City Council

November 1, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:50 P.M. – P.H. – Amendment to Taxi Ordinance 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 City Council Minutes from 10/19/10 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Commissioner of Deeds 5. Approve Payroll 10/22/10 $391,907.41 6. Approve Payroll 10/29/10 $380,354.81 7. Approve Warrant 2010 Mid 10MWOCT2 $516,219.21 8. Approve Warrant 2010 Regular 10NOV1 $454,260.54 MAYOR’S DEPARTMENT 1. Discussion and Vote: Accept Donations of Scoreboards and Volleyball Equipment for the Indoor Recreation Center 2. Discussion and Vote: Accept Donation – Painting of City Hall 3. Discussion and Vote: Saratoga County Animal Shelter Agreement for 2011 4. Discussion and Vote: Merit for Review of Zoning Ordinance Amendment for Creation of Workforce Housing Floating Overlay District and Referral to City Planning Board for Advisory Opinion ACCOUNTS DEPARTMENT 1. Set Public Hearing: Dog Licenses 2. Award of Bid: Extension of Bid for Municipal Solid Waste to Waste Management of New York 3. Announcement: Public Hearing of the Saratoga County Sewer District No. 1 FINANCE DEPARTMENT City Council Meeting 11/1/10 1. Discussion: 3rd Quarter 2010 Financial Report 2. Discussion and Vote: Debt Policy 3. Discussion and Vote: Accounts Receivable Collection Policy 4. Discussion and Vote: Authorization for Mayor to Sign Attestation for Blue Shield – Grandfathered Status 5. Discussion and Vote: Department of Public Works Payroll Transfers 6. Discussion and Vote: Department of Public Safety Payroll Transfers 7. Discussion and Vote: Mayor’s Department Payroll Transfers 8. Discussion: Budget Workshops 9. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Change Order with Highlander Construction 2. Discussion and Vote: Authorization for Mayor to Sign Change Order with Tom Kubricky Construction 3. Discussion and Vote: DPW Employee Sick Bank Request 4. Discussion and Vote: Emergency Repair - Nortrax PUBLIC SAFETY 1. Public Hearing: 2011 Fire Inspection Fees 2. Announcement: Enforcement on House Numbers – Chapter 201-3 of City Code Book SUPERVISORS Joanne Yepsen 1. Happy Election Day Matthew Veitch 1. Trails Committee 2. Animal Shelter Grand Opening ADJOURN Page 2 of 11 City Council Meeting 11/1/10 November 1, 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 Matt Veitch, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney ABSENT: Joanne Yepsen, Supervisor 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 Amendment to Taxi Ordinance Mayor Johnson opened the public hearing at 6:52 p.m. Commissioner Franck announced this will not be on the agenda for vote. He will keep the public hearing open. No one spoke. Mayor Johnson ended the public hearing at 7:00 p.m. and left it open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Page 3 of 11 City Council Meeting 11/1/10 Mayor Johnson opened the public comment period at 7:01 p.m. Commissioner 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. Kyle York of 59 Railroad Place stated he read in one of the papers that the last public hearing was going to be squeezed in tonight. He is concerned that the workshops will be held before all the public input has been given. He has worked hard to get the tax increase down to 1.2% by making 4% gross cuts to DPW and DPA. This equates to cutting 6 DPW jobs, 5 firefighters, and 5 policemen. His real solution is not to lose a single job but bring the unions to the table for serious negotiations. He read a small article from today’s Post Star regarding the firefighter contract negotiated in Schenectady. His real hope is the Ivins ‘default budget’ will put pressure on the unions to start negotiating so that no employee has to be let go. Mayor Johnson closed the public comment period at 7:04 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes from 10/19/10 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Commissioner of Deeds 5. Approve Payroll 10/22/10 $391,907.41 6. Approve Payroll 10/29/10 $380,354.81 7. Approve Warrant 2010 Mid 10MWOCT2 $516,219.21 8. Approve Warrant 2010 Regular 10NOV1 $454,260.54 Commissioner Scirocco stated his staff advised him that no one in his office has seen either warrant. They weren’t able to justify all the paperwork. He asked if a special meeting could be held to vote on the warrants and remove them from this consent agenda. Mayor Johnson revised his motion to move and Commissioner Scirocco seconded to approve the consent agenda minus items 7 & 8. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Accept Donations of Scoreboards and Volleyball Equipment for the Indoor Recreation Center (10-320) Mayor Johnson stated there are 3 representatives of the Friends of the Recreation Center here. He recused himself from this vote as he is one of the donors. Brian Hollowood of the Friends of the Recreation Center stated there are 4 donations they would like to get approved. One is a complete volleyball/pickleball system donated by Stewart’s Shops at a value of $13,621.84, one electronic scoreboard system donated by the Saratoga Gaming and Raceway at a value of $8,137.50, one electronic scoreboard system donated by the Flaherty Family Foundation at a value of $8,137.50, and 2 additional electronic scoreboard systems donated by Mayor Johnson and his wife Julie at a value of $16,275. Page 4 of 11 City Council Meeting 11/1/10 Commissioner Ivins moved and Commissioner Wirth seconded to approve the donations as described. Ayes – All Discussion and Vote: Accept Donation – Painting of City Hall (10-321) Mayor Johnson stated this item is an oil painting of City Hall of how is looked circa 1920. The artist is Bette Qua Papineau. The value has been set not to exceed $500 for insurance purposes. Mayor Johnson moved and Commissioner Wirth seconded to accept the painting as described. Ayes – All Mayor Johnson thanked Ms. Qua Papineau on behalf of the City for the donation. Discussion and Vote: Saratoga County Animal Shelter Agreement for 2011 (10-322) Mayor Johnson advised this is an annual arrangement we have with the County shelter. The amount to be paid to the County is $4,005.50. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with the animal shelter as described. Ayes - All Discussion and Vote: Merit for Review of Zoning Ordinance Amendment for Creation of Workforce Housing Floating Overlay District and Referral to City Planning Board for Advisory Opinion (10-323) Mayor Johnson asked Brad Birge of the Planning Department to describe this proposal. This is for the Council to decide if there is sufficient merit for this proposal to be forwarded to the Planning Board for an advisory opinion. Brad Birge stated this is being brought forward by Dave Jelenik on behalf of CDJT Development. This is a recommendation to create a floating zoning overlay. This would be a series of zoning requirements that would be on top of the underlying zoning requirements that currently exist. It is to create housing that is affordable for households earning between $61,000 - $90,000. It would be for properties within the inner district and properties immediately adjacent. If the Council believes it has merit for review, they can move it forward for the Planning Board to review. Commissioner Ivins asked if Mr. Jelenik worked with Mr. Birge’s office to develop this. Mr. Birge advised Mr. Jelenik has been working with Engineering America. Mayor Johnson stated he also met with this group several times during the creation of this proposal. They were looking at 5 different ordinances already in effect that support the overlay concept. This is a preliminary matter for the Council to determine if it has enough merit to move forward. He expects there will probably be some revision to this format due to the significance to the City. This may be a solution to the ongoing problem many households have to being able to live within the City limits. Commissioner Franck stated he will support this because it is in the early format. His biggest concern is the administrative costs to the City to determine if the people qualify. He doesn’t want the City to have to hire people to be sure we are following those rules. He is sure the Planning Board will address that. Mayor Johnson stated he too does not want to add to the workforce to accommodate any change being considered in terms of zoning ordinance. Page 5 of 11 City Council Meeting 11/1/10 Commissioner Scirocco asked what the timeframe is on this. Mr. Birge stated the Planning Board normally has 30 days to respond with an advisory opinion. They may ask the applicant if they are ok with a longer timeframe. Mayor Johnson moved and Commissioner Franck seconded to approve moving this on to the City Planning Board. Ayes - All ACCOUNTS DEPARTMENT Set Public Hearing: Dog Licenses I would like to set a public hearing for November 16, 2010 at 6:25 p.m. Award of Bid: Extension of Bid for Municipal Solid Waste to Waste Management of New York (10-324) Commissioner Franck moved and Commissioner Scirocco seconded to extend the bid forMunicipal Solid Waste for 1 additional year to Waste Management of New York for the same terms, conditions, and pricing. Ayes - All Announcement: Public Hearing of the Saratoga County Sewer District No. 1 Commissioner Franck announced the Saratoga County Sewer District No. 1 will be conducting a public hearing in the Board of Supervisors’ Chambers at the Saratoga County Municipal Center at 40 McMaster Street, Ballston Spa, on Wednesday, November 3rd at 9:00 am. This public hearing is for the purpose of establishing a scale of charges for the collection, conveyance, treatment and disposal of sewage for 2011. Supervisor Veitch described how they calculate the sewer charges at the County. The County calculates sewer usage by unit – a single family home is considered 1 unit. The City of Saratoga Springs has sewer calculated as an aggregate of the entire city. The number of users has been declining in the City since 2006. A lot of this is do to DPW measuring the storm sewer versus the sanitary sewer and making sure the right materials are going to the County. The total bill for the City has increased since 2006; approximate increase of $300,000. The sewer district has been raising its rates over the past several years. Each user is build through the Department of Public Works. Commissioner Scirocco asked if a reason for the increase was given. Supervisor Veitch stated the increase is due to the $52 million dollar sewer expansion voted on in 2008. The increase is to pay off the debt service on the bonds. FINANCE DEPARTMENT Discussion: 3rd Quarter 2010 Financial Report Commissioner Ivins stated each Council member has received a copy of the 3rd quarter financial report. A public copy is available in the Clerk’s Office. We have collected 81% of property taxes. Sales tax from January 2010 through July 2010 is up 7% from 2009. Occupancy tax is up 19% over 2009. We have received 2 quarters distribution of the County surplus. We are expecting to meet budget as we have with previous years. The first payment of state aid has not been received as of 9/30/10 – hopefully the check is Page 6 of 11 City Council Meeting 11/1/10 in the mail. Approximately 40% of the revenue for water and sewer has been collected for 2010. It appears the water and sewer charges may not meet budget. Commissioner Ivins stated on the expense side – liability insurance has been paid for the year. Most departments’ expenses are running at or below 75%. Overall, as a City, it is amazing how flat our budget is. We have some seasonal expenses. Commissioner Scirocco stated we had a dry summer and we sold a lot of water. He believes we will be ok with the water budget. Discussion and Vote: Debt Policy (10-325) Commissioner Ivins moved and Commissioner Franck seconded to approve the debt policy as distributed to the Council. Commissioner Ivins stated this policy is what we have been doing; we are just putting it in writing for future administrations. This was a collaborative effort between the director of finance, auditors, fiscal advisors and bond council. Mayor Johnson stated on page 2, Debt Issuance heading, paragraph 6 – it reads “….when deemed necessary by the Commissioner of Finance….”; he believes it would be best to be consistent with the Charter and word it something like “…being recommended by the Commissioner of Finance and approved by the Council”. Commissioner Ivins advised that is a professional service and therefore worded it accordingly. The Council would still have to sign the contract when it comes through as he can’t sign the contract. Mayor Johnson stated maybe just change the word from ‘will contract’ to ‘may contract’. Commissioner Ivins made a friendly amendment to change the wording to ‘will’ from ‘may’ with second by Commissioner Franck. Ayes – All Discussion and Vote: Accounts Receivable Collection Policy (10-326) Commissioner Ivins moved and Commissioner Franck seconded to approve the Accounts Receivable Collection Policy as previously distributed. Commissioner Ivins stated this too is something that has been followed but never had written. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Attestation for Blue Shield – Grandfathered Status (10-327) Commissioner Ivins moved and Commissioner Franck seconded to authorize the mayor to sign an attestation for Blue Shield as previously distributed. Commissioner Ivins stated this is like the CDPHP paperwork we passed as the last Council meeting. Grandfathering means our health plans will stay as they are for renewal. Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (10-328) Page 7 of 11 City Council Meeting 11/1/10 Commissioner Ivins moved and Commissioner Scirocco seconded to approve the payroll transfers as previously distributed to the Council. Ayes – All Discussion and Vote: Department of Public Safety Payroll Transfers (10-329) Commissioner Ivins moved and Commissioner Wirth seconded to approve the payroll transfers as previously distributed to the Council. Ayes – All Discussion and Vote: Mayor’s Department Payroll Transfers (10-330) Commissioner Ivins moved and Mayor Johnson seconded to approve the payroll transfers as previously distributed to the Council. Ayes – All Discussion: Budget Workshops Commissioner Ivins set budget workshops for Monday, November 15, 2010 at 12:00 p.m. and Tuesday, November 23, 2010 at 6:00 p.m. He feels Commissioner Franck’s suggestion to hold the workshop first and then the public comment is the better way/order for the meeting. Commissioner Franck asked if interaction with the public will be allowed. Mayor Johnson stated he would like to see the Council come to a consensus of the format to be consistent so that there are no accusations that some are being given more time than others. He also suggested that the Council keep their calendars open for the nights of the 29th and 30th. Discussion: City Finances Commissioner Ivins stated he will be holding some comments to the first budget workshop. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Change Order with Highlander Construction (10- 331) Commissioner Scirocco stated Highlander Construction installed the waterline on Gilbert Road. On January 5, 2010 the contractor submitted a change order for $16,085.00 for additional directional waterline at a considerably higher cost than traditional trench installation. On March 12, 2010 Paul Male, city engineer responded offering to approve the change order in the amount of $8,097.50. On October 21, 2010, the contractor responded to agree to accept the amount of the change order offered by Paul Male. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign a change order #1 with Highlander Construction in the amount of $8,097.50 for additional work on the Gilbert Road waterline. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Order with Tom Kubricky Construction (10- 332) Page 8 of 11 City Council Meeting 11/1/10 Commissioner Scirocco the base bid for the Beekman Street waterline was awarded to Tom Kubricky Construction for $456,493. The work is substantially complete as of October 29, 2010. Because the work has been completed so quickly and there are remaining funds in the capital budget line, he is proposing a change order in the amount of $64,027.60 to continue the project this year. This will be for the installation of a waterline from Grand Avenue to Washington Street. This did not increase the overall budget, it moved funds from phase 2 to phase 1. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign a change order #1 with Tom Kubricky Construction in the amount of $64,027.60. Ayes – All Discussion and Vote: DPW Employee Sick Bank Request (10-333) Commissioner Scirocco stated he received a request to withdraw 25.75 days from the DPW sick bank effective October 19th. The union has approved this. Commissioner Scirocco moved and Commissioner Ivins seconded to approve the withdrawal of 25.75 days from the DPW sick bank effective October 19th. Ayes – All Discussion and Vote: Emergency Repair – Nortrax (10-334) Commissioner Scirocco explained the check engine light came on on one of the loaders. The mechanics at Nortrax discovered a hydraulic control valve and other issues needed to be repaired before the machine was operational. This loader is solely used at the compost facility to move and turn compost. We are in the middle of leaf season and can’t be without it. He believes this meets the City’s purchasing policy definition of an emergency. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize payment to Nortrax in the amount of $8,990.64 to cover the cost of the emergency repair to this piece of equipment and the funds are in the DPW budget. Commissioner Ivins stated the attached shows a quote of $2,848.53 and $8,000 was just mentioned. What is the difference? Commissioner Scirocco stated initially it was the ‘check engine’ light. Then there was an issue with the hydraulics needing to be repaired. Commissioner Ivins asked if a new quote could be forwarded to his office. The first fax is dated this morning. Commissioner Scirocco stated they have to order the part; they don’t have the part on hand. Commissioner Ivins asked which line item the funds are coming out of. Commissioner Scirocco stated he wasn’t sure – they are working on that. Commissioner Ivins requested a final set of numbers as the attachments are confusing. Commissioner Ivins stated he is willing to vote on this contingent upon the verification of funds. Commisisoner Scirocco stated that isn’t a problem – he will get that to him tomorrow. Ayes – All Page 9 of 11 City Council Meeting 11/1/10 PUBLIC SAFETY DEPARTMENT Set Public Hearing: Fire Inspection Fees for 2011 Commissioner Wirth set a public hearing for November 16th at 6:15 p.m. Commissioner Franck advised that in the past when something like this is done during budget season, we have to hold 2 meetings. Announcement: Enforcement on House Numbers – Chapter 201-3 of City Code Book Commissioner Wirth stated they started the enforcement of this in June. The buildings must have numbers on them. Some locations are slower in responding to their request to better identify their house numbers. This is a safety issue for response time from public safety. SUPERVISORS Joanne Yepsen Nothing on the agenda at this time. Matthew Veitch Trails Committee Supervisor Veitch reported they are working on opening the Calibus Perry Trail which sits in the Town of Northumberland and the Town of Wilton. They have a contract with the BOCES forestry program. They will be maintaining that trail. Animal Shelter Grand Opening Supervisor Veitch reported the grand opening occurred this past Saturday. The dogs and cats have been placed in different areas of the shelter and soundproofing has been installed. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Wirth seconded to move to executive session for discussion regarding proposed, pending or current litigation as well as collective negotiations at 8:03 p.m. Ayes - All Council returned from session at 8:40 p.m. Mayor Johnson stated nothing was resolved during executive session; therefore there is nothing to report to the public. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All Page 10 of 11 City Council Meeting 11/1/10 There being no further business, Mayor Johnson adjourned the meeting at 8:41 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 11/16/10 Vote: 5 - 0 Page 11 of 11