City Council

February 1, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Reserve Update 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 1/18/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 1/21/11 $402,882.06 5. Approve Payroll 1/28/11 $575,153.64 6. Approve Warrant 2010 Mid 10MWDEC5 $9,861.95 7. Approve Warrant 2010 Regular 10DEC5 $178,713.63 8. Approve Warrant 2011 Mid 11MWJAN2 $3,267,964.52 9. Approve Warrant 2011 Regular 11FEB1 $698,324.70 10. Commissioner of Deeds Effective 2/3/11 MAYOR’S DEPARTMENT 1. Set Public Hearing: Amend the 2011 Capital Budget 2. Discussion: Pavillion Parking Lot Agreement 3. Discussion and Vote: Donations for the State of the City ACCOUNTS DEPARTMENT 1. Set Public Hearing: PUD Zoning Amendment for Saratoga Hospital 2. Set Public Hearing: Zoning Amendment for Saratoga Hospital and Saratoga Golf and Polo Club 3. Discussion and Vote: Zoning Amendment for Saratoga Hospital and Saratoga Golf and Polo Club - Refer to County Planning Board 4. Discussion and Vote: PUD Zoning Amendment for Saratoga Hospital – Refer to County Planning Board 5. Discussion: Lowering Bond Limit Percentage 6. Discussion and Vote: Re-Appointment of Board of Assessment Board Member City Council Meeting 2/1/11 FINANCE DEPARTMENT 1. Discussion and Vote: 2011 Tax Resolution 2. Discussion and Vote: Public Safety Payroll Transfers 3. Discussion and Vote: Public Works Payroll Transfers 4. Discussion and Vote: Recreation Payroll Transfers 5. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Set Public Hearing: Water & Sewer Rates PUBLIC SAFETY 1. Appointment: Dr. Paul Okosky as Public Health Officer for 2011 2. Discussion and Vote: Impact 2011 Annual Grant 3. Discussion and Vote: Authorization for Mayor to Sign NIMS 2011 Agreement SUPERVISORS Joanne Yepsen 1. County Public Health Announcements 2. Board of Supervisors’ February Calendar 3. Governor’s Proposed Budget 4. New York Breeders Program Matthew Veitch 1. Technology Committee 2. Public Safety Sub Committee 3. NYSAC Legislative Conference ADJOURN Page 2 of 10 City Council Meeting 2/1/11 February 1, 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 Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney EXCUSED: 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. CALL TO ORDER Mayor Johnson called the meeting to order at 7:01 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:02 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. Page 3 of 10 City Council Meeting 2/1/11 Bonnie Sellers of 73 Fifth Avenue stated she wanted to share some of her thoughts from the Saratoga Citizens meeting last night. There was a low turn out with most of the audience being people from Saratoga Citizens. Many of the people she recognized were strong supporters of Mayor Keehn’s proposal for a strong mayor form of government. She found it odd that Pat Kane, who supported Keehn’s proposal and worked to get that passed is now selling the city manager form of government. The financial section was short and looked at a dozen jobs on the top end. They did not look at the entire list of employees in City Hall. They had no intentions of doing a budget and the true cost of jobs was vague. She is still waiting to see their expense report which is past due to the board of elections. Remijia Foy of 95 Oak Street stated on behalf of SUCCESS she wanted to thank the mayor and commissioners for their support of our present charter and system of government. SUCCESS supported the recent litigation in Supreme Court regarding the petition process of Saratoga Citizens. An ad-hoc committee can be both disruptive and detrimental when attempting to “willy-nilly” propose a radical change to an entire system of government. They would support further legal action in the form of an appeal. As a former council member and life long Saratogian, it is her observation that this charter change group has been reckless, radical and self indulgent. They have used buzz words like dysfunctional to describe the operation of City Hall with no solid example is an attempt to discredit the commission system. Also, using words like professionalism, efficiency, and transparency to describe their proposed city manager system is nothing more than a disguise for the personal ambition fueling the attempt to gain power and control in our City. Pat Kane of 19 Marion Place stated Saratoga Citizens would welcome any opportunity to sit down and review anything they would like. Mayor Johnson closed the public comment period at 7:11 p.m. PRESENTATIONS Reserve Update Commissioner Ivins introduced Christine Gillmett-Brown, Director of Finance. Christine advised she prepared a handout for the Council listing the reserves by account name, balance, designation, and a description of types of improvements or payments that can be made out of those reserves. There is approximately $1.5 million in reserves. The most commonly asked about reserve is the building reserve with only $108,000 remaining in that. The largest reserve is the Weibel Avenue Public Works facility. There is a sample resolution that will need to be filled out if you do desire to use a reserve. Once a reserve is created, it is reserved. It has to be used for the intent it was created for. Mayor Johnson asked how much the funds are increasing on an annual basis. The parking structure fund has over $330,000; what is the history of that. Christine stated when Mike Lenz was commissioner of finance, there was a sale of public land through foreclosure proceeding and the net amount of revenue the City received from that sale was placed in a parking structure reserve. Commissioner McCabe repeated that; nothing else has been placed in that reserve since then. Mayor Johnson stated based upon that answer, the one with most change on a year to year basis is the Weibel Avenue structure. Christine stated that is correct. Commissioner Ivins asked Christine to talk about the unreserved/unappropriated balance versus the reserve. Page 4 of 10 City Council Meeting 2/1/11 Christine explained when they close their books at the end of the year and see if they have a surplus or deficit; they determine what their fund balance is. The fund balance can be unreserved/unappropriated meaning the Council can use that money anyway they wish; it is not earmarked for anything in particular. The Council could also decide to allow these monies to accumulate for future needs. Reserves are money a Council sets aside for a certain purpose and can be used when deemed necessary for that purpose. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 1/18/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 1/21/11 $402,882.06 5. Approve Payroll 1/28/11 $575,153.64 6. Approve Warrant 2010 Mid 10MWDEC5 $9,861.95 7. Approve Warrant 2010 Regular 10DEC5 $178,713.63 8. Approve Warrant 2011 Mid 11MWJAN2 $3,267,964.52 9. Approve Warrant 2011 Regular 11FEB1 $698,324.70 10. Commissioner of Deeds Effective 2/3/11 Commissioner Ivins stated the payroll for January 28th is larger than normal due to the amount of payment for clothing allowance, EMT incentive, education incentive, health insurance opt-out lump sum payments, and for DPW overtime. Ayes – All MAYOR’S DEPARTMENT Set Public Hearing: Amend the 2011 Capital Budget Mayor Johnson set the public hearing for 6:50 p.m. on February 15, 2011. Mayor Johnson explained there were two items that prompted this amendment. One was the need to replace a fire truck which was not planned by the Capital Budget Committee. The cost of the fire truck is $305,000. The second item relates to the remedial work which is part of the DEC consent order. The amount of this is $183,200. They were able to go back to some projects and eliminate money from them to move to these items. They are proposing to increase the bonded amount by $100,200. He thanked the Capital Budget Committee for finding the money. Discussion: Pavillion Parking Lot Agreement Mayor Johnson stated this is the parcel at the corner of Lake Avenue and Pavillion Row. There are some issues, such as indemnity and hold harmless, that have developed between the City and the lot owner that must be worked out before the City can assume use of the lot. This is being worked on with the city attorney and risk and safety. Discussion and Vote: Donations for the State of the City (11-38) Mayor Johnson moved and Commissioner Wirth seconded to accept the donations for the state of the City address as follows: Crystal Rock Water and Coffee, The Holiday Inn, Panzas Restaurant, The Hilton Hotel, and Longfellows Restaurant. Page 5 of 10 City Council Meeting 2/1/11 Mayor Johnson thanked all of them for their contributions. Ayes - All ACCOUNTS DEPARTMENT Set Public Hearing: PUD Zoning Amendment for Saratoga Hospital Commissioner Franck set a public hearing for 6:55 p.m. on March 1, 2011. Set Public Hearing: Zoning Amendment for Saratoga Hospital and Saratoga Golf and Polo Club Commissioner Franck set a public hearing for 6:50 p.m. on March 1, 2011. Discussion and Vote: Zoning Amendment for Saratoga Hospital and Saratoga Golf and Polo Club - Refer to County Planning Board (11-39) Commissioner Franck stated at the January 18, 2011 City Council meeting, the Council voted in favor of referring the zoning amendment for Saratoga Hospital and Saratoga Golf and Polo Club to the City Planning Board for an advisory opinion. The City Planning Board issued a favorable advisory opinion by a vote of 5 – 0. They also indicated the following must occur prior to City Council action:  A public hearing – which we just set  Referral to the Saratoga County Planning Board for review  City Council compliance with SEQRA including an evaluation of SEQRA Short Form Part II. The applicant has submitted Part I of the SEQRA Short Form with the application. Commissioner Franck moved and Commissioner Ivins seconded to refer the zoning amendment for Saratoga Hospital and Saratoga Golf & Polo Club to the County Planning Board. Ayes - All Discussion and Vote: PUD Zoning Amendment for Saratoga Hospital – Refer to County Planning Board (11-40) Commissioner Franck stated at the January 18, 2011 City Council meeting, the Council voted in favor of referring the zoning amendment for Saratoga Hospital and Saratoga Golf and Polo Club to the City Planning Board for an advisory opinion. The City Planning Board issued a favorable advisory opinion by a vote of 5 – 0. They also indicated the following must occur prior to City Council action:  A public hearing – which we just set  Referral to the Saratoga County Planning Board for review  City Council compliance with SEQRA including an evaluation of SEQRA Long Form Part II. The applicant has submitted Part I of the SEQRA Long Form with the application. Commissioner Franck moved and Commissioner Ivins seconded to refer the PUD zoning amendment for Saratoga Hospital to the County Planning Board. Ayes – All Discussion: Lowering Bond Limit Percentage Commissioner Franck stated he would like to re-visit the City’s bond limit percentage. In August, 2006, the Council voted 4 – 1 to increase the bond limit from 1% to 2%; he was the dissenting vote. Under the City Charter, the Council is able to place a limitation on the local indebtedness. We can go anywhere from 1 – 7%. His understanding is that since we are a city of under 100,000, it is up to the City Council to decide to percentage limit. He would like to do some research on this with the city attorney and the Council. We are Page 6 of 10 City Council Meeting 2/1/11 currently at 2% so we are able to borrow about $48 million dollars. If we went to 1%, which is what he is proposing, we would be able to borrow around $11 million dollars; which is enough money. He read excerpts from the August, 2006 minutes which showed he was opposed to the bond limit increase back then. He asked the Council if they had any opinions at this time. Commissioner Ivins stated he supports lowering it but he is not sure what the percentage should be. Commissioner Franck stated he would check on whether we are able to do half or quarter percent versus having to do a whole percent. Mayor Johnson stated he also will be supporting this. He had concerns when he took office about the budgetary approach. He was alarmed that just by adoption of a local law the City would be able to increase the percentage. He would support the voters having a say and not just the Council. This Council has been taking a step in the right direction. Commissioner Scirocco stated he would support it. This would allow any Council to review the situation before it puts the City in any more debt. Commissioner Ivins stated another piece that comes into play is property value. Sewer and water projects are excluded from the bond projects. Commissioner Franck stated a 5 year average is taken to avoid the peaks and the valleys. Discussion and Vote: Re-Appointment of Board of Assessment Board Member (11-41) Commissioner Franck stated he would like to re-appoint Dave Morency. David was originally appointed in 2006 to fill in for another member who left before their term was completed. This is a 5 year term. Commissioner Franck moved and Commissioner Wirth seconded to re-appoint Dave Morency. Ayes - All FINANCE DEPARTMENT Discussion and Vote: 2011 Tax Resolution (11-42) Commissioner Ivins moved and Mayor Johnson seconded to approve the 2011 tax resolution as previously distributed to the Council. Commissioner Ivins stated this is an annual item. The resolution is as follows: February 1, 2011 RESOLVED, that the City of Saratoga Springs, New York on this 1st day of February, 2011 at 7:00 P.M. adopt and confirm the 2011 Tax Roll carrying a levy on the outside district of $10,121,455,77 for the City and $4,798,534.41 for the County; total Inside District levy $14,919,980.18. Levy on the Outside District of $8,336,607.26 for the City and $3,983,876.99 for the County; total Outside District levy of $12,320,484.25 making a total tax levy of $$27,240,464.43 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rates per one thousand dollars of assessed valuation. INSIDE DISTRICT RATES City $6.0640 County $2.862218 OUTSIDE DISTRICT RATES City $6.0078 County $2.862218 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the relevy of the 2010 Utility Tax in the amount of $443,207.61. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2011 Saratoga Lake Special Improvement Tax for the Saratoga Lake Special Improvement District in the amount of $95,419.27. Page 7 of 10 City Council Meeting 2/1/11 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2011 Special Assessment Tax for the Saratoga Springs Special Assessment District in the amount of $84,838.02. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2011 West Ave. Special District tax for the Saratoga Springs West Ave Special District in the amount of $30,275.53. FURHTER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2011 Gilbert Road Water District Tax for the Saratoga Springs Gilbert Rd. Water District in the amount of $19,477.56. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2011 Gilbert Road II Water District Tax for the Saratoga Springs Gilbert Rd. II Water District in the amount of $3,015.00. Ayes - All Discussion and Vote: Public Safety Payroll Transfers (11-43) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Public Safety payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Public Works Payroll Transfers (11-44) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Public Works payroll transfers as previously distributed to the Council. Ayes – All Discussion and Vote: Recreation Payroll Transfers (11-45) Commissioner Ivins moved and Mayor Johnson seconded to approve the Recreation payroll transfers as previously distributed to the Council. Mayor Johnson stated these are cost neutral transfers within his budget. Ayes – All Discussion: City Finances Commissioner Ivins stated the NYS Senate approved the governor’s property tax cap bill yesterday. The governor has a mandate relief redesign team of which NYCOM has 2 members on this team. They are scheduled to meet March 1st. Proposed AIM funding reduction means a reduction for us of $33,668 from the 2010 amount. Proposed CHIPS funding is at the same level as 2010. PUBLIC WORKS DEPARTMENT Set Public Hearing: Water & Sewer Rates Commissioner Scirocco set a public hearing for 6:40 p.m. on February 15, 2011. ** Commissioner Scirocco stated the DPW crews will go out around 3 a.m. There is a snow emergency in effect as of 9 p.m. tonight until Monday, February 7th. PUBLIC SAFETY DEPARTMENT Appointment: Dr. Paul Okosky as Public Health Officer for 2011 Page 8 of 10 City Council Meeting 2/1/11 Commissioner Wirth stated according to the Charter, the commissioner of public safety is responsible to appoint a health officer. Dr. Paul Okosky has faithfully performed these duties for the City for the past 22 years. He re-appointed Dr. Okosky as the City’s Public Health Officer. Discussion and Vote: Impact 2011 Annual Grant (11-46) Commissioner Wirth advised this program provides funding for inter-agency initiatives that target drug crimes. This is the third and last year of this program with an award of $40,000 with a matching contribution of $10,000 from the budget. This grant reimburses Saratoga Police Department for personnel costs incurred to assign police officers to street level enforcement details over and above the required staffing levels for routine and adequate police coverage. The 2011 Impact Grant will be focused on heroin related investigations in response to a significant increase in heroin over the past 3 years. Commissioner Wirth moved and Commissioner Scirocco seconded to grant the mayor permission to accept the funds associated with the impact grant for 2011. Ayes - All Discussion and Vote: Authorization for Mayor to Sign NIMS 2011 Agreement (11-47) Commissioner Wirth advised the Charter states the Department of Public Safety is responsible to have emergency plans in place for the City of Saratoga Springs. It is time for the review and update of these plans. This agreement will grant the City of Saratoga Springs access to the system which will assist public safety in the review and update of our current plans. Commissioner Wirth moved and Commissioner Franck seconded to authorize the mayor to establish the NIMS as the City standard. Deputy Frank Dudla advised this plan is a boiler plate the City can use at no cost. We will be able to contact other communities to work them. Ayes - All SUPERVISORS Joanne Yepsen County Public Health Announcements Supervisor Yepsen reported Saratoga County Public Health Department is offering two free flu shot clinics. Rabies clinics will also be held at no charge. Board of Supervisors’ February Calendar Supervisor Yepsen reminded the public that all their meetings are open to the public. She will be posting the meeting times for all County meetings. Governor’s Proposed Budget Supervisor Yepsen reported the governor presented a $132.9 billion dollar budget today without borrowing or raising taxes. He stated 10% of the general fund will be reduced. She pointed out the following as things Saratoga County and the City of Saratoga Springs should watch out for: restructuring of Medicaid, recommendations for spending in government efficiencies, AIM funds being reduced, etc. New York Breeders Program Page 9 of 10 City Council Meeting 2/1/11 Supervisor Yepsen reported money owed to breeders from 2009 will be recovered. NYRA has offered to forego some payments so the breeders can receive it. Matthew Veitch Technology Committee Supervisor Veitch stated this committee’s first meeting was held January 19th. Internet data ports in the committee room, better e-mail, payroll system updates, data preservation, etc. were things discussed at this meeting. They will also be taking inventory of the personal computers they have and their age. Public Safety Sub Committee Supervisor Veitch stated they visited the West Avenue Fire Station to see what they will need there. They looked in the hazmat trailer and found there was some roof damage. The County will be taking care of that repair. He hopes to have approval for the building of a storage area at that location soon. NYSAC Legislative Conference Supervisor Veitch stated he was appointed to the Economic Development Environment and Rural Affairs Committee. They review resolutions and policies for their statewide impact. They have 2 resolutions; one is calling upon the governor and legislature to partner with counties to rebuild New York’s economy and reduce the cost to do business in New York State and the second is calling upon the governor and legislature to recognize the importance of agriculture to New York’s economy and support initiatives that will help New York farmer remain economically viable. 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, litigation involving the Saratoga Citizens group, and the consent order with the DEC at 8:12 p.m. Ayes – All Council returned from executive session at 9:04 p.m. Mayor Johnson stated nothing was resolved in executive session to report to the public. 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 9:05 p.m. Respectfully submitted, Page 10 of 10 City Council Meeting 2/1/11 Lisa Ribis Clerk Approved: 2/15/11 Vote: 5 - 0 Page 11 of 10