department of Public Works and he wanted to put something forward in order to have a seamless transition from the 2009 to the 2010 City budget. He said there were cuts made that could hurt the residents of the City and he is asking permission for all departments to be able to make transfers and adjustments to their 2010 budget and submit them to Commissioner Ivins by December 7. He said that where the funds are in each department should be left to each department head as long as the total amount of the 2010 budget and tax levy remain as indicated in the October 6, 2009 Comprehensive Budget. He said it would only change the way a department is run and the way services are provided to the people; Council members should have the right to do whatever is in the best interest of the residents to provide the best in City services. Commissioner Scirocco continued to advise that when they voted on the budget on November 23, he was confused because what they were voting on was the comprehensive budget and the comprehensive budget was voted down. Whether they follow the Charter or not, he believes the City Council has a right to do whatever they need to do that is in the best interest and provides services to the people in the City. Page 9 of 15 City Council Meeting 12/01/09 Mayor Johnson stated for clarification and Commissioner Scirocco confirmed that if passed, the motion essentially would allow Council members to make changes to the 2010 budget and present those changes by the close of business Monday December 7. He said there is a whole budget process as set forth within the City Charter and there were budget workshops accordingly and now a comprehensive budget is in place as of November 30, 2009 by the City Charter. At a workshop on November 19, Commissioner Scirocco suggested that he could come back with recommended amendments to his and other departments’ budgets and Mayor Johnson responded by requesting that all suggested amendments and changes be submitted by the close of business on Friday November 20 to give the City Council time to review the changes prior to the November 23 budget workshop. Mayor Johnson said this is the process set forth in the City Charter and no suggestions or proposed modifications were submitted to either the October 6 or the November 13 proposed budgets. He said that this motion is a procedure that is out of place because the time to put this forward would have been during the workshops and not after the November 30 deadline for a comprehensive budget to be in place and he suggests waiting until after January to propose changes. Commissioner Kim said that after reviewing the City Charter he is not sure that there is any prohibition within the City Charter regarding modification to the [2010] City budget once it has been adopted as of the November 30 deadline. He said under his agenda he plans to make a motion to essentially do the same thing with a slightly different process and he would support Commissioner Scirocco’s motion. Commissioner Kim said he attempted to have a meeting with Commissioner Ivins prior to November 30 and it appears in the Charter that it is up to Commissioner Ivins to call a budget workshop and he did not call another workshop. Commissioner Kim said that the Public Safety proposals being made tonight were not necessary during the budget workshops and not known until very recently but the practical aspect is that without raising the total of the 2010 budget, by moving money around the public safety budget, they can save the jobs of three police officers, two firefighters and one traffic control maintainer and to wait to January 1 to do this is not realistic. Commissioner Scirocco said that with the short week of November 23 there was no time to meet before the November 30 deadline. He said that he is asking for an opportunity to run his department as he was elected by the people to do. He voted for the October 6 budget because he felt it was the better of the 2 budgets presented to provide services. It made sense to him to go back and take a look at it and say this is what we have to work with in 2010. It really isn’t going to change anything other than to provide services in a seamless way. It doesn’t change the bottom line or the numbers they were given. He is not asking for anything more. He is asking to be able to run his department like he was elected to do. He wouldn’t tell any other commissioner how to run his department. His expertise is in public works, that’s why he ran for public works. It is doable as far as the city Council and the Charter. To extend the deadline a few more days isn’t going to hurt anything; it is going to provide services better to the people of this City. Mayor Johnson questioned why the proposed amendments are not being put forth first instead of seeking City Council’s approval to submit amendments and changes without the Council knowing the specific changes. Commissioner Scirocco stated after January 1 they wouldn’t have to come to the Council every time they have to make a decision in the department. Commissioner Ivins said that this request involves moving money from one item to another which is a transfer and transfers always require City Council approval. Commissioner Scirocco stated he is talking about everyday operations of the department. Commissioner Ivins stated he is not talking about every day operations; he is talking about moving money from one line to another. Commissioner Scirocco stated that is correct. Commissioner Ivins stated that is a transfer and transfers have to come to the Council. Commissioner Kim asked if the City Council would accept an amendment to the motion stating that once proposed changes are submitted on December 7 then the City Council could meet to vote on the transfers. Page 10 of 15 City Council Meeting 12/01/09 Commissioner Franck stated he has a problem with this as Commissioner Scirocco voted for the comprehensive budget and now he is trying to amend it. He feels that Commissioner Kim may have a valid argument but he can’t understand why Commissioner Scirocco wants to change something he voted for- the budget he supported. He said that if there is extra money to transfer in your line items, he would prefer to use it to reduce the tax rate. He reminded Commissioner Scirocco that because there will be a new Commissioner of Public Safety in January, the votes may not be there for this in January and they do not seem to be there now. He said that if Commissioner Scirocco had come forward during the process with revenue neutral changes, the votes might have been there. Commissioner Franck said that each Council member has been elected to run their department but there are deadlines and the deadline for this has come and gone. He said that Commissioner Kim’s proposal is based on situations that occurred very recently and is valid to be brought up in January because he now has numbers that were not there prior to November 30th. Commissioner Ivins said he pulled the November 13 amended budget because he didn’t have the votes for it, which is why he went back to the October 6 comprehensive budget. There was discussion recently regarding a meeting November 30 and he explained the logistical problems in doing what was proposed. He said that he asked for amendments at every workshop and the Charter speaks on transfers and amendments with the first line stating “during the fiscal year” which in this case begins January 1, 2010 which is the first date where the City Council can approve changes to the 2010 budget. Commissioner Ivins said he is willing to review everything and bring it to the first meeting in January and he reminded the Council that the Charter specifically states that the transfers/changes must be brought forth the Thursday before the City Council meeting and he would not be comfortable with any other process. Ayes - 2 (Commissioner Scirocco and Commissioner Kim) Nays - 3 (Commissioner Franck , Commissioner Ivins, and Mayor Johnson ) Motion fails Discussion and Vote: Street Acceptance - Floral Estates (09-355) Commissioner Anthony Scirocco moved and Mayor Scott Johnson seconded that Section 201-1 of the Official Street list entitled Street Naming and Numbering be amended to include the following roads as public streets: Azalea, Magnolia and the portion of Marigold numbers 36 through 40 with the remaining portion of Marigold and Lilac to be accepted for snow removal only contingent upon the developer filing all necessary deeds and easements in the Saratoga County Clerk’s Office with written proof provided to the Saratoga Springs City Attorney ’s Office and upon receipt of this documentation and a minimum of one year letter of credit for maintenance security, any existing letter of credit would be released. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Proposed Amendments to the 2010 Comprehensive Budget (09-356) Commissioner Ron Kim moved and Commissioner Anthony Scirocco seconded to make amendments to the 2010 Comprehensive Budget adopted on November 30, 2009 as submitted . Commissioner Kim said there are three reasons this has been done, first is today the fire chief and the police chief announced their retirements and this creates a savings within the public safety budget due to the senior status of the two individuals. In addition to that, the second source of savings is that the cuts of seven firefighters and officers comes down to specific budget lines for each officer and firefighter and no two are alike, because, for example, of varying health plans, some may have veterans benefits that change their salary, some have different education credits that are contractual. Therefore, when making cuts, the salary situation of each person to be laid off must be examined closely and in doing so it was discovered the people cut originally are not the people that will most likely be laid off so there are significant savings realized from determining who can actually be cut. He said that in addition there are savings within the lines Page 11 of 15 City Council Meeting 12/01/09 of 207a and 207c which are lines that fund the disability of police or fire related injury in the course of duty. He said that a contract was negotiated a couple of years ago and, as a result, no one has used those lines so there are savings. Commissioner Kim explained that with these savings the department is able to come up with a balanced amendment that moves $266,671.00 from different lines to other areas with a net result that saves the jobs of three police officers, two firefighters and one traffic control maintainer and this is what is being proposed to the City Council. He said that the problem with waiting until January 1 is that the people will have been laid off because the letters have to go out December 2 and this is a way to keep these individuals, and reduce as many layoffs as possible without increasing any bottom line expenditure or the tax rate. Commissioner Kim said that the traffic control maintainer is a position within the police garage that functions as backup for the person who repairs traffic signals and is also the person who paints the traffic control lines and stripes on the streets; it is required by New York State law to have two people performing this task, one to paint the lines and the other to ensure that no one hits the person painting the lines. Commissioner Ivins said that these numbers are probably right but since is the first time they have been presented he can’t certify whether they are correct or not and that is the job of the Commissioner of Finance so he can’t vote on anything when he can’t certify the accuracy of the numbers. He said there are some variables here because the police chief did not actually give us a retirement date so it is unknown what the exact savings are for that position and if it is being filled internally there are variables that depend on who fills that position. He said he has not seen any retirement papers at all so he does not officially know whether people are actually retiring and the other key factor is that even if they have submitted the paperwork, it could take as much as ten days to reach the commissioner’s office and the individual has up to twenty-four hours before the date they set for retirement to rescind those papers so these things could change. He said he not comfortable with any of this and he will not support this motion. Commissioner Kim said that both chiefs submitted their paperwork and Chief Cogan has reportedly set his date of retirement as December 25. He thanked Jim Ruhle for producing the numbers and working hard to come up with the proposed amendments. He has no problems working with the Commissioner on this; the issue is whether the Council would entertain this proposal. Commissioner Ivins said that once a retirement is declared, it has to occur within a window of 30 to 90 days so he is waiting to see the paperwork to determine the exact date to determine the specific numbers. Commissioner Kim questioned whether the issue is the numbers and the paperwork or is it a desire that no action be taken on this until January 1. Commissioner Franck asked if a new fire chief and police chief would be hired and Commissioner Kim responded that they are required to do that but there will be savings such as longevity and increments. Commissioner Franck said that he is not sure that the votes would be there in January and if the individuals that are laid off would in fact be restored because it might be discovered that the sales and mortgage tax revenue come in lower than predicted and there might not be money available to restore some of those positions. Commissioner Franck said he does not know who was being hired to replace the chiefs and whether the hiring would be done from within or outside the City - there are too many variables to support this motion. Commissioner Kim said that given the scenario of promoting from within, it is a ripple effect based on a head count essentially provided by the Comprehensive Budget and his Department is trying to give the City Council the opportunity to save more jobs because his assumption is that every one of the people slated to be laid off has been trained and certified with City money which is now going to be wasted so although things could change, restoring these jobs is the sensible thing to do. Commissioner Franck said that he is not supporting these proposed amendments at this time because there are too many uncertainties and it is particularly bothersome that there is an assumption that the votes for this would be at the table in January and he not sure if that is true. He said there are too many unknown factors including the retirement dates, the collective bargaining agreement stipulations, Civil Service rules as to whether the chief has to be from within the department or if they can be appointed from outside the City and whether or not the new commissioner could or would change an appointment, and whether the Page 12 of 15 City Council Meeting 12/01/09 money will be there in order to restore the jobs. Commissioner Kim clarified that the City’s Civil Service Commission requires that fire and police chiefs be promoted from current Civil Service lists comprised from tests taken by current employees. Mayor Johnson asked if the proposal includes not filling a police lieutenant’s position of $70,000 per year as well as the fire assistant chief in the amount of $82,000 per year. Commissioner Kim responded that the ripple effect created by the appointments of the new chiefs forced their decision to sacrifice two command level positions, one on the police side and one from the fire side. These positions are being used as numbers and that decision could easily be addressed by the in-coming commissioner, but essentially vacating a command position on each side would get the best bang for the buck for the City. This is simply a managerial decision that it is more important to have the firefighters and police officers and traffic control maintainer than to have the two command positions which would be vacated by internal promotions. He said that this proposal is entirely consistent with the labor contracts and any cut being made here does not impact, negate or change any terms of any of the collective bargaining agreements; these are cuts that can be made that could easily be changed by the new administration. Ayes - 2 (Commissioner Scirocco and Commissioner Kim) Nays - 3 (Commissioner Franck , Commissioner Ivins, and Mayor Johnson ) Motion Fails Addition of Public Safety Agenda Item (09-357) Commissioner Ron Kim moved and Commissioner John Franck seconded to add an item to the Public Safety agenda to announce retirements. Ayes - All Announcement of Public Safety Retirements Commissioner Kim announced the retirement of Fire Chief Robert Cogan and Police Chief Edward Moore. He asked both chiefs to address the Council if desired. He thanked both men for their service and contribution to the City and commended them for their dedication. Commissioner Scirocco said he has known both men for over thirty years and the City is losing two very dedicated people and he hopes they enjoy their retirement. Mayor Johnson thanked both men on behalf of the City for their dedication and commitment to the City for many years. Commissioner Ivins echoed appreciation for both men saying that the City is in a better position because of their efforts and dedication. Commissioner Franck said he does not know Chief Moore as well as he knows Chief Cogan and both have worked well with his staff, and he wishes both men well in their retirement. SUPERVISORS Joanne Yepsen Supervisor Joanne Yepsen congratulated and thanked both Chiefs for their service. Chief Cogan thanked Supervisor Yepsen for her efforts in removing the dams off the Kaydeross. Planning for our Economic future: Saratoga County, Assets and Needs of each municipality Supervisor Yepsen said that the Board of Supervisors along with the Saratoga Economic Development Council (SEDC) and Luther Forest Technology presented a workshop on global best practices at work in Saratoga County on November 18 examining lessons learned, the rolls, responsibility and impact of Luther Forest and the vision for the future. She said that each of the 21 municipalities of Saratoga County has been asked to assess their needs and assets to consider for future growth and quality of life. The information will be coordinated and corroborated by SEDC and both supervisors will be looking for input from the City throughout the process. Page 13 of 15 City Council Meeting 12/01/09 Sustainable Saratoga Task Force Buy Local Program The program held a presentation tonight in the City Hall Music Hall featuring about ten to twelve local businesses and the importance of buying locally in order to benefit the City’s local economy by keeping the dollars here. Sustainable Saratoga was formed one year ago for the purpose of promoting local environmental and economic sustainability. A Retrospective on Transportation: Where We Are and Where We Need to Go, 12/2 7:00 PM at The Saratoga Arts Center. Supervisor Yepsen explained that she is part of a panel that will discuss various initiatives taken in the County on transportation, where the County stands and what direction it should take. There will be discussion on both City and County initiatives with the full spectrum of transportation considered including state and local perspectives offered and coordinated for future planning. WWII Veterans’ Medals from the County Supervisor Yepsen said that since the County’s WWII Veteran’s recognition event, medals have been awarded to City Veterans who attended the event and the medals will continue to be available through the Mayor’s office in City Hall for those WWII Veterans that are City residents and attended the event in October. Adopt-A-Family programs Supervisor Yepsen said that because of the terrible economy families are struggling to get by, particularly at this time of year. She said there are a host of families in need in the County and if residents would like to reach out to help a family or a child by providing holiday gifts she strongly recommends contacting a local organization called the Giving Circle at www.thegivingcircle.org, or by mail at PO Box 3162 in Saratoga Springs. Matthew Veitch Supervisor Veitch congratulated and thanked Chief Cogan and Chief Moore for their service to the City which began when he was 7 years old. Update: Economic Development Committee Supervisor Veitch said that the SEDC held a meeting regarding County planning for the future and they are looking for a needs assessment from each community in the County to determine where each fits in regarding the Global Foundries project. He said that the responses will determine what direction the County should take regarding economic development. He said the City should examine how it fits in with the project and the City has many assets to offer Global Foundries personnel as they come to the area, and we will work to continue to promote the City of Saratoga Springs as a leading community in Saratoga County. Update: Trails Committee Supervisor Veitch said the Louden Trail is open and is a very popular trail. The next project is about five miles northeast of the mall near Route 50 and Edie Road in Wilton and the County has already cut about 2.5 miles of trail there with the opening anticipated for the spring of 2010. He said that every County trail project this year has been funded by money within the County budget without special appropriations. Theses trails are quality of life initiatives that are being accomplished responsibly and within budget. Commissioner Franck thanked Patsy Berrigan of the Civil Service Commission for her work on the Fleet Safety Program Policy. Page 14 of 15 City Council Meeting 12/01/09 ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Scott Johnson adjourned the meeting at 8:30 p.m. Respectfully submitted, Nancy Wagner Clerk Approved: 12-15-09 Vote: 4 - 0 Page 15 of 15