City Council

February 2, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:45 P.M. - P.H. – Local Law #1 of 2010: Extension of Moratorium – Local Law #1 of 2009 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. West Avenue Special Assessment District Annual Report 2. Sales Tax EXECUTIVE SESSION CONSENT AGENDA 1. Approval of City Council Minutes 1/19/10 2. Approval Budget Amendments 3. Approve Payroll 1/22/10 $387,866.09 4. Approve Payroll 1/29/10 $538,325.66 5. Approve Warrant 2009 Mid MC5DEC09 $35,253.55 6. Approve Warrant 2009 Regular 5DEC09 $495,768.53 7. Approve Warrant 2010 Mid 10MWJAN2 $3,281,513.56 8. Approve Warrant 2010 Regular 10FEB1 $116,105.04 MAYOR’S DEPARTMENT 1. Discussion and Vote: Resolution in Support of Happy Software, Inc. Application for Financial Assistance Through the Upstate Regional Blueprint Fund 2. Discussion and Vote: Local Law #1 of 2010 – Extension of Demolition Moratorium 3. Discussion and Vote: Appointment to the Ethics Board 4. Appointment: The Design Review Commission ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker and Firth for Article 7 and Article 78 Cases 2. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s FINANCE DEPARTMENT 1. Discussion and Vote: 2010 Bond Resolution 2. Discussion and Vote: 2010 Tax Resolution 3. Discussion and Vote: Department of Public Safety Payroll Transfer 4. Set Public Hearing: Amend 2010 Capital Budget-Spring Run Trail 5. Discussion: City Finances City Council Meeting 2/2/10 PUBLIC WORKS 1. Set Public Hearing : Water and Sewer Rates PUBLIC SAFETY 1. Discussion and Vote: Extend Maintenance Agreement with Fire Apparatus 2. Discussion and Vote: Hold Harmless Agreement with Zone 5 Training Center for Police Department 3. Announcement: Shared Services for Traffic Control Services 4. Discussion and Vote: Vesting of DPW Gas Pumps 5. Announcement: Promotion of Officer Benware to Sgt. SUPERVISORS Joanne Yepsen 1. Update on County Sales Tax Committee 2. VLT Announcement & Saratoga Racing 3. Guardian House for Homeless Women Veterans Fundraiser Matt Veitch 1. Update County Sales Tax 2. Announcement: Racing Committee Meeting 3. Update: Geyser Road Trail CDTC TIP Funding ADJOURN Page 2 of 17 City Council Meeting 2/2/10 February 2, 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. PUBLIC HEARING Local Law #1 of 2010 – Extension of Moratorium – Local Law #1 of 2009 Mayor Johnson opened the public hearing at 6:46 p.m. Samantha Bosshart of the Preservation Foundation stated they feel strongly that the moratorium should be extended while they are considering an expansion of the National Register District as well as reviewing and updating the historic ordinance for zoning. She hopes the Council will consider supporting the extension. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:04 p.m. Page 3 of 17 City Council Meeting 2/2/10 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. Phil Diamond of 29 Waterview Drive stated he hears people talking around town and some of the things in the paper are written by comedy writers. He recently read the public safety vehicles are not able to gas up at the City gas pumps. That made him wonder how silly can we get. He told the person who keeps the keys to the pump to give them up when there is no one on duty and vest them in the Department of Pubic Safety. The police or fire departments are not going to steal our gasoline. Ian Hamelin of 4 Elbern Street stated he is one of the directors of the Dance Flurry Festival. The event will be coming up shortly. He thanked Commissioner Scirocco and the Council for making the Music Hall and the Casino rentable property for 2010. He also wanted to remind people that February can be a month of inclement weather. Last year there were 3 incidents of bone breaking injuries and trips to the hospital. He wanted everyone to be aware of the number that attend this event and would like to have the maintenance kept up. He thanked the Council for their support. Al Calucci of 9 Lexington Road stated Pennsylvania granted all race tracks to open casinos. This could have a great impact on Saratoga racing and could jeopardize our summer meet. NYRA is projecting 5.5% decrease in handle. He reviewed the parking plan in Sunday’s paper and is very leery of it. He feels it could jeopardize the downtown area and the product of this City. It will affect the seniors. He has received comments from approximately 200 people. He does have an option he would like to present to the Council to deliberate. The first thing is to consider an increase of 1% in the City’s sales tax. The second thing suggested is an immediate freeze on all wages for 1 year; Skidmore just agreed to a 2 year freeze. Our biggest product we have in Saratoga is the City of Saratoga. If we jeopardize in any way what people expect to see when they come in the summer months, we will jeopardize the growth of this City. He is trying to fill the gap between the decrease we projected and the $1.3 million in revenue projected for parking as an alternative. The third thing is to revisit the SPAC surcharge. SPAC is taking charge of their own ticket sales and will generate a lot more revenue for SPAC. He doesn’t believe a $2 surcharge would hurt on any ticket sale. He has other ideas for fines, etc. that he needs to talk to the County district attorney. One last thing is parking enforcement on the weekends. We need to start generating pennies before we start generating dollars. Kyle York of 59 Railroad Place stated for the record he likes the Council all as people and respects them all as politicians. He feels the merchants here are his friends as he shops in all their stores. In 2007, some Albany students presented a parking plan to the Council as a project. For 2 ½ years he has researched the parking situation even though the merchants believe it will kill our downtown. The parking committee came together and he heard the merchants were going to soften on their position. It is the standard in any case study that the place where the parking is, the congestion is, and the business is, that’s where you go for the money. The bidders of the parking RFP are being asked to bid on 2 things: 1. do paid parking on some of the lots but leave all the streets free including Broadway or 2. use the lots and the developer has the right to designate street parking except Broadway . Now we have a City possibly in the future where there is paid parking in the lots and on the streets but Broadway is free. This is contrary to every bid of advice out there. This plan will never generate the revenue we need because it excludes our cash cow and it will cause congestion. Mayor Johnson closed the public comment closed at 7:20 p.m. PRESENTATIONS West Avenue Special Assessment District (WASD) Annual Report Commissioner Ivins introduced Matt Jones of the West Avenue Special Assessment District to present. Page 4 of 17 City Council Meeting 2/2/10 Matt Jones advised he is the attorney for the West Avenue Assessment District. The report was presented to each Council member. Mr. Jones stated there is nothing remarkable about it. There are 70 property owners that are part of the special assessment district and are in year 8 of the 25 year obligation. In 2010, rather than levy the full $49,000, the board of directors elected to use $25,000 of the $50,000 surplus to apply to the payment to the City. They will do the same for 2011 to lessen the tax burden. Commissioner Ivins moved and Mayor Johnson seconded to accept the report as presented by Matt Jones. Ayes – All Sales Tax Commissioner Ivins stated he put together some stats and figures to bring people up to date. In 1982 the County enacted a 3% sales tax on top of the State of New York 4% tax. Saratoga Springs already had a 3% sales tax. In 1985 the County joined with Saratoga Springs and Mechanicville with a formula that had preferential treatment for Saratoga Springs and Mechanicville. There were minor changes through 1997. That formula lasted until June 2002 when Saratoga pulled out of the formula and the formula was recreated based upon the remaining towns and the City of Mechanicville. The feeling around the County in 1997 was Saratoga was getting more than it was generating. In addition, the supervisors at the time (Scirocco and Klein) fought for the City to get more of the sales tax revenue. One of the key factors in the calculation was population. Some of the towns were growing faster than others and thought they would get a bigger share; however, the formula remained the same. A great quote came out of that meeting – “You know you’ve met a compromise when no one is happy.” We were still in the formula for a portion of 2002; half of the year 2002 is the formula and the other half is ours. Part of the jump from 2003 to 2004 was due to the economy picking up and the other part was former Commissioner McCabe did a great job of finding business that were in our zip code but the state had them listed as doing business outside of the 12866 zip code. The formula in 1997 which lasted until we pulled out stated the City would receive 20% of the first $20,000,000 collected with 25% of revenues distributed based on its share of population. An additional 25% of revenues distributed based on its share of the value of taxable real property. Real property is calculated annually where population is calculated every 10 years based upon the census. He presented the percentage of real property in Saratoga Springs in 2002 - 2008. If we had stayed in the formula and if the formula did not change – we would have ended up at $11.5 million more in revenues than what we generated on our own. No one knows if that is a real number; who knows if the formula would have changed. Future property growth and property changes would have changed the amount received. Global Foundries is not being taken into effect here because the formula is based upon tax paying properties. There has been talk that the City’s sales tax revenue growth has been growing faster than the County. We did in 2004 but in some years the County grew more than the City. There has also been talk that the City should get back into the formula. The County has a weighted vote based upon population. Our 2 supervisors together have about a 13% vote. They would have to get other communities together to vote for us to get back in. Would other communities encourage their supervisors to vote to give away money from their county and give it to us? If we get a bigger slice of the pie, then everyone else is getting a smaller piece. We get half the revenues of admissions tax from the track. By law, the County is supposed to get all of it but they give half to us. To raise the sales tax 1% - we would have to share that with the County, therefore we would get .5% and we would have to go through the state legislature. If it went that way we won’t see anything until the state’s budget is settled – maybe May. SPAC surcharge keeps coming up where people in the City are in favor of it and the people outside the City state they would never come here again if we did it. That too requires state legislature approval. The governor has said maybe we can charge per event Page 5 of 17 City Council Meeting 2/2/10 for profit agencies the exact cost for police protection. He plans to re-open the budget discussions about SPAC after this budget cycle. Commissioner Franck asked where Commissioner Ivins got his numbers from. Commissioner Ivins stated from the County Treasurer – Pitcheralle. Commissioner Franck stated the problem is every time a change was made it was to the City’s detriment. Phil Klein was grilled at the mic by the Council regarding if there was going to be a reduction – Phil stated he couldn’t promise a reduction wouldn’t happen. Roy McDonald also stated there was going to be a reduction. The formula brought out over those years is not correct as there was going to be a reduction. He can’t answer if the reduction was enough to make up the $11 million because he doesn’t know what the reduction was going to be; we got out before the reduction. Commissioner Ivins stated the calculations he did were based upon the property tax numbers given to him by Mr. Pitcheralle. Commissioner Franck stated the County was down $10 million in sales tax revenue. The County overestimated taxable sales in 2009 by close to $1 billion. The County’s surplus is also down considerably since he came into office. Here is what is going to happen – the County will go up to 8% over the next 2 years. When you are the supervisor of a town that doesn’t have town taxes, you are going to vote on either increasing sales tax or instituting a property tax. He doesn’t want to be the first one to increase sales tax. He wants to be sure everyone understands that was not going to be the formula; it was going to be reduced. The republicans knew this was going to happen. If we go into the County formula, other towns (i.e. Corinth, Edinburg, Day) are going to determine what our property taxes are going to be. These towns are going to need certain figures and monies. They will be able to cut us at any time. If we are going to look at going back into this formula, then we will have to have some kind of floor so we know what we are going to get percentage wise. That would be the reason why the County wouldn’t let us in. He believes we should leave it open for the supervisors to discuss. If the County doesn’t want us in, there is no reason to discuss this. If they do want us, then the City needs to get some kind of guarantee; if no guarantee, then property taxes will go up. With what we have currently we have control. If the County supervisors can give us control, he will be the first one to look at it. Global Foundries is a long pilot. He would like to go through and check the figures in the presentation. Commissioner Scirocco stated he lived some of this. There might have been some talk at the County about reducing the percentage the City was getting. He doesn’t know of anyone finding any minutes or proof to that affect. In 1998 they negotiated 50% of the admissions tax, which the City was never getting. When KPMG did the study, they advised not to do the change now as the City would lose money. We are not ahead and he doesn’t believe the County will ever let us back into the formula. He believes the City lost a lot of money getting out of the formula. Getting the $4 million up front allowed us to do the business we needed to do in the City. Mayor Johnson stated there are political overtones to this issue regardless of which party you are in. This probably won’t be the last of this discussion at the table. Commissioner Franck stated no one had anything to do with this. We just have to live with it. Commissioner Ivins stated part of the problem was no one could actually figure what was really being generated out of the City. He would not get back into the formula unless we were sure we’re sure of getting more than we were getting. He doesn’t see the towns giving that up so we have to live with what we have. Supervisor Yepsen stated she was going to report later on a meeting that just happened at the County. When Supervisor Peck put this committee together, the City was the furthest thing from their mind. The purpose of the committee was because the supervisors wanted to look at how the assessed property values were going to affect the sales tax distribution for the rest of them. It was not on their mind to ask the Page 6 of 17 City Council Meeting 2/2/10 City to come back. People keep saying we went ‘out of the formula’. We never ‘went out of the formula’, it was recalculated. The County receives 50% of what we collect. If you were budgeting for your own business, do you want to budget on known or unknown figures. Also, if you renew DMV on line – the County doesn’t receive anything; if done in person, the County collects a percentage. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes 1/19/10 2. Approval Budget Amendments 3. Approve Payroll 1/22/10 $387,866.09 4. Approve Payroll 1/29/10 $538,325.66 5. Approve Warrant 2009 Mid MC5DEC09 $35,253.55 6. Approve Warrant 2009 Regular 5DEC09 $495,768.53 7. Approve Warrant 2010 Mid 10MWJAN2 $3,281,513.56 8. Approve Warrant 2010 Regular 10FEB1 $116,105.04 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Resolution in Support of Happy Software, Inc. Application for Financial Assistance Through the Upstate Regional Blueprint Fund (10-26) Mayor Johnson stated the resolution is attached. This company is a software company in the City. Joe Mastrianni of Copperfield Road in Greenfield Center is the president of Happy Software. They have been in Saratoga Springs for 13 years and employ 25 programmers and technical support people. They serve the federal government market for housing and urban development and FEMA. They bring a lot of money into the community and are moving into the vacant building that formerly housed National Grid. The grant will help them build infrastructure and hire 5 people this year and 12 over the next 5 years. This grant will help them get the low interest loan. Mayor Johnson confirmed that the new location is on Federal Street. Mr. Mastrianni confirmed that was correct. Commissioner Ivins confirmed there is no cost to the City. Mayor Johnson advised there is no cost to the City and thanked Happy Software for remaining in the City. Mayor Johnson moved and Commissioner Ivins seconded to approve the resolution in support of Happy Software’s application for financial assistance through the Upstate Regional Blueprint Fund. Ayes – All Discussion and Vote: Local Law #1 of 2010 - Extension of Demolition Moratorium (10-27) Mayor Johnson advised this was on the last Council meeting in the form of a resolution. Upon further consideration, it was decided that it was best to bring this to the Council again as a local law rather than a resolution. The grounds for the extension have not changed. The extension is from February 1, 2010, to April 30, 2010. Since we have enacted the initial moratorium, an application has been filed to expand the local historic district to match the national register of historic districts. Page 7 of 17 City Council Meeting 2/2/10 Mayor Johnson moved and Commissioner Franck seconded to adopt Local Law #1 of 2010 which extends the demolition moratorium to April 30, 2010. Ayes – All Discussion and Vote: Appointment to the Ethics Board (10-28) Mayor Johnson advised he is putting the name Justin Hogan before the Council for consideration of appointment to the Ethics Board. The City’s ethic code is specific as to who should be appointed among the political parties in the City. We presently have a vacancy that is required to be a Republican. The code is drafted to have a Democrat, a Republican, etc. for balance on that board. Mayor Johnson thanked Dr. Edward Amyot, the outgoing member for his dedication and time to the City for his service. Mayor Johnson advised Justin Hogan is native to the region and is now a City resident. His background includes a BA in arts and political science from SUNY Albany, and is presently employed by SUNY Albany as development director. He is pleased to place him for nomination before the Council as a member of the Ethics Board. Mayor Johnson moved and Commissioner Franck seconded to appoint Justin Hogan to the Ethics Board. Ayes – All Appointment: The Design Review Committee Mayor Johnson thanked the outgoing board member – Patrick Kane. His term had expired and did not seek re-appointed on this committee. Mayor Johnson advised he is pleased to announce the appointment of Staci Mannion. A requirement of this board is to select a person who lives in the historic district; Staci lives in the historic district. She is very involved in community activities and the Empty Stocking Project. She and her husband were recipients of a recognition award from the Saratoga Preservation Foundation for the efforts in the restoration of their home. She has a BA in labor relations and many years of employment experience in marketing. He tries to balance out each of our boards from all aspects. ACCOUNTS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker and Firth for Article 7 and Article 78 Cases (10-29) Commissioner Franck advised the contract presented tonight is a renewal contract for this law firm. He requested the firm take on additional cases which have similarities in their defense for a more cost effective defense approach. The Fitzgerald firm has agreed to reduce its fees to $135 per hour for litigation work and continue at $170 per hour for trial representation consistent with the previous law firm handling the case. Commissioner Franck is also including the continuing matter of the Glaser Article 78 and asked that the fees be the same as that of the Article 7 cases, not to exceed $10,000. Just recently, the firm was asked to take over FOIL responses on behalf of the City which is adding to the cost of this case file. The firm is handling many facets of the Article 78 case not normally handled. Page 8 of 17 City Council Meeting 2/2/10 Commissioner Franck moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Fitzgerald, Morris, Baker and Firth as described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s (10-30) Commissioner Franck moved and Commissioner Ivins seconded to extend the lease agreement for the parking deck sign program for Purdy’s Discount Wine and Liquor for 1 year under the same terms and the lease that expired. Ayes - All FINANCE DEPARTMENT Discussion and Vote: 2010 Bond Resolution (10-31) Commissioner Ivins moved and Commissioner Franck seconded to approve the 2010 bond resolution as previously distributed to the Council. Commissioner Ivins stated they are looking to bond when the financial climate is favorable and the department have communicated they will need the money. They are currently looking at bonding in June. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson - Aye Discussion and Vote: 2010 Tax Resolution (10-32) Commissioner Ivins moved and Mayor Johnson seconded to approve the 2010 tax resolution as previously distributed to the Council. Commissioner Ivins stated this is the annual resolution. The tax bills were mailed yesterday – the first quarter is due Monday, March 1st. The tax bills talk about a 9.3% tax levy. That means the total tax levy increases 9.3%. If you take the 7.3% tax increase and add property that has increased in value over the past year, the total tax dollars collected is an increase of 9.3%. Mayor Johnson suggested in the future listing the actual tax rate that is in the budget. Commissioner Ivins advised the tax bill is printed by the County, so to change the format would be a major undertaking. Ayes – All Discussion and Vote: Department of Public Safety Payroll Transfer (10-33) Commissioner Ivins moved and Commissioner Wirth seconded to the Public Safety payroll transfer as previously distributed to the Council. Commissioner Ivins stated this is a transfer from the stop DWI overtime line to stop DWI miscellaneous equipment line for purchase of emergency lights for vehicle use for stop DWI. Page 9 of 17 City Council Meeting 2/2/10 Ayes - All Set Public Hearing: Amend 2010 Capital Budget – Spring Run Trail Commissioner Ivins set a public hearing for 6:55 p.m. on February 16, 2010. Discussion: City Finances Commissioner Ivins reported we received sales tax information; we are projecting to be a little less than 5% for the year. People were starting to buy again at the end of 2009. PUBLIC WORKS DEPARTMENT Set Public Hearing: Water and Sewer Rates Commissioner Scirocco set a public hearing for 6:45 p.m. on February 16, 2010. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Extend Maintenance Agreement with Fire Apparatus (10-34) Commissioner Wirth advised this is a continuation of a maintenance agreement for the fire vehicles with no increase in rates. Other quotes were received and Fire Apparatus still remains the choice due to their service records and rates. Commissioner Wirth moved and Commissioner Ivins seconded to accept the maintenance agreement with Fire Apparatus. Ayes - All Discussion and Vote: Hold Harmless Agreement with Zone 5 Training Center for Police Department (10- 35) Commissioner Wirth stated this is an annual agreement with Zone 5 of the Municipal Police Training Council located in Schenectady. This is where the police officers receive their initial 6 months of training. During that time they are under the City’s payroll. The agreement holds zone 5 harmless in any event of injury. Commissioner Wirth moved and Commissioner Ivins seconded to sign the hold harmless agreement with the Zone 5 training center for the Police Department. Ayes – All Announcement: Shared Services for Traffic Control Services Commissioner Wirth announced that he has had discussions with the Mayor of possibly contacting other municipalities for the sharing of services for animal and traffic services. There are many questions that haven’t been answered yet regarding overtime, travel, etc. There is no formalized training available for anyone who achieves a Level 1 certification from the state of New York to maintain or repair traffic lights. It requires a background in electronics and training, in which a lot of the training is provided on the job. When this is further explored, they will report back to the Council. Page 10 of 17 City Council Meeting 2/2/10 Mayor Johnson stated we had a power outage last summer and traffic lights were out for 3 days. Although the employee had the right to be out of town, the situation that occurred was not acceptable. Having a backup plan is prudent and the responsible way to go. He applauded Commissioner Wirth for the idea. Commissioner Ivins also applauded the Commissioner’s idea. He is always in favor of shared services as long as it saves us money in the long run. He is looking forward to the cost analysis of this. Discussion and Vote: Vesting of DPW Gas Pumps (10-36) Commissioner Wirth stated he is looking to assist Commissioner Scirocco in this matter. The situation started the beginning of January when Commissioner Scirocco had a problem staffing the garage. Since then the Public Safety Department has been going to Stewart’s to gas up their vehicles; it is expensive. They went to Stewart’s the week of January 1, the week of January 8th, and the week of January 15th. The Council discussed this problem at the January 19th Council meeting, but the problems continued and Commissioner Scirocco still didn’t have the dispatchers there late and on weekends when they needed it. On January 21st, they gave Commissioner Scirocco a letter advising of the seriousness of this issue. The problem continued. Commissioner Wirth looked at the Charter and found it stated the commissioner of the Department of Public Safety can assist in this matter. Now he is looking to vest this in his department. He asked Commissioner Franck to provide the costs for not being able to use the City’s gas pump. Commissioner Franck advised for the week ending January 4, 2010 was $133.42 extra versus state contract, for week ending January 10, 2010 was $234.27, and the week ending January 17, 2010 was $89.46 for a total of $450+ for the 3 weeks. The information for the week ending January 24th is not yet available. Mayor Johnson advised the City has a state contract which provides the City a reduced price per gallon for gas. We are talking about the differential of about $1 per gallon right now. It is significant over time. This whole situation with DPW allowing access to the pumps during the ‘off hours’ is because they don’t have the staffing (dispatchers) to allow the access to the pumps. This is a situation we are all trying to figure out the best course of action to serve the public and protect public safety needs during the off hours while recognizes we just can’t go to Stewart’s and pay the same amount the public pays for gas. It is not serving the tax payer. Commissioner Wirth stated there is also dollar amount that they have to be careful not to exceed. This resolution would help Commissioner Scirocco when he doesn’t have help. Commissioner Scirocco stated he is not clear on what Commissioner Wirth is proposing. Commissioner Wirth stated he is proposing installing a camera to view the gas tanks and a swipe card. All this would come out of the public safety budget. Commissioner Scirocco stated none of that would help him because “cameras can’t answer the phones”. He advised public safety can get gas during the week from 7 am to 11 pm. The issue is on the weekends. He thought they came to a good solution that helped him and public safety. That makes more sense than just putting a camera there. They are going to have to spend money on a camera, maintenance of a camera, for a gate, swipe cards, etc. He would like to get an opinion from the insurance company or risk and safety because he thinks they should be manned 24/7. It is ridiculous what we are trying to do. We recognize there is a problem over there. We came up with a solution although it wasn’t 100%. Now you are saying you want to take over the DPW garage. Why didn’t Commissioner Wirth run for the Department of Public Works instead of Public Safety? Why didn’t the rest of the City Council run for Public Works if that’s what they want to do – run his department. He is not going to support this because it is not the right thing to do; it is not the right thing to do for the people of the City of Saratoga Springs. Commissioner Ivins stated to put in the system they are looking at will be from $2,100 to $7,200 which could come out of the facilities upgrade fund. There is $200,000 there. He is looking at information that just came through his office – Commissioner Scirocco is looking at someone who is making $20 per hour plus benefits, etc. Then we have to add to that the other people he brought back. He believes Page 11 of 17 City Council Meeting 2/2/10 Commissioner Scirocco is going to run out of money come November and they are just trying to find ways to save him money. Commissioner Scirocco asked why someone didn’t sit and talk to him. He just seeing this for the second time – he saw this resolution on Friday. He doesn’t understand what is going on here. Someone should have discussed this issue with him. He said he talked about putting dispatchers in 2 weeks ago – Commissioner Ivins stated he wanted dispatchers. Commissioner Ivins stated he rather have a dispatcher than a clerical person. Then he said he rather Commissioner Scirocco not spend the money at all. Commissioner Scirocco stated having a dispatcher there makes a lot of sense because of a public safety issue. There is a hospital 2 blocks away, a school across the street, and millions of dollars worth of equipment that no one is looking out for. You are going to put a camera on the pumps and have the cops watching the cops? That makes no sense to him. If you are going to do it right, the whole lot should be under camera. When is this going to be done and how much is it going to cost? It is not about the best interest of the public it is about money. Commissioner Scirocco also stated he is working with Barton and Loguidice to put together a SPCC (Spill Prevention Control and Counter measures) which is an EPA regulated plan which has to be signed off on. It’s in that plan that everyone who goes in to use the pumps have to sign off. This is about helping everyone else but me. If you want to serve the public like you were elected to do; you put a dispatcher in there. He stated he doesn’t have to turn the key over to anyone. The Charter states he is responsible for the garage and he is taking responsibility for it. He thinks everyone else at the table should take more responsibility. He told the Council to do what they have to do but he is not supporting it. Commissioner Wirth confirmed what each person needs to ‘sign-off’ is a form. Commissioner Scirocco stated it is called the spill prevention and control and counter measure plan. They are in the process of developing that plan for the EPA through Barton and Loguidice. Commissioner Wirth confirmed that anyone who gets gas has to sign off in case there is a spill; they know who to report to. He asked Commissioner Scirocco if they have been doing that. Commissioner Scirocco stated they hadn’t been doing that. They are in the process of putting the plan together. Commissioner Wirth asked if we were in contract now with Barton and Loguidice. Commissioner Scirocco stated we are in contract. Mayor Johnson stated it was his understanding that DPW and DPS had been discussing this issue all week long. We also tried to discuss this at the pre-agenda meeting yesterday but no one from DPW was here to discuss it. That is why it is on the agenda tonight. We are trying to reach a resolution that is cost effective as soon as possible. We can’t continue to use outside vendors for gasoline over the weekends. Commissioner Wirth had been trying to get a resolution with Commissioner Scirocco this week but that wasn’t working out. Commissioner Scirocco stated they put someone in at the garage this weekend on overtime so they could get gas there. With that they were going to put one more person on to get coverage from 7 am to 11 pm. That was the agreement they talked about and shook hands on. He wanted to find the money in hisbudget to do what needed to be done. Commissioner Wirth stated he understood people were going to be there on straight time but the person was paid overtime. Page 12 of 17 City Council Meeting 2/2/10 Commissioner Scirocco if they put a dispatcher in there, they would coverage over there from 7 am to 11 pm with 1 person. They would have to pay the person more than $10 per hour; they can only put a dispatcher in there because of Civil Service law. He asked if anyone looked into going down to the County to get gas on a Saturday or Sunday. He doesn’t see that to be a big deal. Someone might want to talk to the County. Commissioner Ivins stated it’s not that they wouldn’t do it for us, it is we would have multiple police cars and fire equipment running to Ballston Spa as opposed to something in our own backyard. Commissioner Scirocco stated it is just Saturday and Sunday that is an issue and 1 dispatcher would take care of the problem. Commissioner Ivins stated he mentioned to Commissioner Scirocco over a month ago to give the cops keys. Then Commissioner Scirocco worried about security, so cameras were suggested; this has been discussed a long time. Commissioner Scirocco hasn’t like those suggestions and wants a person out there. He is looking at dollars and cents. Commissioner Scirocco has added other full time people back on the payroll and Commissioner Ivins is not sure where Commissioner Scirocco’s budget is going to be in November. Putting cameras everywhere compared to $40,000 plus social security, retirement, health insurance, it is a good investment. The monitor would be put in the police dispatch so someone can monitor it all the time. Commissioner Scirocco stated again – you have the cops watching the cops. This is not about helping him it is about helping everyone else. He stated “if you are not helping me you are not helping the public”. That’s what the Council doesn’t get and they need to get it. He stated he supports everything the Council does and he tries to work with everyone. It is not fair to him and the public. Commissioner Franck stated he believes this can be done revenue neutral. He believes he has the people now that can be moved around without hiring anyone. He is not familiar with the DEC rules regarding the above ground tank rules. He looks at this as Commissioner Scirocco was holding the gas tanks hostage. This is a safety valve, the problem is you may change your mind in 2 days and the cops can’t get back in there. He would rather have the cops watching the cops rather than the robbers watching the robbers. We are violating NYS purchasing guidelines. Commissioner Franck advised Commissioner Scirocco he is going to have the comptroller coming back in to visit him and it is not going to be pretty. He doesn’t like jumping over departments, but we already gone a month like this. This resolution is a short term solution. Based upon what he reads in the Charter this can be done without a resolution. Commissioner Scirocco and finance needs to sit down soon to look at moving people around a little and changing the schedule and working with what you have so that you don’t have to hire someone else. We don’t have any money. You can keep spending it but once you are out, you’re out. Commissioner Scirocco stated he is not asking the Council for the money. He is asking the Council to let him run his own department and look in his budget for the money. Commissioner Franck stated in the mean time we should pass this until all the transfers are done. If there are more budget cuts and people are lost, we don’t have to come back and do this again. It is there as a backup to public safety. We don’t have to have cameras to get gas. They need the ability to get in there. Mayor Johnson stated he is not sure what the difference is for police to have access on their own compared to DPW workers who have access 24/7. As is the risk any less for the DPW workers to get gas off hours compared to the police officers. Commissioner Scirocco stated his people don’t get gas unless there is a dispatcher. Mayor Johnson asked if they don’t need gas during a snow storm on weekends. Commissioner Scirocco stated they call a dispatcher in. It makes sense during these circumstances. His people do not get gas when a dispatcher is not there. The whole problem is a self created hardship. The Page 13 of 17 City Council Meeting 2/2/10 solution is to at least put 1 person back in. That is fair. If he can’t, go with the camera. He asked how long it will take to put the cameras and swipe cards in. Commissioner Franck advised even if it took a month, it would still be cheaper than hiring someone full time. Commissioner Scirocco stated putting someone in would help everyone. They do get busy on the weekends; the population pretty much doubles. His department runs 24/7 like the police. Commissioner Franck stated the population doesn’t double on the weekend. Commissioner Scirocco stated this has to be clear what it is going to do to DPW and what you expect of DPW. Mayor Johnson stated they are expecting access to the gas pumps. Commissioner Scirocco stated they want access to the gate, access to the building that controls the gas pumps, turn on the gas pumps, get their gas, turn off the gas pumps, go out and lock the gate. Commissioner Franck stated he felt the resolution was pretty clear. Commissioner Scirocco stated the resolution states cameras are going to be installed. The resolution is not clear – it says you are going to put cameras and a swipe card system in. Commissioner Franck quoted the resolution as “the City Council wishes to vest the Public Safety Commissioner with the temporary management and care of the DPW…”. Commissioner Scirocco asked what temporary means. Commissioner Franck stated public safety needs gas. They have been running to Stewart’s but it is not helping the tax payer. He reminded Commissioner Scirocco that he said he wasn’t going to open up the garage and give them gas. Commissioner Scirocco stated he is opening it up 7 am to 11 pm Monday through Friday. The issue is on the weekends. What are you asking DPW to do here? Commissioner Franck stated nothing. They are asking to get in to put in swipe cards and cameras. Commissioner Wirth stated this is a back up plan for when DPW doesn’t have someone there so they don’t run out of gas. Commissioner Scirocco stated they are talking about putting a swipe card system in with access to the building. Mayor Johnson asked how employees enter the garage now – swipe cards or keys. Commissioner Scirocco stated they have keys to get in and the gas pumps are turned off. Dispatchers are the only ones who operate the pumps. Mayor Johnson confirmed they don’t actually pump the gas. Commissioner Scirocco stated they keep track of what happens there. There are issues over there that are not being addressed in this resolution. What we talked about was putting a dispatcher in there, we didn’t talk about this. He believes this resolution stinks. He still is not clear what they are asking him to do. Are we going to wait until the swipe cards and the cameras are installed? What is the plan of the Council? He wasn’t privy to any of the conversation when it took place. Page 14 of 17 City Council Meeting 2/2/10 Commissioner Wirth stated this is a back-up. It won’t go into effect until everything that is in there is at the location. Commissioner Scirocco asked Commissioner Wirth if he is going to continue to buy gas on Saturdays and Sundays. Commissioner Wirth stated he would like to get it at the garage. Commissioner Scirocco stated that he would have to put someone on overtime for that to happen. Commissioner Ivins stated that will cost $240. Commissioner Scirocco stated that’s the problem. Commissioner Ivins stated that it is less than $40,000 per year. Commissioner Scirocco stated the cameras don’t always work. Commissioner Wirth asked Commissioner Scirocco when he can have his schedule worked out to have people. Commissioner Scirocco stated he can have someone there starting this weekend from 7 am to 11 pm. He is comfortable with that; obviously the City Council has a problem with that. He will find the money in his budget to do it and if he can’t he will come back as say let’s go to plan B. He asked the Council to let him do what he thinks he needs to do. He got elected to run the department and that’s what he is going to do. He told the Council they shouldn’t think they are going to run him out of the door. He is not backing down and is not going to get run out the door. He is not clear on what he needs to do. He stated he will park a dump truck there and won’t do anything until he is clear on what this resolution wants him to do. He stated the resolution states by the Charter (and the only time they go by the Charter is when he’s involved) they are going to take over the DPW gas pumps. Mayor Johnson stated obviously they hadn’t agreed on it because it is still on the agenda. Commissioner Scirocco stated the mayor and the other commissioners hadn’t agreed on it. He sat with Commissioner Wirth and agreed on this plan. Those are the 2 departments involved; the Mayor’s Department is not involved, finance is not involved, and accounts is not involved. Those 3 departments are trying to tell him how to run his department; and consistently try to tell him how to run his department. According to the Charter this is his responsibility and he doesn’t know why those guys don’t read the Charter. The only time they read the Charter is when it works against him. Mayor Johnson stated if he is not going to do his job as they see it should be done then they are going to step in. That is what’s happening. Commissioner Scirocco stated this is a self created hardship. They laid the people off not him. His department got cut $1.3 million and 40 employees. We are not here to make money; we are here to provide a service. If we can’t provide a service then we don’t belong here. He figured out a way to do it and thinks it’s within his budget to do it. Let him try to find the money to do it. Commissioner Ivins stated come October or November Commissioner Scirocco is gong to come back to the Council saying he is out of money and won’t be plowing the streets and it’s their fault because they cut everything. They are trying to find money now so we don’t have that problem down the line. Commissioner Scirocco told Commissioner Ivins he is not doing his job. It needs to be clear. Mayor Johnson stated it is clear. It allows public safety access to the gate to install a swipe system and then allows them access to the pumps to get gas on off hours. Page 15 of 17 City Council Meeting 2/2/10 Commissioner Scirocco asked when that is going to happen. Mayor Johnson stated he would have to ask public safety and work it out with them. Commissioner Scirocco stated he is not going to ask public safety. They should have a plan in place; they have no plan. Commissioner Wirth moved and Commissioner Franck seconded to accept the resolution as described which will be effective after everything is installed on an as needed basis. Ayes – 4 Nays – 1 (Commissioner Scirocco) Announcement: Promotion of Officer Benware to Sgt. Commissioner Wirth announced Sgt. Benware has been with the department for over 15 years. He has served as a field training officer for the last 10 years. In that capacity he has been responsible for thedirect supervision and on the job training for new officers upon their graduation from the academy. Sgt. Benware has won numerous departmental awards including honorable service and life saving commendations as well as several letters of commendations. Sgt. Benware was sworn in by Commissioner Wirth. SUPERVISORS Joanne Yepsen Supervisor Yepsen stated she just received a description of a grant from the New York State Housing Trust Fund Corporation Office of Community Renewal. This is something the City should look at. Update on County Sales Tax Committee Supervisor Yepsen reported they held their first and probably last meeting on the County sales tax revenue distribution. They reviewed the legal document put together about 5 years ago that states the assessed property taxes are set by the County. Taxable real property excludes property wholly exempt from county taxation. Global Foundries is exempt because it is a pilot project and therefore will be assessed at zero and its value will not be an issue in the sales tax distribution formula. Two other issues that came up are: Global Foundries came up with an agreement with Malta and Stillwater for $4 million dollar host community contribution that will be split 75% to Malta and 25% to Stillwater; and Stillwater is a tax town and Malta is a no tax town. There are some taxes that are going to be involved through the Stillwater budget. VLT Announcement & Saratoga Racing Supervisor Yepsen reported the Aqueduct Entertainment Group has been awarded the bid for VLTs at Aqueduct Racetrack. There are a number of things she is concerned about; how solid this agreement is and they need to continue to hear from all of us about how important this decision is to our local economy. Without the VLTs we can’t get the funds needed to improve the structures and grounds at the Saratoga Racetrack. Our local economy completely depends on this moving forward and moving quickly. Guardian House for Homeless Women Veterans Fundraiser Supervisor Yepsen reported a fundraiser will be held this Sunday at the VFW in Saratoga. This fundraiser is for homeless women veterans. The Guardian House will be opening as the first one in New York of its kind in Ballston Spa. They are still in need of funds and hope people can help support this effort by sending a check or attending the fundraiser. Matt Veitch Page 16 of 17 City Council Meeting 2/2/10 County Sales Tax Committee Meeting Supervisor Veitch reported the committee met on January 28th, they formed the committee and abruptly dissolved the committee. Global Foundries is an IDA project and therefore not taxable. It is a 49 year agreement for payment in lieu of taxes. The issue is always on the table but not likely to happen. To be effective in the push, he needs to have the backing of his City Council. He doesn’t believe there is a clear consensus that the City wants to go forward. Racing Committee Meeting Supervisor Veitch reported the committee is going to meet Thursday at 3 p.m. at the county. They will talk about the VLTs at Aqueduct. He is going to propose a resolution at the meeting to get the state to complete this as soon as possible. The City and the racetrack depend on it. They will also talk about a report on the task force for OTB. The New York State Association of Counties is going to have a horse racing session on the 9th. Geyser Road Trail CDTC TIP Funding Supervisor Veitch reported he will be attending the CDTC meeting tomorrow in Albany to talk about projects that are on the program. The Geyser Road Trail is one of those projects. He has been advocating for this project for many years. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 9:21 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 2-16-10 Vote: 5 - 0 Page 17 of 17