City Council

January 19, 2010 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) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 1/1/10 City Council Minutes 2. Approval of 1/15/10 City Council Minutes 3. Approval of 1/4/10 Executive Session Minutes 4. Approval of 1/5/10 City Council Minutes 5. Approval of 12/29/09 City Council Minutes 6. Approve Regular Warrant 4DEC09 $583,236.83 7. Approval Budget Amendments 8. Approve Budget Transfers 9. Approve Payroll 1/15/10 $422,611.97 10. Approve Payroll 1/8/10 $455,590.65 11. Approve Warrant 2009 Mid MC4DEC09 $88,609.60 12. Approve Warrant 2010 Mid 10MWJAN1 $59,775.66 13. Approve Warrant 2010 Regular 10JAN1 $591,890.58 MAYOR’S DEPARTMENT 1. Discussion and Vote: Ice Rinks Banner-Sign Agreement 2. Discussion and Vote: Approve Recreation Department’s Application for the Stewart’s Holiday Match Grant 3. Discussion and Vote: Approve the Recreation Department’s Application for the WGY Christmas Wish Grant 4. Discussion and Vote: Accept $250.00 Donation for Free Open Public Skating on Superbowl Sunday 2/7/10 1-3 p.m. 5. Discussion and Vote; Authorization for Mayor to Sign Change Order with Bast Hatfield for Indoor Recreation Facility 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Miller, Mannix, Schachner & Hafner, LLC Legal Services for Land Use Boards 7. Discussion and Vote: Referral to Planning Board for Advisory Opinion of Zoning Amendment Requested by Saratoga Springs Preservation Foundation, Historic Zoning District 8. Discussion and Vote: Extension of Demolition Moratorium 9. Announcement: SPAF Grant Awards 10. Appointment: The Design Review Commission City Council Meeting 1/19/10 11. Appointment: The Zoning Board of Appeals 12. Announcement: The Community Development Citizens Advisory Committee 13. Announcement: State of City Address ACCOUNTS DEPARTMENT 1. Discussion and Vote: Accept Grant Award for 2009 – 2010 State Archives Records Management Grant 2. Discussion and Vote: Authorization for Mayor’s Signature and Submit Records Management Inventory Grant to State Archives 3. Award of Bid: Extension of EMT Supplies Bid to Moore Medical FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Safety Payroll Transfers 2. Discussion and Vote: Department of Public Works Payroll Transfer 3. Discussion: City Finances PUBLIC WORKS 1. Discussion and Vote: Authorization for Mayor to Sign Change Order with Iota Construction for Geyser Crest Well Field 2. Announcement: Pot Holes 3. Update: Geyser Crest Well Field PUBLIC SAFETY 1. Discussion and Vote: Authorization for Mayor to Sign Extended Medical Director Contract with Timothy Brooks 2. Appointment: Dr. Paul Okosky as Public Health Director SUPERVISORS Joanne Yepsen 1. Board of Supervisors County Committee & Board Meeting 2. Racing, Gaming, and Wagering Senate Standing Committee Meeting 3. Sustainable Saratoga 4. Public Workshop Matt Veitch 1. Public Works Committee 2. Public Safety Committee ADJOURN Page 2 of 20 City Council Meeting 1/19/10 January 19, 2010 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Johnson called the meeting to order at 7:03 p.m. PUBLIC COMMENT Mayor Johnson opened the public comment period at 7:04 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. Samantha Bosshart of the Saratoga Preservation Foundation stated the foundation requests that portions of Carriage House Lane, Clement Avenue, Clinton Street, First Street, Fourth Street, Green Avenue, State Street, and Woodlawn Avenue be included in the local historic district. These areas were added to the state and national register of historic places in 1993. They have been working with the property owners to include them in the local district. They sent out 2 mailings with a cover letter and brochure explaining the Page 3 of 20 City Council Meeting 1/19/10 benefits of being included in the local district. Of the property owners who have responded to date, ¾ arein favor of the expansion. The historic structures included in the proposed expansion are some of the City’s most significant buildings. We can’t afford to lose them; we need to protect them. This is the first of several neighborhoods they are looking to have included in the historic district. She encouraged the Council to vote in favor of accepting the application for study and requesting the advisory opinion from the Planning Board. She also asked to consider extending the temporary moratorium until this is finalized. Larry Baldwin of Saratoga Springs stated he was recently laid off as an employee of DPW. He understands there will be a vote taken tonight to transfer money in the DPW 2010 budget to reinstate administrative positions. The money for these positions is being transferred from the streets and highway accounts. On behalf of the 4 full time City employees laid off, he encouraged the Council to resist any attempt to further take away money from the DPW streets or highway budget lines that could be used to rehire full time labor positions recently lost. The first priority should be to rehire the full time and part time DPW workers who do the work on the streets and around our City. Taking money away the streets and highway lines to hire management confidential positions in City Halls will only lead to further cuts in the DPW labor force. Kyle York of 59 Railroad Place stated he couldn’t agree more with the 2 people who spoke before him. He also wants to say it is not a good idea to get into the tax plan; it will be a disaster. It will be a bad year for the American economy and Saratoga County will not be spared a bright year. This City will endure because of its charm, etc. We will have problems and a budget shortfall, but we will out perform anyone in this nation. Paid parking will not kill this City, the people will still come. Let this City thrive and be a remarkable year. We have plenty use for our tax dollars here. Mayor Johnson closed the public comment closed at 7:12 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows and with one correction: 1. Approval of 1/1/10 City Council Minutes 2. Approval of 1/15/10 City Council Minutes 3. Approval of 1/4/10 Executive Session Minutes 4. Approval of 1/5/10 City Council Minutes 5. Approval of 12/29/09 City Council Minutes 6. Approve Regular Warrant 4DEC09 $583,236.83 7. Approval Budget Amendments 8. Approve Budget Transfers 9. Approve Payroll 1/15/10 $422,611.97 10. Approve Payroll 1/8/10 $455,590.65 11. Approve Warrant 2009 Mid MC4DEC09 $88,609.60 12. Approve Warrant 2010 Mid 10MWJAN1 $59,775.66 13. Approve Warrant 2010 Regular 10JAN1 $591,890.58 Mayor Johnson asked that a correction be made to the January 1, 2010 meeting on page 2, 2nd full paragraph, 5th sentence. The word should be ‘Unite’, no “d”. Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Ice Rinks Banner-Sign Agreement (10- 08) Mayor Johnson introduced Linda Terricola, Director of Recreation to describe this item. Page 4 of 20 City Council Meeting 1/19/10 Linda advised the installation fee is $50 per banner sign. If the sign already exists, the licensee will pay a one time special rate of $25 per banner sign if the sign shall remain in place. A one time special rate of $25 per banner for 10 banners will be for Skidmore College. The banners that are already installed will be exempt from fee are: retired hockey player numbers, figure skaters, speed skaters, the winter club, etc. If the licensee is a for profit organization there will be a $50 installation fee per banner sign and an additional annual $50 per banner sign fee. Commissioner Scirocco suggested today that all the new banners be the same size. She will work on that with him. Mayor Johnson stated there is no begin or end date on the agreement. Linda stated the begin date would be included in the already existing agreement. Upon tonight’s approval, it will go into effect immediately. Mayor Johnson asked when the agreement ends. Linda stated it will end when the season ends; April 30th. The new season starts again July 1st. Mayor Johnson confirmed this will be an annual agreement. He suggested the start date be January 1 and end on December 31. Mayor Johnson moved and Commissioner Ivins seconded to approve the ice rink banner sign agreement as described. Ayes – All Discussion and Vote: Approve Recreation Department’s Application for the Stewart’s Holiday Match Grant (10-09) Linda Terricola stated this is an annual request in the amount of $16,000 with $8,000 to go towards scholarships in all of the recreation programs, $6,000 to go towards the rock climbing wall at the indoor recreation center, and $2,000 towards soccer goals. Mayor Johnson moved and Commissioner Scirocco seconded to approve the Recreation Department’s application for the Stewart’s Holiday Match Grant as described. Ayes – All Discussion and Vote: Approve the Recreation Department’s Application for the WGY Christmas Wish Grant (10-10) Linda Terricola advised this is an annual application in the amount of $16,000 with the same breakdown as previously described. Mayor Johnson moved and Commissioner Ivins seconded to approve the Recreation Department’s application for the WGY Christmas Wish Grant as described. Ayes – All Discussion and Vote: Accept $250.00 Donation for Free Open Public Skating on Superbowl Sunday 2/7/10 1-3 p.m. (10-11) Linda stated Superbowl Sunday is also the City’s Winterfest. She was contacted by the Saratoga Convention and Tourism Bureau and advised they have received $500 in donations from area merchants to be used towards free open public skating. They are offering a $250 donation to cover rental and skate guard supervision. Commissioner Ivins asked if the free skating was open to residents and non residents. Page 5 of 20 City Council Meeting 1/19/10 Linda advised it is open to all. The skate rentals will be available for $4. Mayor Johnson moved and Commissioner Ivins seconded to accept the donation as described. Ayes – All Discussion and Vote; Authorization for Mayor to Sign Change Order with Bast Hatfield for Indoor Recreation Facility (10-12) Mayor Johnson stated the amount being request is $90,938.94. This is for winterization of the site to allow for the construction to continue; otherwise it would be shut down. This is a more cost effective than stopping the construction during the winter months. This amount is a negotiated amount as the original amount was much more than this. After this change order, if approved, there is a net balance under the bonded proceeds in excess of $878,000. We are getting more for our money by building now. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to execute the change order as described. Commissioner Ivins stated there are sufficient funds in the capital budget to do this. Mayor Johnson stated this is not an increase to taxes for the community. This is money that was bonded several years. Commissioner Franck stated he is concerned because this could change the tax rate in the future. They contractor knew they were going to build in the winter, so he is not sure why they didn’t build this factor in to the original contract. Mayor Johnson explained this was not part of original agreement because there was an injunction which delayed the commencement of the project by 2 months. This is also a cap amount. They are urging the contractor to come in under this amount. The independent architects also advised, not just the contractor that it is more cost effective to keep going. It prevents damage to what is already built. It was a combination of things bringing this forward. He doesn’t like bringing any change order forward. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion and Vote: Authorization for Mayor to Sign Agreement with Miller, Mannix, Schachner & Hafner, LLC Legal Services for Land Use Boards (10-13) Mayor Johnson stated we’ve had this agreement with this firm for many years. They provide good counsel to the City. This agreement is for services on an as need basis for the land use boards. They also provide assistance as needed by the City in the SEQRA process. The agreement is from now through December 31, 2010 at a rate not to exceed $160/hr. with a maximum cap per annum of $20,000. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the agreement as described. Commissioner Ivins asked if the $160/hour and the $20,000 cap is the same amounts as last year. Mayor Johnson advised the hourly rate was $150/hour last year for this agreement. Their hourly rate increased to $160. Commissioner Ivins confirmed that they had budgeted for $20,000. Mayor Johnson advised that was correct. Page 6 of 20 City Council Meeting 1/19/10 Ayes – All Discussion and Vote: Referral to Planning Board for Advisory Opinion of Zoning Amendment Requested by Saratoga Springs Preservation Foundation, Historic Zoning District (10-14) Brad Birge advised this is a zoning amendment requesting the City’s local jurisdiction of the historic district be expanded to include 48 additional properties. These properties are part of the National Register District but don’t have local protection afforded to them for exterior changes. This request would amend the ordinance to expand the historic district to include those properties in the same historic review, protection, and guidelines as the rest of the historic district in the City. Commissioner Ivins stated ¾ of the people have responded correctly, however the attachment shows of the 43 property owners, 14 said yes, 5 said no, and 24 haven’t responded to date. Is there a more current total? Samantha Bosshart of the Preservation Foundation stated those are the most current numbers to date. Of the responses received to date, ¾ have voiced support. They did mail 2 letters out and made the effort to reach out. Commissioner Ivins confirmed the Planning Board does not typically notify the residents that are being affected. Brad advised that is correct. For an advisory opinion, no public hearing is required therefore no formal notification is required of the Planning Board. When the advisory opinion is brought back to the City Council, the Council will hold a public hearing and there will be notification requirements. Commissioner Ivins confirmed the Planning Board is not required to do a public opinion and asked if they can do it should they choose. Brad advised there is no public hearing required for the advisory process. The Planning Board can take comment at that time as part of their evaluation. Commissioner Ivins asked what would be the procedure to notify the residents of when that meeting is going to happen so they have the opportunity to come out and make comment. Brad advised it would be on the City’s website and in the newspapers. If the City wishes, they can extend a notification or mailing to those properties. Commissioner Ivins advised he would like to see a notification go to those property owners if they move forward with this. He is concerned with the lack of response to date. Brad also advised the Planning Board focuses on 2 items with their advisory opinion – to be sure it is consistent with the comprehensive plan and not inconsistent with other plans and policies of the City. It is a focused review process. Commissioner Ivins asked why this would go to the Planning Board instead of the Zoning Board since it is a zoning issue. Brad explained the Zoning Board of Appeals is the body that allows for appeals to the current laws. This goes to the Planning Board because they are seeking the ability to change the law. The Planning Board will provide an advisory opinion and the Zoning Board will provide relief from the existing law. Page 7 of 20 City Council Meeting 1/19/10 Commissioner Scirocco asked if there will be notification by the Planning Board to these residents to advise there is going to be a meeting. Brad again advised it would be on the City’s website and in the newspapers. If the City wishes to authorize an individual mailing to property owners, the City can do that. Mayor Johnson stated that is the best route to take. It wouldn’t harm to notify the property owners. The City will send each property owner a letter indicating we are sending this to the Planning Board for an advisory opinion on the topic of changing the zoning that would affect their property to include them in the historic district. The Council will be holding a public hearing prior to them making their decision on this application. He suggested revising the application with the consent of the applicant that provides for additional mailing notice going out to the affected property owners. Samantha Bosshart stated they would agree to that. They are also scheduling a public outreach meeting that each individual homeowner would be invited to attend that meeting. Commissioner Franck asked if the proposed addition was also proposed years back and we never went forward with it. Brad stated this syncs the National Register District and the Historic District. Mayor Johnson stated to his knowledge it has never been brought before the Council to expand the City’s local historic district match the national register. Commissioner Franck asked if there are other places throughout the City that are on the National Historic Register in the city that is not in our historic district. Brad advised this does not include all the national historic districts. Commissioner Ivins asked for a map of all the national register properties in the city. Mayor Johnson stated the bulk of the properties that are not included in this application are on the west side of town. The bulk is really this district plus the west side. Samantha Bosshart advised that interest has been expressed by people who live in the west side district. They felt it was important to start with the area where they had property owner support. Commissioner Franck stated the white elephant in the room is 23 Greenfield Avenue. Many of these homes are very high end. There are a lot of extra steps from the design review aspect that these people will have to go through once they are put in this class. He also asked if there was anything in the comprehensive plan to enlarge the historic district. Brad advised the zoning for the historic review is no longer ‘state of the art’. To be sure they are protecting the City, they are looking at the policy statements that guide the legislation and zoning ordinance. The City has partnered with the Preservation Foundation in seeking grants to do that. Mayor Johnson stated the procedure in this process is the Council will decide if there is sufficient merit to forward to planning for advisory opinion. It will also go the County for their advisory opinion and will require going through the SEQRA process. He would expect the City to be the lead agency in this matter. There is a second portion to this which is the application fee. The fee is $600 plus $50 for every acre of land that could be affected in any zoning amendment for a total fee of $2,325. A request has been made to waive as this because it is not a property owner coming forward. Also, there is no direct financial or proprietary benefit to the applicant. He asked the assistant city attorney if we have sound footing to waive the application fee. If a public benefit can be established for the community, there are grounds to waive an application fee. Page 8 of 20 City Council Meeting 1/19/10 Commissioner Ivins asked if a precedent has been set in the past or are we setting one for the future. Mayor Johnson stated no one has shown this as having been done in the past. Therefore, he asked the assistant city attorney to provide opinion. Commissioner Franck stated it wouldn’t be a bad idea to put a comprehensive plan committee together in the future. Take what the past members have done and improve on it. Building is slowing down in Saratoga. A lot can be taken from the last committee. Mayor Johnson stated the previous committee came to the Council in December 2007 to have their draft adopted. When he took office in January 2008, he met with that committee but found they went beyond what the scope and role of that committee. He is open to having people look at the comprehensive plan. As a community if we have a good balance on the committee we should be able to get something that is reflective of what the community values are. Part of that committee’s recommendation was to include expanding the City’s historic district to match that of the national register. He would be happy to work with the entire Council to put together a good committee for a good plan for the city. Commissioner Franck stated this will help us in the future relating to lawsuits, etc. He does believe there will be a positive effect on residential housing due to Global Foundries. Mayor Johnson stated there are some extreme recommendations and concerns over legalities of some of the things being recommended under NYS law as well as the non-involvement of some City staff. We have talented people in the Planning Department that should look at the comprehensive plan if we do form a committee. The committee should use our Planning Department and their expertise to get their input early on rather than later to avoid pitfalls. Mayor Johnson moved to and Commissioner Scirocco seconded to waive the fee for the application as described. Ayes – All Mayor Johnson moved and Commissioner Ivins seconded to refer to the Planning Board for an advisory opinion of the zoning amendment based upon sufficient findings and showing of fact to merit the review by the Planning Board and providing an advisory opinion back to the Council for consideration. Ayes – All Discussion and Vote: Extension of Demolition Moratorium (10-15) Mayor Johnson stated the last Council passed on July 7, 2009 Local Law No. 1 for 2009 to establish a temporary moratorium on permits for demolition for structures listed on the National Register of Historic Places. That has been in place with an expiration date due 2/1/10. Based upon what has been occurring since the passage of the moratorium, including the zoning ordinance review that has been ongoing, it is more prudent to expand the moratorium to a future date beyond 2010. The public benefit we relied upon remains as viable as in 2009. The reason for putting the moratorium in place in July 2009 remains. He recommends extending the moratorium for another 90 days. Mayor Johnson moved and Commissioner Wirth seconded to extend the demolition moratorium for an additional 3 months to May 1, 2010. Commissioner Ivins stated our Planning Board does a good job being responsive, how is the County’s response time? Brad advised the County Planning Board has always been very responsive to all the City’s requests for advisory opinion. The 90 days would be a sound timeframe. Page 9 of 20 City Council Meeting 1/19/10 Commissioner Franck stated he will vote for this but inquired why extend it only 90 days. Mayor Johnson stated he feels whatever they do restricting property rights should be drawn as narrowly as possible. Nothing stops us at the end of 90 days to extend it again. He would rather have a shorter period of time for an extension rather than a longer period to balance out the interest of those that do have property rights for the structures in questions. Commissioner Scirocco inquired if the last moratorium had a clause stating if the building was able to be renovated, the Council could permit the demolition of the building. Is that going to be in this extension? Mayor Johnson stated that is in Section 4, paragraph A. Anyone property owner can petition the Design Review Commission for a waiver from the provisions of the moratorium. Commissioner Ivins asked if we want to modify the extension for only that area since that is what we are looking at now; and not other portions of the City. Mayor Johnson stated the moratorium applied to only those structures already included on the National Register. Commissioner Ivins stated there are structures on the National Register that we are not looking at now. Do we want to now restrict it to the particular area we are looking at here? Mayor Johnson stated he is concerned with over restricting something. The applicant is choosing this area of the City because it may have more architectural historic significance as opposed to other areas of the City. He wants to be very careful of identifying anything too restrictive that may bring it into focus or an argument that could be made that we are targeting only certain properties, as that is not what we are doing. Ayes – All Announcement: SPAF Grant Awards Mayor Johnson Saratoga County Program Arts Funding issued grant awards as follows: NYC Ballet and Friends Concert Series received $1,520 and 70 Beekman Street Concert Series received $2,000. Appointment: The Design Review Commission Mayor Johnson stated is withdrawing this item from his agenda. Appointment: The Zoning Board of Appeals Mayor Johnson stated he is appointing George ‘Skip’ Carlson to the Zoning Board of Appeals. George has been involved with many business organizations over the years and is currently the vice president of external affairs at Saratoga Gaming and Raceway. Mayor Johnson thanked Neil Galvin and Jeanie Stuchin for their service to the community as former members of the Zoning Board of Appeals. We have to value the people who come forward to serve our community; it is never an easy task. Announcement: The Community Development Citizens Advisory Committee Mayor Johnson stated this committee has 2 year terms. He is re-appointing 9 people – Richard Ferguson, Bob Barile, Victor Cinquino, Linda Harvey-Opiteck, Jenny Mirling, Karen Nigro, Pamela Polacsek, Rick Thompson, and Mary Zlotnick. There is a new appointment being made; Andrew Jarosh. Announcement: State of City Address Page 10 of 20 City Council Meeting 1/19/10 Mayor Johnson announced he will be holding the State of the City Address 1 week from tonight at the City Center at 7 p.m. ACCOUNTS DEPARTMENT Discussion and Vote: Accept Grant Award for 2009 – 2010 State Archives Records Management Grant (10-16) Commissioner Franck advised in October 2009 the City received notice of an award from the New York State Archives and Records Administration for $15,609. Since then, the amount has been reduced by the New York State Division of Budget to $14,206 in non-matching funds. Nancy Wagner stated accounts department has laser fische program with 1 full user and 2 account users. We are able to search as far back as 1915. This grant will enhance the laser fiche program by scanning all the minutes for the boards back to their inception. This will save time and money as a lot of people spend time researching the minutes to gather the history of that parcel. Commissioner Franck stated this project won’t start until we receive at least 50% of the money. Nancy advised this grant money is normally received in August. Commissioner Franck moved and Commissioner Ivins seconded to accept the grant money as described. Ayes – All Discussion and Vote: Authorization for Mayor’s Signature and Submit Records Management Inventory Grant to State Archives (10-17) Commissioner Franck advised we are requesting approximately $18,388 from the State Archives and Records Administration’s local government records management improvement fund to inventory the records of the Building Department, Zoning Board, Planning Board files, and the files of the Design Review Commission. We are asking Council approval for the mayor to sign the grant so it can be submitted. Nancy Wagner advised there is about 810 cu. ft. of records that need to be inventoried and identified. This is a non-match program with a filing deadline of February 1, 2010. We will reduce the quantity of records we have. There are some records in the Public Safety safe we will need to look at and file accordingly. After files are completed, we will re-organize how we label them for faster location of the records. All this will help towards serving the public better. Commissioner Franck moved and Commissioner Ivins seconded to authorize the mayor to sign the grant. Nancy advised she circulated the budget breakdown of what we will be purchasing at the agenda meeting. We will be requesting 2 inventory workers to double it up and get the work done in half the time. Commissioner Franck made an amendment to his motion that the mayor’s signature will be subject to review of legal counsel and the mayor. Commissioner Franck advised Nancy has brought in about $450,000 of state money over the 23 or 24 grants she’s done. Ayes – All Award of Bid: Extension of EMT Supplies Bid to Moore Medical (10-18) Page 11 of 20 City Council Meeting 1/19/10 Commissioner Franck stated upon the recommendation of the Department of Public Safety, he moved and Commissioner Wirth seconded to extend the bid for EMT Supplies to Moore Medical for another year at the same contract terms and pricing discount as 2009. Ayes - All Discussion and Vote: Fleet Safety Policy (10-19) Marilyn Rivers stated a copy of the policy was provided this morning. The changes made on the policy previously voted on are:  This sentence was added back in Section 1 – “To the extent applicable this fleet safety program shall abide by the disciplinary terms and conditions of collective bargaining agreements of union personnel throughout the City.” This sentence was in the original policy and somehow was dropped. We put it back in.  The Police Department asked us to tweak the issues regarding seatbelts and cell phone use. Under Section 3 – numbers 4, 5, 6, and 7 begin with “Any employee other than police personnel...”.  Section 3, #11 was tweaked to say they will tell Risk and Safety within 24hrs.of the event.  Section 3, #19 was changed by the Safety Committee to withdraw the second sentence pertaining to fire vehicles.  Commissioner Scirocco requested the change in wording from “winter snow removal activities” to “winter snow plowing activities”. Marilyn requested council to adopt this final version. Commissioner Scirocco asked if she had a chance to review the memo passed around by CSEA. Marilyn stated they had and it should be noted that very little has changed from the original Fleet Safety Policy. The changes that were made were done to meet the letter of the law. If there is a problem with a driver, Risk and Safety informs each commissioner but also needs to inform Civil Service. There are specific jobs in which you have to have a valid driver’s license. Only Civil Service has the capacity to work with a commissioner and change the job classification. Of the 17 people that attended the last committee meeting, there was only 1 dissenting vote to bring it to Council. Commissioner Scirocco stated 1 paragraph in the memo states it supersedes the bargaining agreement and the authority of the commissioners. In some cases he believes it does. It doesn’t do justice to due process; an arrest is not a conviction. Marilyn stated we have DPW drivers who drive large rigs. In the past it has been the honor system. If one of them get a DWI and go to court, they are supposed to tell their supervisor, commissioner, and Risk and Safety because it is a liability. It doesn’t matter if it happens on their time. Chief Moore assisted us with fixing the language to meet the letter of the law. In some cases, some of the drivers who were repeat offenders were costing the City a tremendous amount of money. We needed some kind of mitigation strategy. Due process has not been violated; Joe Scala, city attorney has reviewed this policy, and the H.R. attorney has reviewed this policy. Commissioner Scirocco stated that if they adopt that policy they will not be looking at any retaliation of any lawsuits from the contract or CSEA. Marilyn reminded everyone that driving is a privilege, it is not a right associated with any employment here in the City. Our pubic safety personnel is more driving savvy, therefore we haven’t had to take any of them off the road. Most of the issues and losses have been driven by public works personnel. Commissioner Franck stated they can’t guarantee no one will sue; anyone can put a lawsuit forward. Commissioner Scirocco stated there is some ambiguous language in the policy. He wanted to clarify. Another issue relates to a weapon. What do we consider a weapon? Page 12 of 20 City Council Meeting 1/19/10 Marilyn stated the there are some individuals who have loaded shotguns in their truck because they leave the garage complex and go hunting. Because of the workplace violence issues we’ve had, we need to minimize it. That portion of the policy actually comes from the Department of Labor and we are bringing the policy up to speed. We are trying to minimize the risk to the employees that work here. Commissioner Scirocco confirmed that we are not talking about a jackknife. Marilyn stated we are talking about knives. Commissioner Scirocco stated some of his guys carry jackknives based upon what they do every day. They cut ropes, etc. Marilyn stated that would be work related. Tony Izzo stated the penal law has definition of what is a weapon. Mayor Johnson stated on December 5th there were concerns expressed during a discussion with a CSEA representative, but 40 days lapsed between the discussion and any communication of their concerns. Concerns have been taken into account and review by city attorney and outside counsel. Some of the things that raise concern of the CSEA may fall under management and their ability to run a department and doesn’t come into the parameters of a collective bargaining agreement. He was please the revisions of the policy in front of them states in Section 1 “To the extent applicable this fleet safety program shall abide by the disciplinary terms and conditions of collective bargaining agreements of union personnel throughout the City.” Marilyn stated Risk and Safety does not discipline. It is up to each commissioner to discipline based upon the parameters associated with that job description. This policy takes people off the road if they don’t meet the criteria; it does not discipline. Commissioner Scirocco asked Marilyn if she wants to be notified every time a City vehicle leaves the City. Marilyn stated they have had vehicles that have been in accidents outside the City limits. The vehicles insured by our insurance program are rated for inside the City. If they leave the City, it requires special insurance. The committee discussed it and decided that in these economic times, we owed more accountability to the taxpayer. We wanted to do our part in assisting the City in holding down expenses. Commissioner Scirocco stated he looked at #12 with fire personnel. He asked about mutual aid. Marilyn stated Local 343 and the Fire Department have been extremely supportive of this policy. They stepped forward early on and worked on the wording with us – they were agreeable to that. When we asked for the sign off, they were the first department to respond. Commissioner Ivins stated that this policy states that each commissioner is supposed to come forward with a list of everyone who takes a vehicle home. He asked all to take a note of that and get that list approved by the Council. Marilyn stated Washington County realized a $70,000 savings by more closely managing their take home vehicles. Commissioner Franck moved and Commissioner Ivins seconded to approve the Fleet Safety Policy as proposed. Ayes – All Page 13 of 20 City Council Meeting 1/19/10 FINANCE DEPARTMENT Discussion and Vote: Department of Public Safety Payroll Transfers (10-20) Commissioner Ivins moved and Commissioner Wirth seconded the Department of Public Safety payroll transfers as previously distributed. Commissioner Ivins stated transfers are from overtime, comp. time, weapons, police equipment, ammunition, gas & oil, tuition reimbursement, service contracts, and holiday pay. Transfers are to animal control/PEO, traffic control maintainer II, social security, overtime, EMS training, horse care, & pavement materials. Commissioner Franck asked if this is due to changes with the chief and retirements. Commissioner Wirth explained we had 72 officers and now have 65 officers. Due to retirements and transfer of officers to other departments, that’s how this came about. Ayes – All Discussion and Vote: Department of Public Works Payroll Transfer (10-21) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated the transfers are from the director DPW salary, City Hall labor, highway labor, social security, gas & oil. Transfers are to executive assistant to the commissioner of DPW, account clerk, social security, hospitalization opt out. Commissioner Franck asked who is coming in and who is going out. Commissioner Scirocco stated he is re-funding positions that were defunded. Commissioner Franck asked if part of Bill McTygue’s salary came from the water budget. Commissioner Scirocco stated $30,000 was in the general budget. Commissioner Franck asked if there were laborers who retired. Commissioner Scirocco stated there is money coming out of a labor line. Commissioner Franck asked for confirmation of what a highway labor is. Commissioner Scirocco stated it is an accounts clerk. Commissioner Ivins stated that wasn’t true. Commissioner Franck asked if the highway labor line is for someone in the street or for plowing. Commissioner Scirocco stated that could be for anyone; a janitor in City Hall. He believes it is streets. They just put 3 laborers back. Commissioner Franck stated it is showing a reduction. Commissioner Scirocco stated they are using the money from those lines for the account clerk. They are down 2 people in his office staff and they have accumulated a lot of overtime since the first of the year. They are paying people to sit home when they could be in the office working. The account clerk writes work orders and complaints from the tax payers and record them on the computer; process the energybills; Page 14 of 20 City Council Meeting 1/19/10 she is the secretary for the deputy commissioner; examine the warrant for accuracy and balance twice monthly; fax work orders to National Grid; sell compost; set up delivers and assist in deposit of receipts; compare sick days, vacation days, and personal day requests from all DPW personnel for approval by the DPW deputy. It is costing more money by not having the person there than not having the person there. He feels that position would serve better under the circumstances and as time went on if he saw fit he would start putting some laborers back in. The first laborer he put back was a janitor in City Hall. They were looking at closing City Hall at 2:00 p.m. because he didn’t have anyone to put in City Hall. Commissioner Franck asked how they were paying the janitor. Is this coming out of the water budget? Commissioner Scirocco stated it was not out the water budget but out of the regular budget. Commissioner Franck stated Commissioner Scirocco talked about not opening the public bathrooms because he doesn’t have laborers, he said at meetings there would be sewage in the streets because he doesn’t have laborers, and he has said when there is a snow storm he doesn’t have laborers. Now what he’s doing is taking out $43,000 out of the laborer line to put into an executive assistant and a secretary. Commissioner Scirocco stated he came into the department in 2008 with 153 employees and is now down to 119 – a 25% reduction in staff. He said he needed to have more control over his budget so he could run his own department. Commissioner Franck stated with this he is looking to take out more from the laborers. Commissioner Scirocco stated there were 7 full time laborers laid off and 3 of the 7 are back. Commissioner Franck asked then why wouldn’t he bring 2 or 3 more back. Commissioner Scirocco stated he needs a position in his office to reduce the overtime. He can check with the Finance office to see they have been ‘chalking’ up overtime because people have to work overtime to compensate for the shortfall. Commissioner Franck stated he is going to have the same problem on the roads. Commissioner Scirocco stated they were paying unemployment for this office staff person. Commissioner Franck stated the unemployment was in the budget. He stated Commissioner Scirocco is also paying unemployment for the laborers. He can live with putting more people on the streets, whether they are cops, firemen, or plow drivers. This doesn’t make sense to him. Commissioner Scirocco stated he just put another laborer on and he is going to revisit the bathrooms. Through good financial management of the department they have been able squeeze money to get some of the people back to work. There’s a good chance these people may be laid off in another 3 months. He felt this would serve the public better and he needs the people in his office. This is not the busy time of year, the busy time is in the spring and his people are already accumulating the overtime. Mayor Johnson stated the present budget has money allocated to the director position and Commissioner Scirocco is looking to take all but $2,500 out of the general budget for this position. He asked if he planned on replacing that position. Commissioner Scirocco stated he is looking at re-doing that position as the job mimics the deputy commissioner. He needs someone who will stay in City Hall more and didn’t have to be on the road. They may reclassify that position and maybe have a buildings and grounds guy. The city engineer and his deputy are taking on some of those duties. It wasn’t worth looking at hiring another person for $97,000. Commissioner Ivins stated he also has concerns as he has been stating he doesn’t have people on the street, and then you are looking to take more money out of that fund so he would have even less to put Page 15 of 20 City Council Meeting 1/19/10 people on the streets. He also has been talking about dispatchers and our public safety people can’t get in at nights or weekends to get gas. He would be more comfortable if he came back and said he is putting a dispatcher back as opposed to a clerical position. That would serve the City better than a clerk position. Commissioner Scirocco stated he know how to run his department as good as anyone there. These are the recommendations he is making. They just voted on 3 positions for the Department of Public Safety. He is asking for 2 positions that were already in his department and will save the City money. There isn’t any money in his budget for dispatchers. Commissioner Wirth stated they had 72 officers and now have 65 officers. Even with what they are doing they still only have 65 officers. He would like to see a dispatcher so they can get gas on the weekends. It is important that the police and fire have the gas situation taken care of for the City. Commissioner Ivins stated if he has to choose between the clerical staff or a dispatcher, he would take the dispatcher. Commissioner Scirocco asked if he is choosing then why did they lay off the dispatchers off at $10 per hour. Now he would have to rehire them back at $40,000 per year plus benefits. Where are they going to find the money? Commissioner Ivins stated after listening to the governor today, we are going to be down more money so he would prefer Commissioner Scirocco not spend it all. Commissioner Scirocco stated he needs these people in his office to run his office and provide the services he needs to provide. If he could put the dispatchers on for $10 per hour he would do it today. The last thing he wants to see is the garage unmanned – it is a liability for the City. Commissioner Franck stated again that he is reducing the budget line for the laborers by taking $42,000 out of the labor lines. Commissioner Scirocco stated he doesn’t think he could hire dispatchers from the labor line even if he wanted to. Commissioner Franck stated he can’t support what he has there. Commissioner Scirocco stated the unemployment bill for DPW last month was $11,000. This quarter is going to be more. Commissioner Franck stated unemployment was in the budget. Commissioner Scirocco stated he didn’t think unemployment was in the budget. He believed there was an amendment on the agenda tonight to increase it. Commissioner Ivins stated the transfer was for the 2009 unemployment. Commissioner Scriocco stated that was the money for 2010 coming out of the 2009 budget. Commissioner Ivins stated again this is for 2009 things. Transfers should have been put in before the end of the year and Finance didn’t get them before the end of the year, therefore they are doing an emergency transfer now. Commissioner Scirocco asked to clarify the number of positions (3) just put back for public safety. Commissioner Wirth stated they put 4 people back. Commissioner Scirocco stated he feels he needs these people. If he can see fit, he will try to move more money around to get people in dispatch. Page 16 of 20 City Council Meeting 1/19/10 Ayes – 1 Nays – 4 (Commissioner Franck, Commissioner Ivins, Mayor Johnson , and Commissioner Wirth) Discussion: City Finances Commissioner Ivins stated last year the governor proposed we get ½ our VLT money, so we know when the budget is passed it is not going to look like what was proposed today. We will have to stay on top of this and watch. He is looking to reduce the VLT aid to the people who did get money by an additional 10%. The governor is quoted as saying ‘Those communities would still receive adequate reimbursement for public safety and other local costs resulting from the VLT facilities.” Saratoga which has some of the same costs doesn’t get any money. The governor is also eliminating AIM payments to a couple counties and we are looking with this proposal to have our AIM payment reduced by 5%; which would equate to almost $90,000. We will have to come up with that somewhere in the budget. They are not touching the chips program; so we can still patch our roads. Our mortgage tax is down considerably; about $34,000 from last year through December. The parking system advisory committee met last week. He will be putting out an RFP for parking management services later this week. The Council will have an opportunity to review the RFPs and make a decision to accept one or not. A good amount of discussion was had at the last Council meeting about sales tax. He is doing additional research and plan to make a presentation at the next meeting regarding the history. Commissioner Franck stated he heard the VLT establishments may be allowed to stay open 24 hrs. He believes this is going to go through. The question is does this council have the ability to change the law. He doesn’t want to see public safety there or DPW there when we are not getting money for this. Add Item to Agenda Commissioner Ivins moved and Commissioner Franck seconded to add a payroll transfer to his agenda. (10-22) Ayes – All Commissioner Ivins moved and Commissioner Wirth seconded to approve the payroll transfers to cover the unemployment expenses in DPW, DPS, and City Center as previously distributed. (10-23) Commissioner Ivins explained this action is unusual. They would have liked to have these transfers before the end of the year. If they don’t do this they would have issues because they can’t take the money from any other lines. Transfers are being made from streets and labor to DPW a deficit of $11,465.08; transferring from recreation unemployment to DPS unemployment deficit - $2,062.82; and transfer from part time labor unemployment to City Center deficit - $45.00. Ayes – 4 Nays – 1 (Commissioner Scirocco) PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Change Order with Iota Construction for Geyser Crest Well Field (10-24) Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign the change order with Iota Construction for the Geyser Crest Well Field in the amount of $2142.57. Commissioner Scirocco stated while the motor on the #6 well was being replaced, they discovered the pump was not operating properly. They need to bring the pump to the surface and have it evaluated by Goulds Pump. The cost to remove the pump and bring it to the surface is $2,142.57. Page 17 of 20 City Council Meeting 1/19/10 Paul Male, city engineering stated the pump is below the ground and requires a crane to remove. It is also a confined space issue. Once the pump is out they will look to see if it needs to be rebuilt or replaced. Commissioner Franck stated he is concerned with the length of time it took to bring this to council. We do have a change order procedure where change orders must be brought to the next available City Council meeting for discussion and approval. According to the attachments, we originally found out about this November 3, 2009 according to the e-mail. It has taken 2½ months from the time we were aware of this to now to bring it forward. Commissioner Scirocco stated once they pull the pump, they may have a change order to repair the pump. Ayes - All Announcement: Pot Holes Commissioner Scirocco stated people are finding potholes. He asked the public to call the office or the dispatcher to notify of the pothole instead of calling the sound off newspaper. Update: Geyser Crest Well Field Scirocco stated the City has been under a Department of Health alert while upgrading the Geyser Crest Well Field system. The project allows for enhanced chlorination of the water before it travels into the homes. Work began in late October including the replacement of interior motors with high efficient motors and electric control improvements. In the past, water not being used by the residents in Geyser Crest would come into the City; we now can pump water back into Geyser Crest because of this. As a precautionary measure, the Department of Health asked that a boil water advisory be in place during the pipe replacement. All pipe work was completed by this past Thursday evening and the boil water stayed in effect until late Saturday afternoon. While Iota was doing the work, they came back looking for a change order for $25,000 to align the new pipe to make the connection. We didn’t think it was worth that and counter offered them $17,000; which they wouldn’t take. Our water crew went out and made the repair, saving the City $25,000. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Extended Medical Director Contract with Timothy Brooks (10-25) Commissioner Wirth stated Dr. Brooks has served the City as a medical director for many years. This position is mandated by the NYS Department of Health and authorizes all EMS personnel to perform the necessary function they are required to do while on call. The EMTs and paramedics practices under this license the same as a physician assistant does for doctors. This is a renewal contract from 2009. Commissioner Wirth moved and Commissioner Ivins seconded to authorize the mayor to sign the extended medical director contract with Timothy Brooks. Ayes – All Appointment: Dr. Paul Okosky as Public Health Director Commissioner Wirth stated he is appointing Dr. Paul Okosky as the public health director. The Charter states there shall be a health officer appointed by the Commissioner of Public Safety. This position is responsible for providing medical direction in the event of an epidemic, serious medical issues that would threaten a citizen, inspecting housing issues for condemnation, etc. Dr. Okosky has been the health officer in Saratoga for 22 years. Page 18 of 20 City Council Meeting 1/19/10 SUPERVISORS Joanne Yepsen Board of Supervisors County Committee & Board Meetings Supervisor Yepsen reported she secured figures from the county treasurer regarding the current status of the financial relationship between City and County. Supervisor Yepsen reported a public hearing held last week to amend and include a voice over internet protocol services among service suppliers. This was approved unanimously today at the County Board Meeting. The Personnel Committee put a resolution forward dealing with reporting work time for retirement purposes. All County appointed and elected officials will keep a record of a standard work week. The newly constructed animal shelter is offering a brick program between now and March 31st for $50 each. The Public Health Committee had a presentation from Saratoga Hospital who is in the process of applying for a grant with NYS Department of Health for a 5 year project. The funding of $1.2 million is intended to establish a healthy eating program to prevent obesity, diabetes, etc. The Board of Supervisors will be writing a letter of recommendation to support their application. Racing, Gaming, and Wagering Senate Standing Committee Meeting Supervisor Yepsen reported she attended the governor’s 2010 budget presentation. The County is looking at the unfunded mandates; which are proposed to be decreased this coming year. The Committee of the Senate is to deal with 5 issues that will affect our future of racing. One issue is the rules and regulations necessary for the implementation of video lottery gaming. This meeting was tabled and will be dealt with by the committee in the future. Sustainable Saratoga Supervisor Yepsen reported Sustainable Saratoga will meet next Tuesday in the Music Hall. There will be a discussion to set priorities for 2010. Public Workshop Supervisor Yepsen announced there will be a public workshop for the Rt. 50 Gateway Project. It will be held at the Gideon Putnam Hotel on January 21 at 6:00 p.m. Public is invited to participate. Matt Veitch Public Works Committee Supervisor Veitch reported they passed resolutions to fund over $5.7 million worth of projects for 2010 including $1.9 million for the Geyser Road bridge project. Work should commence in the spring with the road going to 1 lane. Public Safety Committee Page 19 of 20 City Council Meeting 1/19/10 Supervisor Veitch reported the committee had a presentation from District Attorney Jim Murphy. He shared info on the new DWI laws. There new DWI interlock laws – this means when you are convicted of a DWI felony or a misdemeanor, you need to have a breathalyzer lock on your ignition. You also have to keep doing that as you drive or the car will shut down. Supervisor Veitch reported the framing is up at the new animal shelter framing. The brick pavers are $50 for bricks – applications for the bricks will be left in the mayor’s office. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or including the DEC investigation as well as litigation for 23 Greenfield Avenue, LLC. at 9:38 p.m. Council returned from executive session at 9:57 p.m. Mayor Johnson stated there is one matter to be resolved from the Council. After discussion, the Council has decided to do the following: Mayor Johnson moved and Commissioner Franck seconded to retain the law firm of Miller, Mannix, Schachner, and Hafner to defend the City in the Article 78 preceding now pending in the NYS Supreme Court entitled 23 Greenfield Avenue, LLC vs. the City of Saratoga Springs. The amount of the retainer is $160 per hour up to a maximum of $10,000. Ayes – All ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 9:58 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 2/2/10 Vote: 5 - 0 Page 20 of 20