City Council

May 18, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM P.H. – Stop Signs at Phila & Court Streets 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Last Call for Alcohol 2. Johnson Controls 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 5/4/10 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 5/14/10 $363,242.50 5. Approve Payroll 5/7/10 $490,033.15 6. Approve Warrant 2010 Mid 10MWMAY1 $117,011.69 7. Approve Warrant 2010 Regular 10MAY2 $1,786,928.44 MAYOR’S DEPARTMENT 1. Discussion and Vote: Accept Donation from Rich and Mary Flaherty Through the Friends of Recreation 2. Discussion and Vote: City of Saratoga Springs & Saratoga American Legion Stampede Co- Sponsored Baseball Clinic 2010 3. Discussion and Vote: Saratoga Springs City School District Voucher 4. Discussion and Vote: Firehouse Boundary Line Agreement ACCOUNTS DEPARTMENT 1. Announcement: Grievance Day 2. Announcement: How to Grieve Your Assessment Class FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Bluesology – July 4th City Council Meeting 5/18/10 2. Discussion and Vote: Accept Donations-Saratoga’s All-American Celebration 3. Discussion and Vote: Authorization to Increase Bond Counsel Service Cap 4. Discussion and Vote: Amend 2010 Bond Resolution 5. Discussion and Vote: Standard Work Day Resolution 6. Discussion and Vote: Mayor’s Department Payroll Transfers 7. Discussion and Vote: Department of Public Works Payroll Transfers 8. Discussion and Vote: Department of Public Safety Payroll Transfers 9. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion: Lillian’s Parking Lot 2. Update: Nelson Avenue PUBLIC SAFETY 1. Announcement: Update on Overtime Savings Year to Date 2. Announcement: Update on Parking Ticket Revenue 3. Announcement: Update on Traffic Stops on Rt. 50 4. Discussion and Vote: Permission for the Council to Accept the Use of a Training Room/Multi Purpose Room at Jefferson Terrace 5. Discussion and Vote: Permission To Establish a Fee Schedule for Overtime for Special Events 6. Discussion and Vote: Permission for the Mayor to Sign the Lease Agreement for the Police Vehicles 7. Discussion and Vote: Permission for the City Council to Fill the Vacant Position of Public Safety Office Supervisor 8. Discussion and Vote: Stop Signs at Phila Street and Court Street 9. Discussion and Vote: Permission for the City Council to Fill the Vacant Position of Senior Account Clerk Within the Salary Range as Stated in the Union Contract 10. Discussion and Vote: Permission from City Council to Fill Two Vacant Dispatcher Positions 11. Discussion and Vote: Stop Signs at Phila and Court Streets SUPERVISORS Joanne Yepsen 1. County Update 2. NY Racing Update Matt Veitch 1. May 2010 Public Safety Committee 2. Review May 2010 Board of Supervisors Resolutions ADJOURN Page 2 of 20 City Council Meeting 5/18/10 May 18, 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 (arrived 7:05) STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney ABSENT: Tim Cogan, Deputy Commissioner, DPW RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. Public Hearing Stop Signs at Phila and Court Street Mayor Johnson opened the public hearing at 6:56 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. Page 3 of 20 City Council Meeting 5/18/10 CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PRESENTATIONS Last Call for Alcohol Commissioner Franck presented a memo/opinion from Stephen M. Dorsey, First Assistant County Attorney on May 5, 2010 regarding the County’s feeling of how the law works. The memo explains the history of the law. He read the following from the letter: “Further statutory support for this position is found in County Law §237 which is entitled “Alcoholic Beverage Control”. County Law §237 stated: Pursuant to Alcoholic Beverage Control Law §17, the board of supervisors by resolution may request the state liquor authority to further restrict the hours during which alcoholic beverages may be sold at retail. County Law §237 and Alcoholic Beverage Control Law clearly establish a county’s role in restricting the hours of sale of alcoholic beverages at retail on premises post-April 1, 1995, to a county board of supervisors requesting, by resolution, the State Liquor Authority to impose an earlier more restrictive time that 4:00 a.m. Unless a county has imposed a more restrictive time than 4:00 a.m. by rule adopted by a county alcoholic beverages control board prior to April 1, 1995, the State Liquor authority has the sole and ultimate authority to impose earlier bar closing times when requested to do so by resolution adopted by a county board of supervisors. Furthermore, there is nothing in either Alcoholic Beverage Control Law §§106(5) OR 17(11), OR County Law §237, which requires the imposition of a uniform countywide bard closing time. There appears to be nothing in either the Alcoholic Beverage Control Law or the County Law which would prohibit the Saratoga County Board of Supervisors from adopting a resolution requesting the State Liquor Authority to impose an earlier closing time solely in the City of Saratoga Springs, and not on a countywide basis. Ultimately, it will be the State Liquor Authority’s decision as to whether it is legal and appropriate to authorize differing bar closing times within the municipalities of Saratoga County.” Commissioner Franck further defined that this does allow us to change the closing time of the bars in the City. He read the following resolution that he is proposing: A Resolution of the City Council of the city of Saratoga Springs, New York Restricting the On- Premise Sale of Alcoholic Beverages to 2 a.m. From Labor Day to Memorial Day Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Richard Wirth WHEREAS, the City Council recognizes its statutory mandate to protect eh public welfare, health peace, and safety and its responsibility to work within the community to help mitigate the negative impacts of public intoxication associated with the o0n- paremise sale of alcohol at establishments regulated by the City of Saratoga Springs. WHEREAS, the city Council seeks to restrict the hours of on-premise sales of alcohol in the City of Saratoga Springs to no later than 2 a.m. from Labor Day through Memorial Day each years. THEREFORE, be it RESOLVED, that the City Council hereby requests that the County Board of Supervisors, in accordance with County Law section 237, petition the New York State Liquor Authority to restrict the hours during which alcohol can be sold on- premise within the City of Saratoga Springs, thereby specifically prohibiting such sales between the hours of 2 a.m. and 8 a.m. from Labor Day through Memorial Day. And be if further RESOLVED, that the Clerk of the city of Saratoga Springs shall forward a copy of this Resolution to all members of the County Board of Supervisors, and to the Commissioner of the New York State Liquor Authority. Page 4 of 20 City Council Meeting 5/18/10 Commissioner Franck will schedule a public hearing and vote on June 1st. If the resolution passes, we will send this to the County Board of Supervisors. They will also hold a public hearing to begin their process. If the resolution passes at the County, the County Board of Supervisors will send the resolution to the State Liquor Authority. Mayor Johnson inquired what the likelihood of the State Liquor Authority granting the request. Commissioner Franck stated they have not done it in Saratoga County since 1995. In 1995, everyone had their own rules. In New York City, it is run by neighborhoods. In Manhattan, Brooklyn, or Bronx get a new license after 2 a.m. If your license was for 4 a.m. they are grandfathered in. Commissioner Scirocco confirmed we have to first pass a resolution to send to the County, and then they would pass a resolution. Supervisor Yepsen stated she received a memo from the County attorney about an hour ago saying what Commissioner Franck just said. Commissioner Franck read a letter from Mark Rider, the County attorney. It basically stated the County is going to pass it, which puts to rest the rumors that the County would turn it down because they would lose out on their portion of the sales tax. If the State Liquor Authority says no, then nothing changes. Mayor Johnson asked how long it would take for the State Liquor Authority to decide. Commissioner Franck stated his understanding is it wouldn’t be a long turn around time. The money argument is fading. Many times during the week many of the bars aren’t open past 2 a.m. Another argument he has heard is if the bars are closed at 2 a.m., everyone is going to have house parties and we don’t know where they are. House parties happen but when do you stop a house party. He wants to sit with the bar owners to talk. He is also hearing from people if this isn’t going to work; what is the solution. Everything he has given to date is from an attorney or law. He is flexible and is willing to talk further about it. Commissioner Wirth stated Chief Cole would like to say a few things during the public comment period from the officers and merchants. He will able to give stats on routine checks. Commissioner Franck asked Chief Cole to step up now and provide his stats now. Chief Cole commended Commissioner Franck and the Council for acknowledging there is an issue with the safety of the public and the police officers. It can be very dangerous, not just after 2 a.m., but anytime there is alcohol involved. It is also important to understand statistics won’t give the big picture, the real life issues of what happens. He has been receiving feedback from chiefs of police throughout New York State that currently have a 2 a.m. closing time and are in college towns. If we are talking September through May, we are talking the time the kids are in college. If we are talking about safety of the public, we need to talk about year round, not just September through May. There is a cause and effect; the cause is over serving people; intoxicated people are being served. The Police Department has regular meetings with the bar owners. The over-served patrons are disorderly, drive while intoxicated, assaultive, destroy property, etc. Any proposal has to alleviate the effects and consider any possible new consequences it is going to create. The proposal he just saw may help alleviate the problems as they exist today but he doesn’t know if it will alleviate the problems as they may exist if these changes are made. He has spoken with chiefs of police from around the state that have 2:00 closing times and are also college towns. What happens at 2:00 in the college towns is you have a mass exit of patrons. He is not stating his position tonight for or against this issue. With closing times at 4 a.m. the people empty out little by little; you do not have a mass exit. At 2 a.m. in college towns, you will see the mass exit; Caroline Street will be a sea of people. It is more difficult for the police to manage this from a crowd control perspective. This could increase the number of injuries and the amount of overtime we pay to properly staff. In college towns, students don’t go home at 2:00 in the morning. Many find the opportunity to find another place to drink; they will spread out Page 5 of 20 City Council Meeting 5/18/10 into the neighborhoods. We have a house on Beacon Hill Drive that we deal with on an every weekend basis. This house is owned by a Skidmore alumni, rented to college students, and we are out there constantly with issues. When they respond to house parties, they will have 25, 50, or even 100 people in a house. Instead of being able to concentrate our staffing into one area, we will have to spread our staffing out. Instead of having 5 officers handling a situation, they will have 2 officers walking into a house with 100 people. It’s a recipe for disaster. We may have to increase our staffing to handle simultaneous calls. This will increase overtime. He is not convinced that changing the hour from 4 a.m. to 2 a.m. is going to take care of those problems; it may create more. They do routine unannounced inspections; 65 unannounced inspections were done in 2009. So far this year they inspected 31 premises. They check for underage drinkers, disorderly people, etc. If they find a violation, they make an arrest, issue a citation, and the police obtain their liquor license information to report to the liquor authority. Unfortunately it gets so busy on Caroline Street that officers are putting out fires (from one fight to another) and don’t have a lot of time to go into the bars to get that information; on serious offenses they do. Ideas and solutions include the City demanding proof that the bar owners and employers attend TIPS training. Commissioner Franck advised we can’t enforce that. Chief Cole continued to say before the Council weighs a decision, they need to weigh the pros and cons. Either ways we are going to have problems. We know what happens now but we don’t know what will happen in the future. Commissioner Franck asked how many bars were closed in the past 5 years for over selling alcohol. Chief Cole stated he would have to check with the SLA (State Liquor Authority). Commissioner Franck asked how many students are currently at Skidmore. Chief Cole believed there are approximately 2,500. Commissioner Franck asked if he knew how many students live on campus. Chief Cole did not know. Commissioner Franck asked if he knew how many students are over the age of 21. Chief Cole felt the number was limited; probably ¼ of the senior class. Commissioner Franck stated he is bringing this up because this is a different college town from others. Skidmore is pretty much a closed campus where they live on campus. Most likely that is where their house parties are going to be. Chief Cole stated Commissioner Franck is talking about legal drinking age and most of the house parties are not of legal drinking age. Commissioner Franck stated from looking across the U.S., 4 a.m. bar closing is the exception; most are 1 a.m. or 2 a.m. He asked Chief when they have their biggest crowds. Chief Cole stated Friday nights and Saturday nights on the off season. Commissioner Franck stated one thing he didn’t hear Chief Cole bring up is people driving to different municipalities. He is trying to find out what the magic hour is when all this stops. Chief Cole doesn’t feel there is a magic hour. College kids who are the drinkers are not going to bed at 2 a.m. Page 6 of 20 City Council Meeting 5/18/10 Commissioner Franck stated if we have 400 or 500 seniors and they all went out on the weekend, and we know there are more people than that out on weekends, then these people are coming from out of town. Chief Cole stated some bars do their best to keep the underage drinkers out of their bars. Others don’t care and if they can get $5 in the register they will let anyone in. We do have surrounding communities come to Saratoga for the night life year round. Commissioner Franck asked if it would be safer to send those people home at 2 a.m. than 4 a.m. Chief Cole stated preferably. Commissioner Franck stated he is not seeing where people say the driving is going to get worse. He understands where there is a funnel type situation, but doesn’t that happen more because bars close at different times anyway. Chief Cole stated it does but they are able to better manage that because they have details out there to deal with the intoxicated drivers. It is easier to deal with those issues when there are less people on the road. If you have hundreds getting in their cars at one time is virtually impossible to manage from a safety perspective. Commissioner Franck asked if it would it make sense to have a resolution stating the bars close at 1:00 or 2:00 Monday through Thursday and Friday, Saturday, and Sunday keep the bars open until 3:00 a.m.; average it out. Chief Cole stated it is a Council decision. He can give the facts of what they deal with. Friday night and Saturdays nights are their busiest times; they do have issues the other nights. Finals week at Skidmore are just as busy as a summer week. He knows Commissioner Franck likes statistics and he can give all the figures he wants. Commissioner Franck stated he is starting with a figure; all he is hearing is subjective things. Chief Cole stated the officers are dealing with real issues on the streets. He is trying to give the perspective of what they really deal with physically in real life. Commissioner Franck stated he has former high ranking police officers in the minutes stating we should close the bars at 2:00 a.m. Chief Cole stated he doesn’t want to cause more problems which are going to be greater than the ones we have now. Commissioner Frank stated we used to close the bars at 1:00 during the week until the early ‘60’s. Chief Cole stated keeping that in context, times have changed; our tourist industry has changed. Commissioner Franck stated he is trying to get a good idea of what is happening. Chief Cole stated he is willing to sit down and discuss all these issues. Commissioner Franck stated he has been talking about this for 6 weeks and willing to talk about this longer. We got the legal issues out of the way the best we can. The feeling he is getting is not much happens earlier in the week but starts to increase as the week goes on. Chief Cole stated he can’t disagree with that generally speaking. Commissioner Franck stated the funnel, people leaving town, the college students, various arguments fall to the way side on 65 – 70% of the week. Page 7 of 20 City Council Meeting 5/18/10 Chief Cole stated there are times that maybe they could adjust the times. His concern is on the busy times, by doing that, will force people into the residential neighborhoods. Residents will wake up to people urinating on the lawns, damaging their flowers, etc. The issues they are having with certain houses will intensify with more people going to these parties. Commissioner Franck stated with the chief’s expertise, he has narrowed it down to late week/weekend issue. He asked if the other chiefs can send him statements on how their towns work. Chief Cole stated he is receiving e-mails from them and conversing with them. Like anything, you get responses from some. Commissioner Franck stated he would like to look at them as he has spoken with some municipalities and they are telling him the opposite. He asked Chief Cole if he has heard from residents on this. Chief Cole stated he hasn’t heard one way or the other from anybody. Commissioner Franck stated the bottom line is on the busy evenings he doesn’t have enough people. We all can make the argument that having a couple extra people on the beat would make it safer for everybody. Chief Cole advised the supervisors are told to staff appropriately based upon the issues and the number of people downtown. Johnson Control Energy Performance Contract Commissioner Scirocco passed out a performance contract cost avoidance report created by Johnson Controls. He introduced Chris Kalawara and Darrell Marley of Johnson Controls. Chris Kalawara of Johnson Controls and Darrell Marley presented to the Council. Darryl is collecting all the energy savings data and put the report together. Chris explained their first agreement was passed in 2007, then 2 amendments that added additional scope to the project. Darryl explained different aspects of the project were being installed during 2008 & 2009. Facility improvements included lighting upgrades, energy efficient boilers, energy management system, boiler controls, etc. A report is created annually showing what was saved, including the amount saved by each City owned facility. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:54 p.m. Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Terri Raybine of Saratoga also owns a business in Lake George. He stated what happens in Saratoga Springs does have an affect on the establishment he owns in Lake George. He is not seeing some of the situations brought up by Commissioner Franck or not seeing the rowdiness that is uncontrollable. He agrees with the chief of police regarding the wording in the resolution where the health, peace, and safety of the public and the police force will be compromised by closing bars at 2 a.m. The City does a remarkable job controlling and maintaining a safe environment. He opposes closing the bars early. Page 8 of 20 City Council Meeting 5/18/10 Dave Bronner of 5 Royal Henley Court commented about the conduct of this meeting. The agenda gets changed around to the inconvenience of the tax payers. His concern this evening has to do with a report he read in the Saratogian. The police and the firemen will not be able to participate in the Flag Day Parade because we don’t have the money to pay for their overtime. The policemen and firemen should be standing in line to volunteer to walk in the parade. This is an example of the union contracts running amuck. The veterans who are marching are not getting paid; they are there because of patriotism. The reserves, CBA also do not get paid for their time. Andrew Bernstein of 33 Franklin Street stated he was involved in a bike race held on May 2, 2010. He thanked many members of the Public Safety Department and the Accounts Department for helping him get this event organized. He recognizes there were some concerns regarding the race from residents but no one has contacted him. He is asking if anyone from City offices hear of any complaints that they direct the person to him. David Wolven of 149 Van Dam Street stated he is also a bar tender downtown. The chief of police made most of his points. In regards to the parties that will be held in the homes, there will be more than drinking going on that will add to the problems in this City. He asked the Council to seriously think about this proposal. Andrea Hyde Rogers of Saratoga Springs stated her father learned how to drink at his fraternity. Back then they had someone checking for underage drinking at house parties. She thinks someone here should be checking for underage drinking at house parties. There was a hearing in the Cortland County building in the late ‘80’s where someone from the Liquor Authority spoke. This person stated there were too many bars in Courtland. Someone should look into this hearing to protect the students. Al Callucci of 9 Lexington Road stated the entrance to the City at the corner of Rt. 50 and Rt. 9 is an empty lot. We torn down the old gas station to improve the look but all it is is an empty lot. Maybe we can put up a flag, some landscaping, etc. The empty lot greets our visitors; we should make the main entrance to the City something we can be proud of. In regards to the 2 a.m. bar closing issue, we are in a unique situation because we are surrounded by 4 a.m. towns. His concern with the mass exit is we are going to have people going up and down inebriated in both directions. He also looked at the arrests for the past year; most were for people out of town, not in town. Commissioner Scirocco stated the lot at Rt. 50 and Rt. 9 is privately owned by Crown Oil. Kim Smith stated she has been the manager of Gaffney’s for the past 20 years. They work into the late hours of the morning. They don’t have the opportunity most people have to go home and casually fix dinner, and visit with family and friends. The workers in the restaurant/bar industry are intelligent, hard working, trained in CPR, and have TIPS training. These people need the time to visit with their friends, have a cocktail and go home. She is against the 2 a.m. closing. Jasper Alexander of 199 East Avenue and owner of Hattie’s, stated this first hurdle is going to be the largest hurdle. He cautioned making a decision without having all the information, comments, etc. Also, as a liquor license holder, his is as on the hook as he can possibly be. Restaurants and bars need to survive by being consistent to their clientele. This needs to be kept in mind when deciding what hour the bars will close. Doing various hours on various days is confusing to the public. He also inquired as to what happens to the sale of alcohol at the convenient stores, Price Choppers, etc. Commissioner Franck advised this proposal is just on premise. There are differing hours and rules between bars and restaurants now. Kyle York of 59 Railroad Place asked this Council to create a blue ribbon panel for the Saratoga Track. The need to save our track is very the fight for all our lives. We will find no support for this fight in Albany. The horse racing industry creates $1 billion dollars for the state. This is a state in need of cash. It owns a horse track in our town but has no agency to run it. This panel can create a way to create that entity; and Page 9 of 20 City Council Meeting 5/18/10 IPO, an LLP, etc. In the end, the people purchase and own the key to our own fortune. This can be a citizen funded initiative. Tim Holmes of 440 Broadway and owner of Wheatfields stated in the off season, it is the people who work in the City that go out from 10 p.m. to 1 p.m. As he listens to cause and effect he wonders if these people will be forced to consume quicker if they go out at 1 p.m. and everything closes at 2 a.m. Mayor Johnson closed the public comment period at 8:23 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, including the PBA contract at 9:55 p.m. Ayes - All Council returned from session at 10:37 p.m. Mayor Johnson reported the Council did not resolve anything during the executive session; therefore there is nothing to report. CONSENT AGENDA Mayor Johnson moved and Commissioner Franck seconded to approve the consent agenda as follows: 1. Approval of 5/4/10 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 5/14/10 $363,242.50 5. Approve Payroll 5/7/10 $490,033.15 6. Approve Warrant 2010 Mid 10MWMAY1 $117,011.69 7. Approve Warrant 2010 Regular 10MAY2 $1,786,928.44 Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Accept Donation from Rich and Mary Flaherty Through the Friends of Recreation (10-130) Mayor Johnson stated there is a group called Friends of Recreation that has been raising money for the indoor recreation center for items that cannot be purchased with bonded proceeds. This group has generously come forward to raise funds through the community to complete the facility and properly equip it. Mayor Johnson moved and Commissioner Ivins seconded to accept the donation from Rich and Mary Flaherty in the amount of $38,000 in particular for 3 divider curtains for the gym. Ayes – All Page 10 of 20 City Council Meeting 5/18/10 Mayor Johnson thanked the Flaherty family on behalf of the City. Discussion and Vote: City of Saratoga Springs & Saratoga American Legion Stampede Co-Sponsored Baseball Clinic 2010 (10-131) Linda Terricola, Director of Recreation stated the Recreation Department is seeking approval for a co- sponsorship for the summer baseball clinic with the Saratoga American Legion Stampede. This is a 50/50 split. The Stampede has offered to provide the clinic shirts and all the staffing and volunteer counselors. Mayor Johnson moved and Commissioner Ivins seconded to approve the agreement as described. Ayes - All Discussion and Vote: Saratoga Springs City School District Voucher (10-132) Linda Terricola stated this is a request for the Council to approve a voucher for the Saratoga Springs School District. Normally they would create a purchase order, but this time they did not provide one as required. Mayor Johnson asked for the amount in question. Linda advised the amount being requested for payment is $6,838. Mayor Johnson moved and Commissioner Wirth seconded to approve as described. Ayes - All Discussion and Vote: Firehouse Boundary Line Agreement (10-133) Mayor Johnson stated there is a memorandum of understanding being presented to the Council for acceptance to delineate and transfer the ownership of a retaining wall that existing between the Lake Avenue Fire Station and Edron, LLC. Paul Male stated the process was undertaken by National Grid in conjunction with the cold tar discovered on the site. In cleaning the cold tar up they were going to go back and install a fence on the retaining wall. The bulk of the wall is in good shape. National Grid stated they would put the fence on the wall providing the City obtained ownership of the wall. As the boundary currently exists; it’s 3 feet east of the wall. If the fence were to be put on the property line itself, there would be a 3 foot strip between the fence and the existing retaining wall making it difficult to maintain. The property owner has agreed to the boundary line agreement to move the boundary line 3 feet west to include the wall itself and the City would be responsible for the ownership and maintenance of the wall in the future. The owner has agreed to fix the first 60 feet of the retaining wall off Lake Avenue before the City takes ownership of the wall. John Ripp of GEI Consultants of Glastonbury Connecticut stated they will be managing the reconstruction of the fence. Mayor Johnson stated this is to remediate the retaining wall prior to the City being asked to take ownership. He confirmed there will be an inspection that the wall has been fully corrected and stabilized prior to our ownership. Mr. Ripp stated there will be an inspection prior to agreement of transfer. Mayor Johnson moved and Commissioner Scirocco seconded to approve the memorandum of understanding as described. Ayes - All Page 11 of 20 City Council Meeting 5/18/10 ACCOUNTS DEPARTMENT Announcement: Grievance Day Commissioner Franck stated grievance day will take place May 25th in the City Council Room. If people would like to make an appointment, they can call the Accounts Office or just walk in. The hours are 9 a.m. – noon, 1 p.m. to 4 p.m. and 7 p.m. to 9 p.m. Announcement: How to Grieve Your Assessment Class Commissioner Franck stated they will be holding their 5th annual class on how to grieve your assessment this Thursday, May 20th in the City Council Room. The class will explain the RP524 form. ** Addition of Item: Commissioner Franck moved and Mayor Johnson seconded to add an item to his agenda to set a public hearing for the last call for alcohol at the June 1, 2010 City Council meeting. Ayes – All Commissioner Franck set a public hearing for 6:30 p.m. on June 1st regarding the last call for alcohol. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Bluesology – July 4th (10-134) Commissioner Ivins moved and Commissioner Wirth seconded to authorize the mayor to sign a contract with Bluesology. Commissioner Ivins explained the cost is $400 and will be paid for from donations, not the City budget. Ayes - All Discussion and Vote: Accept Donations-Saratoga’s All-American Celebration (10-135) Commissioner Ivins moved and Commissioner Wirth seconded to accept donations for the All American Celebration 2010. Commissioner Ivins stated donations are: $2,500 from the Adirondack Trust Company, $1,000 from Ben & Jerry’s, $500 from the Residence Inn Marriott, $500 from Stewart’s Shops, $250 from Saratoga Gaming and Raceway, $250 from Joe Ribis of Purshe Kaplan Sterling Investments, $100 from Dawgdom, $100 from Lyrical Ballad, $125 from Saratoga Gaming and Raceway desert and barbeque fest, $125 from Bookmakers of the Holiday Inn desert and barbeque fest, $100 from Smokey Joe’s barbeque fest, $100 from Circus Café for the desert fest, and $10 car show registration. He thanked the public for their support. Ayes - All Discussion and Vote: Authorization to Increase Bond Counsel Service Cap (10-136) Commissioner Ivins moved and Commissioner Franck seconded to authorize an increase to bond counsel service cap by $150. Page 12 of 20 City Council Meeting 5/18/10 Commissioner Ivins stated during the work already authorized by the Council for 2010 bond issue, it became necessary for the bond counsel to draw up an amended bond resolution to remove 2 projects we will not be bonding at this time. The cap has not been met yet but they will need this amount added to it for when the bill comes in. Ayes - All Discussion and Vote: Amend 2010 Bond Resolution (10-137) Commissioner Ivins moved and Commissioner Wirth seconded to approve the amended 2010 bond resolution as presented to the Council. Commissioner Ivins stated the resolution removes the authorization for $300,000 for paid parking and $175,000 for the sewer jet. Neither project will be bonded this year. The Council agreed to waive the reading of the resolution. Commissioner Scirocco confirmed the sewer jet has the potential of being in the 2011 capital budget. Commissioner Ivins stated that is correct. The capital budget committee has to decide that. Roll Call: Commissioner Franck - Aye Commissioner Ivins - Aye Commissioner Scirocco - Aye Commissioner Wirth - Aye Mayor Johnson - Aye Discussion and Vote: Standard Work Day Resolution (10-138) Commissioner Ivins moved and Commissioner With seconded to approve the standard work day resolution as previously distributed to the Council. Commissioner Ivins stated Regulation 315.4 (Regulation of Reporting for Elected and Appointed Officials) was updated in 2009 and took effect August 12, 2009 by the Comptroller’s Office and the New York State Retirement System. When a new elected officials/appointed takes office, a standard workday log is kept for a month and a resolution is done for the retirement system to verify the time credited for such officials who do not keep a time card. This is only needed upon taking office in the first term. With the update in 2009, all elected and appointed officials who are part of the retirement system must now keep a 3 month log at the beginning of each term of office. The Council agreed to waive the reading of the resolution. Mayor Johnson asked why the resolution does not include the entire Council. Commissioner Ivins advised not all are in the retirement system. Ayes - All Discussion and Vote: Mayor’s Department Payroll Transfers (10-139) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Mayor’s Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated the transfers are from legal office coordinator, admin., aide building, assistant building inspector, and principal planner. Transfers to sick leave, administrative aide (new position), assistant building inspector seasonal (new), and clerk part time. Page 13 of 20 City Council Meeting 5/18/10 Mayor Johnson stated these are transfers due to the reorganization of his department. This is budget neutral. Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (10-140) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer from CHIPS rubble and stone to CHIPS overtime. These funds were awarded in 2009 and encumbered. Ayes - All Discussion and Vote: Department of Public Safety Payroll Transfers (10-141) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is for transfers from EMS training, Stop DWI overtime, and social security lines. Transfers are to EMT incentive, education awards, clothing allowance and Stop DWI miscellaneous equipment lines. Ayes - All Discussion: City Finances Commissioner Ivins stated mortgage tax continues to decline; but we are closer to the revised budget. We are down about 34% from last year. Sales tax is continuing an upward trend. We are up 8.15% over last year. Commissioner Ivins also stated his quarterly report can be found in the Clerk’s Office and on line. PUBLIC WORKS DEPARTMENT Discussion: Lillian’s Parking Lot Commissioner Scirocco stated the City requested a study in 2006 on the Lillian’s Lot. This study was done by Ryan Biggs. The recommendation was to deconstruct the wing areas of the lot so the center can be used for parking. In speaking with Scott Palmer of the City’s Engineering Office and Paul Male, city engineer, the center area can be used for motorcycle parking only. There would be spaces for 50 motorcycles. There is an issue on the sides; he will work with Risk and Safety to block off the wing areas. The engineers agree there is no issue with the center of the parking lot. The second option is to open the lot up to car parking – probably 25 spaces. They are waiting for Ryan Biggs to give confirmation that this can be done. Paul Male stated the center of the parking lot is as Commissioner Scirocco described. The letter from Ryan Biggs of 2006 states the center is on grade. The center section is structurally sound and there is no issue that they are aware of at this point. Commissioner Scirocco stated if they don’t use it for cars, he would at least like to use the lot for functions. Page 14 of 20 City Council Meeting 5/18/10 Commissioner Franck stated he mentioned earlier striping the streets. Are there minimum spacing requirements here too for parking? Commissioner Wirth stated they would have to get an opinion from the city attorney to see if the law allows motorcycle parking only. Commissioner Franck stated the facilities on either side are not going to like motorcycle parking only because of the noise. He is also concerned with people going over the jersey barriers. Maybe we want to make that an area for street vendors for the summer as a temporary situation and the vendors would have to pay a fee. The fee would take care of the fencing and some of these costs. Commissioner Scirocco stated the fencing is approximately $7.50 per foot; it’s not the best pricing. There may have to be a ramp built from the Cantina into the parking lot. Mayor Johnson asked Commissioner Scirocco to finalize the fencing issue, the entrance/exit issue from the Cantina Restaurant, and obtain a written updated report from Ryan Biggs. Commissioner Scirocco asked if he can do this by memo to keep it moving. Mayor Johnson stated this will require Council vote to re-use of the lot. Commissioner Scirocco stated we didn’t have a vote to close it down. Commissioner Franck stated he won’t have his name on opening this up unless his has the total background and the ok from the city attorney, risk and safety. . Commissioner Scirocco stated he is not going to waste his time if the Council isn’t going to conceptually approve this. Commissioner Franck stated the liability for the deck use is greater than the small proposed accommodation of parking. Mayor Johnson stated the Council is agreeable to pursue it for vehicle parking and fencing being present and addressing the issues regarding the emergency exits. The details and costs aren’t there. We need official sign off by engineering regarding its structural integrity. He would like to see it in writing. Commissioner Scirocco stated Debbie LaBreche contacted Ryan Biggs today and they are waiting for them to come to confirm. Commissioner Ivins asked for solid numbers to make a decision. He would also like to know what line item the money is coming from. Update: Nelson Avenue Commissioner Scirocco asked Paul Male to provide an update. Paul Male stated they surfaced it yesterday and finished it up today. There are a couple miscellaneous things to be finished. PUBLIC SAFETY DEPARTMENT Announcement: Update on Overtime Savings Year to Date Page 15 of 20 City Council Meeting 5/18/10 Commissioner Wirth advised there has been a reduction of overtime in the amount of 33% during the first 4 months of this year compared to last year for the same time period. He commended his chief, staff and deputy for a great job. Announcement: Update on Parking Ticket Revenue Commissioner Wirth advised the amount collected from March 22 – May 11 over $92,680. This is due to the amnesty program, license plate readers, and the change in towing regulations. They will continue this process of enforcement. Announcement: Update on Traffic Stops on Rt. 50 Commissioner Wirth stated the recent NYS Traffic Study revealed Rt. 50 from Broadway to Jones Road as the 3rd least safe highway in the area. Saratoga Springs Police Department has issued 128 citations for various offenses. This will continue through December 2010. Commissioner Ivins asked how much of that the City gets to keep. Tony Izzo, assistant city attorney stated if it is written under City ordinance, the City keeps all of that. Deputy Commissioner Dudla clarified the section of road where we are involved is up to the Northway. Discussion and Vote: Permission for the Council to Accept the Use of a Training Room/Multi Purpose Room at Jefferson Terrace (10-142) Commissioner Wirth stated this is a multipurpose room donated by the Housing Authority to the Police Department. This will go into effect this Thursday. The room was completely remodeled at not cost to the City. The Police Department can use it as a command post if a problem arises in that area. He thanked the director of the Housing Authority and his staff for the work they put into this. Commissioner Wirth moved and Commissioner Scirocco seconded to accept the donation of this room from the Housing Authority. Commissioner Ivins asked if there is a camera in this room should a suspect be interviewed. Commissioner Wirth advised there is not, but he is sure one can be set up. Ayes – All Discussion and Vote: Permission To Establish a Fee Schedule for Overtime for Special Events Commissioner Wirth stated as a result of staff reductions, it is necessary to require organizations to pay for overtime associated with their special event. The fee schedule per hour range is: $35.70 – $72.88 for police, $33.22 – $73.34 for fire, and $41.22 – $62.02 for the Public Safety Garage. Other towns have been charging for events for time; arrangements vary from a set amount per hour to the actual amount plus a 25% administrative fee. Commissioner Wirth moved and Commissioner Ivins seconded to accept this proposal. Commissioner Ivins stated the fees didn’t make it on the agenda and asked if a hard copy could be provided. Commissioner Scirocco asked if the fees are based upon overtime fees. Page 16 of 20 City Council Meeting 5/18/10 Commissioner Wirth stated the fees are based upon overtime. Commissioner Ivins suggested having these fees approved in the December meeting for the upcoming year with the other fees we approve. Commissioner Franck confirmed these fees are being established tonight and will take effect tomorrow. Commissioner Ivins stated actually it is back dated because some events happened. Mayor Johnson asked what we normally would charge if anything for special events. Deputy Commissioner Dudla advised the range is large as they don’t know who is going to be on overtime that day depending upon call-ins, injuries, etc. The range goes from the lowest paid officer at time and a half to the highest paid lieutenant; same with the Fire Department and the Police Garage. They have been working with the organizations to find out what their needs are and to try to keep the costs down. Mayor Johnson asked if we presently charge anything for this service or is this a totally new fee being imposed. Deputy Dudla stated when the commissioner took office and reviewed the budget; we found we spent $28,000 in overtime for 27 events last year. Given the tight budget they decided the fees would be charged for all events. They sent a letter out to all the organizations in February and started to talk to them. He wasn’t aware that there wasn’t a fee schedule already established until he was notified by Finance. They have had several events and sent bills out for them. Commissioner Wirth stated the organizations agreed to the fees in advance. Commissioner Ivins asked how many organizations have paid for the service so far. Deputy Dudla stated they have sent 3 bills out so far. He is not aware of anyone having paid yet. Commissioner Franck stated he doesn’t have a problem with this but he is not sure he we are following the proper process. We don’t have the fees in the books and we are charging. He questioned if they should table this to be sure they are following Municipal Law Rules. Mayor Johnson stated he agrees with the effort and goal. It is a question if proper notice has been given. Deputy Dudla stated they have contacted all the organizations in February and have been working with them. Most everyone has been cooperative. Mayor Johnson asked how we project to the organization how much the event will cost them if we have a range. Deputy Dudla stated we give them a high and a low; that is the best we can give them. We do try to keep the cost down for them. Mayor Johnson asked if they agree to this in writing in advance. Deputy Dudla stated there is no written contract but they do receive something in writing from us. Commissioner Franck stated he believes we can do this but we need to tighten it up. Commissioner Ivins questioned if we can legally charge those people before we have officially adopted the fees. Tony Izzo, assistant city attorney, stated there has to be a basis for charging a fee. Page 17 of 20 City Council Meeting 5/18/10 Commissioner Ivins confirmed that they can’t charge the 3 people they charged since the fees haven’t been adopted by the Council. Tony advised that would be correct. Deputy Commissioner Jarosh stated fees had been charged in the past but they weren’t charged fairly or evenly. In the Finance Policy update of 2009, they wrote in that no fees can be charge until they are part of a local law, ordinance or part of the fee schedule they update every December. Mayor Johnson asked if there are any events scheduled between now and the June 1st Council meeting. Commissioner Ivins stated there is one for Memorial Day. Mayor Johnson asked if we intend to charge for police and fire overtime. Commissioner Wirth stated it is our intent. Mayor Johnson suggested withdrawing this for this evening and talking further about this issue at the special meeting to be held for the Lillian’s lot. We need more information. Commissioner Wirth agreed with that. Discussion and Vote: Permission for the Mayor to Sign the Lease Agreement for the Police Vehicles (10- 143) Commissioner Wirth moved and commissioner Ivins seconded to approve the mayor to sign the lease agreement for police vehicles. Commissioner Wirth stated the number of leases has been reduced by 2. Ayes - All Discussion and Vote: Permission for the City Council to Fill the Vacant Position of Public Safety Office Supervisor (10-144) Commissioner Wirth explained this position became vacant in April due to a retirement and is a vital position to the department. This position is responsible for weekly payroll of 150 employees, worker’s compensation, managing employees, etc. The current position calls for 33 hours per week; the individual selected will work 40 hours per week. The payroll grade is 14. Commissioner Wirth moved and Commissioner Scirocco seconded to approve filling the position of public safety office supervisor. Commissioner Scirocco asked if this is an in-house appointment. Commissioner Wirth stated it is. Mayor stated he would like to see a new position created to recognize a consolidation of duties within his department rather than 2 positions. He is concerned that we are not reducing the salary sufficiently to recognize what our budget issue is. Commissioner Ivins stated he echoes the mayor’s comments. Commissioner Wirth is heading in the right direction with this position. Mayor Johnson encouraged the Council to consolidate payroll into one department; preferably in the Finance Department. This is an opportunity to get rid of the duplication of payroll services. Page 18 of 20 City Council Meeting 5/18/10 Commissioner Ivins stated his department is looking into that. Commissioner Scirocco stated he agrees it would cost effective to consolidate payroll and put it in one office. He stated all his office supervisor does on Mondays is payroll. Ayes - All Discussion and Vote: Stop Signs at Phila Street and Court Street (10-145) Commissioner Wirth stated as a result of a traffic analysis study, it was determined the intersection did not meet the conditions described in the manual. There was a concern about the vision of sight, there fore it was determined that there is a need for stop signs at this intersection. Commissioner Wirth moved and Commissioner Scirocco seconded to approve the stop signs at Phila and Court Streets as described. Commissioner Scirocco asked if this is the intersection that doesn’t line up. Ayes – All Discussion and Vote: Permission for the City Council to Fill the Vacant Position of Senior Account Clerk Within the Salary Range as Stated in the Union Contract Commissioner Wirth pulled this item from his agenda. Discussion and Vote: Permission from City Council to Fill Two Vacant Dispatcher Positions Commissioner Wirth pulled this item from his agenda. SUPERVISORS Joanne Yepsen County Update Supervisor Yepsen reported they authorized participation in the 2010 Stop DWI program. This is covered by a grant of $390,000. They also authorized the issuance of serial bonds to cover the costs and finances of the acquisitions and installations of computer equipment directly related to the receipt of wireless 911 calls and the dispatch of emergency services in response to such calls. The County, in conjunction with other counties and towns, are challenging recent regulations of the Adirondack Park Agency relating to setback limitations of existing structures along the shorelines in the park. NY Racing Update Supervisor Yepsen reported the situation changes daily. Yesterday there was a fearful reaction to NYRA’s concerns and remarks. Today the new news is that Governor Paterson wants to write a loan to NYRA until its share from VLTs is produced. The money would come from the capital construction fund for the VLTs. The vendor for the VLTs is expected to be chosen by August 1st. If not passed, the economics of our region will be severely impacted. Page 19 of 20 City Council Meeting 5/18/10 Matt Veitch May 2010 Public Safety Committee Supervisor Veitch reported the committee accepted a $10,000 grant from Senator McDonald’s Office for computer equipment for the district attorney’s office. They accepted a homeland security grant for $119,750 for anti-terrorism equipment and police training time, a homeland security grant for $246,000 for protection equipment for the Hazmat team. They also approved Stop DWI program; Saratoga Springs Police Department is going to receive $36,000 for their patrols. They also voted to bond for the county radio system, accepted $125,000 for their emergency services department, etc. Review May 2010 Board of Supervisors Resolutions Supervisor Veitch reported they passed a resolution regarding books for children in Haiti. June 14th is the date the Geyser Road bridge will close. ADJOURNMENT Mayor Johnson moved and Commissioner Wirth seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:38 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 6-1-10 Vote: 5 - 0 Page 20 of 20