City Council

January 4, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:45 PM – PH – Summer Lane 6:50 PM – PH – Zoning Fee Schedule 6:55 PM – PH – Zoning Ordinance Change 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, collective negotiations. CONSENT AGENDA 1. Approval of 12/7/10 City Council Minutes 2. Approve Payroll 12/23/10 $389,765.35 3. Approve Payroll 12/30/10 $468,444.97 4. Approve Warrant 2010 Mid 10MWDEC3 $22,746.94 5. Approve Warrant 2010 Regular 10DECF3 $279,382.20 6. Approve Warrant 2011 Regular 11JAN1 $40,372.65 MAYOR’S DEPARTMENT 1. Discussion and Vote: Adopt a City Resolution for State Action on Racing (VLT, OTB and Catskill Casino Gambling) 2. Discussion and Vote: Golf World Clinic at Recreation Center 3. Discussion and Vote: Temporary Recreation Director 4. Set Public Hearing: Set Additional Public Hearing for January 18, 2011: Amendments to Zoning Ordinance and Subdivision Regulations to Delete Existing Fee Schedules and Authorize the Establishment of Fees by Resolution 5. Set Public Hearing: Set Additional Public Hearing for January 18, 2011: 2011 Fee Schedule for Zoning, Planning, and Building Fees 6. Discussion and Vote: Motion to Refer Fee Schedule Zoning Amendments to City Planning Board and Saratoga County Planning Board for Advisory Opinions 7. Discussion and Vote: Accept Sculpture Donation from the Saratoga Arts Council for the City Center 8. Discussion and Vote: Saratoga County Office for the Aging Nutrition and Transportation 9. Discussion: Pavilion Grand Parking Lot Agreement 10. Discussion: State of Negotiations with the School District Re: Recreation Fields 11. Announcement: State of the City Address City Council Meeting 1/4/11 ACCOUNTS DEPARTMENT 1. Presentation: Risk and Safety Year End Report 2. Discussion and Vote: Red Flag Policy 3. Discussion and Vote: Ice Hockey Policy 4. Discussion and Vote: Contract Administration Policy 5. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Article 7 and 78 Matters 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Civil Service Matters 7. Discussion and Vote: Authorization for Mayor to Sign Agreement with Brown and Weinraub, PLLC 8. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Charter Challenge 9. Discussion and Vote: Authorization for Mayor to Sign Agreement with Town, Ryan and Partners 10. Discussion and Vote: Senior Clerk Position (PT) FINANCE DEPARTMENT 1. Discussion and Vote: EFC Agreement 2. Discussion and Vote: Hire Health Benefits & AP Coordinator Temporary for Training 3. Discussion and Vote: Accounts Department Payroll Transfers 4. Discussion and Vote: Finance Department Payroll Transfers 5. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion: New York State Leak Detection Services 2. Discussion: Salt and Sand PUBLIC SAFETY 1. Announcement: Neighborhood Watch SUPERVISORS Joanne Yepsen 1. County 2011 Organizational Meeting 2. MLK Day Community Celebration 3. Guardian House Location & Update 4. Sustainable Saratoga 2011 Task Force Matthew Veitch 1. Saratoga County 2011 Organizational Meeting 2. 2011 Committee Assignments ADJOURN Page 2 of 15 City Council Meeting 1/4/11 January 4, 2011 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 Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS 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 Summer Lane Mayor Johnson opened the public hearing at 6:46 p.m. Commissioner Scirocco stated he received a request to include Summer Lane on the City’s official list of streets as a private street. This street connects to Whitestone Road and Tomahawk Lane which is also a private road. He will not ask for a vote tonight and will hold the public hearing open until the next City Council meeting. Page 3 of 15 City Council Meeting 1/4/11 No one spoke. Mayor Johnson concluded the public hearing at 6:50 p.m. and left the public hearing open. Zoning Fee Schedule Mayor Johnson opened the public hearing at 6:50 p.m. Mayor Johnson stated the proposal is to remove the fee schedule from the current Zoning Ordinance and adjust the fee scheduled. The fees are posted in City Hall and the Planning Department for public viewing. This will not be voted on this tonight and will remain open until we hear back from the City and County Planning Boards with an advisory opinion. This will allow the City Council to change fees in the future by resolution. The current fees are on the low side. No one spoke. Mayor Johnson concluded the public hearing at 7:00 p.m. and left the public hearing open. Zoning Ordinance Change Mayor Johnson opened the public hearing at 6:50 p.m. Mayor Johnson held this public comment period with the Zoning Fee Schedule public hearing as they go together. The proposed change to the Zoning Ordinance is to remove the zoning fees from the ordinance. This will not be voted on tonight and will be left open until the Council hears back from the City and County Planning Boards with an advisory opinion. No one spoke. Mayor Johnson concluded the public hearing at 7:00 p.m. and left the public hearing open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:01 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. No one spoke. Mayor Johnson closed the public comment period at 7:02 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: Page 4 of 15 City Council Meeting 1/4/11 1. Approval of 12/7/10 City Council Minutes 2. Approve Payroll 12/23/10 $389,765.35 3. Approve Payroll 12/30/10 $468,444.97 4. Approve Warrant 2010 Mid 10MWDEC3 $22,746.94 5. Approve Warrant 2010 Regular 10DECF3 $279,382.20 6. Approve Warrant 2011 Regular 11JAN1 $40,372.65 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Adopt a City Resolution for State Action on Racing (VLT, OTB and Catskill Casino Gambling) (11-01) Mayor Johnson stated it was suggested to expand the resolution to go beyond the OTB and casino gambling. The resolution now includes VLT, OTB, and Catskill Casino. These 3 items are not the only items facing the racing issues but they are the 3 main issues facing racing and the most serious threats to racing throughout the state. They are also of great consequence to Saratoga Springs. Concern was raised if casino gambling should be limited to the Catskills or expanded to a broader resolution to oppose any form of casino gambling in New York; most notably in Suffolk County. He drafted 2 resolutions; depending upon which the Council prefers, he will continue to read the resolution of choice into the record. He asked the Council if they have a concern regarding Suffolk County. Commissioner Ivins stated he likes the idea of including Suffolk County. If it affects Aqueduct it will affect us. Mayor Johnson stated the Catskill casino would have an affect on the Aqueduct VLT operation because of its proximity. Commissioner Scirocco stated he likes having the VLT money listed in the resolution. He would support the resolution the way it is. Commissioner Wirth stated racing is important for the City and the County. The Council should rally behind it. Letters to the governor would be appropriate to assist. He feels the resolution is appropriate as is. Mayor Johnson confirmed without revision. Commissioner Wirth stated he doesn’t believe adding Suffolk County would have any affect. Commissioner Franck stated he is ok with the revisions to include Suffolk County. He feels they should take another trip to Albany with the supervisors. Not only should the Council send a resolution, they should also back it up with a meeting. Mayor Johnson stated his concern with including Suffolk County is there is uncertainty with that proposal and it is not moving forward in the same fashion as the Catskill proposal is moving. We do know the Seneca Nation of Indians came out against the proposal of allowing casino gambling in the Catskills. Until he knows more about what is happening in Suffolk County he would suggest staying with the original resolution presented. Commissioner Ivins stated he likes the second version but he would be comfortable going either way. Mayor Johnson suggested going with the original version and modifying the resolution at a later date if necessary. Page 5 of 15 City Council Meeting 1/4/11 Supervisor Yepsen stated they passed a resolution at the County but did not include Suffolk County. Suffolk County and the Catskill casino are going to have an affect on Genting. If you don’t include Suffolk County now, she suggested looking at a follow up resolution that would put it all together. Mayor Johnson stated there should be some kind of cooperation between the County and the City to have a unified message. Commissioner Scirocco stated he is comfortable with the original resolution and is willing to amend it in the future if necessary. Mayor Johnson read the following resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John P. Franck Commissioner Kenneth Ivins, Jr. Commissioner Anthony Scirocco Commissioner Richard Wirth WHEREAS, the current fiscal survival of horseracing in New York State hangs precipitously in the balance due to inaction at the State level, by the majority of our elected officials continuing to ignore the urgent and critical need for remedial measures to preserve the racing industry statewide; and WHEREAS, since its inception in 1865, the Saratoga Race Course has been the centerpiece and envied jewel of New York racing across the country and beyond, boasting the most consistent and premiere quality, daily attendance figures, purses and betting handles, to the mutual benefit of industry leaders, owners, trainers, breeders and fans alike; and WHEREAS, the City of Saratoga Springs has a long tradition as a vibrant tourist destination for many reasons, both historically and aesthetically, but undoubtedly in largest measure as host and producer of the very best of racing in the country, with racing as the core of our identity; and WHEREAS, the fiscal impact of racing at Saratoga alone has been measured, in 2006 dollars, to exceed $200 million each and every year in revenue realized in the surrounding nine county region, with over 3,000 jobs created and maintained, the loss of which would be devastating to both our City and regional economies; and WHEREAS, the very economic survival and future of our City is threatened by the current delays and pattern of neglect of pivotal racing industry issues at the State level, including the inequitable loss of Video Lottery Terminals (VLT) host community revenue since 2009, the only recently rectified delay of over 8 years in the award of VLT gaming rights at Aqueduct, the recent closure of New York City Off-Track Betting Corporation (NYCOTB) and the failure of the State Legislature and Governor to take immediate corrective action to prevent the extreme financial impact to the entire industry, and lastly, but not least, to improperly advance and promote full casino gambling operation in the Catskills by a non-resident Indian tribe, all of the foregoing to the extreme financial detriment of New York racing and, accordingly, to our City’s future; and WHEREAS, prior to the New York State 2009 Budget, our City received VLT host community revenue from the State every year since 2004, when VLT gaming commenced here, which revenue was also included in our annual City budgets, to last reach a sum in 2008 of $3.32 million, or ten percent of our annual operational budget, to compensate for inherent public safety and infrastructure costs as a host community; and WHEREAS, the entire elimination of VLT host community revenue by the State seriously questions the wisdom of essentially penalizing a host community for successfully producing revenue to New York State for each successive year of VLT operations, which revenue in 2009 from Saratoga alone resulted in payments to the State of more than $78 million and consistently increasing annually; and WHEREAS, our City continues to bear the burden of all costs associated with hosting a VLT gaming facility, and the loss of such revenue from the State has resulted in a budget deficient that required a property tax increase to the detriment of all City taxpayers; and WHEREAS, much needed and overdue capital improvements, currently estimated to exceed $100 million, have been identified by New York Racing Association (NYRA) and its consultants for our historic Saratoga Race Course, but would only be financed by the anticipated revenue to NYRA from VLT operations now under construction at Aqueduct unless that revenue is further impaired; and WHEREAS, the recent closure and cessation of all operations of NYCOTB has resulted in yet another in a long series of financial obstacles to New York racing, particularly the loss of wagering handle and financial losses to NYRA as a major creditor of NYCOTB, with the economy of our City wholly dependent upon NYRA’s success both here locally and statewide; and WHEREAS, to date, the failure of the State Legislature and Governor to take any remedial action to eliminate or at least minimize the fiscal impact of NYCOTB’s closure, on either a short term or long term basis, cannot be justified under any context or by unduly politicizing the issues when contrasted to the undeniable damage to all of New York racing; and Page 6 of 15 City Council Meeting 1/4/11 WHEREAS, the very success of the VLT gaming operation at Aqueduct and other VLT locations statewide is seriously threatened by the current promotion and prior State approval of a full casino gambling operation by a non-resident Indian tribe in the Catskills, in essence competing for the very same dollar from the gambling patron now at our racetracks and VLT venues, without due consideration of the change in circumstances to New York racing since initial approval of such casino gambling more than 8 years ago, without due consideration of the diminished profitability of the Aqueduct VLT operation when forced to compete with a Catskill casino, without due consideration of the loss of some or all of estimated $1 million per day of revenue the State would now receive from the Aqueduct VLT operation, and without due consideration of what is simply a bad business plan for all New York State taxpayers to be adversely affected; and WHEREAS, on behalf of all Saratogians, today we stand united to demonstrate our cooperative effort as the most effective method of fighting for our fair share, our future prosperity and the very survival of racing as we know it today; NOW, THEREFORE, BE IT RESOLVED that we, on behalf of the City of Saratoga Springs, respectfully demand the following: 1. That legislation be passed by both Houses of the State Legislature to restore to the City of Saratoga Springs, and guarantee into the future, the VLT host community revenue, under the standards and formula previously in effect; and 2. That the State Legislature immediately address the critical issue of the NYCOTB closure as among its first order of business when sessions reconvene this month, and without further delay agree on a viable solution, both short term and long term, to not further damage the current status and future of New York racing; and 3. That the State Legislature recognize the detrimental effect of the current proposal for casino gambling in the Catskills, as a serious threat to the success of the VLT operations statewide and, in turn, to the viability of the New York racing industry that is now critically dependant on such VLT revenue; and 4. That a copy of this Resolution be forwarded to the Governor of the State of New York, the Majority Leader of the New York State Senate, the Speaker of the New York State Assembly, all members of the New York State Legislature, the Saratoga County Clerk, and the County Clerks of other VLT host municipalities. Mayor Johnson moved and Commissioner Ivins seconded to adopt the resolution as read. Ayes - All Discussion and Vote: Golf World Clinic at Recreation Center (11-02) Kathy Lanfear of the Recreation Department stated the fees for the program will be $70 for residents, $90 for non-city residents, and $35 for seniors. This is a 5 week program with a cost of $400 and will have a minimum number of participants. Mayor Johnson confirmed if enough people don’t sign up, this program will be cancelled. Kathy advised that is correct. Mayor Johnson moved and Commissioner Scirocco seconded to approve as described. Ayes - All Discussion and Vote: Temporary Recreation Director (11-03) Mayor Johnson stated Linda Terricola retired with the early retirement incentive offered. Linda has agreed to come back at a very reduced fee of $16 per hour as long as the need is there. This will allow the Recreation Department to continue to move forward without sacrificing the needed management in that facility. They worked with Civil Service and the Recreation Commission has approved this be done. Commissioner Ivins stated they did talk about this position being part time so that it didn’t incur any benefits. Mayor Johnson stated that is the case. It is not permanent but a temporary position. The position will cap out due to the retirement restrictions will not allow her to earn over a certain amount; $30,000. They hope not to reach that figure. They propose to have Linda start this Thursday and not to go longer than 6 months. Page 7 of 15 City Council Meeting 1/4/11 Mayor Johnson moved and Commissioner Wirth seconded to approve the position as described. Ayes - all Set Public Hearing: Set Additional Public Hearing for January 18, 2011: Amendments to Zoning Ordinance and Subdivision Regulations to Delete Existing Fee Schedules and Authorize the Establishment of Fees by Resolution Mayor Johnson set a public hearing for January 18, 2011 at 6:55 p.m. Set Public Hearing: Set Additional Public Hearing for January 18, 2011: 2011 Fee Schedule for Zoning, Planning, and Building Fees Mayor Johnson set a public hearing for January 18, 2011 at 6:50 p.m. He stated this is for the adoption of the actual fee schedule proposed. Discussion and Vote: Motion to Refer Fee Schedule Zoning Amendments to City Planning Board and Saratoga County Planning Board for Advisory Opinions (11-04) Mayor Johnson stated this is the first major review of fees and the Zoning Ordinance since 2003. The CPI has increased approximately 18.5% since that time. This has been long overdue in review. They did a comparison of other municipalities to be sure they were not excessive in any of their fees. They reviewed the fees of Albany, Colonie, Schenectady, Poughkeepsie, Ithaca, Auburn, Elmira, Kingston, and Plattsburgh. There were also some services that they were never compensated for in the past and should have been. Mayor Johnson moved and Commissioner Wirth seconded to send the proposed amendments to the City and County Planning Boards for their advisory opinions. Ayes - All Discussion and Vote: Accept Sculpture Donation from the Saratoga Arts Council for the City Center (11- 05) Mayor Johnson reported this sculpture is to be titled “Tempered by Memory”. The proposed rendering is available for public viewing. He has not received any objection from the public since this was announcedat the last Council meeting. Commissioner Scirocco stated he doesn’t believe they could find a better spot to put this sculpture. It will be an excellent attraction to the City. He is proud as an elected official to accept this. Mayor Johnson stated this was an effort started by the Arts Council. The City Center was hooked into the equation as the location. There is no cost to the City for any of this. The City Center has offered to perform the more routine maintain the sculpture. Commissioner Franck stated he is going to support this. He questioned if the area that was marked off after the last snow storm is the area where the base of the sculpture will go. Mark Baker, president of the City Center Authority stated the area that was marked off is the location where the sculpture will be placed. Mayor Johnson moved and Commissioner Scirocco seconded to accept the donation of the sculpture. Ayes – All Page 8 of 15 City Council Meeting 1/4/11 Mayor Johnson thanked all who have been involved one for their efforts. Discussion and Vote: Saratoga County Office for the Aging Nutrition and Transportation (11-06) Mayor Johnson stated this is an annual agreement with the Saratoga County for the Aging on nutrition and transportation. The amount for each agreement is $4,670 for the year. Mayor moved and Commissioner Wirth seconded to allow the mayor to execute the contracts on behalf of the City. Ayes - All Discussion: Pavilion Grand Parking Lot Agreement Mayor Johnson stated they are in discussion with the owner of this parking lot for the use of the lot by the City. The lot is at the corner of Lake Avenue and Pavilion Row. The lot is over 50 parking spots and recently paved and striped. The City would be responsible for the maintenance of the lot as we are not paying for the use of the lot. This will be brought back to the Council once the final agreement is worked out. Discussion: State of Negotiations with the School District Re: Recreation Fields Mayor Johnson stated they are still talking with the school district. Discussions will resume now that the holidays are over and they are confident they will come to an agreement. They are set to meet on Friday, January 14. Announcement: State of the City Address Mayor Johnson announced the State of the City Address will be January 23rd at 1 pm at the City Center. He thanked the City Center for hosting this event. ACCOUNTS DEPARTMENT Presentation: Risk and Safety Year End Report Marilyn Rivers, Risk and Safety Director presented the following information to the Council: 2010 Risk and Safety Year End Report Capital Budget Programming in 2010: 1. Fire Department Renovations: Lake Avenue Structural Issues 2. Police Department Renovations: Continuation of renovations to Holding Cell Areas 3. Recreation Center Security Installations: Installation of new fire and security systems for new Indoor Recreation Center Capital Budget Programming for 2011: 1. Facility Fire and Security: Fire and Security Systems requested for: a. Heritage Area b. Department of Public Works Garage Complex 2. Fire Department Bloodborne Pathogen Rooms for: a. Lake Avenue Fire Station b. West Avenue Fire Station 3. MUSCO Signage Initiative: Begin process to work with City Engineer and Public Safety personnel to inventory and replace signage for all public street signs throughout the City Community Programming: 1. American and National Little League Concession Stands: Assist community members in partnership with the SS School District to offer temporary concessions and plan for permanent structures that meet educational building code requirements Page 9 of 15 City Council Meeting 1/4/11 2. Saratoga Arts Council: Partner in risk programming for community events 3. Saratoga County Emergency Preparedness Committee: Participate as City’s Safety Officer in facilitating emergency preparedness measures for the community 4. Saratoga County Hazard Mitigation Plan: Completed City’s participation submission as part of the County’s Hazard Mitigation Plan for FEMA funding 5. Saratoga County Special Needs Committee: Work with Saratoga County Department of Health to develop life safety strategies for natural and manmade disasters 6. Skidmore College: Work with the College’s security staff to develop usage strategies for City owned properties and with the Science Department to facilitate the study of the City’s natural resources Contract Administration: 1. Contracts Generated: 115 2. Invitation For Bids Reviewed and Approved: 20 3. Special Events Reviewed and Approved: 93 Claims Management: 1. Property and Casualty Insurance Program: a. Insurance Program New Claims 2010: 38 Claims and Litigation b. Insurance Program New Closed Claims 2010: 10 Closed c. Property Damage Claims Monies recovered from other insurers: $22,220 2. Workers Compensation: a. New Cases: 36 new cases – a reduction of 45% from 2009 b. 207 a & c existing cases: 5 requiring legal intervention – 2 Uninsured Motorist Claims involving workers compensation issues Education & Training: 1. Bloodborne Pathogen 2. Camp Saradac 3. Cornell Roads Highway Safety Committee 4. Fleet Safety 5. NYS Right To Know 6. Red Flag Program 7. Workplace Violence Policy Development and Administration: 1. Camp Saradac Safety Manual Redraft: Re-crafted Camp Saradac Safety programming to new Indoor Recreation parameters 2. EAP Programming: Established and administer employee assistance programming for civilian and public safety personnel 3. Fleet Safety Redraft: Redrafted City’s Fleet Safety Policy in accordance with NYS DOT CDL Standards and Department of Public Works employee grievances 4. ID Card Redraft: Policy redrafted to include part-time employees, interns and volunteers 5. Proximity Card Security Administration: Established and administer proximity card access for City Hall Civilian areas and new Indoor Recreation Center 6. Red Flag Program: Assisted Finance in bringing City into compliance with Federal Trade Commission policy mandates 7. Recreation Center Usage Parameters and Agreements: Established contractual building usage parameters for the facility and its programming 8. 207 a and c Program Efficiencies: Provided new program drafts to public safety administration to improve communication and cost efficiencies in individual case parameters Insurance Program 2011:  Expiring Renewal Total Premium for 2010 was $525,658  2011 Renewal Premium is $527,828 – an increase of $2,170 resulting from an increase in property values of assets owned by City  Crime coverage has been increased: i. Increased coverage for employee dishonesty $100,000 to $500,000 ii. Increased coverage for faithful performance from $100,000 to $500,000 iii. Increased coverage for Forgery and Alteration from $50,000 to $500,000 iv. Added Computer Fraud Coverage for $500,000  Underlying and Excess Insurance Programs restructured for cost efficiency and enhanced coverage Marilyn thanked all who truly participate on the Safety Committee. Commissioner Franck advised when he came in office in 2006, the insurance premium was $900,000. The efforts of the Safety Committee and Marilyn have knocked the premiums down about $400,000. Page 10 of 15 City Council Meeting 1/4/11 Mayor Johnson commended Marilyn on her hard work. It is seen that her heart and sole is in it. Discussion and Vote: Red Flag Policy (11-07) Marilyn Rivers stated there are 2 basic corrections. One correction relates to the addition of definitions and the other is in relation to vital records. There are specific vital records criteria that supersede our policy as we are generating the information on the state form. Mayor Johnson inquired if the language on page 1 regarding the conflict of policy and New York State licensing is required as it is law. Marilyn advised the DOH asked us to include that. Commissioner Franck moved and Commissioner Ivins seconded to adopt the Red Flag policy as presented and described. Ayes - All Discussion and Vote: Ice Hockey Policy (11-08) Marilyn Rivers advised this is a new policy. She thanked Sgt. Tom Mitchell and John Kelly for their assistance with this policy. The basic pieces regarding equipment and sportsmanship were taken from the USA Hockey League. Commissioner Franck moved and Commissioner Wirth seconded to adopt the Ice Hockey Policy as presented and described. Commissioner Scirocco asked if the Recreation Commission was brought in on this. Marilyn advised they did review it and approved it. Ayes - All Discussion and Vote: Contract Administration Policy Commissioner Franck withdrew this item from his agenda. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Article 7 and 78 Matters (11-09) Commissioner Franck advised this firm has been handling our Article 7 and 78 matters relating to assessments since 2007. This is a formality to have a new agreement in effect for 2011. The terms and conditions are the same. Commissioner Franck moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Fitzgerald, Morris, Baker, and Firth for the article 7 & 78 matters as described. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Civil Service Matters (11-10) Commissioner Franck advised this firm has been handling civil service matters since 2010. This is a formality to have a new agreement in effect for 2011. The terms and conditions are the same. Page 11 of 15 City Council Meeting 1/4/11 Commissioner Franck moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Fitzgerald, Morris, Baker, and Firth for Civil Service matters as described. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Brown and Weinraub, PLLC (11-11) Commissioner Franck advised this firm has been handling the Charter Change matter. This is a formality to have a new agreement in effect for 2011. The terms and conditions are the same. Commissioner Franck moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Brown and Weinraub, PLLC for the Charter Change matter as described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, and Firth for Charter Challenge (11-12) Commissioner Franck advised this firm has been handling the Charter Change matter. This is a formality to have a new agreement in effect for 2011. The terms and conditions are the same. Commissioner Franck moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Fitzgerald, Morris, Baker and Firth for the Charter Change matter as described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Town, Ryan and Partners (11-13) Commissioner Franck advised this firm has been handling some article 7 matters. This is a formality to have a new agreement in effect for 2011. Commissioner Franck moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Towne Ryan and Partners for article 7 matters as described. Ayes - All Discussion and Vote: Senior Clerk Position (PT) (11-14) Commissioner Franck advised with the New York State retirement program put through this summer, the retirement of 3 staff members has necessitated restructuring of some of the positions within in the Accounts Department. He is replacing the last full time position with a new part time position (senior clerk) working a maximum of 20 hours per week at $15 per hour and maxing out at $15,600. Originally the line had $25,000 and it was reduced to $23,000. Now we are reducing it to $15,600. After all monies needed have been accounted for he would like to bring back to the Council to transfer the difference of the money to the mayor’s budget to enhance the human resource position. Commissioner Franck stated he has a change to the handout provided. He would like to change the positioning of a section – move the second paragraph on page 1 that states “ADD: The work involves responsibility for performing record retention duties….” to page 2 and add it to the paragraph that states Typical Work Activities. This is a friendly amendment to what was previously presented. Commissioner Franck moved and Commissioner Ivins seconded to add the senior clerk position subject to Civil Service approval at their January 20th meeting. Ayes - All Page 12 of 15 City Council Meeting 1/4/11 FINANCE DEPARTMENT Discussion and Vote: EFC Agreement (11-15) Commissioner Ivins moved and Commissioner Wirth seconded to approve the EFC closing certificate and supplemental agreement as previously distributed to the Council. Ivins stated this is what Christine Gillmett-Brown addressed with the Council yesterday. This is a refinancing initiative. We have spent all bond proceeds for the projects associated to this. The principal amount is $1.28 million is outstanding as of the closing date. The bonds will still mature in 2017. This triple A rated and the City could save approximately $64,000 with refinancing. Ayes - All Discussion and Vote: Hire Health Benefits & AP Coordinator Temporary for Training (11-16) Commissioner Ivins moved and Commissioner Wirth seconded to approve the hiring of a health benefits and accounts payable coordinator temporarily for training purposes. Commissioner Ivins stated this is for 16 hours at $35 per hour for a total of $560 plus social security. This is in his budget. Ayes - All Discussion and Vote: Accounts Department Payroll Transfers (11-17) Commissioner Ivins moved and Commissioner Franck seconded to approve the Accounts payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Finance Department Payroll Transfers (11-18) Commissioner Ivins moved and Commissioner Franck seconded to approve the Finance Department payroll transfers as previously distributed to the Council. Ayes - All Discussion: City Finances Commissioner Ivins stated he will have an updated set of figures on sales tax at the next meeting. They will be issuing a tax anticipation note to cover the retirement bills and other operating expenses in lieu of tax payments due March 1st. They have been doing this for a number of years. They are looking for $5 million dollars with a maturity date of 3/25/11. A resolution will appear on the January 18th agenda for Council approval. Also, his department has been working with other departments on open account receivables. PUBLIC WORKS DEPARTMENT Discussion: New York State Leak Detection Services Commissioner Scirocco stated in the second week of December they noticed an additional 300 gallons of water being pumped daily. They have not been able to identify the cause for pumping more water, therefore, they contacted New York Leak Detection Services to provide an assessment of where the leaks are. They were not been able to find any major leaks and suggested there are several small leaks totaling Page 13 of 15 City Council Meeting 1/4/11 83,000 gallons per day. Commissioner Scirocco will bring the invoice for New York Leak Detection Services to the next Council meeting for approval to pay. The invoice is estimated at approximately $3,600. They are in the process of talking to NYS Leak Detection Services to do a City wide analysis. Discussion: Salt and Sand Commissioner Scirocco stated the weather has cooperated allowing them to not to have the need to spend the $76,000 that they had in their budget for 2010. They will be returning this money to the 2010 budget. PUBLIC SAFETY DEPARTMENT Announcement: Neighborhood Watch Commissioner Wirth stated this program has been in place and encouraged more residents to get involved. He thanked Lt. Jillson for his dedication and asked him to provide some insight on the program. Lt. Jillson stated in 2007 he and Sgt. Tetu to initiate the revitalization of the neighborhood watch program in the City. They are there to support the groups that want to initiate the neighborhood watch program and facilitate the program for them. This is about people taking back their neighborhoods. It is all about knowing your neighbors. You can contact himself or Sgt. Tetu about the program through the website. Mayor Johnson asked if the groups incorporate special awareness for senior citizens who live alone. Lt. Jillson stated there are different residential buildings that have things in place. SUPERVISORS Joanne Yepsen County 2011 Organizational Meeting Supervisor Yepsen reported Tom Wood from the Town of Saratoga was elected as the chair for this year. One of the major priorities for this year is more technology for the County. She will continue to serve on the Racing Committee. She will also serve on the Legislative and Research Committee and Veterans. MLK Day Community Celebration Supervisor Yepsen reported she is serving on the planning committee for MLK Day celebration. It will be a whole day of volunteering at various not for profit organizations. Guardian House Location & Update Supervisor Yepsen reported the RPC board has made an offer that has been accepted for 1214 Rt. 50 in Ballston Spa. This property will provide an additional 1400 square feet. This house is in move-in condition and on the bus line. The first group of women is scheduled to move in late spring. Sustainable Saratoga 2011 Task Force Supervisor Yepsen reported their next meeting is January 24th. The committees will be formed at this time. Matthew Veitch Page 14 of 15 City Council Meeting 1/4/11 Saratoga County 2011 Organizational Meeting Supervisor Veitch reported Bill Peck from the Town of Northumberland was appointed as the person in charge of the Luther Forest Tech Park initiative. The second initiative is to include an educational component by inviting government students to get involved. The third initiative is to find out how the County can operate move efficiently. Supervisor Veitch has been appointed to chair that committee. He will be meeting with all County department heads to get a feel for their needs. This should allow the County government to be more accessible. Frank Thompson from the Town of Milton was chosen as the vice chair of the County and the chair of Law and Finance. That puts him in line to be chairman for 2012. 2011 Committee Assignments Supervisor Veitch reported he is chair of the new Technology Committee and he is also chairing the Legislative and Research Committee (he read the responsibilities of this position). He is also a member of the Law and Finance Committee, the Racing Committee, the Public Safety Committee and the Trails Committee. 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 as well as collective negotiations at 8:36 p.m. Ayes – All Council returned from executive session at 9:00 p.m. Mayor Johnson announced there was one item resolved during executive session. Commissioner Ivins moved and Commissioner Franck seconded to add an item to the agenda to authorize the mayor to sign a contract with Walsh and Walsh for bond counsel services per the bid. (11-19) Ayes – All Commissioner Ivins moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Walsh and Walsh for bond counsel services per the December 21, 2010 accepted bid. (11-20) Ayes - All 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 9:02 p.m. Respectfully submitted, Page 15 of 15 City Council Meeting 1/4/11 Lisa Ribis Clerk Approved: 1/18/11 Vote: 5 - 0 Page 16 of 15