City Council

February 15, 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) 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 2/1/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 2/11/11 $377,508.18 5. Approve Payroll 2/4/11 $395,239.44 6. Approve Warrant 2010 Mid 10MWDEC6 $270.44 7. Approve Warrant 2010 Regular 10DEC6 $184,700.51 8. Approve Warrant 2011 Mid 11MWFEB1 $2,998.60 9. Approve Warrant 2011 Mid 11MWFEB2 $184,319.19 10. Approve Warrant 2011 Regular 11FEB2 $267,516.57 MAYOR’S DEPARTMENT 1. Discussion and Vote: Defer Lead Agency on Lillian’s Parking Lot 2. Discussion and Vote: Marriage Officer Resolution 3. Appointment: Recreation Commission 4. Appointment: Planning Board 5. Discussion and Vote: Amend the Capital Program 6. Discussion and Vote: Right to Appeal from Saratoga Citizen vs. the City of Saratoga Springs Court Decision ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Colwell Computers 2. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s Wine and Liquor 3. Award of Bid: Flowers and Miscellaneous Supplies to Dehn’s Flowers, Inc. 4. Award of Bid: Railroad Place Traffic Signal Replacement to Stilsing Electric 5. Award of Bid: Award of Bid: Tire Repair and Service to Adirondack Tire City Council Meeting 2/15/11 FINANCE DEPARTMENT 1. Discussion and Vote: Capital Budget Amendment and Transfers 2. Discussion and Vote: 2011 Bond Resolution 3. Discussion and Vote: Department of Public Safety Payroll Transfers 4. Discussion: Open Accounts Receivable 5. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign CO#1 - Eastern Building – Visitor Center 2. Discussion and Vote: Authorization for Mayor to Sign CO#1 – Moisture Barriers – City Hall Roof 3. Discussion and Vote: Authorization for Mayor to Sign CO#7 – Church Street – DelSignore 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Casella Transportation 5. Set Public Hearing : Water & Sewer Rates PUBLIC SAFETY 1. Discussion and Vote: Extend Maintenance Agreement with Fire Apparatus 2. Discussion and Vote: Permission to Pay Voucher to B Lann Equipment 3. Discussion and Vote: Authorization for Mayor to Sign MOU with Navy SUPERVISORS Joanne Yepsen 1. Veteran’s Committee 2. Racing Committee 3. Pro-Act Savings to Saratoga County Residents 4. Legislative Issues & NYSAC Conference 5. Proposed Federal Cuts Impact on Saratoga Springs 6. Sustainable Saratoga Matthew Veitch 1. Legislative and Research Committee 2. NYS Senate Racing & Wagering Committee 3. Public Safety Committee 4. Law & Finance Committee ADJOURN Page 2 of 14 City Council Meeting 2/15/11 February 15, 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 Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARING Amend Capital Budget Mayor Jonson opened the public hearing at 7:52 p.m. Al Callucci of 9 Lexington Road stated he was originally concerned about the $208,000 taken out of the Casino line. He learned there will be money from prior years to replace this amount so that the Canfield Casino will not be in jeopardy. Mayor Johnson stated there are funds left over from prior years so there will be more than $90,000+ for the Casino. Page 3 of 14 City Council Meeting 2/15/11 Mayor Johnson closed the public hearing at 7:01 p.m. 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. Rose Tate of Lincoln Ave stated she has lived in Saratoga over 50 yrs. She is in favor of the City Council appealing the judge’s decision and of the mayor appointing a committee. She feels the City commission form of government is wonderful. She can call any one of them and get an answer. She doesn’t like the idea of putting all her eggs in one basket with a managerial form of government and likes to be able to vote on the Council every 2 years. Peter Tulin of 40 Sarazen Street stated he is here to speak to item #6 on the mayor’s agenda. It is just good legal practice to file a notice of appeal. A notice of appeal is not an intent to appeal. The last attempt of change to the Charter was a strong mayor form of government; this time it is a manager form of government. He asked the Council to give Mayor Johnson the opportunity to file a notice of appeal. Doug Howler of 4 St. Jude Court stated he is the administrative director of the Dance Flurry Festival. He is here to thank the City for all their support over the years. They came to Saratoga by accident due to a leak in the roof where they used to meet in Guilderland and stayed here. They expect over 5,000 people to attend. They are worried about parking; therefore they have been in touch with public works and public safety. He provided program books about the Dance Flurry to the Council. Phil Diamond of 29 Waterview Drive stated he is not here to argue what is the best form of government. He is here to say this proposed Charter change, if adopted, would be like recruiting and deciding to hire a president. This would be counter-productive to good government. He asked the Council to vote to file an appeal. He asked the mayor to appoint a committee to review the Charter and make recommendations over a period of a year. Al Callucci of 9 Lexington Road stated in regards to item #6 on the mayor’s agenda, he suggests the Council support the appeal. He feels this has a statewide effect as well. It could create unnecessary litigation. He supports a mayoral commission. Barb Trypaluk of 211 Circular Street stated she signed the petition along with over 2,000 others calling for a change in the government. It is the Council’s responsibility to listen to the people. This is still a democracy and asked they don’t appeal the judge’s decision. Rick Thompson of 26 Frederick Drive stated it is a good thing New York allows citizens to have a say in their government. They have met monthly for over 3 years. The people who spoke tonight stating they are for the commission form of government never attended any of those meetings. They had 2300 signatures to get this on the ballot and the City turned down the petitions. The judge voted and now the City wants to pursue legal means to again deny citizens the right to exercise their vote. It would be foolish to appoint a commission because of the expense and timeframe would mess up the election cycles. We should Page 4 of 14 City Council Meeting 2/15/11 continue with the course they are going and put it on the ballot and let the citizens decide if they wan to change the form of government. Kyle York of 59 Railroad Place stated it will be good to see the Council openly and thoroughly discuss this item. He hopes the tax payers gets a full accounting of what the City already spent in legal fees. Tonight’s discussion may shine a little light on bills that might have been overlooked. Perhaps the Council may decide upon a new legal firm that may take our money and deliver legal wisdom that is at least equal to our mayor’s. Margie Vanmeter of 175 Washington Street stated she was surprised at the poor service the law firm gave the City. She read the municipal law section and understood that when proposing a change to city government, there would be no requirement for a fiscal note. The lawyers should have told the City Council that this was a weak argument. Saratoga Citizens were able to convince the judge that there was no fraud in the signatures. Bonnie Sellers of 73 Fifth Avenue stated here the chair of Saratoga Citizens is selling the costly City manager form of government. The Saratoga taxpayers will not be able to elect the City Assessor and will lose a vital check and balance they now have. Saratogians will loose their right to vote for their top level leaders. All department heads will be hired hands and removed from the public oversight. The city manager form of government will have less democracy and more bureaucracy. Saratoga Citizen is out of touch with the involved democracy the Saratogians enjoy under the current form of government. She supports the appeal and the official charter change review from our mayor. Pat Kane of 19 Marion Place stated he is here again to talk about what they’ve been doing for the last 3 years. Enough is enough. We need to look at how we are going to spend our taxpayer dollars. By prolonging this discussion it exacerbates a potential problem we might have in November. The court has recognized your concerns and has removed any issues the Council might have going forward. Now we have to look at how we remedy this very legitimate, legal opportunity the citizens undertook 3 years ago. He believes this has been an honest and open opportunity. Taxpayers need to vote on this. If you choose to appeal it, what does it do for us as citizens? The time is now, we need to take the high road and move on. He would like to encourage a spring election. Denying people to right to vote at this late date is wrong. Remijia Foy of 95 Oak Street stated it is in the public’s interest that SUCCESS re-iterate the fact that the only legally constituted charter revision commission can only be appointed by the mayor. Let’s not forget the Saratoga Citizen is direct spin off from the Move Saratoga Forward group who charter change proposal was defeated in 2006. The leadership is the same, their goal is the same – control of our City by whatever means is possible. Shouldn’t the public question why the leaders of this group appointed themselves as the transition teams charged with making all the critical decisions regarding jobs, salaries and the City budget. Why have they ignored the long range impact on local taxes and the transition cost? Why would they deny the electorate the right to vote directly for the person charged with all city affairs? These are some of the reasons why SUCCESS adopted the following resolution: Whereas, the City of Saratoga Springs was denied an evidentiary hearing in the matter of the Supreme Court decision that validated Charter Change group, Saratoga Citizen, ballot petitions, and Whereas, title 3 item F of the City Charter invests the mayor with the power to appoint a charter review commission every ten years, and Whereas, SUCCESS believes it to be in the City’s best interest to both pursue and appeal and have the mayor appoint a legally constituted charter review commission and supports these actions, Therefore be it resolved, that the City Council take immediate action to appeal the court decision denying the City an evidentiary hearing in the matter of Saratoga Citizen’s ballot petitions and that the mayor take immediate action to appoint a qualified official City Charter review commission as required by law. Amejo Amyot of 219 Woodlawn Avenue stated she would like for the Council not to spend any more money. People have voiced every possible opinion that could be voiced. Saratoga is such a big business that she can’t imagine a business like that with a $53 million dollar budget could run without a CEO. She can’t understand why the commissioners or the mayor hasn’t attended any of the meetings. She hopes the Council will keep an open mind as officials by allowing the petition to go forward for a vote in the spring and not wait until November where it would be mixed up with electing officials. Page 5 of 14 City Council Meeting 2/15/11 Peter Martin of 101 Bryan Street stated it was almost 3 years ago that a group of citizens who were concerned about the future of the City gathered to look at the form of government the City rules itself by. This process is authorized by state statues. This group has been demonized in the blogs, insulted in several public forums, but has stayed the course to its goal to bring to the citizens the ability to vote on if they want to change the form of government. He asked the Council to let the petition come to a vote and don’t appeal the judge’s decision. Mayor Johnson closed the public comment period at 7:35 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Wirth seconded to approve the consent agenda as follows: 1. Approval of 2/1/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 2/11/11 $377,508.18 5. Approve Payroll 2/4/11 $395,239.44 6. Approve Warrant 2010 Mid 10MWDEC6 $270.44 7. Approve Warrant 2010 Regular 10DEC6 $184,700.51 8. Approve Warrant 2011 Mid 11MWFEB1 $2,998.60 9. Approve Warrant 2011 Mid 11MWFEB2 $184,319.19 10. Approve Warrant 2011 Regular 11FEB2 $267,516.57 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Defer Lead Agency on Lillian’s Parking Lot (11-49) Kate Maynard of the Planning Department explained this project is proposed by Bonacio Construction. The Planning Board is seeking lead agency status. This is a Type 1 action due to its location within the National Registry of Historic District. The City Council is an involved agency as they are the current owner of the property. The decision before the Council is to defer lead agency or if interested to also seek lead agency status. Commissioner Scirocco confirmed this is for SEQRA. Kate advised it is. Mayor Johnson moved and Commissioner Ivins seconded to defer lead agency to the City Planning Board. Ayes - All Discussion and Vote: Marriage Officer Resolution (11-48) Mayor Johnson advised the proposal is to allow two former mayors – Michael Lenz and J. Michael O’Connell to have the status of marriage officer to perform marriage ceremonies within the boundaries of the City of Saratoga Springs. Their status will expire February 3, 2015. They do not receive any compensation or wage from the City. The resolution is as follows: Page 6 of 14 City Council Meeting 2/15/11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Richard Wirth WHEREAS, Section 11-C of the Domestic Relations Law of the State of New York provides that the governing body of any village, town or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage in accordance with other provisions of law; and WHEREAS, J. Michael O’Connell and Michael A. Lenz, residents of the City and being over 18 years of age, have requested the Council to duly appoint them as marriage officers for the purpose of performing marriages in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows: 1. That this Council hereby appoints J. Michael O’Connell and Michael A. Lenz, Saratoga Springs, New York, to be marriage officers as provided in Section 11-C of the New York State Domestic Relations Law. 2. That the terms of the appointments shall expire on February 3, 2015. 3. That the appointees shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Mayor Johnson moved and Commissioner Wirth seconded to approve the resolution as described. Ayes - All Appointment: Recreation Commission Mayor Johnson stated he is pleased to announce the re-appointment of Dora Lee Stanley to the Recreation Commission. Dora has been on the commission since 1997. This is her third term; a term is for 7 years. He thanked Dora for serving in this capacity and her dedication. Appointment: Planning Board Mayor Johnson withdrew this item from his agenda. Discussion and Vote: Amend the Capital Program (11-50) Mayor Johnson stated they have been holding public hearings on this. The proposals are as follows:  $36,000 being adjusted down by $5,000 to $31,000 for the workplace violence program building repair.  Reduction from $19,000 to zero for civilian fingerprinting equipment.  Reduction of $208,475 from the $300,000 for the Casino rehabilitation project. That is not the full amount of money available for the work at the Casino.  Reduction from $175,000 to $92,000 (reduction of $83,000) for work at the DPW garage.  An addition of survey equipment for engineering of $8,475.  Reduction of $31,000 from $110,000 for the reflective sign project.  Reduction of $50,000 to zero for the purchase of a new brush truck for the Fire Department.  Addition of $183,200 for work that needs to be done and expenses paid pursuant to the consent order that the City entered into for DEC remediation.  Addition of $305,000 for the purchase of a new fire truck. Page 7 of 14 City Council Meeting 2/15/11 Mayor Johnson stated the total net increase to be bonded for these changes is $100,200. He commended the capital budget committee on doing an excellent job looking at what was previously approved and further reducing some amounts and moving some money around to only increase the amount to be bonded about $100,000. Mayor Johnson moved and Commissioner Wirth seconded to amend the Capital Program as described. Commissioner Scirocco commended the capital committee on reaching this goal. Commissioner Ivins stated needs were identified and good work was done to make this happen. Commissioner Wirth thanked the committee for their hard work and looking out for the City’s interest. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson – Aye Discussion and Vote: Right to Appeal from Saratoga Citizen vs. the City of Saratoga Springs Court Decision (11-51) Mayor Johnson stated the Council has a responsibility to decide if they will appeal the court decision. The deadline to file a notice of appeal is this Thursday, February 17th. He thought it was important for the Council to have as much time as possible to gather as many facts as possible regarding this situation and to reach a decision. Regardless of opinions, they have the responsibility as a Council to best protect the City in all respects. He can’t imagine not filing a notice of appeal in this matter. If they don’t file the notice by this Thursday, they will waive their right to ever appeal the decision. The matter before the Council comes down to the appeal being for the entire decision – his concern about the decision of the court is the denial of the City’s request to pursue an evidentiary hearing to see if the petitions were sufficient, dually executed or if there should be any concern for potential fraud in the petition process. The second issue is the absence of the fiscal note when the petition was handed in. There was nothing to indicate to the City at that point what the cost of transition would be or what the operating cost would be. The issue is what the court had in its hands when it rendered its decision. The court found there was no fiscal note required in order to have the petitions certified and placed upon the ballot. The fiscal note has an implication that goes beyond our City boarders. The value of a precedent is enormous; there is very little case law on this. The danger of not appealing the decision is a change could happen again and again. This is not denying people the right of putting something on a ballot. They have a responsibility as a Council that they believe they are doing everything that is lawful. Whether it is popular, that is another issue. His proposal is to allow the Council to file a notice of appeal by the deadline of February 17, 2011. The notice of appeal will prevent the City from waiving any of their rights to further challenge the decision. When things are not resolved, it is his opinion to keep their options open. They are not irresponsibly spending taxpayer dollars. Mayor Johnson moved and Commissioner Wirth seconded to give the mayor permission and authorization to direct outside legal counsel to file a notice of appeal by February 17, 2011 in the matter of Saratoga Citizen, Inc. vs. the City of Saratoga Springs. Commissioner Scirocco stated he grew up under the commission form of government and it works pretty good. There is no perfect form of government. It is good insurance to look at the appeal. He has worked under the City commission form of government and under the County Board of Supervisors; both worked pretty well. This will keep the option open – it is the right way to go. Commissioner Wirth stated this gives us the right to appeal and see all the options. It is a legal step. He is concerned about what the need is for the City. He comes from another type of government in the Town of Page 8 of 14 City Council Meeting 2/15/11 Hempstead. There were 800,000 people with a supervisor and 6 councilmen. This City is 30,000 people. We should have an open mind so he will be supporting this. Commissioner Ivins stated when the petitions were first presented, Commissioner Franck suggested hiring legal counsel because either way the City was going to be sued. In his opinion, the judge did not adequately address the fiscal note. In the end, Saratoga Citizens finally provided financial numbers, however he feels it should have been presented with the petitions. He does not believe it is a valid argument to say we spent unnecessary money. We will spend very little money if any to file the notice of appeal. He is not favor of appealing this however that should not be implied that he supports what is being presented. He believes there are some serious flaws in what has been presented. Commissioner Franck stated he would be happy to show the legal bills; the amount is $28,000 and change. There is no direct case law. He knew from day 1 we would be sued either way. He has problems relating to the legal fees on the other side; there is now way their attorneys would do $100,000 worth of work and only get paid $6,000. They must have some kind of guarantee of getting their fees paid. The judge did a half page about the fiscal note. We wanted to cross-exam the witnesses but we weren’t allowed to do that. It is still new law and he is guessing this will be appealed to the highest court. His concern is here in Saratoga. He is not going to vote for this because we are in mid February and the delay is not good. If a charter review commission was set up, he would probably vote for this because they would need to know this information. It is not an issue of money. Mayor Johnson stated the law allows the City Council to vote to form a commission and the mayor can form a commission. He has been thinking about a commission and weighing the option. The opinions in our community are very divided. Tonight they have a related but separate issue; notice of appeal. This issue should not be mixed with the forming of a commission. Commissioner Franck stated if the Council goes forward and forms a Council commission; all that does is create another thing to be on the ballot. The uncertainty makes him uncomfortable – that they don’t know what direction they are going in the City. Ayes – 3 Nays – 2 (Commissioner Franck and Commissioner Ivins) **** Mayor Johnson recognized and congratulated Tony Izzo on 25 years of service to the City. ACCOUNTS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Colwell Computers (11-52) Commissioner Franck advised this is an extension of a lease agreement with Colwell Computers for the parking deck sign program. Commissioner Franck moved and Commissioner Scirocco seconded to extend the lease agreement for the parking deck sign program with Colwell Computers for 1 year. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s Wine and Liquor (11-53) Commissioner Franck advised this is an extension of a lease agreement with Purdy’s Wine and Liquor for the parking deck sign program. Page 9 of 14 City Council Meeting 2/15/11 Commissioner Franck moved and Commissioner Ivins seconded to extend the lease agreement for the parking deck sign program with Purdy’s Wine and Liquor for 1 year. Ayes - All Award of Bid: Flowers and Miscellaneous Supplies to Dehn’s Flowers, Inc. (11-54) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for flowers and miscellaneous supplies to Dehn’s Flowers, Inc. for various prices. Ayes – All Award of Bid: Railroad Place Traffic Signal Replacement to Stilsing Electric (11-55) Commissioner Franck moved and Commissioner Wirth seconded to award the bid for Railroad Place traffic signal replacement to Stilsing Electric in the amount of $91,400. Ayes - All Award of Bid: Tire Repair and Service to Adirondack Tire (11-56) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for tire repair and service to Adirondack Tire for various prices. Ayes - All FINANCE DEPARTMENT Discussion and Vote: Capital Budget Amendment and Transfers (11-57) Commissioner Ivins moved and Commissioner Wirth seconded to approve the capital budget amendments and transfers as previously distributed to the Council. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson – Aye Discussion and Vote: 2011 Bond Resolution (11-58) Commissioner Ivins moved and Commissioner Franck seconded to approve the bond resolution as previously distributed to the Council. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson - Aye Discussion and Vote: Department of Public Safety Payroll Transfers (11-59) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Page 10 of 14 City Council Meeting 2/15/11 Ayes - All Discussion: Open Accounts Receivable Commissioner Ivins withdrew this item from his agenda. Discussion: City Finances Commissioner Ivins stated he hopes to have the final sales tax numbers at the next meeting. He will make a short presentation then. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign CO#1 - Eastern Building – Visitor Center (11-60) Commissioner Scirocco provided the Council and public with the history of this project. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign change order #1 with Eastern Building and Restoration in the amount of $4,579.96. Ayes - All Discussion and Vote: Authorization for Mayor to Sign CO#1 – Moisture Barriers – City Hall Roof (11-61) Commissioner Scirocco provided the Council and public with the history of this project. This change order is for a credit for 2 safety roof stanches, replacement of 2 roof hatches, inspection of City Hall addition, and credit for substitute snow guards. The net increase $4,597.30. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign change order #1 with Moisture Barriers in the amount of $4,597.30. Paul Male stated they should come in under budget unless there are any unforeseen items. Ayes - All Discussion and Vote: Authorization for Mayor to Sign CO#7 – Church Street – DelSignore (11-62) Commissioner Scirocco explained this change order reduces the federal share of the project by $180,758.00. This total change order increases the City’s share by $4,284.14. Paul Male stated the City’s share is $4,248.14 not $4,284.14. The City’s portion of the money is coming out of the money we received from the hospital. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign change order #7 with DelSignore in the amount of $4,248.14. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Casella Transportation (11-63) Commissioner Scirocco stated this is part of the DEC consent order. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign a contract with Casella Transportation in the amount of $59.75 per ton for the removal of the overage pile at the compost site. Page 11 of 14 City Council Meeting 2/15/11 Ayes - All Set Public Hearing : Water & Sewer Rates Commissioner Scirocco set a public hearing for 6:30 p.m. on March 1, 2011. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Extend Maintenance Agreement with Fire Apparatus (11-64) Commissioner Wirth stated this extension is for 1 year without any modification to pricing. Commissioner Wirth moved and Commissioner Scirocco seconded to extend the maintenance agreement with Fire Apparatus Unlimited. Ayes - All Discussion and Vote: Permission to Pay Voucher to B Lann Equipment (11-65) Commissioner Wirth stated this voucher in the amount $1,777.51. This document qualifies for a purchase order and did not receive one. It is coming out of the 2010 budget. Commissioner Wirth moved and Commissioner Franck seconded to approve payment of the voucher to B Lann Equipment. Ayes - All Discussion and Vote: Authorization for Mayor to Sign MOU with Navy (11-66) Commissioner Wirth stated this memorandum of understanding is between the Commanding Officer at the Naval Support Activity and the City of Saratoga Springs. The City does provide a service on government property. Commissioner Wirth moved and Commissioner Ivins seconded to authorize the mayor to sign the MOU with the Navy. Ayes - All SUPERVISORS Joanne Yepsen Veteran’s Committee Supervisor Yepsen reported they will have a Veteran’s Assistant Night in October at the City Center honoring our Korean War veterans. There is a new initiative called ‘Return the Favor’. The County Clerk is going to assist the Veteran’s Committee with the development a county discount program with area businesses to benefit veterans. Racing Committee Supervisor Yepsen reported they passed 2 resolutions: one was to reinstate the VLT revenues to the City and the County and the second was against the governor’s proposed surcharge on horse racing purses. They also adopted a Chamber of Commerce proposal of several racing initiatives. Page 12 of 14 City Council Meeting 2/15/11 Pro-Act Savings to Saratoga County Residents Supervisor Yepsen reported this card has been active for more than a year. The total number of claims in January 2010 was 1,705 claims and was 2,671 in January 2011. The savings in January 2010 was $47,800 and in January 2011 the savings was over $111,000. There is no cost to the taxpayers for this program. Legislative Issues & NYSAC Conference Supervisor Yepsen reported the conference was held for 3 days last week. They presented the initiatives from Mayor Johnson. They are focusing on an anti-mandate campaign - 9 for 90. This is for 9 state mandates that consume 90% of our County property tax levy. Proposed Federal Cuts Impact on Saratoga Springs Supervisor Yepsen reported the GOP is asking for 60 federal programs to be ended. One of the programs slated to be cut that concerns her the most is the Community Development Block Grant program. She suggested passing a resolution to not cut this program. Sustainable Saratoga Supervisor Yepsen reported Sustainable Saratoga has officially received their 501(c)(3). They can now accept donations. Matthew Veitch Legislative and Research Committee Supervisor Veitch reported the County Board did adopt their items to send to our state legislators. The resolution passed by the County today include: urging the reinstatement of VLT revenues, support NYS Association of Counties 9 for 90 campaign, support NYS Association of Counties for a sales tax joint revenue center, civil service law to exclude employees who do not work year round to have ability to take time off for prostate or breast cancer screening, support various health care initiatives, takeover of Medicaid local administrative responsibilities, opposing tax cap without equal or greater mandate relief, and the state to give a larger portion of revenue for 911 surcharge. NYS Senate Racing & Wagering Committee Supervisor Veitch reported he attended this meeting with Deputy Jarosh and Deputy Mayor Sutton. Issues were presented from horsemen, NYRA, OTB, etc. They discussed attracting and keeping fans involved in the sport. Public Safety Committee Supervisor Veitch reported the following resolutions were passed today: re-appropriated $390,730 in the Sheriff’s Department from last year, video equipment to tape record interviews when people are booked and arrested to be available in the City of Saratoga Springs. Law & Finance Committee Page 13 of 14 City Council Meeting 2/15/11 Supervisor Veitch reported they had 3 new hires at the county; director of mental health services, director of purchasing, and director of employment and training. They also announced re-appropriating $1.8 million for the sewer department capital program. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Ivins 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 8:45 p.m. Ayes – All Council returned from executive session at 9:33 p.m. Mayor Johnson stated nothing was resolved in executive session to report to the public. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 9:34 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 3/1/11 Vote: 5 - 0 Page 14 of 14