City Council

December 15, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Friends of Recreation EXECUTIVE SESSION CONSENT AGENDA 1. Approval of City Council Minutes 12-1-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Capital Budget Transfer 5. Approve Payroll 12/04/2009 $422,253.13 6. Approve Payroll 12/11/2009 $484,674.20 7. Approve Warrant 2009 Mid MC1DEC09 $56,176.19 8. Approve Warrant 2009 Regular 2DEC09 $4,099,151.97 9. Commissioner of Deeds MAYOR’S DEPARTMENT 1. Discussion and Vote: Accept Donation From the Friends of Recreation 2. Discussion and Vote: Approval for the Mayor to Sign the New York State Office of Children and Family Services 2010 Program Application 3. Discussion and Vote: Amend Contract with Miller, Mannix, Schachner & Hafner, LLC re: Fran Bates, Daniel Delarm, Marybeth Delarm, Annette Donovan, et. al vs. the City of Saratoga Springs Litigation Defense ACCOUNTS DEPARTMENT 1. Discussion and Vote: Accept Donation from Fasig Tipton 2. Discussion and Vote: Accept Donation from Palio Communications 3. Award of Bid: Snow Plows to T&T Sales City Council Meeting 12/15/09 FINANCE DEPARTMENT 1. Discussion and Vote: Mayor’s Department Payroll Transfers 2. Discussion and Vote: Account’s Department Payroll Transfers 3. Discussion and Vote: Department of Public Safety Payroll Transfers 4. Discussion and Vote: Department of Finance Payroll Transfers 5. Discussion and Vote: Department of Public Works Payroll Transfer 6. Discussion and Vote: Recreation Department Payroll Transfers 7. Discussion and Vote: Budget Amendment 8. Discussion and Vote: Capital Budget Payroll Transfers 9. Discussion and Vote: Update to Finance Policies & Procedures – Referee Timesheet 10.Discussion and Vote: Authorization for Mayor to Sign 2010 Health Insurance Contracts 11.Discussion and Vote: 2010 Tax Rates 12.Discussion and Vote: Lay Off Resolutions 13.Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend the 5/5/09 City Council Minutes – Church Street Reconstruction PUBLIC SAFETY 1. Discussion and Vote: Change Order to Wolfe Security Contract SUPERVISORS Joanne Yepsen 1. Report from Legislative & Research Committee 2. 2010 Budget Vote 3. Guardian House Update Matthew Veitch 1. 2010 County Budget 2. Economic Development Committee 3. Route 50 Arterial Gateway Improvements 4. Green Committee Recommendations 5. Gaming and Raceway “Make a Difference” Awards 6. Happy Holidays ADJOURN Page 2 of 12 City Council Meeting 12/15/09 City of Saratoga Springs City Council Meeting City Council Room Tuesday, December 15, 2009 7:00 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 (late 7:38 pm) 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. CALL TO ORDER Mayor Johnson called the meeting to order at 7:07 p.m. PUBLIC COMM IENT PERIOD Mayor Johnson opened the public comment period at 7:07 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. Page 3 of 12 City Council Meeting 12/15/09 Kyle York of 59 Railroad Place said he is very proud of our City and its traditions. Between the arrival of Santa Claus and the Victorian Street Walk, he thanked everyone at the Council table for coming out on those nights and supporting the community. Kevin Genier of 51 Hathorn Boulevard stated we all know the facts and figures. Come midnight December 31st, the Council is going to do whatever they want to do; it’s their choice. He stated during the Civil Service meeting yesterday Commissioner Ivins requested the help desk technician be removed from the preferred list of people to be laid off. He is assuming that is because Commissioner Ivins is saving that position from lay off. If that is true, he would ask out of equality, that a position in each of the Police and Fire Departments be saved before the end of the year given the fact that the chiefs of each of those departments are retiring. Mayor Johnson closed the public comment closed at 7:10 p.m. Presentation Friends of Recreation Brian Hollowood stated Friends of Recreation was formed by a group of people in support of the recreation center. They were concerned that the furniture, fixtures, and equipment were not covered under the bonding. The group got together to see if they could raise the money and save the City from the expenseof paying for those things. The amount estimated for these things is between $260,000 - $300,000. Members of this group include Carlene Carlson, Dereck Legall, Rich Flarety, Sherri Gray, Julie Bonnacio, and Ed Mitzen. The group received $10,000 from the Saratoga Gaming and Raceway through their “Make a Difference” awards. The total amount raised to date, without asking or having any promotional materials together, is $60,000. Mayor Johnson added that this group is a not-for-profit corporation which enables him to received the donation which is on his agenda tonight. He also thanked the group for their efforts and taking the bull by the horns. Consent Agenda Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as it will be modified this evening. 1. Approval of City Council Minutes 12-1-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Capital Budget Transfer 5. Approve Payroll 12/04/2009 $422,253.13 6. Approve Payroll 12/11/2009 $484,674.20 7. Approve Warrant 2009 Mid MC1DEC09 $56,176.19 8. Approve Warrant 2009 Regular 2DEC09 $4,099,151.97 9. Commissioner of Deeds Commissioner Ivins stated there is a change to #8; the amount is now $4,093,921.61. This total includes large payments to the school district, county taxes, and sewer. Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as modified. Ayes – 4 Mayor’s Department Page 4 of 12 City Council Meeting 12/15/09 Discussion and Vote: Accept Donation From the Friends of Recreation (09-358) Mayor Johnson explained this is a $10,000 donation from the Racino through their “Make a Difference” program awarded to the Friends of Recreation last week. He applauded the Raceway for giving back to our community. Mayor Johnson moved and Commissioner Ivins seconded to accept the donation from the Friends of Recreation in the amount of $10,000. Ayes – 4 Discussion and Vote: Approval for the Mayor to Sign the New York State Office of Children and Family Services 2010 Program Application (09-359) Linda Terricola announced this is an annual application to the Office of Children and Family Services through the state. We apply through the Saratoga County Youth Bureau. This grant application normally comes out in September and submitted early October. Due to the state fiscal crisis, it has been delayed. The amount available is unknown; however, they have applied for $62,866 of which 50% of that is a match by the City. We are applying for 3 programs – athletic activities, year round recreational activities, and scholarships. Commissioner Ivins confirmed our portion is coming from the existing budget. Linda advised that was correct. Commissioner Ivins asked what happens if we don’t get funds from the state. Linda advised they would have to cut down the amount of scholarship programs they would offer and stay within budget. Mayor Johnson moved and Commissioner Franck seconded to approve the matter as described. Ayes – 4 Discussion and Vote: Amend Contract with Miller, Mannix, Schachner & Hafner, LLC re: Fran Bates, Daniel Delarm, Marybeth Delarm, Annette Donovan, et. al vs. the City of Saratoga Springs Litigation Defense Mayor Johnson withdrew this item from his agenda. Accounts Department Discussion and Vote: Accept Donation from Fasig Tipton (09-360) Commissioner Franck advised they received a donation from Fasig Tipton in the amount of $1,085.10 to cover overtime costs for their memorial race to benefit the backstretch workers. Commissioner Franck moved and Commissioner Ivins seconded to accept the donation from Fasig Tipton in the amount of $1,085.10. Ayes – 4 Discussion and Vote: Accept Donation from Palio Communications (09-361) Page 5 of 12 City Council Meeting 12/15/09 Commissioner Franck advised they received a donation from Palio Communications in the amount of $2,000 to cover overtime costs incurred for the Melanie O’Donnell Race. Commissioner Franck moved and Commissioner Ivins seconded to accept the donation from Palio Communications in the amount of $2,000.00. Ayes - 4 Award of Bid: Snow Plows to T&T Sales (09-362) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for snow plows to T&T Sales, Inc. in the amount of $4,284.00 per plow. Commissioner Franck advised they were the lowest bidder. Ayes – 4 Commissioner Franck thanked Commissioner Kim for his 4 years of service. He wished him the best and congratulated Rick Wirth on his win. Finance Department Discussion and Vote: Mayor’s Department Payroll Transfers (09-363) Commissioner Ivins moved and Mayor Johnson seconded to approve the Mayor’s Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is for transfers from Human Resources Administrator and office equipment lines to unemployment, overtime, social security, PT telephone operator and PT clerk lines to cover unemployment, lump sum payout and vacation coverage. Ayes - 4 Discussion and Vote: Account’s Department Payroll Transfers (09-364) Commissioner Ivins moved and Commissioner Franck seconded to approve the Account ’s Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers to social security, health insurance, opt-out, and overtime to cover lump sums, council meeting coverage, December bill and grants. Ayes - 4 Discussion and Vote: Department of Public Safety Payroll Transfers (09- 365) Commissioner Ivins moved and Commissioner Scirocco seconded to approve Public Safety payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers from dispatchers training, senior account clerk, social security, police officers, police OT, Fire comp time, Fire OT, school crossing guards, juvenile aid investigator line, fire lieutenant, and firefighter lines to fire insurance recovery, police other supplies, police building repairs, sick leave social security, police comp time, sick leave buyout, police sgts, fire captain, police chief line, and fire chief line to cover sick leave payout, vacation payout, lump sum accrual payout and to cover deficits. Ayes - 4 Page 6 of 12 City Council Meeting 12/15/09 Discussion and Vote: Department of Finance Payroll Transfers (09-366) Commissioner Ivins moved and Commissioner Franck seconded to approve Department of Finance payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfer from Senior Account Clerk PT line to cover year end expenses. Ayes - 4 Discussion and Vote: Department of Public Works Payroll Transfer (09-367) Commissioner Ivins moved and Commissioner Scirocco seconded to approve Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated General Fund: transfers from Engineering Assistant, garage social security, streets labor, health insurance, CHIPS labor/OT/Soc. Sec/Other Supplies/Equipment Rental. Transfers to dpw coordinator, dpw social security, city hall labor, compost labor, compost OT, vernon labor, health insurance, city hall OT, garage OT, streets OT, highways OT, transfer station OT, trees OT, CHIPS rubble, Rec. labor to cover anticipated year end expenses. Water Fund transfers from hospitalization, social security, other supplies, misc. equipment, refunds, other supplies, to opt out, social security, social security, water treatment plant operator, water treatment plant labor to cover anticipated year end expenses. Sewer Fund transfers from contingency ($770.42 used-remaining balance $10,404.88), sewer labor, equipment rental, to vision insurance, hospitalization, sewer OT, social security, and meters OT to cover anticipated year end expenses. Ayes - 4 Discussion and Vote: Recreation Department Payroll Transfers (09-368) Commissioner Ivins moved and Mayor Johnson seconded to approve Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers from camp labor, supervision, pay lines, camp pool, camp trips, camp rental, camp director, OT and labor line to sport supplies, unemployment, social security, phones, utilities, office equipment, porta johns, office supplies and other supplies lines to cover year end anticipated expenses. Ayes - 4 Discussion and Vote: Budget Amendment (09-369) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the budget amendments as previously distributed to the Council. Commissioner Ivins stated this covers year end expenses for health insurance. Ayes - 4 Discussion and Vote: Capital Budget Payroll Transfers (09-370) Commissioner Ivins and Mayor Johnson seconded to approve the payroll transfers in the capital budget as previously distributed to the Council. Page 7 of 12 City Council Meeting 12/15/09 Commissioner Ivins explained there are 2 capital projects that were completed and the remaining funds are going to pay debt on those bonds. Commissioner Scirocco asked if they can approve the transfers contingent upon approval from the Council to encumber the funds from the Vanderbilt and City Center drainage to the Commissioner of Finance for the use in 2010 capital. He would like to encumber that money so they can use it. Mayor Johnson asked what the balance is. Commissioner Scirocco stated he believed it was $700 or $800. Commissioner Ivins stated he can’t certify those dollars. They can set up another meeting before the endof the year to do this. Mayor Johnson stated the motion stands as originally proposed. Ayes - 4 Discussion and Vote: Update to Finance Policies & Procedures – Referee Timesheet (09- 371) Commissioner Ivins moved and Mayor Johnson seconded to approve the update to the Finance Policies and Procedures Manual as previously distributed to the Council. Commissioner Ivins stated they are adding a timesheet for referees to the approved timesheets in the manual. Looking at the New York State labor definitions of employees and independent contractors, it was determined that the referees employed by recreation no longer meet the criteria. He thanked Civil Service, recreation, his staff, and risk and safety for the work to put this together. Mayor Johnson noted that the definition of employee is broad according to the department of labor. Ayes - 4 Discussion and Vote: Authorization for Mayor to Sign 2010 Health Insurance Contracts (09- 372) Commissioner Ivins moved and Mayor Johnson seconded to authorize the mayor to sign a health insurance contract for 2010 as previously distributed to the Council. Commissioner Ivins stated this is for all 4 carriers and Medicare offerings. This has been approved by the city attorney and risk and safety. Mayor Johnson noted this is something the City must do at this time as we go into 2010 in order to continue offering the employees their health care coverage. It is not anything he anticipates being an impediment towards negotiating the union contracts. Ayes - 4 Discussion and Vote: 2010 Tax Rates (09-373) Commissioner Ivins moved and Mayor Johnson seconded to approve the tax rates for 2010 as previously distributed to the Council. Commissioner Ivins stated this is based upon the comprehensive budget adopted by Charter on November 30, 2009. The inside district rate will be $5.8055; the outside district is $5.7571, the downtown assessment district is $.5012; the total taxable assessment for the inside district is $1,682,349,179; the outside district is $1,389,302,385; for a total of $3,071,651,564. This is an increase of $42,755,200. Page 8 of 12 City Council Meeting 12/15/09 Ayes – 4 Discussion and Vote: Lay Off Resolutions Commissioner Ivins withdrew this item from his agenda. Discussion: City Finances Commissioner Ivins stated we did pretty well this October in sales tax. We are off $9,400 from last October. The mortgage tax received for November was $68,913 vs. $98,000 last year. We will be talking at our first meeting in January of changing the mortgage tax number we put in for possible revenues. The number of people who attended the track increased this year by 2%; we received $393,441.66 in admissions tax for 2009. The governor is delaying 10% of aid for December; we were notified today that the payment will be deferred to January. We are down $156,455 for the delayed payment. This is our second half payment and the largest half. It will affect our cash flow. We may have to take out a short term loan. This has been done in the past and does cost us interest. Commissioner Ivins thanked Commissioner Kim for his years of service to the City. They may not have always seen eye to eye on things but he respects him as a council person and appreciates his dedication to the job. Public Works Department Discussion and Vote: Amend the 5/5/09 City Council Minutes – Church Street Reconstruction (09-374) Commissioner Scirocco moved and Commissioner Ivins seconded to amend the May 5, 2009 City Council minutes on the Church Street Reconstruction. Commissioner Scirocco stated minor errors were made in the contract approvals in the amounts in regards to the Church Street Reconstruction project. In order to keep the history correct, in case of an audit, he is requesting the following be addressed as three motions: 9-119 requests authorization for the mayor to sign a contract with Creighton Manning. In the first paragraph, second sentence, Paul Male states the first contract is for the DOT agreement #2. This first motion needs to be corrected to state the request for the mayor to sign a contract with DOT agreement #2 – note the contract for the agreement has been signed. 09-133 requests approval for the supplemental consultant agreement with Creighton Manning. The figures in the discussion paragraph are incorrect. It is increased the contract with Creighton Manning from $240,000 to $545,621. It includes the base contract of $240,000, change order #1 for $50,005 for design, $13,093 for construction supervision, and $242,523 for construction inspection. The budget transfer that occurred 10/6/09 was off by $1,000. The total contract with DelSignore is $2,641,547; the amendment should be corrected to allow $2,550,165.50 for construction and $91,381.50 for betterment. Commissioner Ivins stated the 3rd bullet point on the memo that talks about the $1,000 is corrected in the consent agenda tonight. Ayes – All Commissioner Scirocco wished Commissioner Kim well. It did a great job for the years he has been here. He has never seen anyone more passionate about things. Public Safety Department Page 9 of 12 City Council Meeting 12/15/09 Discussion and Vote: Change Order to Wolfe Security Contract (09-375) Commissioner Kim moved and Commissioner Franck seconded to approve a change order for Wolfe Security for the City Hall security system in the amount of $2,400. Ayes – All Supervisors Joanne Yepsen Report from Legislative & Research Committee Supervisor Yepsen reported they passed a resolution today to amend a local law from 1991 that was established on the E911 surcharge. The resolution requires companies that provide voice over internet to collect an E911 surcharge from clients that are receiving the benefits of the County’s enhanced E911 emergency dispatch system. There will be a public hearing on January 13th. They are lobbying Governor Patterson and state representatives to request they support the current level of funding provided under the New York State Tobacco Control Program. Commissioner Kim stated the City of Albany gets a portion of the 911 revenues. He is wondering if our City could collect some of that money. Supervisor Yepsen stated it will be a priority for 2010 to look at all these financial issues and determine how the City can advance what we need to do. She would be happy to take this to the County as a possible solution to some of our financial issues. Commissioner Kim stated the City can go through the process without the permission of the County. We have to be designated by the federal government as a recipient of this money and then we can get it. It is something we should explore. 2010 Budget Vote Supervisor Yepsen reported the supervisors unanimously passed a County $279 million dollar 2010 budget. They held to their commitment not to raise taxes or lay anyone off. As a result they had to reduce agreements with outside agencies, reduce the County farmland and open space fund, and hold to no increase for any compensation in 2010 as well as delay and spread out work to be done on roads and bridges. Guardian House Update Supervisor Yepsen stated the Guardian House is gaining regional and statewide support. This is the first fully operating VA approved comprehensive home for homeless women veterans. She thanked all who have supported this effort thus far. The grand total raised to date in 2009 is $116,000. Supervisor Yepsen thanked Commissioner Kim for all his service and leadership in working for the betterment of the City. Matthew Veitch Supervisor Veitch stated the tax is being put on the voice over internet call. Currently landlines and cell phones get the tax. We take the landline calls in the City dispatch. Cell phone calls go to the County then to the City. He suggested finding out the percentage of calls that come in via landline because voice over internet is technically a landline call and would come directly into the City. We need to figure out what the balance is between helping our City with our own dispatch. The other communities who have their own Page 10 of 12 City Council Meeting 12/15/09 dispatch should also get a piece regardless of how much it is. He and Joanne will work on this at the Board of Supervisors. Supervisor Veitch also thanked Commissioner Kim for his service. 2010 County Budget Supervisor Veitch stated they voted on the budget December 9th; it was unanimously approved. He has concerns with the sales tax estimates – the County is estimating the sales tax the best they can but they need to keep an eye on this. Holding the line on staffing is good. Economic Development Committee Supervisor Veitch stated they studied two things; one is extending the Zim Smith Trail into Mechanicville. They have to work with a couple property owners to get the trail done. It has been turned over to their planning department to get the easements. The SEDC attended the meeting and provided an overview of what they do and offer assistance to our local government. Route 50 Arterial Gateway Improvements Supervisor Veitch stated he is trying to complete this project. He met with Saratoga Health Transportation to gain their support with the pedestrian improvement aspect of the project. The best thing they can do is go to our state leaders and get our fellow communities involved. Green Committee Recommendations Supervisor Veitch stated this committee was formed to see how the County could operate in a more environmentally friendly and effective manner. The presented short term, medium term, and long term recommendations for how the County can act in a green way. The short term recommendations were inexpensive if not free; such as teaching all how to think green, taking an energy audit, motion lighting, reduce moving, etc. The medium term recommendations include replace lighting with green lighting, buy a hybrid vehicle, etc. The long term would be to install solar rays, etc. The board unanimously voted to accept the recommendations. Gaming and Raceway “Make a Difference” Awards Supervisor Veitch advised the Saratoga Gaming and Raceway “Make a Difference” program gave out $100,000 to not for profit organizations. It is great that they are giving back to the community. Supervisor Veitch wished everyone a happy holiday. Mayor Johnson recognized Commissioner Kim and his dedication to our community for the past 4 years. As an elected official, it is not an easy job. Despite any difference of opinions they may hold on issues, we should be recognizing and respecting the dedication to our community. He wished Commissioner Kim and his family the best. Mayor Johnson wished our fellow Saratogians a happy holiday and a happy and better 2010. Commissioner Ivins congratulated and welcome our new chief of police, Chief Cole. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes - All Page 11 of 12 City Council Meeting 12/15/09 There being no further business, Mayor Johnson adjourned the meeting at 8:00 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 1/5/10 Vote: 5-0 Page 12 of 12