City Council

May 17, 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. United Way 2-1-1 CONSENT AGENDA 1. Approval of 5/3/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 5/13/11 $383,934.73 5. Approve Payroll 5/6/11 $387,221.55 6. Approve Warrant 2011 Mid 11MWMAY1 $243,322.04 7. Approve Warrant 2011 Regular 11MAY2 $1,272,761.62 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Execute Contract with Pinnacle Human Resources, LLC 2. Discussion and Vote: Authorization for Mayor to Execute Contract with Novus Engineering PC for Professional Services on Siro’s Application Before the Planning Board with Establishment of Cash Escrow Account 3. Discussion and Vote: Authorization for Mayor to Execute Quit Claim Deed – 135 South Broadway 4. Discussion and Vote: Camp Saradac Assistant Director Hourly Rate 5. Discussion and Vote: Accept Donation for the Summer Concert Series 6. Discussion and Vote: Authorization for Mayor to Execute Contract with Chestnut Appraisers re: 133 Kaydeross Avenue 7. Discussion and Vote: Appointment to Ethics Boards 8. Appointment: Recreation Commission 9. Discussion: Plans for the Sesquicentennial Celebration of Thoroughbred Racing in Saratoga Springs ACCOUNTS DEPARTMENT 1. Discussion and Vote: Approval to Add Temporary Clerk 2. Announcement: Grievance Day 3. Award of Bid: Sale of Used Rescue Truck to General Services FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Works Payroll Transfers 2. Discussion and Vote: Department of Public Safety Payroll Transfers 3. Discussion and Vote: Recreation Payroll Transfers City Council Meeting 5/17/11 4. Discussion: In-Rem Foreclosure Proceeding 5. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Announcement: Paving Schedule 2. Discussion: Update of the Canfield Casino Renovations PUBLIC SAFETY 1. Discussion and Vote: Authorization to Accept Donation to Fire House 2. Announcement: Fire Department Promotions SUPERVISORS Joanne Yepsen 1. May Supervisor Meeting 2. County Deceased Veterans Program 3. Outreach to the Saratoga Agriculture Community by NYS Commissioner 4. Saratoga County Law Library Board Meeting 5. County Sewer Commission Update Matthew Veitch 1. Public Safety Committee 2. STOP – DWI 3. Storage Unit at West Ave. Fire Station 4. Saratoga Lake Sewer Upgrades 5. Reapportionment Committee ADJOURN Page 2 of 10 City Council Meeting 5/17/11 May 17, 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. 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 5/17/11 Judy Richards of 138 Ingersoll Road stated she is here on behalf of her grandson. His care was hit by a snowplow in February. They filed all necessary paperwork and received a letter last week denying his claim. According to the letter from the insurance company, NYS Vehicle and Traffic Law exempts public employees unless it is a moving vehicle and she can prove the driver was reckless. There were no witnesses. She is appealing to the Council for some kind of reimbursement for the claim. Ms. Richards submitted copies of reports and pictures, for the record. Rick Thompson of 26 Frederick Drive stated Saratoga Citizen held part 2 of their speaker series with the mayor and city manager from Elmira, New York. These programs are held for those who would like information on how the city manager form of government would work. He felt it should be noted that not one commissioner or deputy commissioner attended the meeting. This Council seems incapable of familiarizing itself with tools to understand the issue to make a decision. He wished the Council would show as much enthusiasm regarding getting informed about how the mayor/manager Council form works with as much enthusiasm that was shown during the ribbon cutting for the annual opening of the toilets in Saratoga. He read the following definition of voter suppression: “a strategy to influence the outcome of an election by discouraging or preventing people from exercising their legal right to vote.” The reality is we are living this in Saratoga Springs today. Pat Kane of 19 Marion Place provided an update regarding the legal issues Saratoga Citizens shares with the City. He sent an e-mail today of the exchange of correspondence between himself and Commissioner Franck. Last summer the Council rejected their petition, they went to court, and the court found in favor of Saratoga Citizens. The City appealed that decision and Saratoga Citizens submitted a second set of petitions. That set of petitions was also rejected by the Council, and the judge asked the petitions be resubmitted. Saratoga Citizens has re-submitted the petitions and the City has no lawsuit against the second set of petitions. The City does not have an automatic stay on everything; it has an automatic stay on just the lawsuit they are pursuing. The City has not perfected their appeal; they have only acknowledged they elect to appeal. They request that if the City is not going to reject the second set of petitions, they certify them. He agrees with Mr. Thompson, this is a case of voter suppression. Mr. Kane submitted several documents for the record. Mayor Johnson closed the public comment period at 7:10 p.m. PRESENTATION United Way 2-1-1 Mayor Johnson introduced the United Way 2-1-1 Kathy Pelham, CEO United Way of the Greater Capital Region presented the United Way 2-1-1 program. She stated this three digit telephone number connects a caller to a human for human services. These services include respite care, food pantries, etc. Most cell phones will connect you to 2-1-1. This number is a confidential number. A call center will systematically collect all the written directories and puts the information in a technological form that is always current and available. Tracking the trends is done monthly for a variety of reasons. This program serves 12 counties. Top requests relate to basic needs such as rent payment assistance, financial assistance, utility service payment assistance, food pantries, health insurance, low income housing, etc. The top agencies people are referred to are: Shelters of Saratoga, Saratoga County Department of Social Services, and CAPTAIN Youth and Family Services, etc. United Way is now focused on system change; is it sustainable, is it reliable, and is it easy to use. They no longer just collect money and give it out. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: Page 4 of 10 City Council Meeting 5/17/11 1. Approval of 5/3/11 City Council Minutes 2. Approval Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 5/13/11 $383,934.73 5. Approve Payroll 5/6/11 $387,221.55 6. Approve Warrant 2011 Mid 11MWMAY1 $243,322.04 7. Approve Warrant 2011 Regular 11MAY2 $1,272,761.62 Commissioner Ivins stated he had a correction to the minutes. Under the finance agenda, item #1; the first quarter financial report should read “property tax collection is 47% collected”. The minutes have 45%; it was up 3% from 2010. Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to Execute Contract with Pinnacle Human Resources, LLC (11-151) Mayor Johnson stated this is for human resource services to be provided. This is something his office has been working on since the vacancy of the human resource administrator position. This is a full scope of services including training of employees, counseling of employees, involvement in the discipline of employees etc. We will have a very experienced person providing this service. This is a proposed 1 year agreement to provide services for the balance of this year not to exceed $35,000 and will work 25 – 30 hours per week. For 2012, he is looking to fund the balance of the contract from the next budget cycle. We get more for the money without adding to the payroll, benefits, and pension costs. The contract will be effective for 6 months and then can be terminated anytime after that with 30 days notice. He is listed as the contact as human resources is listed under his department. He has no intention to get involved with each issue that might go to this individual and there is a level of confidentiality that must be maintained. Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to execute a contract with Pinnacle Human Resources as described. Commissioner Ivins commended the mayor on putting this agreement together. He likes the fact we are not looking at long term health insurance or retirement costs but we are still meeting the needs of the City. Commissioner Franck stated he is supporting for the same reasons. If this works, we should look at payroll and other types of services as retirements happen. Ayes - All Discussion and Vote: Authorization for Mayor to Execute Contract with Novus Engineering PC for Professional Services on Siro’s Application Before the Planning Board with Establishment of Cash Escrow Account (11-152) Mayor Johnson stated the City Planning Board is in the process of reviewing 2 applications for Siro’s – a special use permit for outdoor entertainment and a site plan modification. The Planning Board is in need of technical acoustical services to assist the board with the review of the noise impacts. They Planning Board would like to use Novus Engineering for this service. The Board voted 6-0 to recommend to the Council that Novus Engineering be used. The contract has been reviewed by the City attorney and Risk and Safety. Siro’s has agreed to establish an escrow account of $10,000. There is no expense to the City; all expenses are to be paid by Siro’s. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to execute a contract with Novus Engineering PC as described. Page 5 of 10 City Council Meeting 5/17/11 Commissioner Ivins confirmed how payments are going to be made. It looks like bills will be received monthly. Mayor Johnson advised bills will be sent as incurred and capped at $10,000. Ayes - All Discussion and Vote: Authorization for Mayor to Execute Quit Claim Deed – 135 South Broadway (11- 153) Mayor Johnson stated this came from the Real Estate Committee. The owners of the land known as 135 South Broadway requested to release the strip of land that is totally enclosed by their land making this strip land locked. There are no City records showing the City to be the owner of the land. The Real Estate Committee is recommending the City give the owners a quit claim deed with no warranty. In exchange, the owner will pay the City $2,000. Mayor Johnson moved and Commissioner Wirth seconded to issue a quit claim deed to Raymond Milligi Trust and authorize the mayor to sign all documents. Ayes - All Discussion and Vote: Camp Saradac Assistant Director Hourly Rate (11-154) Mayor Johnson stated the recreation director is proposing lowering the rate of pay for the assistant directors from $13.50 per hour to $12 per hour. There are 2 assistant directors for the camp. Mayor Johnson moved and Commissioner Wirth seconded to approve the hourly rate be revised as described. Ayes - All Discussion and Vote: Accept Donation for the Summer Concert Series (11-155) Mayor Johnson advised the donation is from the Rotary Club in the amount of $500. Mayor Johnson moved and Commissioner Wirth seconded to accept the donation. Ayes - All Discussion and Vote: Authorization for Mayor to Execute Contract with Chestnut Appraisers re: 133 Kaydeross Avenue (11-156) Mayor Johnson stated the Council became aware of this parcel for purchase as open space in late 2009. The County has given the City a grant of matching funds not to exceed $30,000; for a total combined amount of $60,000. This is a 5+ acre site on the other side of the Northway. The City had an appraisal done for $350 – the parcel appraised value came back at $8,800. The owner of the land had an appraisal done which came back at a value of $95,000. Therefore the City would like to do an additional appraisal. Quotes for appraisals are $650, $1,500 - $2,000, and $1,500. All of these companies have the experience in open space parcels. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into an agreement with Chestnut Appraisers, the lowest quote provided of $650. Mayor Johnson stated he didn’t want to jeopardize County grant money by not moving forward with this. Also, the payment for the appraisal will come out of the City attorney professional services line. Page 6 of 10 City Council Meeting 5/17/11 Supervisor Yepsen added that once the deal is made with the property owner, the County will reimburse the City for the appraisal as part of the $30,000 grant. Ayes - All Discussion and Vote: Appointment to Ethics Boards (11-157) Mayor Johnson announced he is proposing the appointment of Cathy Masie. Cathy has lived and worked in the City for the past 15 years, co-owner of the Masie Center, and is in charge of all personnel, human resources, and all staffing issues. She also has a degree in English literature from Hampton College. Cathy is on the board at Wesley. Mayor Johnson moved and Commissioner Wirth seconded to appoint Cathy Masie to the CITY Ethics Board. Ayes – All Appointment: Recreation Commission Mayor Johnson announced he is appointing Thomas Trapani to the City Recreation Commission. Thomas is a graduate of SUNY Albany and is the assistant director of admissions at Skidmore College. He has an extensive career at the collegiate level in lacrosse. He is also the men’s lacrosse assistant coach at Skidmore College. Discussion: Plans for the Sesquicentennial Celebration of Thoroughbred Racing in Saratoga Springs Mayor Johnson announced thoroughbred racing will experience its 150th year in 2013. There is a collaboration underway between the City, the Museum of Racing, and NYRA to celebrate this event. We are researching what happened 50 years ago and use that as a starting point and expand from there. This is something that will be at no cost to the City; it will be financed through private donations. ACCOUNTS DEPARTMENT Discussion and Vote: Approval to Add Temporary Clerk (11-158) Commissioner Franck advised they are currently working on a grant funded project to inventory the records of the Office of Planning and Economic Development, which was accepted by the City Council in October of 2010. Because we are under a very tight time frame, the project must end June 30, 2011. We have additional funds in our payroll line for this project and would like to establish a second position at $10.50 per hour which is also entirely funded by the State Archives Grant and at no cost to the City. Commissioner Franck moved and Commissioner Ivins seconded to establish a second temporary clerk position as described. Ayes - All Announcement: Grievance Day Commissioner Franck announced Tuesday, May 24th is grievance day in the City Council Room. Residents can come to grieve their assessments from 9:00 a.m. – 12:00 noon, 1:00 p.m. – 4:30 p.m., and 7:00 p.m. – 9:00 p.m. Award of Bid: Sale of Used Rescue Truck to General Services (11-159) Page 7 of 10 City Council Meeting 5/17/11 Commissioner Franck moved and Commissioner Wirth seconded to award the bid for the sale of the 1985 GM Scottsdale 30 Rescue Truck to General Services in the amount of $2,717.27. Commissioner Franck advised they were the highest bidder. Ayes - All FINANCE DEPARTMENT Discussion and Vote: Department of Public Works Payroll Transfers (11-160) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is to fund the executive assistant position. Ayes – All Discussion and Vote: Department of Public Safety Payroll Transfers (11-161) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Recreation Payroll Transfers (11-162) Commissioner Ivins moved and Mayor Johnson seconded to approve the Recreation Department payroll transfers as previously distributed to the Council. Ayes - All Discussion: In-Rem Foreclosure Proceeding Commissioner Ivins stated there has not been an in-rem proceeding in 10 years. To date, they have collected $356,832.93; with $525,864.24 still unpaid. The last day to redeem is Wednesday, June 15th. After this date the City will file for a summary judgment. This means all parcels still having unpaid back taxes in the in-rem will be owned by the City and may be subject to an auction soon thereafter. Discussion: City Finances Commissioner Ivins stated we have received sales tax distribution for the first quarter except for an interest payment for March. We are 5.8% above the 2010 1st quarter. PUBLIC WORKS DEPARTMENT Announcement: Paving Schedule Commissioner Scirocco announced the dates and locations for paving. This schedule is subject to the weather. Discussion: Update of the Canfield Casino Renovations Commissioner Scirocco asked Debbie LeBreche, assistant city engineer to describe the renovations. Page 8 of 10 City Council Meeting 5/17/11 Debbie LeBreche reviewed the past 10 years of projects. There are 9 projects that will be done in total. Approximately 10 years ago the first major moisture control measure was taken to address the run off. That dried up the basement. They restored the clerestory windows, remediated asbestos, and did some roof repairs. The current project includes the remediation of the moisture in the basement and plaster repair in the parlor. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization to Accept Donation to Fire House (11-163) Commissioner Wirth announced counter tops and sinks were donated to the fire houses in $5,900. This includes the labor for installation. Commissioner Wirth moved and Commissioner Ivins seconded to accept the donation as described. Ayes - All Announcement: Fire Department Promotions Commissioner Wirth announced he swore in Brian Moran as fire lieutenant, Robert Murphy as captain, and Peter Shaw as assistant chief. SUPERVISORS Joanne Yepsen May Supervisor Meeting Supervisor Yepsen stated they had a board meeting today and passed a few resolutions. They introduced a proposed local law to prohibit the disruption of military funerals and set a public hearing for June 15th. They also appointed a new director of public heath; authorized the chair and the sheriff to enter into an agreement for additional police services in the Village of Corinth, and they authorized the chair to enter into an agreement with NYS Office of Homeland Security grant. County Deceased Veterans Program Supervisor Yepsen stated today they honored Ellsworth Jones. It was a well attended program. Outreach to the Saratoga Agriculture Community by NYS Commissioner Supervisor Yepsen stated the NYS Commissioner of Agriculture and Markets will be coming to Saratoga Springs to learn more about the agriculture business in Saratoga County. Saratoga County Law Library Board Meeting Supervisor Yepsen announced there was a County Law Library Board meeting yesterday. This meeting is chaired by Steve Ferradino, and includes John Carusone, Supervisor Yepsen, Lauren Brown, and Jim Murphy as members. County Sewer Commission Update Supervisor Yepsen stated a $53 million dollar expansion was voted on a few years ago. There has been an increase in our sewer rates as a result of this. The Planning Department is working with the sewer Page 9 of 10 City Council Meeting 5/17/11 commission to go over possible designs with contractors for upgrades and repairs to the system and remove the moratorium in the future. Matthew Veitch Public Safety Committee Supervisor Veitch reported all their items were approved today. The contract with the Village of Corinth was passed today for additional police. STOP – DWI Supervisor Veitch stated this is part of the Public Safety Committee. They approved this program today. The County has achieved $391,654 in revenues from this program. All school districts will receive a small stipend and the City will get $36,000 for law enforcement activities related to DWI. Storage Unit at West Ave. Fire Station Supervisor Veitch reported a blood borne pathogen station had been approved at the West Avenue Fire Station. Since there was no room in the station for the blood borne pathogen station, the County approved $4,500 to purchase a storage unit to be placed on the property for equipment. Saratoga Lake Sewer Upgrades Supervisor Veitch stated the County is upgrading the sewer around the lake. We are maxing out the pipeline that is there. While rebuilding the 9P bridge, the sewer line was upgraded. We can now develop some of that area. Re-apportionment Committee Supervisor Veitch reported the County votes according to a weighted vote. The City has 2 votes at the County. Every 10 years when the census comes out the county has to do a reapportionment. The proposal is to raise the threshold to 25,000 which will allow us to keep 2 supervisors in the City. Supervisor Veitch also reported the committee approved the technology IT policy today. *** Commissioner Franck stated upon the passing of Lee Wiser, he wanted to recognize him for all his community service and efforts. 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 8:51 p.m. Respectfully submitted, Page 10 of 10 City Council Meeting 5/17/11 Lisa Ribis Clerk Approved: 6/7/11 Vote: 5 - 0 Page 11 of 10