City Council

October 4, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:40 PM – P.H. – Correction of Street Name – Wagner Road 6:45 PM – P.H. – Street Acceptance of Excelsior Avenue and Ormandy Lane 6:50 PM – P.H. – Time Warner Franchise 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. 2012 Comprehensive Budget EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 9-20-2011 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 9/23/11 $388,115.55 5. Approve Payroll 9/30/11 $400,062.70 6. Approve Warrant 2011 Mid 11MWSEP2 $2,948,148.91 7. Approve Warrant 2011 Regular 11OCT1 $376,866.15 MAYOR’S DEPARTMENT 1. Discussion and Vote: Time Warner Cable Franchise Agreement and Council Resolution 2. Discussion and Vote: Authorization for Mayor to Sign Grant Disbursement Agreement with Empire State Development for Parking Garage 3. Discussion and Vote: Accept Donation from Adirondack Trust for Appraisal of Parking Lot on Church Street and Woodlawn Avenue 4. Announcement: Visitor Center Website 5. Appointment: Planning Board 6. Appointment: Zoning Board of Appeals ACCOUNTS DEPARTMENT 1. Award of Bid: Auditing Service 2. Award of Bid: Potable and Storm Water Testing to CNA Environmental, Inc. 3. Discussion: Skateboard Park FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Safety Payroll Transfers City Council Meeting 10/04/11 2. Discussion and Vote: Department of Public Works Payroll Transfers 3. Set Public Hearing: 2012 Comprehensive Budget 4. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Street Acceptance – Excelsior Avenue and Ormandy Lane 2. Discussion and Vote: Show Wagner Road in the City Code Book PUBLIC SAFETY 1. Announcement: Lake Avenue Firehouse Open House – Saturday, October 15, 2011 1pm – 4 pm 2. Announcement: Route 50 and Gick Road Intersection SUPERVISORS Joanne Yepsen 1. County Budgeting 2. NYSAC Report 3. Women Veterans Symposium 4. NY Horse Park Expo 5. CREDC Public Forum Matt Veitch 1. NYSAC Conference 2. Legislative and Research Committee 3. Technology Committee ADJOURN Page 2 of 17 City Council Meeting 10/04/11 October 4, 2011 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 7:00 PM 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 Gerald Lundgren, Deputy Commissioner, Finance Sharon Kellner-Chile, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDINGS 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 HEARINGS Correction of Street Name – Wagner Road Mayor Johnson opened the public hearing at 6:40 p.m. Commissioner Scirocco stated that the City Code Book lists the street as Wagner Drive but in 1951, it was accepted as Wagner Road and should be changed to Wagner Road in the Code Book. No one spoke. Mayor Johnson closed the public hearing at 6:45 p.m. Street Acceptance of Excelsior Avenue and Ormandy Lane Mayor Johnson opened the public hearing at 6:45 p.m. Commissioner Scirocco said that these streets are part of Excelsior Park and are currently listed in Chapter 201 as accepted for snowplowing only. No one spoke. Mayor Johnson closed the public hearing at 6:50 p.m. Page 3 of 17 City Council Meeting 10/04/11 Time Warner Franchise Mayor Johnson opened the public hearing at 6:50 p.m. He stated this agreement is for a term of ten years. Pat Kane, 19 Marion Place said that this is a very important issue and the only copy available in City Hall was only allowed to be read at the office; it has not been available on the City’s website. It appears that the City Council is rushing into this very important agreement without adequate public information, a type of closed door apparatus with no committee – one of those things where the public must take what they get. He said he sent examples of franchise agreements of other communities and has heard nothing back; he does not understand the closed process of our City Council on this important issue. Peter Martin, 101 Bryan Street said that since the City Council is considering whether to renew the cable franchise agreement with Time Warner to provide cable to the citizens of Saratoga Springs, you should know that one DVR and one set top converter uses 476 kilowatts of power per year, more than a 21 cubic-foot refrigerator. This is a large amount of energy wasted per year and there are alternatives that can power down the energy use when the system is not being used but this is not available in the United States because no municipality takes a stand against the current system. He said that if the City of Saratoga Springs took the initiative to request that alternative devices be used, they would be trendsetters. He urged the City Council insert into the agreement that Time Warner offer to the citizens a set up of alternative devices that would power down when the cable was not in use; this would save over 66% of energy now used by the current equipment. Seeing that no one else wished to speak, Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT Mayor Johnson stated that according to the rules approved in February of 2004 by the City Council, the public comment period is limited t a total of 15 minutes and individuals are limited to two minutes each. Mayor Johnson opened the public comment period at 7:02 p.m. Charlie Samuels, 58 Court Street said he is a film maker, photographer and a skate boarder and he is here tonight to talk about the skate bowl. The problem of the bowl can be solved with no money. Without public input but with pubic funds, the City dumped dirt into the bowl rendering it useless. He reported that over 3, 000 people are watching this issue on his face book page and he has submitted a petition with over 600 signatures in support of the skate bowl. He has not been able to communicate with anyone on the City Council; said at this point he wants to talk about the skate bowl and no one returns his calls and letters; he has not been able to communicate with anyone on the City Council except he did receive a letter from Commissioner Franck. He said the only other communication on the matter has been through the press. He asked that council members please pick up the phone and call him and he recited his phone number. He asked why the skate bowl was filled with dirt. He said the problem started when graffiti covered the bowl; the company that removed the graffiti did not use any chemicals that could damage it and they cleaned it for free yet the press cited them as the culprit causing the closure of the bowl. He said that the primary issues are supervision and liability and he asked why the City is so paranoid over liability when no other skate parks seem to be concerned; the days of staffed skate parks are over. He said the City of Saratoga Springs is paranoid; most municipal skate parks have a “skate at your own risk” policy. Supervision actually makes municipalities more liable because it brings a higher demand of responsibility. He said that signage limits liability and his group has a non-monetary answer to every issue, they have even offered to shovel out the bowl free of charge. He said there has been conflicting reports in the press about Commissioner Franck’s willingness to re-open the bowl. If so, design is crucial; there is already a six-foot high fence around the entire skate park, so placing another fence around the bowl would probably serve no purpose. He said signs Page 4 of 17 City Council Meeting 10/04/11 should be used and there are ways around all of these problems and he is willing to communicate with any City Council members and he would be wiling to meet Council members for coffee. Mayor Johnson said his office has been in communication with Mr. Samuels. Charlie Samuels agreed to meet with Commissioner Franck for coffee Wednesday morning to determine if there is a real reason for the closure aside from money and liability worries- he is simply seeking the truth. Bob Giordano, Lake Avenue announced that on October 15 and 16 there will be a 2-day event that is essentially the rumbling of a new economic engine. There will be a horse park exposition held at the Saratoga Race Course and he has been speaking with various government officials about the event and distributed a brochure to the City Council. He said it is a family event and eventually the goal is to acquire a particular parcel of property between exits 15 and 16 to create a horse park which will be economically beneficial to the community. Bruce Goodale, 18 Horizon Drive said it has been unofficially reported that the City Council is considering construction of an emergency ambulance facility near Saratoga Lake to serve the outlying eastern sector of the City. He believes there is merit to evaluating options to improve emergency service to this area because of recent substantial increases in population in this area and the likelihood that this growth will continue and adequate emergency response time to this area of the City is a concern given that existing emergency facilities are located near downtown. He said what is not meritorious, is the idea of constructing the new emergency facility on lands acquired by the City for development of a desirable park on Saratoga Lake. A park here is a good idea because there is currently no public access to Saratoga Lake at this time but placing the facility here is a bad idea because the park land was acquired by the City under the Open Space Bond Act for the purpose of recreation and park development so the use of this land for any other purpose is clearly an alienation of use and contrary to the purpose of the City’s open space bond proposition approved by voters. He explained that the parcel is fairly small; about four acres with a level area of land along Crescent Avenue then a steep section to another level area near the lake. He said if the emergency facility is placed on the land along Crescent Avenue it would rob the proposed park of some of its more useable land and limit its potential future use and there would be no safe place for future visitors to leave their vehicles. He said there are other suitable parcels on the eastern plateau that could be purchased for this purpose but the [Waterfront] parcel should be used only for the park. He implored the City Council to abandon the plans to construct an emergency facility on this park land. He submitted to the Secretary of the City Council a copy of a letter dated October 4 addressed to Mayor Johnson. Rick Thompson, 26 Frederick Drive said he started Saratoga Citizens as a group looking to change the City’s form of government and he has had great communication with many people and many municipalities. The group handed in over 2,300 signatures in 2 sections for the referendum to be placed on the ballot in 2010. He said the mayor was given permission to appeal the signatures of the petition submitted for referendum. The matter has stayed in court and missed the election of 2010. A ruling was made that found the appeal baseless. On February 14, by a vote of 5-0, the City Council approved to give the mayor approval to file a legal notice with the court that they may appeal the judge’s decision. In the same meeting with a vote of 3-2, Commissioners Ivins and Franck voted no, the Council gave approval to file a legal notice to the court to appeal the decision. He said three of the council members approved up to $10,000 in attorney fees and the mayor filed the appeal on February 17. The Saratoga citizens wanted the right to vote on the issue; other officials met with the group and it was embarrassing that they were not acknowledged by any City Council member. Both sides of the issue are frustrated that the right to vote on the issue is being suppressed yet in a few weeks the members of the City Council are asking for the vote of the citizens to keep them in office. He said that voter suppression is a strategy to influence the outcome of an election. Phil Diamond, 29 Waterview Drive referred to an editorial proposing Human Resource action which appears questionable so he investigated the situation and determined that one of the City Council members is trying to exact political retribution on an individual who is doing an excellent job but happened to be appointed by that Commissioner’s political adversary. Mayor Johnson cautioned Mr. Diamond to remain within the parameters of the rules of the public comment period. Phil Diamond said that the employee is being picked on because she was appointed and is a friend of a political opponent of this Commissioner. He asked the City Council to please not fund the proposed Page 5 of 17 City Council Meeting 10/04/11 position and to prevent future budgetary shenanigans if they try to transfer money to the job; just do not fund it, thank you. John Krause, 227 Grand Avenue referred to an item on tonight’s agenda awarding a bid for auditing services. He asked if the City Council was voting on a selection of the auditing firm and if so would like the details because he has a problem with the current outside auditing firm and would love to see a company such as the West Group but Commissioner Franck would have to recuse himself. He said that the City needs more examination of its internal controls because there are many locations where City money in the form of cash and checks is collected and handled and he is not sure controls are consistently in place and he does not know if such controls were addressed by the current outside auditor. He explained that he is not stating that anything is wrong, he simply wants assurance that controls are in place and he asked that if the same firm is being selected that the Council defer their vote and consider another firm instead. Al Callucci of 9 Lexington Road noted that in the last 6 to 8 weeks the payrolls approved in the consent agendas have had a wide range of varying amounts. These payroll amounts seem to keep vacillating and although he understands there is some rationale for some fluctuation he would like the Commissioner to explain why the payrolls keep changing to the extent that they do. He said that regarding the position proposal referenced earlier, if someone is going to be in a marketing position, they should market everything regarding functions and City programs on City owned property because having many people doing the same thing seems to be a waste of money; there is a need for consolidation for better communication. Kyle York, 59 Railroad Place spoke to the issue of what is gong on at the Casino. He said he is speaking from his experience as an employee of the city DPW as a laborer in the park. He said that the person running the Casino now has a job that is mainly about marketing and showing the casino, especially for weddings where there is a large amount of on-site responsibilities even without the added burden of gardening and landscaping. He said Betty does the gardening and it is upsetting that other jobs have been upgraded and there have been issues about supervisors performing out of function yet Marge, then Betty had the responsibility of the Carousel, the Casino, Congress Park and the Visitor’s Center, but not the Recreation Center or the Music Hall. He said the position of reservation director whether on site at the Casino or not would result in the loss of service at the Casino, the on-site importance of the Casino would be lost and it flies in the face of what has happened before. It is ill-advised to add the Recreation Facility and other responsibilities to that job and he urged the Council to consider the situation carefully. Pat Kane, 19 Marion Place, said there are lots of issues of concern and it is a shame that a citizen only gets two minutes; it is embarrassing to think that is all the time someone gets to express their concern. He said he had foiled copies of legal bills, utility bills for the Recreation Center and the City’s contract with Human Resources and has only received copies of the general contract and no appendices so he will have to re-foil. He said the Council has the legal capability of approving the 2012 budget before Election Day; he understands the need for public hearings but he challenges the City Council to approve their 2012 budget prior to having a public vote for their own re-election. He said approve the budget for 2012 now, there will always be a period of time where more information is available. He looked on the web and noticed the City’s median income is $69,031, 13th on the list in Saratoga County, which means this is a community of middle class people struggling to make ends meet. He urged the City Council to please examine the City’s economic profile and pass a budget with that consideration. He encouraged the City Council to act now; 2 ,300 people signed a petition to examine the change in government, there is no gag order, the issue can be discussed but the Council is not listening to what the needs of the City are. Ben Gleeksman, 193 Circular Street said he supports Charlie Samuels about the skate bowl. He appreciates that the skate park and the bowl were built. There are facilities all over the county that are not staffed, unsupervised and free. He emphasized that there can be a solution at no cost to the tax payers; and there is a new generation coming behind them so solving this now is looking at this progressively. Seeing that no one else wished to speak, Mayor Johnson closed the public comment period at 6:38 pm. Page 6 of 17 City Council Meeting 10/04/11 PRESENTATION 2012 Comprehensive Budget Commissioner Ivins presented the first draft of the 2012 comprehensive budget. He said the budget objectives are to meet the new tax cap guidelines and to keep taxes as low as possible while providing a level of services that taxpayers are accustomed to. He finds the discussion about the City’s median income interesting, especially since some folks seemed surprised about the number yet he has been discussing this number since his first year in office. He said that when one thinks about the wealth here, then about the median income, it is obvious there are a large amount of people with incomes well below that figure which is the reason that he wants to keep taxes as low as possible. This year, the budget objectives are to meet the new tax cap guidelines and to keep taxes as low as possible while providing a level of services taxpayers are accustomed to. The budget process begins with a call letter sent out to each department. The Finance Office staff prepares projections for items like health insurance, pension costs, debt service, etc. Requests and projections arrive in the Finance Office and are entered into the system. Then, requests are analyzed and possible changes are noted. The Commissioner of Finance meets one on one with each department head to review possible changes, and then the comprehensive budget is finalized and presented to the public. He said he has done most of the work himself but sent a draft to his new deputy who worked with the Director of Finance and came up with additional thoughts and ideas. He said this year the budget process was fairly smooth and one of the easiest years he has experienced. He said he looks at what was actually spent the previous year, compares it to the 2011 year to date, the 2011 projections and the 2012 requests and from there factors in any deviations that might effect each line item, makes modifications as needed then he examines the total result, how it effects the tax levy and tax rate and continues to make adjustments as necessary. Commissioner Ivins said the property tax cap enacted by the state affected the budget this year. He called on the Director of Finance to explain. Christine Gillmett-Brown said the state enacted a property tax levy cap of 2% to effect municipal budgets starting with 2012. There are special calculations needed for Special Assessment Districts as part of the factors involved and although the formula seemed complicated and confusing, a webinar produced by the Office of the State Comptroller (OSC) helped immensely. She said the only piece of information they had to know is last year’s levy- she was very impressed with the webinar. Once the information is plugged in and calculated, the amount must be submitted to the State Comptroller before the budget is approved, and they could audit it and require us to place in reserve any amount in excess and use it to balance the budget in the next year. She explained the base formula as the 2011 fiscal year tax levy times the tax base growth factor which is a number provided by the OSC plus the amount of PILOTS receivable in 2011 times the allowable levy growth factor (1.00 to 1.02) minus pilots receivable in the 2012 fiscal year equals the tax levy limit. Director Gillmett-Brown explained that the amount of PILOTS the City will receive in 2012 either through the IDA or our exemptions must be calculated and since this can involve a guess factor, they have worked together to find amounts that would be found acceptable during an OSC audit. Christine Gillmett-Brown said that exclusions applicable are employees and police and fire retirement system. The Comptroller’s Office provides the actuarial contribution rate and using the comptroller’s calculators and both calculations as provided, the amount excluded is $296,000 which means that in 2012 the City of Saratoga Springs could increase the amount it receives through the property tax levy by 4.88% and still be in compliance with the property tax cap. Commissioner Ivins explained that this does not mean we could increase the tax rate by $4.88% because the rate is affected by our assessed value- the tax rate increase would be 4.5% if we went to the full amount allowed by the tax cap but that is where we would be if we wanted to max out- but it would be too high a number. Commissioner Ivins reviewed some of the General Fund budget highlights. He said the request for a full-time phone operator has been pulled, the position remains as part time. DPW costs will be funded between the 2010 and the 2011 numbers. He said in 2010 the weather was excellent so money was saved, but in 2011, the weather was terrible so he chose a number in between the 2010 and the 2011 numbers. Funding for the Casino Reservation Coordinator position was eliminated although the position is a good idea for the future Page 7 of 17 City Council Meeting 10/04/11 now is not the time so the salary is zero with no plans to change it in 2012. However, the Building and Zoning Inspectors were funded for the year. Commissioner Ivins said the SAFER grant expires in November 2012 so enough money was budgeted to cover the positions to the end of 2012 because the Fire Department is applying for another grant and the decision as to whether we receive the funding will be made in 2012 for 2013. Non-profits are at the same level as 2011; no change for many years. Hazardous Waste Day funds were added. The City is applying for a grant to have a collection day and the City’s match is being budgeted. He said that pension funds are estimated to increase about $700,000. VLT funds are included as a new revenue source, if the City fails to receive those funds there is the tax stabilization fund which is at $1million so if the state revokes the VLT funds, the City is covered. He also budgeted to take $75,000 from the Subdivision Recreation Fund to pay a portion of the debt on the Recreation Center. Commissioner Ivins reviewed the original general fund requests of 2011 for revenues and expenses and compared the original, revised, projected and requested figures with the actual amount of 2010. He said that in 2009 he was told we were going to be short over $5million and actually the City was only short $1.8 million. In 2010 the City’s revenues exceeded expenses by $1.1million and people are saying to reduce tax rate and put that money in the budget. Commissioner Ivins read from a portion of the March 2008 report from the State Comptroller entitled “Fund Balance Appropriation” that the use of surplus fund balance to reduce the reliance on real property taxes, water and sewer rents as means to finance operations is a basic component of local government budgeting however it is not a sound financial practice for city officials to rely on appropriating fund balance as a recurring revenue source for financing recurring expenditures on a year- to-year basis. Commissioner Ivins said that if you use it one year, you will not have it the next year- keep tapping the surplus and it runs out and there will be no rainy day money. Commissioner Ivins said that the new fund balance policy approved by the City Council last month is another way the City strives toward increased financial stability. The policy ensures that the City keeps a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls, unexpected one-time expenditures, emergencies and disasters. He said the policy requires that the unrestricted fund balance range for the General Fund shall not be less than 10.0% and not more than 12.5% of the total adopted budgeted expenditures of the General Fund. The policy explains that in the event of a surplus, the excess may be used for one-time expenditures which do not result in recurring operating costs or other one time costs and if there is a shortfall, the Commissioner of Finance shall work with the City Council to get the numbers back up to where they belong. Christine Gillmett-Brown said that when a developer sub divides his lane they are required to provide to the City a percentage or fee that is placed in a trust fund for recreational purposes. In 2010 $40,000 was used for the ice rinks, $30,000 to the Weibel Rink and $10,000 to the Vernon Rink. The remaining $30,000 will be used to pay down the debt on the Recreation Facility. She said that for the last several years, more money was withdrawn than was going into the fund. Now the money expended is restricted to specific purposes. This year, $75,000 will be used toward the bonding of the Recreation Facility and there will be a resolution brought to the Council to facilitate this. Commissioner Ivins explained the draft debt service includes all new projects including the new parking deck. He said the City’s taxable assessed value has been flat in the recent past; and the debt service property tax rate increase is less than 1%. He said there has been some confusion regarding the definition of a capital budget item. It is an asset that is a major acquisition or construction project, has a useful life of six or more years and the cost of the asset is $10,000 or more. An item can also be considered a capital budget item if it is being financed by a capital reserve, a capital grant or by a general obligation bond, regardless of price or useful life. Some examples are the acquisition of fire trucks, major road construction projects, construction of bridges, building construction and improvements and land and building acquisition. Regarding retirement costs, Commissioner Ivins said that $4,037,027.36 was budgeted for 2011 and the actual amount expended is $3,526,544.54 but he budgeted slightly over $4.2 million for 2012, the expenses are not growing as much as they did in the past so he is hoping we are still over budget on these costs. The debt service and general funds combined property tax levy is $18.6 million. Page 8 of 17 City Council Meeting 10/04/11 Commissioner Franck suggested that the actual 2011 budget numbers should be included. Commissioner Ivins said he will add those figures prior to posting it on line. The whole budget will also be on line by the end of the week. The 2012 budget translates into a property tax rate increase of .54%, slightly over ½ of one percent, an $8.61 tax increase for a home valued at $200,000. Commissioner Ivins exhibited a chart of the comparison of large general fund revenues from 2009 to 2012. He said that for 2012, $9.5 million was budgeted for sales tax, a 2.5% increase over the 2011 projection and he is comfortable projecting growth. If the Council passes the 2012 budget at the end of November, we will have a better handle on the actual amount of some of the figures. He reviewed more revenues explaining that he is leaving the mortgage tax and occupancy tax flat, and hopefully we will make the budgeted $435,000 next year if there are no cancellations of races. The amount budgeted for revenues from the Casino are flat between 2011 and 2012 and down $82,000 from 2010. AIM funding has been reduced annually by the State; he is leaving parking ticket revenue flat although Commissioner Wirth is more optimistic. He pointed out that the franchise tax was large in 2009 because that is a two-year figure; he has left it flat for 2012. A slight increase in utilities was budgeted along with, a reduction in the county surplus and the VLT funds were previously discussed. Commissioner Ivins showed a bar graph of the sales tax budgeted vs. the actual amounts from 1999 through 2011. This year the actual sales tax figures will most likely exceed the amount of sales tax budgeted and this will be the second year in a row. He showed a graph that illustrated the growth of the public safety budget from 2005 to 2012 compared to the rest of the City’s comprehensive budget. He said that the growth in spending is expected; this is a very important department because public safety is important. He said the goal is to keep taxes as low as possible. The better handle you have on what you are going to spend, the better it is for the tax payer. A lot can happen in two months; we will know more by the end of November. He said that last year the City received additional health insurance breaks because they waited until the last minute to get the real numbers. He said the City Charter requires a minimum of two public hearings on the comprehensive budget. The next steps are to hold one public hearing Tuesday October 18 in council chambers before the City Council meeting. There will be a presentation from the City Center and DPW Sewer and Water. He said that although the City Center budget does not affect our tax rate, Mark Baker will come in and discuss that budget. He will report back in April of next year on the final numbers of 2011. Tuesday November 15 there will be another public hearing in council chambers before the council meeting. Other public hearings may be scheduled as needed with dates and times to be determined. Commissioner Ivins said that the City Council can legally vote on the budget November 1 but it would not be doing the budget system justice; they should wait for more accurate numbers. Between November 1 and November 30 the Council has the ability to amend and or vote on this budget. According to the City Charter, if the Council fails to adopt a budget on or before November 30th, this comprehensive budget shall become the official budget for 2012. Commissioner John Franck said the Council needs time to digest this. The 2011 numbers are important because that is what we are paying taxes on; when we look at the last two columns it gives the feeling that each department head is cutting. He said a large amount of money in his budget is encumbered, primarily for potential lawsuits and potential assessment grievances. Commissioner Ivins said that the final numbers of 2011 could be close to predictions because there are fewer employees and which reduces pension costs and we have gone to one healthcare provider which reduces health insurance costs. As time goes on, he is concerned about the sales tax figure, but agrees that a parking deck would generate revenue, but more so in later 2012 and in 2013 because during construction we might lose some parking so it might take awhile before we see the benefit of the parking deck. He said that this budget decreases property tax and keeping that down while reducing debt is important. He looked at actual income and the numbers seem higher than the projection. This is on a cash basis; there are few of those lines; he understands projections being lower because July was when the projections were made so he will have to go line by line for accurate analysis which is another reason to wait until the end of November to vote on the budget. As long as we are in range, actual might be higher in projection. Commissioner Scirocco mentioned that all his revenues for the Music Hall, Carousel and Visitor’s Center are included in the Casino line. Page 9 of 17 City Council Meeting 10/04/11 CONSENT AGENDA Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of 9/20/2011 City Council Minutes 2. Approval Budget Amendments 3. Approval Budget Transfers 4. Approve Payroll 9/23/2011 $388,115.55 5. Approve Payroll 9/30/2011 $400,062.70 6. Approve Warrant 2011 Mid 11MWSEP2 $2,948,148.91 7. Approve Warrant 2011 Regular 11OCT1 $376,866.15 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Time Warner Cable Franchise Agreement and Council Resolution (11-280) Mayor Johnson stated the resolution is to allow the mayor to enter into the agreement and advance the process to eventually have the franchise agreement be effective. The proposed changes to the existing contract have been out there for some time. He explained the change in the franchise fee is based on 5% of what can be taxed (which is set by federal law) and they have expanded the base of services that can be included in the 5%. The highest franchise fee allowed is 5%. Whatever fee the City receives from Time Warner based upon this agreement can be passed by law in its entirety on to the consumers. This is a user fee and people should be aware of that because it actually comes out of the taxpayers’ pockets when they pay their monthly bill. Other changes to the franchise agreement include allowing for the franchise fee to be increased if later allowed for by law; better reporting to the City to ensure compliance and proper payment; quarterly payments rather than annual payments to the City; non-exclusive agreement meaning we are not bound to Time Warner should a better service be presented to the City; greater public governmental and educational public access (the goal is to have the broadcast through Look TV be live); installation of cable to more remote households; preservation of preferential rates for our senior population; and contract term is 10 years. Mayor Johnson stated we will go from approximately $450,000 per year to approximately $475,000 - $480,000 per year. We held the required public hearings. The next step is to enter into a resolution that is required under the law that applies to franchise agreements. The resolution authorizes him to sign the agreement on behalf of the City as mayor. After the resolution has been signed, it will be forwarded to Time Warner with proof of publication for the public hearings. Time Warner will then put together an application for renewal of the franchise agreement and forward to the New York Public Service Commission. The Public Service Commission will review the application and provide an effective date. When the order is issued by the Public Service Commission, the City and Time Warner will each receive a copy. Commissioner Franck asked if 10 years is required by law. Mayor Johnson advised it is not; less than 5 years is unheard of. The franchisee is looking for a longer term. Commissioner Franck confirmed if we are getting the 5% now. Mayor Johnson stated we are. Commissioner Franck stated he is concerned about the 10 year agreement. It ties our hands. We can get out of the contract if we prove they didn’t do what they said they would. Mayor Johnson stated we can contract with other providers for other services. Commissioner Franck asked if the City has ever done an audit. Page 10 of 17 City Council Meeting 10/04/11 Mayor Johnson stated to his knowledge an audit has never been done. He introduced John Luca from Time Warner to address Commissioner Franck’s concerns. Mr. Luca stated there will be a period of time before the new agreement will be effective, therefore an audit can be done during that time. They do provide a list of the revenue with payment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY F SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John P. Franck Commissioner Kenneth Ivins, Jr. Commissioner Anthony Scirocco Commissioner Richard Wirth APPROVING THE RENEWAL OF THE CABLE TELEVISION FRANCHISE AGREEMENT BE IT RESOLVED, that the City of Saratoga Springs City Council does hereby authorize the Mayor to sign the renewal Cable Television Franchise Agreement between Time Warner Entertainment – Advance/Newhouse Partnership d/b/a Time Warner Cable and the City of Saratoga Springs, New York. Mayor Scott Johnson moved and Commissioner Richard Wirth seconded to enter into the franchise agreement as listed as well as the Council resolution that authorizes the mayor to enter in the agreement on behalf of the City. Ayes - All Discussion and Vote: Authorization for Mayor to sign grant disbursement agreement with Empire State Development for Parking Garage (11-281) Mayor Johnson explained that in 2005 the City received a grant from the Empire State Development fund to construct a parking deck on Woodlawn Avenue behind the new Adirondack Trust Company building. He said the City applied for and received the funds and built the parking garage. Although there were reimbursements that were applied for and received, the City did not complete all reimbursement forms to get all the money it was entitled to receive. There was $100,000 that the City could have collected in 2007 that was never applied for, but the City is eligible to receive it without restrictions. The idea is to put it toward the new parking deck. Mayor Scott Johnson moved and Commissioner Richard Wirth seconded for the Council to approve for the Mayor to sign a grant disbursement agreement with Empire State Development to re-coup the $100,000 and to use the funds to reduce the City’s costs toward the Woodlawn Parking Deck. Ayes - All Discussion and Vote: Accept Donation from Adirondack Trust for appraisal of parking lot on Church Street and Woodlawn Avenue (11-282) Mayor Johnson said there have been discussions with the Adirondack Trust Company regarding selling of a small parking lot on Church Street and Woodlawn Avenue with an easement that allows customers to access the bank. The parcel is unusable to the City so we wish to sell it to the Adirondack Trust Company to get funds to put toward the proposed Woodlawn Avenue Parking Deck. He said that although the City loses 10 spots, the new deck would more than accommodate the loss. The bank is also gracious to volunteer to donate the amount required to appraise the lot for accurate negotiation of the sale price of the parcel. The City’s Real Estate Committee has reviewed this and the amount of the appraisal will be $1,500 for the recommended service by Bauer Appraisal Group Inc. of Albany New York. Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to accept the donation in the amount of $1,500 from the Adirondack Trust Company of Saratoga Springs New York for the Page 11 of 17 City Council Meeting 10/04/11 appraisal of the small parking lot at Church Street and Woodlawn Avenue by the Bauer Appraisal Group, Inc. of Albany New York. Ayes - All Announcement: Visitor Center New Website Mayor Johnson announced that there is now a new website for the Visitor’s Center. Thanks to a grant from the New York State Office of Parks and Recreation and Historic Preservation, the website is user-friendly, and accessible by hand-held apparatus. To enjoy the new website, go to www.saratogaspringsvisitorscenter.com. Appointment: Planning Board Mayor Johnson announced the appointment and the return of Jamin Totino to the Planning Board. He fills a vacancy created when he left the board because he was not available to continue to serve and now he is available so we welcome him back to serve the community and serve the balance of his term which expires 12/31/2013. Appointment: Zoning Board of Appeals Mayor Johnson announced the appointment of Gillian Kirshe to the Zoning Board of Appeals. She is an attorney with land use experience and has agreed to fill a vacancy left by the recent resignation of Mary Ann Macica. He said it is good to have a volunteer with a legal background to deal with decisions with legal issues. He said the ZBA does have a legal advisor, Assistant City Attorney, Tony Izzo, but it is nice to have a legal perspective from a volunteer on the board as well. ACCOUNTS DEPARTMENT Award of Bid: Auditing Services (11-283) Commissioner Franck said that six firms responded to the RFP to perform auditing services for the City. Toski, Schaefer & Company, PC was the low bidders with $32,000 for each year 2011 -2013. Bollam, Sheedy, Torani & Company, LLP bid $37,000 for 2011, $37,500 for 2012 and $38,000 for 2013; Bonadio Group, CPA’s bid $35,000 for 2011, $36000 for 2012 and $37,000 for 2013; D’Arcangelo & Company bid $35,500 for 2011, $36,300 for 2012 and $37,200 for 2013; Green & Seifter, CPA, PLLC bid $36,500 for 2011, $36,700 for 2012 and $36,900 for 2013; and UHY, LLP bid $58,000 for 2011, $60,000 for 2012 and $62,000 for 2013. Commissioner Franck noted that Toski, Schaefer & Company has worked with Saratoga County. Commissioner Ivins said he received good references from Toski and this is not a reflection against Bollam & Sheedy, it is simply a matter of a lower bid. He said he never requested a forensic audit. Commissioner Franck explained that an audit does not necessarily detect fraud but sometimes it brings it forth; a forensic audit is performed when there is a known issue that they are specifically looking for and it is considerably more expensive. Commissioner Ivins complimented Bollam & Sheedy on the great work they have done for the City in the past including assisting the City with the creation of some policies and procedures. Commissioner Ivins said he has seen the peer review report submitted by Toski, Schaefer & Company; they were the low bidder and have assumed no additional fees. Upon the recommendation of the Finance Department, Commissioner John Franck moved and Commissioner Ken Ivins seconded to award the bid for auditing services to Toski, Schaefer & Company in the amount of $32,000 per annum for years 2011, 2012, and 2013. Ayes - All Page 12 of 17 City Council Meeting 10/04/11 Award of Bid: Potable and Storm Water Testing to CNA Environmental, Inc. (11-284) Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to award the bid for Potable and Storm Water Testing to CNA Environmental, Inc. for various prices. Ayes - All Discussion: Skateboard Park Commissioner Franck said there has been a great deal of discussion pertaining to the concrete skate bowl at the East Side Recreation Field. He has had the opportunity to correspond with Mr. Samuels and heard his and others concerns relative to the filling in of the skate bowl. The Safety Committee has acted as an adviser to the City Council pertaining to this skate park as early as 2004 when it facilitated the move from wooden structures to the steel structures present in the skate park today. He said that given the ongoing dialogue pertaining to this concrete structure he is asking the Safety Committee to revisit the controls present at the Skate Park this past season and review the measures that may be available to the City to allow us to reopen the skate bowl. Commissioner Franck said he would like to also ask for the school district’s assistance - particularly that of the Facilities Director Thomas Clark to work with the Safety Committee since as you may know, the school district leases the East Side Recreation Field to the City, and would need to give us permission as the landlord. Additionally, he will be asking the Safety Committee to request feedback from the skate board community, particularly Mr. Samuels, to better understand their concerns and potential solutions to the issues at hand. Lastly, he will ask the Safety Committee to give the City Council a “cost effective” advisory opinion as to the next best steps for the skate bowl to reopen without liability and additional payroll to the City and the School District. Mayor Johnson said this issue has returned since it began in 2009 when there were severe budget issues impacting decisions. It is a rather expensive skate park even without the bowl. He said the issue came to a head when the bowl was vandalized with obscene graffiti and the City took a measure to deal with it which led to examining liability issues and risk and safety and it was clear there was grave concern over liability and in the interim the solution was to fill in the bowl. He said he has received a written request and is open to discussion with Mr. Samuels; his office has not been ignoring him. Mayor Johnson said that Mr. Samuels seems to want a quicker solution than the City Council is willing to give but he agrees that the issue should be brought back to the Safety Committee. He is open to suggestions and will consider all options; the park is not closed to skate boarders. Commissioner Franck said that the 2009 budget, the economy, the lack of VLT funds each impacted the decision although there were numerous discussions. He said they did come up with signage and there is misconception regarding the fence, it was decided that sand was cheaper than putting up another fence. He noted that there seems to be sufficient fence now. He said this effects every department. Mayor Johnson said the concern regarding safety is of the young, not adults; young children must be protected - adults should have common sense. He said he has received emails from various people, many from those outside the region and we must be careful to ensure that the decision best serves the City tax payer over the benefit of the entire region. Commissioner Ivins said the school had strong opinions about this and the exposure to liability so they must be included in this process. Commissioner Franck said there is risk in everything, even serving on the City Council; he has talked with the City’s insurance provider and there is a need to protect the City. Mayor Johnson said the school is not at fault; he has been in discussions with the school district and the City has a new agreement for use of fields, etc. and it was a joint discussion and meeting are being set up again to see what can be worked up. The school intends to be cooperative and not an obstacle. Commissioner Page 13 of 17 City Council Meeting 10/04/11 Scirocco asked if the skate boarders/park users could negotiate with the Saratoga Springs City School District directly and not with the City. Commissioner Franck responded no, the City is the lessee. Commissioner Scirocco said there is cost to the City, he would do maintenance, but we do not know the condition of the bowl since it has been buried since it was filled in March 2010. Commissioner Franck thanked Commissioner Ivins for stepping in his place and presenting a report on the City’s Novus Agenda system at the New York Conference of Mayor’s fall training school along with Nancy Wagner. FINANCE DEPARTMENT Discussion and Vote: Department of Public Safety Payroll Transfers (11-285) Commissioner Ken Ivins moved and Commissioner Richard Wirth seconded to approve the payroll transfers for the Department of Public Safety as previously distributed. Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (11-286) Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to approve the payroll transfers for the Department of Public Works as previously distributed. Ayes - All Set Public Hearing: 2012 Comprehensive Budget Commissioner Ivins set a public hearing for discussion of the 2012 Comprehensive Budget for Tuesday October 18 at 6:40 p.m. He set a second public hearing for discussion of the 2012 Comprehensive Budget for Tuesday November 15 at 6:45 p.m. Discussion: City Finances Previously discussed. PUBLIC WORKS DEPARTMENT Discussion and Vote: Street Acceptance - Excelsior Avenue and Ormandy Lane (11-287) Commissioner Anthony Scirocco moved and Commissioner Richard Wirth seconded that chapter 201, section 201-1, official street list, entitled “street naming and numbering” be amended to include as public streets Excelsior Avenue and Ormandy Lane located in Excelsior Park and that the acceptance of the streets be conditioned upon the developer filing all necessary deeds and easements in the Saratoga County Clerk’s Office with written proof provided to the City of Saratoga Springs City Attorney’s Office and upon receipt of this document a minimum one-year letter of credit maintenance security will be required and any existing letter of credit will be released. Ayes - All Discussion and Vote: To Show Wagner Road in the City Code Book (11-288) Commissioner Scirocco said that on December 17, 1951 the City Council approved the street acceptance of Wagner Road according to the minutes as previously distributed to this council. Page 14 of 17 City Council Meeting 10/04/11 Commissioner Anthony Scirocco moved and Commissioner Richard Wirth seconded that chapter 201, section 201-1, official street list, entitled “Street naming and numbering” be amended to show Wagner Road in place of Wagner Drive. Ayes – All PUBLIC SAFETY DEPARTMENT Announcement: Lake Avenue Firehouse Open House on Saturday October 15, 2011 1 pm to 4 pm Commissioner Wirth announced that the Saratoga Springs Fire Department will hold its annual open house at the Lake Avenue fire station on Saturday, October 15 at 1 pm to 4 pm. He said this is a great opportunity for families to visit the firehouse and learn how fire service operates and see demonstrations of many life saving techniques. Announcement: Route 50 and Gick Road Intersection Commissioner Wirth said that there have been numerous complaints regarding the intersection of Gick Road and Route 50 and there has been a two-year review of accidents at this site. He said it is not within the total jurisdiction of the City so he sent a letter to New York State asking them to review the safety of this intersection to determine whether the existing controls are acceptable. He announced that a study has been initiated by the New York Department of Transportation and it will be completed within 90 days of September 21, and upon receipt Commissioner Wirth will report the findings of that study to the City Council. He said his department is committed to the safety of the citizens and he thanked residents for bringing this issue to his attention. SUPERVISORS Joanne Yepsen County Budgeting Supervisor Yepsen said the County’s budgeting process is underway; department heads have submitted their requests and the Board will and the County Administrator will review them, then the Board will vote on the budget. She noted that the deficit is not as great as originally anticipated; the first step to address the problem was to examine reduce the proposed 2012 capital budget from $9.1million to $6.8 million with the reductions mostly coming from highway maintenance and parking lots. Supervisor Yepsen reported that the County surplus is $19 million. NYSAC Report Supervisor Yepsen said the New York State Association of Counties conference was held in Lake Placid and there were great workshops. She was re-appointed to the Legislative Committee of NYSAC and the most discussed issue was the 2% property tax cap. She said there is still no real significant relief of unfunded mandates because the State seems to be comfortable with the way things are but they have agreed to work with NYSAC to reduce some of the unfunded mandates and the committee passed a resolution to urge the state to take over the local share of Medicaid. Women Veterans Symposium: October 17th Supervisor Yepsen said that many groups and individuals have been working on the issue of women veterans and there is now a need for everyone to come together to discuss issues and this symposium will be held on October 17. She said this is important because Saratoga County has the fourth largest population of women veterans in New York State, and it is time to meet and determine the next steps that must be taken to serve this group of women effectively. Page 15 of 17 City Council Meeting 10/04/11 NY Horse Park Expo Supervisor Yepsen encouraged everyone to attend the New York Horse Park Expo next weekend at the Saratoga Race Course. She said that leaders should all work together to make the horse park a reality. CREDC Public Forum Supervisor Yepsen said that the Capital Region Economic Development Council is looking for applications from constituents. The website is www.capitalregionopenforbusiness.com; local businesses and stakeholders in this area are encouraged to complete a form and answer three questions to apply for funds for projects by the October 31 deadline. Some of the strong themes are education, sustainability, preparing the workforce for the 21st century. There will be more information to follow. Matthew Veitch Update: NYSAC Conference Supervisor Veitch reported that he is a member of the Economic Development and Rural Affairs Committee and at the NYSAC conference, the committee held a lively discussion on the property tax cap and how it affects economic development. He said the committee passed a resolution urging the state to support two bills that would reduce the cost of doing business in New York. There are two bills currently in assembly, one that will freeze county payments at the current level and reduce them over the next 8 years and this would save about $2 million each year and the money could be used to improve technology, expand road and bridge repairs and lower taxes. Update: Legislative and Research Committee Supervisor Veitch said the committee discussed the possible creation of a local law to prohibit the invasion of invasive species such as milfoil in the waters of Saratoga Lake and Sacandaga Lake. He said that Warren County prohibits the invasion with stiff penalties. The Committee considered whether a state solution with the Department of Environmental Conservation would be a better option and they will conduct research to determine the best solution for Saratoga County. Update: Technology Committee Supervisor Veitch reported that the committee is still looking for money to automate the time/punch system in Saratoga County offices to save money. He said an inventory of computers is being conducted and will be used to improve technical abilities and to create a coherent plan to cost effectively change and upgrade office computers. Mayor Johnson said that the appointment of Jane Hirsch to the Board would not be effective until the first meeting in December. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Ivins seconded to adjourn to executive session for discussion regarding proposed pending or current litigation; personal private information of a person or corporation, matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a person or corporation at 9:50 p.m. The Council returned from executive session at 10:17 p.m. Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to add an item to the agenda, Discussion and Vote, agreement with the Department of Health. Page 16 of 17 City Council Meeting 10/04/11 Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to approve for the mayor to sign an agreement with the New York State Department of Health regarding Sourced Capacity. Ayes - All ADJOURNMENT Mayor Scott Johnson moved and Commissioner Kenneth Ivins seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Johnson adjourned the meeting at 10:19 p.m. Respectfully submitted, Nancy Wagner Clerk Approved: 10-18-11 Vote: 5 - 0 Page 17 of 17