City Council

March 16, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:35 PM P.H. – Water and Sewer Rates 6:55 PM P.H. – Community Development Citizen Advisory Committee Funding Recommendations 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION 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 corporation. CONSENT AGENDA 1. Approval of Budget Workshop 3/8/10 2. Approval of City Council Minutes 3/2/10 3. Approval of Paid Parking Workshop Minutes 3/2/10 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve Payroll 3/12/10 $375,223.75 7. Approve Payroll 3/5/10 $400,797.20 8. Approve Warrant 2010 Mid 10MWMAR1 $218,662.60 9. Approve Warrant 2010 Regular 10MAR2 $1,448,372.96 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval of State Farm Donation 2. Discussion and Vote: Approval of Stewart’s Holiday Match Donation 3. Discussion and Vote: Accept Sponsors 2009-2010 4. Discussion and Vote: Authorization for Mayor to Sign Change Orders with Bast Hatfield for Indoor Recreation Facility 5. Discussion: East Side Recreation Field House 6. Discussion and Vote: Authorization to Apply for IDA Funding of Race Track Inventory 7. Discussion and Vote: Referral to Planning Board Advisory Opinion of Zoning Amendment Request for 126 West Avenue 8. Discussion: Expiration of Sewer Moratorium City Council Meeting 3/16/10 ACCOUNTS DEPARTMENT 1. Award of Bid: Grave Marking Flags to Liberty Bell Flags 2. Award of Bid: Extension of Material Trommel Screen Bid 3. Award of Bid: Extension of Printed Polythylene Bags Bid 4. Discussion and Vote: Resolution Hiring Freeze 5. Discussion and Vote: Freeze on Equipment Purchases 6. Discussion and Vote: 10% City Council Pay Reduction 7. Discussion: Sections 4.4.8 and 4.4.10 of the City Charter 8. Announcement: Enforcement of Sections 7.3.2 and 7.3.3 of the City Charter FINANCE DEPARTMENT 1. Discussion: Budget Workshops 2. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: 2010 Proposed Sewer Rates 2. Discussion and Vote: 2010 Proposed Water Rates 3. Discussion and Vote: Authorization for Mayor to Sign Agreement with CT Male for Landfill Monitoring 4. Discussion and Vote: Authorize the Mayor to Sign Contract with Clune Electric 5. Announcement: Church Street Reconstruction Project 6. Announcement: Shakespeare in the Park PUBLIC SAFETY 1. Discussion and Vote: Authorization for Mayor to Sign Contract with NYS Department of Criminal Justice for Accreditation 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Towing Companies 3. Announcement: Amnesty Program for Parking Tickets Beginning March 22 – April 3 4. Set Public Hearing: Amend Chapter 225.40 of the City Code – Vehicle and Traffic – Removal of Vehicles 5. Discussion and Vote: Authorization for Mayor to Sign Contract with PBA for Use of the PBA Range for Training SUPERVISORS Joanne Yepsen 1. Efforts in Support of NYS Racing 2. Census 2010 3. Grants for Sustainable Communities 4. BOS Meeting with Legislators in Albany 5. County Social Services Updated Statistics Matt Veitch 1. Update: Social Program Committee 2. Update: Public Safety Committee 3. Update: Meeting with State Legislators 3/11/10 4. Update: Geyser Park Bike Racks 5. Update: NYRA Local Advisory Board 6. Update: Veteran’s Concert ADJOURN Page 2 of 19 City Council Meeting 3/16/10 March 16, 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 Water and Sewer Rates Mayor Johnson opened the public hearing at 6:36 p.m. Commissioner Scirocco presented an overview of the 2010 water and sewer rates. He explained what the responsibility of the commissioner of Public Works is. There are 3 water sources; Loughberry Lake, Geyser Crest, and Interlaken Water Works. The water maintenance workers repair, install, and maintain water meters, and water lines. A list of infrastructure contracted services was provided including South Page 3 of 19 City Council Meeting 3/16/10 Broadway Waterline (2008), Geyser Industrial Park Sewer Line (2008), Gilbert Road Water Main (2009), Nelson Avenue Storm Sewer (2009), Church Street Storm Sewer (in process), Geyser Crest Well Field Improvements (in process), Nelson Avenue Sanitary Sewer and Water (in process), and Beekman Street Water Line Installation (proposed 2010). The infrastructure Public Works water crew is scheduled to do is Greenfield Avenue Water Main (2009), Rte. 9P Water Line (2009), Maple Avenue Storm Sewer (2009), City Center Storm Sewer (2009), Arts council storm drainage (proposed 2010), canfield casino storm drainage (proposed 2010), Fifth Avenue storm sewer repair (proposed 2010), Ritchie Place Water Line (proposed 2010). Commissioner Scirocco provided a history of metered water sales from 2004 through 2009. The water sales remained steady while the cost of production went up. He stated they are slowly getting this budget under control. Revenues were down in 2009 and an estimated surplus of $75,000. He has ended many years of operating deficit. Since he has taken office, expenditures have decreased in the water budget by $300,000. There was a $147,000 in expenses that were beyond their control and increased the budget. These items include unemployment, hospitalization, debt service, retirement. Water sales remain steady while the cost of production and maintenance rise. The 3% increase for 2010 being requested will put the budget on solid footing. They expect to get their expenditures under control in 2010 to balance the budget. Commissioner Scirocco provided a comparison chart indicating where most of the usage falls. The majority of the customers use less than 2,000 cubic feet of water per quarter. They called Albany, Clifton Park, and Wilton to obtain their water rates for a comparison. He showed that Saratoga Springs’ water rate per gallon is less than the other areas mentioned. Commissioner Scirocco state he worked with Tony Izzo and Brad Birge to change the wording in the affordable housing initiative in the old rates. Qualification is based upon the area median income based on U.S. Department of Housing and Urban Development for the region. Commissioner Franck asked Commissioner Scirocco to explain how does this get policed? Commissioner Scirocco stated that’s an issue. It will have to go through the Community Development Office. Tony Izzo stated Commissioner Franck is correct; this formula requires a considerable amount more intense work than the previous formula. Someone has to monitor it and make sure it qualifies. Brad Birge stated the intent is to expand upon what is currently allowed in the City’s code. This is to encourage production of affordable housing for owner occupied units. This is to allow for single family, multi-family, and rental units. This is only for the initial connection fee. Commissioner Franck asked what happens if they don’t rent for the HUD amount. Brad it has to be decided how closely you want to monitor that. Commissioner Franck stated the $120,000 number previously used could be fluctuated based upon the level of assessment. It was much easier than this. Tony Izzo identified a typo in paragraph 4. Commissioner Scirocco stated the workforce for sewer includes 3 electricians, 3 laborers, and three office staff. A history of the metered sewer sales was provided. The increase to the sewer rates includes the rate the County levied on the City. The County is saying after a couple years the $353,000 rate will be reduced; debt rate for the sewer expansion. The adopted budget is $3.5 million and the amended budget is $3.8 million. Total charge by the County is $2,598,424.00. Increase to the 2010 budget includes the County sewer charge and general operating expenses from phone bills. Revenues and expenses have remained steady over the last several years. Expenditures in 2009 exceeded their revenue by $100,000. They will not exceed their 2009 expenditures in 2010. They anticipate making up the deficit over the next Page 4 of 19 City Council Meeting 3/16/10 few years. The County anticipates the $44 to decrease as new customers sign on; they anticipate a decrease in 2012. Commissioner Scirocco stated he worked hard over the last 2 years to bring these budgets under control by streamlining the operations, decreasing expenditures, and doing more of the jobs in-house rather than contracting out. Commissioner Ivins asked Commissioner Scirocco to elaborate on the cuts he made for this year’s budget to keep the rates down. Commissioner Scirocco stated they had reductions in some of their overtime lines. Also, they did some jobs themselves rather than hiring it out. Also, they have been watching their budget. He asked Kathy Moran to explain further. Kathy Moran explained they have a vacant position that they are not sure if they will fill. They are curbing their overtime items, watch their overtime and expenses. Commissioner Ivins asked for an explanation of the statement in both resolutions that states the commissioner of Public Works can establish rules or rates not to exceed $500. Do we know where this came from or why it is in there? Commissioner Scirocco stated he didn’t know but it has always been part of the resolution. Kathy Moran stated it is used to make minor adjustments in water and sewer bills when there are clerical errors. Commissioner Franck asked what our water rate is compared to the County’s rate. Paul Male advised the County rate is $2.10 per thousand. Commissioner Franck reminded everyone who wanted to jump into the County water system to remember what happened with the sewer today and the water will be $.70 more and we lose control. John Krause of 227 Grand Avenue thanked Commissioner Scirocco for the presentation. Having a 3% increase in each water and sewer is nothing to complain about. In the past there were some DPW personnel where their salary was taken from the water and sewer budgets; is that still the case. Commissioner Scirocco stated he believed by law that is how it has to work. Mr. Krause stated the only problem he has is they don’t know what the rates are until February or March each year. He asked for thought to be given to develop rates earlier to be more in sync with the general budget. Remijia Foy of 95 Oak Street asked if the rates are applicable to special agreements such as Interlaken. Commissioner Scirocco stated Interlaken has a concern about the contract they have with the City but nothing has changed regarding their rates. They are paying the same rate as agreed upon when the system was taken over. He needs to look at maybe changing them to a water district. Ms. Foy asked why the small users/homeowners are paying 3 times the amount than a commercial user. Commissioner Scirocco asked Anna Plante, office manager of utilities to explain. Anna Plante advised the rate structure is a step. The customers that are large users are using more water therefore paying a lower rate. Mayor Johnson closed the public hearing at 7:21 p.m. Page 5 of 19 City Council Meeting 3/16/10 Community Development Citizen Advisory Committee Funding Recommendations Mayor Johnson opened the public hearing at 7:21 p.m. Remijia Foy of 95 Oak Street stated she is affiliated with the West Side Neighborhood Association and served on the Community Development board for several years. In the past, community development funds were used for tangible and infrastructure improvements. Now the money is used more for social services. The causes are good; however, if you drive around the City there is a lot of pot holes, sinking roads, curbs that have deteriorated, etc. She encouraged the Council and the committee to look at how they are going to disperse the funds this year. We need the improvements in the neighborhoods, not so much in the service oriented organizations; which in many cases provide service on a County basis. Rich Ferguson, chair of the Community Development Committed advised 15% goes for social services and remaining goes for brick and mortar. That hasn’t changed since inception. Mayor Johnson left the public hearing at 7:26 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:26 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:27 p.m. Commissioner Ivins 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 has spoken to Mark Lawton about his ideas and would suggest getting the actual line items to make a true judgment. Kelly Zinella of 27 Collins Terrace stated she has been working with Joanne Yepsen to bring more awareness of the racing industry. Because the state has not implemented the installation of VLT at Aqueduct for 9 years, the state is losing $1 million dollars a day. Farms, breeders, and horse owners are leaving our state and going to those states that have acted to support the equine industry. The state of Pennsylvania has enacted their VLT system and now has an attractive racing program. The state of New Jersey has received support from their government, now will have racing at Monmouth Park which will directly compete with New York. Canada through VLT revenues offer breeding and racing incentives greater than New York. There are 35,000 direct and indirect jobs due to the horse industry. These employment numbers do not include restaurants, hotels, etc. There will be a rally tomorrow at noon at the State Capitol and invited all to attend. Kyle York of 59 Railroad Place stated he was here to talk about buildings that have burned. We had a minor fire on Broadway yesterday; a week ago we had one at 2 Franklin Square, and another in Greenfield. Almost 1 year ago he brought pictures of 66 Franklin Street to a Council meeting. This building is in terrible shape and is a fire trap. The City’s building inspector’s report stated the building at 66 Franklin Street is an unsafe structure and the fire chief has condemned the building and has instructed the firefighters not to enter the building if there was a fire but to concentrate their efforts on the adjacent structure (2 Franklin). The code enforcement officer has provided a letter that condemns the property for occupancy. It is a building that no one can afford to fix and no one has stepped forward to buy. He is Page 6 of 19 City Council Meeting 3/16/10 asking the Council to take action where the system has broken down and step in to take care of the fire trap. Geoff Borneman, board member of Saratoga Springs preservation foundation stated he is speaking in support of the mayor’s agenda item that relates to the grant you are seeking on behalf of the foundation to complete the inventory at the race track. They all hope this community is successful in keeping the track open. As part of the 2008 franchise agreement given NYRA, a local advisory committee was established and charged with taking inventory of historical resources at the track for when NYRA starting making the necessary capital improvements. He appreciates the support on this effort. Mayor Johnson closed the public comment period at 7:40 p.m. Executive Session Mayor Johnson moved and Commissioner Wirth 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 corporation at including on going DEC matter and potential 9:43 p.m. Ayes - All Council returned from session at 10:10 p.m. Mayor Johnson reported one matter was resolved in executive session. It is regarding a claim made by a City resident for property damage arising from a sewer issue. The vote was 4-1 with Commissioner Scirocco dissenting to denying the claim. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows and amended: 1. Approval of Budget Workshop 3/8/10 2. Approval of City Council Minutes 3/2/10 3. Approval of Paid Parking Workshop Minutes 3/2/10 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve Payroll 3/12/10 $375,223.75 7. Approve Payroll 3/5/10 $400,797.20 8. Approve Warrant 2010 Mid 10MWMAR1 $218,662.60 9. Approve Warrant 2010 Regular 10MAR2 $1,448,372.96 Commissioner Ivins stated he has a change to one of the warrants; 2010 Regular 10MAR2 is now $1,448,212.96. This is due to pulling vouchers for items being charged to lines with insufficient funds. Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Approval of State Farm Donation (10-62) Linda Terricola of the Recreation Department stated this is a donation from State Farm in the amount of $980. This is for 112 stackable chairs valued at $5 each; 2 large conference tables at $30 each; 2 small conference tables at $30 each; and lockers valued at $300. Page 7 of 19 City Council Meeting 3/16/10 Mayor Johnson moved and Commissioner Ivins seconded to accept donation as described. Ayes - All Discussion and Vote: Approval of Stewart’s Holiday Match Donation (10-63) Linda Terricola advised they received a grant in the amount of $3,750. This will be used for items at the indoor recreation facility. Mayor Johnson moved and Commissioner Ivins second to accept donation as described. Ayes - All Discussion and Vote: Accept Sponsors 2009-2010 (10-64) Linda Terricola stated the first item is for a donation received last fall from Advantage Press for tickets for youth parking. The amount is $745. The also have basketball sponsors in the amount of $275 each from Adirondack Trust Company, Knights of Columbus, Parting Glass, Rotary Club, Saratoga Lions Club, Harris Beach, Saratoga Firefighters, State Farm, Turbine Services, TCBR, Glens Falls Eye Association, and Saratoga Business Advisors. Mayor Johnson moved and Commissioner Ivins seconded to accept the sponsors as presented. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Orders with Bast Hatfield for Indoor Recreation Facility (10-65) Mayor Johnson stated the descriptions of the change orders have been presented to Council previously. There are 5 change orders in total for an aggregate amount of $114,271. This is the 3rd time they have come back to the Council for a change order. The first change order is for a door change from a single door to a double door in the amount $2,356. The second change order is for $17,000 for the permanent connection of electrical service to be run underground. The 3rd change order is a credit for $4,000 coming off the total building charge. The 4th change order is for taping of the panels. The 5th change order is for electrical work for a sound system, phone, and data transmission in the amount of $64,845. They worked with our IT department to determine what was appropriate. Change orders to date, including the ones listed above include $227,060.94. It is important to keep in mind that certain items if not approved tonight will delay the project. He reminded all that these changes do not have any affect on the current deficit the City is facing. The total change is about 4% of the total budget; which is below budget of the norm for change orders. They are still under budget by $764,000. Mayor Johnson moved and Commissioner Wirth seconded to approve the change orders as presented. Commissioner Franck stated he will not be voting in favor of this as he feels the price to build should have included all of this. There are going to be layoffs and cuts. Commissioner Ivins stated he understands the money is in the capital budget. He is torn as he has been supporting this project all along. From the technical aspect, he wrote a memo almost 2 years ago to the IT Department and recreation department to plan for the IT needs from the beginning. He is unsure why that didn’t happen and make it into the original plans. This Council has been struggling with change orders since he got here. He is probably going to vote for it but he is really torn. Mayor Johnson explained the reason IT was not consulted before now was a decision made by the architects. Their professional opinion is you get a better response of need at this time rather than at the beginning. Page 8 of 19 City Council Meeting 3/16/10 Commissioner Ivins stated he is not satisfied with that response. IT is part of the specs from the beginning. Commissioner Wirth stated once you close up the conduit, the expense will be greater to re-open it. He therefore understands about change orders. If we wait it is just going to happen anyway and the expense would be greater. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion: East Side Recreation Field House Mayor Johnson stated it has already been reported in the papers that trace levels of asbestos has been found in the field house. The school district owns all the buildings on the recreation fields that are used by the City. Upon the school district’s routine inspection of the buildings they found trace levels of asbestos in the building. He had the employees removed from the building for their protection. Testing was pursued by the school and the results were trace levels (under 1%) were found on some of the surface dust samples. The air quality came back completely clean with no contaminants. Since the results of the study, the City has been working with the school district for the remediation. The asbestos was found in the basement of the building. The school is meeting tonight to decide who they should award the bid to for the remediation. He stressed the cooperation of the school district with the City on this. Discussion and Vote: Authorization to Apply for IDA Funding of Race Track Inventory (10-66) Mayor Johnson stated this item was addressed briefly by Geoff Borneman during the public comment period. The Preservation Foundation is not eligible to apply for the IDA funding as it is a not for profit. This allows the City to apply for the $10,000 for phase 1 (landscape inventory) of a 2 phase project. Phase 2 is more structural. The foundation has raised $22,000 of the $32,000. Commissioner Ivins clarified if we receive the grant we will draw up a contract with the foundation. Mayor Johnson stated this is to allow his office to apply for the funding through the IDA. If we do not receive the funding through the IDA we do not pay the foundation anything. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the application for the IDA funding. Ayes - All Discussion and Vote: Referral to Planning Board Advisory Opinion of Zoning Amendment Request for 126 West Avenue (10-67) Brad Birge stated there is an application before the Council for the parcel at 126 West Avenue. The parcel is currently divided by 2 zoning districts. They are asking for approval to change the district boundaries so that it is no longer split between 2 zones. If this has merit for review, we will send it to the planning board for review. Mayor Johnson confirmed this was before the Council previously. Brad advised this owner sought a series of changes. Those are no longer on the table. Mayor Johnson moved and Commissioner Ivins seconded to refer this item to the planning board for an advisory opinion. Ayes – All Page 9 of 19 City Council Meeting 3/16/10 Discussion: Expiration of Sewer Moratorium Mayor Johnson placed this item on the agenda to bring to the Council’s and the residents’ attention that the sewer moratorium is set to expire on April 3, 2010. The County has its moratorium on sewer still in place. There is some question why the City had a moratorium when the County had one in place. He suggested letting this expire. Commissioner Scirocco stated he believes the moratorium was put in place to support the County moratorium. ACCOUNTS DEPARTMENT Award of Bid: Grave Marking Flags to Liberty Bell Flags (10-68) Commissioner Franck moved and Mayor Johnson seconded to award the bid for Grave Marking Flags to Liberty Bell Flags in the amount of $1,434.24. Commissioner Franck stated they were the lowest bidder. Ayes - All Award of Bid: Extension of Material Trommel Screen Bid (10-69) Commissioner Franck stated the Department of Public Works recommended extending the bid for the Material Trommel Screen with Rock and Recycling Solutions for one year at the 2009 bid price; $13,485 per month. The current bid with Rock and Recycling Solutions provides for the extension of bid under the same terms and conditions. The new bid will expire on April 7, 2011. Commissioner Franck moved and Commissioner Scirocco seconded to extend the bid with Rock and Recycling Solutions for the Material Trommel Screen as described. Ayes - All Award of Bid: Extension of Printed Polythylene Bags Bid (10-70) Commissioner Franck stated the Department of Public Works has recommended extending the bid for Printed Polyethylene Bags with All American Poly for one year at the 2009 bid price; $26.86 per case. The current bid with All American Poly provides for the extension of bid under the same terms and conditions. The new bid will expire on April 7, 2011. Commissioner Franck moved and Commissioner Scirocco seconded to extend the bid with All American Poly for the Printed Polyethylene Bags as described. Ayes - All Discussion and Vote: Resolution Hiring Freeze (10-71) Commissioner Franck read the following resolution into the record: WHEREAS, the economic outlook affecting the City’s fiscal year 2010 has gotten bleaker with the deepening financial woes of our City and concern for our citizens; and WHEREAS, the City of Saratoga Springs has seen a reduction in sales tax, mortgage tax, and other vital income in 2009 and 2010 due to economic conditions; and WHEREAS, the City Council of The City of Saratoga Springs must mitigate the negative affects of both reduced revenues and economic hardship on taxpayers; Page 10 of 19 City Council Meeting 3/16/10 NOW THEREFORE BE IT RESOLVED, the City of Saratoga Springs will maintain a hiring freeze on full time and part time positions (excluding part time seasonal recreation personnel) effective March 16, 2010 until a future date to be determined by the City Council; and BE IT FURTHER RESOLVED, the Commissioner of the department must explore other reasonable options, other than refilling the position before approaching the Council; and BE IT FURTHER RESOLVED, when a position vacancy arises, the Commissioner in charge of that department must demonstrate to the Council at a regularly scheduled City Council meeting that the position is essential and therefore should be filled; and BE IT FURTHER RESOLVED, the City Council must approve by simple majority the filling of each vacancy before any further action is taken. Commissioner Franck moved and Commissioner Ivins seconded to approve the resolution as described. Commissioner Franck stated Commissioner Ivins brought this up 2 times in the past. Both times he voted against it. He originally voted against it, and incorrectly, was we had just voted on a budget. Not that the paid parking is not longer, there is a huge gap. He doesn’t feel they can do business as usual and sees no alternative. He apologized to Commissioner Ivins for not going in that direction earlier. He tried to connect with Commissioner Ivins yesterday to have him put this on his agenda. Commissioner Ivins stated he did bring this up in the past. He is definitely supporting this. He put an end date on this in the past and not sure why an end date has not been put on this one. Commissioner Franck stated he is open to a friendly amendment to put an end date on it. Commissioner Ivins stated he would be comfortable with using the end of this year an end date. Commissioner Franck stated he is comfortable with making the amendment. Commissioner Ivins seconded the amendment. Mayor Johnson stated he too had concerns with the resolution being open ended and supports the friendly amendment. Commissioner Scirocco asked why exceptions were made for seasonal part time. Commissioner Franck explained the Recreation Department is in the process of bringing people in for the camps. It is not a full time year round position and part of the budget. Commissioner Scirocco stated he would like to have his workers for the Carousel added to this exception. They can’t open the carousel up if he doesn’t put part time people in there. Commissioner Franck asked if the Carousel has ever been run by volunteers. Commissioner Scirocco stated they had but they always had a paid person. Also, risk and safety stated they needed 2 people there. Commissioner Franck stated he would not have a problem with another friendly amendment to add the carousel to the resolution. Commissioner Ivins seconded the amendment. Commissioner Scirocco confirmed this is not for new hires but for current people who leave our employment. They would have to come back to the Council to re-appoint to the position. Commissioner Franck stated he can’t see us loosing people on one end and hiring on another. Page 11 of 19 City Council Meeting 3/16/10 Commissioner Scirocco stated he thought this would be an issue that they would have to work out through the budget workshop. He wasn’t allowed to go into his budget to do what he needed to do for the lay offs. Commissioner Franck stated Commissioner Scirocco was allowed to do it; he just didn’t do it. Commissioner Scirocco stated he is not opposed to it. He just wants to have some control over his own budget. He feels this is putting the cart before the horse. Commissioner Wirth stated he is supporting this. Each commissioner and mayor should have the ability to work with their own people. He also has an issue with part time with crossing guards and traffic control for track season. Commissioner Franck stated reasonable things can come to the table. Commissioner Ivins stated he should bring those things to the table when he is ready. Commissioner Wirth stated he will be back. Ayes – All Discussion and Vote: Freeze on Equipment Purchases (10-72) Commissioner Franck read the following resolution into the record: WHEREAS, the economic outlook affecting the City’s fiscal year 2010 has gotten bleaker with the deepening financial woes of our City and concern for our citizens; and WHEREAS, the City of Saratoga Springs has seen a reduction in sales tax, mortgage tax, and other vital income in 2009 and 2010 due to economic conditions; and WHEREAS, the City Council of The City of Saratoga Springs must mitigate the negative affects of both reduced revenues and economic hardship on taxpayers; NOW THEREFORE BE IT RESOLVED, the City of Saratoga Springs will maintain a freeze on the purchase of all new non-capital program equipment or vehicles valued over $10,000 effective March 16, 2010 until a future date to be determined by the City Council; and BE IT FURTHER RESOLVED, in the case of an emergency, all non-capital program equipment purchases over the value of $10,000 would need City Council approval prior to the purchase. Commissioner Franck stated he will change the end date to Dec. 31, 2010. Commissioner Franck moved and Commissioner Ivins seconded to accept the freeze on equipment purchase as just read in the resolution. Commissioner Ivins confirmed he is referring to all non-capital including water and sewer. Commissioner Franck stated that is correct. Commissioner Ivins stated he doesn’t feel this is going to affect a lot but it is a good idea. Mayor Johnson stated the only concern he has is the last paragraph where it states in case of an emergency; how do we define emergency. Commissioner Franck stated the definition of emergency is in the purchasing policy. He would follow that definition. Page 12 of 19 City Council Meeting 3/16/10 Mayor Johnson stated he questions if we need that statement at all. Without that in there it would require equipment purchases over $10,000 to be brought to the Council. Commissioner Franck stated he will make a friendly amendment to read: Be it Further Resolved, all non-capital program equipment purchases over the value of $10,000 would need City Council approval prior to purchase. Mayor Johnson seconded that amendment. Ayes – All Discussion and Vote: 10% City Council Pay Reduction (10-73) Commissioner Franck moved and Commissioner Ivins seconded to authorize the finance department to withhold 10% of each Council member’s salary for deposit into the General fund budget effective the next possible pay cycle. Commissioner Franck stated he understands this isn’t going to take care of the deficit. He is trying to lead by example. The mayor already gives his salary to charity and has asked the mayor to take 10% away from charity and give it back to the City. This is the right thing to do and it would be hypocritical of us to ask for concessions if we don’t start on our end. Health insurance has been a question. If something happens with health insurance, it will happen across the board for all of us. If overtime doesn’t, we should have concessions on that. Commissioner Ivins asked if this is for this point forward. Commissioner Franck stated whatever Commissioner Ivins felt was easiest. Commissioner Ivins stated to do on a go forward basis. Commissioner Scirocco asked if they have to amend the Charter. The charter specifically states their salary. Commissioner Franck read section 4.4.8 of the Charter to show the Charter is flexible enough to allow them to do this with their salary. Tony Izzo stated section 20 of the general City law states anyone can donate or give a gift to a municipality with any conditions they wish to attach. Commissioner Ivins stated for tax purposes if it is taken out ahead of time it is pre-tax as opposed to a donation which is post tax which can be deducted. They do withhold for the United Way so they could withhold from each Council member’s salary a donation back to the City, then it is post tax. He also put on the record that the deputies and all appointed employees have not received a pay increase at all over the past 2 years. They are entitled to step increases with the union employees. Commissioner Franck stated it is cleaner to reduce the gross salary by 10% from this point forward versus doing a donation. Commissioner Ivins stated they could do a donation but withheld from the paycheck post tax. Mayor Johnson stated he is in favor of this in theory. He wants to be sure they are not violating the Charter. He suggested approving the motion to reduce the salaries by 10% and then obtain an opinion from the City attorney as to which is the best way; reduction by the City before paycheck is received or a donation made by the Council member. Commissioner Franck stated he is fine with that. Page 13 of 19 City Council Meeting 3/16/10 Commissioner Ivins asked if an end date was put in. Commissioner Franck stated he did not put an end date in but could put an end date in to tie in with the other resolutions. Commissioner Ivins stated he doesn’t want to obligate future Councils. Commissioner Franck stated minimally we should put it in to the end of this year. Mayor Johnson suggested making it to the end of this year and then they can see the response of any others that step up to do something similar. Commissioner Franck made a friendly amendment to make it effective now through December 31, 2010. Commissioner Ivins seconded the amendment. Commissioner Scirocco stated this may encourage some of the non-union employees to consider donating their salary back to the City. He will be supporting this. Commissioner Wirth stated he agrees with this and feels it is a good gesture. Ayes - All Discussion: Sections 4.4.8 and 4.4.10 of the City Charter Commissioner Franck stated he feels he discussed this with the pay reduction. Announcement: Enforcement of Sections 7.3.2 and 7.3.3 of the City Charter Commissioner Franck stated we do pre-audits in the purchasing department; that is what section 7.3.2 under the Charter allows. Section 7.3.3 basically states the City will not be liable for any purchases made without a requisition. This is a warning to businesses and departments that we will no authorize payment of vouchers that have not been requisitioned. He showed a stack of vouchers from the beginning of the year until now that did not follow the requisition policy. FINANCE DEPARTMENT Discussion: Budget Workshops Commissioner Ivins stated we do have a shortfall because we don’t have paid parking. Thanked everyone who came out to discuss thoughts and ideas. A lot of things mentioned are things they should have been doing anyway. He is not budgeting or planning for any of those things to happen. The biggest thing that came up that could produce the largest number of dollars was increasing sales tax. He is comfortable with starting the process of increasing sales tax. He will be uncomfortable with planning revenues in this year’s budget in the receipt of that is the state legislature. Also, it will be impossible to project what the increase in sales tax will bring us. We have depleted our undedicated fund balance and would like to build that up. Without racing we will lose approximately $400,000 in admission tax and another $600,000 - $1 million dollars in sales tax just for July and August. Putting sales tax in place will not be an easy thing; he can imagine a room full of people like we had with paid parking. People will say we will be destroying the City if we raise sales tax. At this point he is not budgeting for that at all. What this means is cuts. He will get to each department by the end of this week/next week with targets. He is not going to go a straight percentage because there are some areas that haven’t been touched as much in the past. Page 14 of 19 City Council Meeting 3/16/10 Commissioner Ivins set the following budget workshops: Tuesday, April 6th at 6:00 p.m. (before the Council meeting), and Wednesday, April 14th at 6:00 p.m. Both workshops will be in the City Council Room. He would like to have everyone’s suggestions for their respective departments by March 26th. He would like to take a vote on the amended budget on April 20th. Discussion: City Finances Commissioner Ivins stated sales tax is up for the 3rd straight month. Mortgage tax continues to decline. We are $237,000 behind where we were in 2009, therefore we are looking at reducing that line item by $400,000. We are watching the state budget to see what they come up with for gross receipt tax; the business community is fighting that. He is not envisioning the 2011 budget to be any easier than this year. The tax payer still will not have the ability to absorb a large tax increase. He is working with DPW on internal controls. DPW is still not remitting on a timely basis. They have 90 days to submit a corrective action plan. Commissioner Franck stated although the tax is good news, he still believes it is directly related to utilities. Although it is good news, he would be cautious. Commissioner Ivins stated he went to the DBA meeting in January and mentioned the November and December sales tax rates. At that meeting a lot of merchants mentioned those rates did reflect their sales. PUBLIC WORKS DEPARTMENT Discussion and Vote: 2010 Proposed Sewer Rates (10-74) Commissioner Scirocco moved and Commissioner Wirth seconded to approve the sewer rates resolution as presented. Ayes - All Discussion and Vote: 2010 Proposed Water Rates (10-75) Commissioner Scirocco moved and Commissioner Franck seconded to approve the water rates resolution as presented. Commissioner Ivins stated he felt these rates are reasonable and will be voting for them. He asked Commissioner Scirocco to continue to save costs and find a way to cuts things. Commissioner Scirocco stated he is trying to cut down on their expenditures. Commissioner Ivins stated by approving this we are approving the affordable housing piece. He thought there was a question on this. Mayor Johnson stated the question was on the enforcement end. Commissioner Franck stated he doesn’t know how this can be enforced. The bottom line is it just isn’t going to be enforced. He understands the thought process behind it. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with CT Male for Landfill Monitoring (10- 76) Page 15 of 19 City Council Meeting 3/16/10 Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with CT Male in the amount of $11,232.75 for landfill monitoring of explosive gas and ground water testing at the landfill. Commissioner Ivins stated the comments in the system states the prices are the same. In 2008 we spent a little over $18,000 and in 2009 it went to $22,500, and now we are saying it’s $11,000 for 2010. Are we going to see a change order? Paul Male stated he just inherited the project so he is not sure what happened in the past 2 years. The rates they are going to charge us for various testing and the quarterly reports is the same. Ayes – All Discussion and Vote: Authorize the Mayor to Sign Contract with Clune Electric (10-77) Commissioner Scirocco stated requests for quotes were distributed to several companies for the installation of a roof and gutter de-icing system for the City Hall Annex. The project is funded under the capital budget line. Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with Clune Electric in the amount of $8,100; certification of funds have been approved. Commissioner Ivins asked if the scaffolding will disappear next year. Paul Male stated that is a different project and location. Ayes – All Announcement: Church Street Reconstruction Project Paul Male advised the project started last year. The contractor is DelSignore and the engineer is Creighton Manning. The work is on Church Street from Van Rensselaer to about 500 feet west of Outlook Avenue. The project includes new storm sewer, water valve reconfiguration, decorative street lights, a new signal system, and a complete reconstruction of Church Street and Myrtle Street. They will probably start April 5th of this year and will be completed in about 2 – 3 months. The total cost is $2.3 million. Announcement: Shakespeare in the Park Commissioner Scirocco stated this will happen this year. Their organization had a successful fundraising program and raised enough to hold 12 shows over a 2 week period. A few rehearsals will be held in the music hall. Commissioner Franck stated for the record he was their original treasurer and still does some work for them for free. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with NYS Department of Criminal Justice for Accreditation (10-78) Commissioner Wirth stated this is for the Police Department. The Department of Criminal Justice will review and approve 132 standards and assure they are consistent and uniform with other police agencies in the state. It will take 8-9 months and the City will be in a more favorable position to receive grants. There is no cost to the City. Page 16 of 19 City Council Meeting 3/16/10 Commissioner Wirth moved and Commissioner Franck seconded to authorize the mayor to sign a contract with NYS Department of Criminal Justice for accreditation. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Towing Companies (10-79) Commissioner Wirth stated there was confusing with towing companies several years ago. The City stepped in to make sure the companies had the proper insurance and equipment to handle any towing job. Any towing company that signs the contract will be placed in a rotation schedule for any calls for towing resulting from accidents, etc. There is no fee to the City for this. Commissioner With moved and Commissioner Ivins seconded to authorize the mayor to sign a contract with the towing companies. Ayes - All Announcement: Amnesty Program for Parking Tickets – Beginning March 22 and Ending April 3 Commissioner Wirth stated the amnesty program will begin March 22nd and end April 3rd. During this time the penalties will be waived. The last time this was done was in 2006 and a lot of the fines were collected. Commissioner Franck suggested getting this information into the local papers again as we go into the weekend. Set Public Hearing: Amend Chapter 225.40 of the City Code – Vehicle and Traffic – Removal of Vehicles Commissioner Wirth set a public hearing for April 6, 2010 at 6:55 p.m. This is to reduce the amount from $500 to $350 before a vehicle can be towed for outstanding parking tickets. Mayor Johnson stated he too feels $500 is too high. Commissioner Ivins wanted to note that in the 2 months Commissioner Wirth has been in office he has done a great job managing overtime. Commissioner Wirth stated at the end of February of 2010 compared to 2009, they are down 56% in overtime in Public Safety. Discussion and Vote: Authorization for Mayor to Sign Contract with PBA for Use of the PBA Range for Training (10-80) Commissioner Wirth stated the City enters into an agreement every year with the PBA for training of officers. This is a lot cheaper than the City going somewhere else. Commissioner Wirth moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with the PBA for use of the PBA range for training. Commissioner Ivins stated at one point it used to be $1 then it went to $10,000. Has it been 1 or 2 yrs at $10,000? Frank Dudla, deputy commissioner of public safety stated it went from $1 to $1,000 in 2005 or 2006. The contract he found for 2008 was for $10,000. Ayes – 4 Nays – 1 (Commissioner Ivins) Page 17 of 19 City Council Meeting 3/16/10 SUPERVISORS Joanne Yepsen Efforts in Support of NYS Racing Supervisor Yepsen reported there will be an event in Albany tomorrow at noon. She has been working closely with NYRA, DBA and County Board of Supervisors regarding a rally on Sunday at Belmont. Everyone is invited to that one also. Racing will probably be here this year. If we have racing in 2011, the quality will not be the same. Census 2010 Supervisor Yepsen reported people should have been receiving their forms. She encouraged all to fill the forms out. We will be able to receive more funds from the federal government with accurate info. Grants for Sustainable Communities Supervisor Yepsen reported she participated in a webinar last week with the Department of Housing and Urban Development. Congress has approved giving away $140 million before the end of this year for Sustainable Communities Planning Grant Program. She will eventually be submitting for funds. BOS Meeting with Legislators in Albany Supervisor Yepsen reported the Board of Supervisors presented what they passed as their legislative program for the year. They spent a lot of time talking about the state budget and how that can impact counties. County Social Service Updated Statistics Supervisor Yepsen reported research has been done such that new statistics have been established for this year. This information will be useful when lobbying for funds. Home energy assistance has increased 21% in applications from 2008 versus 2009, Welfare has seen a 14% increase in case loads from 2008 to 2009, Medicaid has seen a 10% increase and food stamps have increased 34%. Matt Veitch Social Programs Committee Supervisor Veitch stated they authorized an agreement for Capital Land Taxi for the towns of Charleston, Galway, Edinburg, Providence, and Saratoga for elderly transportation at the same rate as 2009. They also approved an In-home Services for the Elderly Program. These are service providers that go to the homes of the elderly. Public Safety Committee Supervisor Veitch reported Commissioner Wirth attended their meeting. They approved the following resolutions: will endorse national crime victims’ week, accepted a domestic violence grant of $38,832, accepted an Operations Impact Grant for $40,000, accepted grants for community work order and pre-trial service programs for $32,524, moved $159,251 in funds accepted through the social programs committee for the Probation Department to Berkshire Farms for out of home residential payments, and accepted $77,160 from Homeland Security. Page 18 of 19 City Council Meeting 3/16/10 Also, the Safe Child ID Card Program was done through the County in the past. The City of Saratoga took over the program last couple of years. The amount the City spends on this is $7,000 per year. They have created a sub committee to look at funding as the County is reluctant to give the City funding. Meeting with State Legislators 3/11/10 Supervisor Veitch reported covered by Supervisor Yepsen covered this. Geyser Park Bike Racks Supervisor Veitch reported the Southwest Neighborhood Association is taking advantage of a $1,000 grant from CDTC. Two bike racks will be placed at the Geyser Park. NYRA Local Advisory Board Supervisor Veitch reported Charles Hayward attended the meeting to explain what would happen to racing going forward. He said if OTB does not continue to function, that will be a problem for NYRA. He thanked the IDA for the grant; it will help with their inventory. Veteran’s Concert Supervisor Veitch reported the concert at SPAC in the fall with the Army band is well attended. The committee has been working to get the program going again this year. It costs $50,000 to put on the concert. He pledges his support to keep this concert going forward. Additional Items: The County has issued their rabies vaccination schedule for this year. A copy of the schedule will be in the Mayor’s Office. Also, the County will be holding a passport day. 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 10:08 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 4/6/10 Vote: 5 - 0 Page 19 of 19 City Council Meeting 3/16/10 Page 20 of 19