City Council

November 1, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Third Quarter 2011 Report 2. Police Comp and Overtime 3. Saratoga County Trail Maps EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 10/18/2011 City Council Minutes 2. Approve Budget Amendments 3. Approve Mid Warrant 2011 11MWOCT2 $622,560.63 4. Approve Payroll 10/28/11 $389,653.82 5. Approve Payroll 10/21/11 $394,841.02 6. Approve Regular Warrant 11NOV1 $346,516.94 7. Approve Budget Transfers MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval for the Mayor to Sign the 2011 CDBG Entitlement Subrecipient Contracts 2. Announcement: Zoning and building Inspector 3. Announcement: Formation of RFP Committee for Woodlawn Parking Deck ACCOUNTS DEPARTMENT 1. Award of Bid: City Hall Main Roof Replacement to Moisture Barriers, Inc. 2. Award of Bid: Removal & Disposal of Municipal Solid Waste to County Waste & Recycling Services, Inc. City Council Meeting 11/1/11 FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Safety Payroll Transfers 2. Discussion and Vote: Department of Public Works Payroll Transfers 3. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Moisture Barriers, Inc. 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Unified Court System PUBLIC SAFETY 1. Announcement: Installation of Crosswalk at South Franklin at Oak Street 2. Announcement: Saratoga Springs Fire Fighters Conducted Live Burn Training Exercise During the Week of October 24th SUPERVISORS Joanne Yepsen 1. County Update 2. Regional Economic Development Council Funding Matt Veitch 1. Saratoga County Trail Maps ADJOURN Page 2 of 10 City Council Meeting 11/1/11 November 1, 2011 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Gerald Lundgren, 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 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. Mayor Johnson opened the public comment period at 7:02 p.m. Page 3 of 10 City Council Meeting 11/1/11 Charlie Samuels of 58 Court Street stated he is here because of the skate bowl. He would like to dig it out before the ground freezes. He has given a presentation to the Safety Committee and the Recreation Commission. They have all agreed to excavate the bowl. He is doing everything he can to make it easy for everyone here. Otis Maxwell of 191 Circular Street is here as a parent in support of the skate bowl. Charlie Samuels has done the due diligence he has been asked to do and has received favorable results. Now is the time to take action. Michelle Madigan of 30 Horseshoe Drive stated she had a question for Commissioner Ivins. She stated he didn’t budget enough in the DPW budget for labor. It leads her to believe he may possibly be considering layoffs in that department and hasn’t had a chance to come forward with that yet. Barbara Trypaluk of 211 Circular Street is here regarding the plan for the proposed EMS station at the Waterfront. Saratogians have not public place on the lake at this time. She was here when $100,000 was sunk into this plan for architectural design. She wants to know if that money is down the tubes. The plan is ridiculous and is also a violation of the Open Space Law. Mayor Johnson closed the public comment period at 7:08 p.m. PRESENTATION Third Quarter 2011 Report Commissioner Ivins introduced Christine Gillmett-Brown to present the 2011 third quarter report. He advised the report was previously given to the Council and will be available on line and in the City Clerk’s Office in the morning. Christine Gillmett-Brown advised property taxes are approximately 85% collected. We received the VLT aid on June 23, 2011 for the full one time payments. The sales tax figures are looking to be approximately 2% higher than last years numbers at this time; occupancy tax is looking to be a little less than where we were last year. The NYRA admissions tax was received in September this year rather than in October as usual so the revenues for the general fund are going to look increased compared to September 30, 2010. Mortgage tax is looking to be about where we budgeted and CHIPS aid is also a timing issue. We received a bulk of our CHIPS aid where last year most of that was received in the last quarter. We have about 73% revenues collected to date. Most revenues are looking as expected at this time. Police Comp and Overtime Commissioner Ivins stated there has been a lot of discussion about police comp and overtime. A handout was provided. In 2004 & 2005 we were doing well and then there were a number of years where comp time and over time kept rising. At one time Chief Moore gave a presentation of why overtime was so high. The basis of that presentation was if more officers were added, comp and overtime could be reduced. With the decrease in officers, they still were able to reduce overtime and comp time – he commended Commissioner Wirth on that. A key factor is the Council got past the memorandum of understanding. He tries to budget the realistic case not the worst case. In 2007 we were up over 12,000 hours and then it climbed again. Now we are under 10,000 hours. Predicting what is going to happen next year is hard. We have to do our best to figure it out as closely as we can. Other things that go into this number are injuries and retirement. Commissioner Wirth thanked Commissioner Ivins for the presentation. He commended and thanked his deputy, Frank Dudla for his efforts and all the management for tightening their belts. Saratoga County Trail Maps Page 4 of 10 City Council Meeting 11/1/11 Supervisor Veitch stated the County, Saratoga PLAN, and the Saratoga Chamber of Commerce have partnered to work on this project. The trail maps have now been put on line for easy access. There are three ways to access the maps: through the Saratoga Plan website, through the Saratoga County GIS system, and through the GIS clearinghouse site. Supervisor Veitch showed how to access the sites and how the maps will look on line. There is a lot of information displayed such as hills, how long a trail is, type of surface, etc. There are over 200 miles of walking trails and 120 miles of snowmobile trails on line. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 10/18/2011 City Council Minutes 2. Approve Budget Amendments 3. Approve Mid Warrant 2011 11MWOCT2 $622,560.63 4. Approve Payroll 10/28/11 $389,653.82 5. Approve Payroll 10/21/11 $394,841.02 6. Approve Regular Warrant 11NOV1 $346,516.94 7. Approve Budget Transfers Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approval for the Mayor to Sign the 2011 CDBG Entitlement Subrecipient Contracts (11-298) Mayor Johnson stated this was before the Council in February 2011. At that time the Council accepted the Citizen’s Advisory Committee’s recommendations for awarding of these grants. Tonight they have the contracts that need to be approved to disperse the money. The dollar amount has gone down since February, as expected. The recommendations accepted in February totaled $407,170 and the amount has been reduced to $341,252. Mayor Johnson advised of the following subrecipients and dollar amounts: o Domestic Violence/Rape Crisis Center Emergency Shelter Counselor - $12,573 o Legal Aid Society Homelessness Prevention Project - $10,059 o Catholic Charities Mentoring Program - $8,383 o Saratoga County Economic Opportunity Council Multi-cultural Services Program - $3,355 o Mother Susan Anderson Emergency Shelter – Program Funds - $3,355 o Saratoga Affordable Housing Group – Property Rehabilitation - $67,043 o City-wide Rehabilitation Grant Program - $62,853 o Dept. of Public Works – Infrastructure Improvement - $25,143 o Dept. of Public Works – Senior Center Heating/Cooling System - $24,028 o Franklin Community Center Facilities Improvements - $23,886 o Frederick Allen Lodge Historic Building Preservation - $18,858 o Mother Susan Anderson Emergency Shelter Rehabilitation Project - $14,668 o Rebuilding Together Rehabilitation Project - $8,383 o Community Development Program Administration - $58,665 Commissioner Ivins stated he wanted to disclose that he does volunteer work for one of these organizations but is not a decision maker. Mayor Johnson moved and Commissioner Scirocco seconded to approve entering into the contracts and the revised dollar amounts as described. Page 5 of 10 City Council Meeting 11/1/11 Ayes - All Announcement: Zoning and Building Inspector Mayor Johnson stated the new zoning and building inspector, Thomas McKnight, started on October 31, 2011. He has a strong background in construction. He was hired at the starting salary of $75,000 which is in the budget. Announcement: Formation of RFP Committee for Woodlawn Parking Deck Mayor Johnson announced the following individuals have been appointed to the committee: Tom Roohan on behalf of DPW, Bill McTygue on behalf of the Accounts Department, Mark Benaquista on behalf of the Department of Public Safety, Jerry Lundgren on behalf of the Department of Finance, and James Grande on behalf of the Mayor’s Office. In addition to those appointed, Tim Wales, City Engineer will assist this committee. He expects the RFP to be issued within the next 2 weeks. ACCOUNTS DEPARTMENT Award of Bid: City Hall Main Roof Replacement to Moisture Barriers, Inc. (11-299) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the City Hall Main Roof Replacement to Moisture Barriers, Inc. in the amount of $83,850 for the base bid; plus $9,100 for Alternate 2; and $13,600 for Alternate 3. Ayes – All Award of Bid: Removal & Disposal of Municipal Solid Waste to County Waste & Recycling Services, Inc. (11-300) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Removal & Disposal of Municipal Solid Waste to County Waste & Recycling Services, Inc. for items 1, 2, and 3 for various prices. Ayes – All *** Commissioner Franck moved and Commissioner Ivins seconded to add an item for discussion to Commissioner Franck’s agenda regarding the skate bowl. Ayes – All Discussion: Skate Bowl Commissioner Franck stated he asked the Safety Committee to review a skate at your own risk policy and the potential of re-opening of the skate bowl. At the October 20, 2011 meeting, Safety Committee voted 14 – 1 in favor of re-opening the skate bowl. During the October 24, 2011 Recreation Commission meeting, they also voted in favor of re-opening the skate bowl however they made it clear that they did not have any finances to assist with this. He also met with Dr. White who stated the school district had no problem with this and it didn’t have to in front of their board be voted on. Dr. White did ask that before the re-opening of the bowl, she receive a letter from the Recreation Committee stating they are now in favor of re-opening the skate bowl just to have it on record. The City Council never voted to close down the bowl. We were having problems with graffiti and the lack of supervision due to budget constraints, so the bowl Page 6 of 10 City Council Meeting 11/1/11 was filled in with dirt. If things changed, the bowl would still be savable. He stated on October 26, 2011 Mr. Samuels sent an e-mail to Commissioner Scirocco and he read that letter. He stated he would be willing to transfer money to Commissioner Scirocco’s overtime line to save DPW to get a big part of the dirt out. We would have all volunteers sign an indemnification agreement which has been put together to indemnify the City. Once the dirt has been removed, the bowl has to be assessed as to whether there is any damage and the cost (if any) to repair the damage. Commissioner Scirocco stated he would entertain the idea. He read Mr. Samuels’ letter and knows the bowl has been filled for approximately a year but does not know what type of fill was put in there. He would want to have engineering take a look at it before anyone touches anything. They could then assess the damage. Commissioner Franck stated he is not looking for DPW to assess the damage – that would be done by engineering. How would you assess the damage if it is filled? He suggested putting the dirt right next to the bowl so if it is determined the bowl is beyond repair, they can just fill it back in. The only way this cab be assessed properly is to take the dirt out. Commissioner Scirocco stated they followed a protocol with the school district when they filled in the bowl. Before they do anything they should go back to the school district to follow their protocol. Commissioner Franck stated he has an e-mail from Dr. White. All they are asking for is a letter before we re-open it, not to remove the dirt. Commissioner Scirocco stated he has no objections to opening it. He is concerned there are issues with the school district. Commissioner Franck offered to meet with Commissioner Scirocco and the school district. He also advised the agreement between the school district and the City does not preclude the City from opening the bowl; it is for maintenance only. He is looking to have less damage to the bowl. Mayor Johnson stated his department has had discussions with Dr. White as recent as today. He agrees the Department of Education does not have to weigh in on this but Dr. White feels their Property Committee does have to address the issue to re-open the bowl. Commissioner Franck confirmed to re-open not to remove the dirt. Mayor Johnson asked what would be the purpose to remove the dirt if the school district is going to be against opening the bowl. His understanding is they have to weigh in on the decision and they are not meeting until November 14th. Commissioner Franck stated again he was told the review would have to take place for the re-opening not for the removal of the dirt. It doesn’t make sense how anything can be assessed without taking the dirt out. In his opinion, if all the other committees have said go ahead and there is nothing in our agreement that precludes us from removing the dirt, why wouldn’t we take the dirt out? Delaying it another 2 weeks doesn’t make any sense. Commissioner Scirocco stated it was his understanding the reason the bowl was originally filled in was due to the integrity of the bowl. There were structural issues. He can have engineering do a few test pits and see what has taken place since it has been filled in. Mayor Johnson asked Commissioner Scirocco how long it will take engineering to do what he wants them to do. Commissioner Scirocco stated he could have someone over there sometime this week. Commissioner Franck suggested filling the bowl back in if it is determined that the bowl’s integrity has been compromised and beyond repair. Page 7 of 10 City Council Meeting 11/1/11 Commissioner Scirocco stated upon his discussions with engineering, he doesn’t believe they need to take all the dirt out to determine the integrity of the bowl. They can do some testing to see if there are issues with the bowl. Commissioner Franck stated he can’t make Commissioner Scirocco bring his equipment there; however, he asked him to not misrepresent the liability and what other people have said. Commissioner Scirocco stated the smartest way to go about this is to have engineering take a look at it. Commissioner Franck stated he agrees engineering should take a look at it. Commissioner Scirocco stated the testing will protect the users, the City, everyone. Commissioner Franck stated there are no users until we take the dirt out and get past all these things. Commissioner Scirocco asked why the bowl was filled in. Commissioner Franck explained it was filled in because Commissioner Scirocco wasn’t happy, rightfully so, with the contract from the school district, due to budgetary reasons DPW lost staff, graffiti and possible damage due to the power-washing. We had 4 choices: we could have left it as is, put a fence around it, fill it with concrete, or fill it with dirt. He believes the reasoning for the dirt was if we came up with a solution we could remove the dirt. Over the past year they have spoken with insurance departments, and reviewed studies and found out the worst thing for the bowl is dirt. Commissioner Scirocco stated the dirt in the bowl could have compromised the integrity of the bowl. Commissioner Franck advised the city engineer, Tim Wales, is on the Safety Committee and voted to take the dirt out. Mayor Johnson suggested letting Commissioner Scirocco have tomorrow to talk to the City Engineer and then Commissioner Franck and Commissioner Scirocco can talk about this the next day. He asked Commissioner Scirocco to talk to the city engineer and get back to Commissioner Franck and the Mayor’s Office. FINANCE DEPARTMENT Discussion and Vote: Department of Public Safety Payroll Transfers (11-301) 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: Department of Public Works Payroll Transfers (11-302) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Ayes – All Discussion: City Finances Commissioner Ivins stated they received sales tax figures for August and are up from August of 2010. We should have September’s figures before November 30th. Health insurance did come in lower than the Page 8 of 10 City Council Meeting 11/1/11 health insurance companies originally gave us figures for. He was told liability insurance may go up a bit from what was originally put in the budget. Commissioner Franck advised they had been told there is an 8% increase. His office is working on this with the insurance company and they are talking to a few other insurance companies. Commissioner Ivins stated he knows if there is anyone who can get the rates down it is Marilyn. Mortgage tax came in $76,000 ahead of budget. Some departments are asking for additional funds; we do have a little to play with. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Contract with Moisture Barriers, Inc. (11-303) This is for the main roof replacement of City Hall; the main roof will be taken down to the deck. The 2 alternatives that are part of the agreement are for the replacement of the roof over the Police Department Detective’s Unit and the Mayor’s Department. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign a contract with Moisture Barriers, Inc. for the renovation of the City Hall roof in the amount of $106,550. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Unified Court System (11-304) Commissioner Scirocco explained the City renews its agreement with the court annually. The agreement runs from April 1, 2011 – March 31, 2012. Due to the state’s budget issues, they were only able to now forward this contract. Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a renewal agreement with the Unified Court System for the period of April 1, 2011 – March 31, 2012 in the amount of $35,003. Ayes - All PUBLIC SAFETY DEPARTMENT Announcement: Installation of Crosswalk at South Franklin at Oak Street Commissioner Wirth advised he had discussions with the Council prior to tonight and decided they should deal with the situation and move forward. He has spoken with Mr. Gene Corsale to inform him that the crosswalk will be installed. Commissioner Scirocco stated this will be an improvement in that area as it is a safety issue. Announcement: Saratoga Springs Fire Fighters Conducted Live Burn Training Exercise During the Week of October 24th Commissioner Wirth announced the exercise was impressive. Deputy Chille suited up and went into the fire. The exercises are very important and he expressed a sincere thank you to the firefighters for what they do for all of us. Page 9 of 10 City Council Meeting 11/1/11 SUPERVISORS Joanne Yepsen County Update Supervisor Yepsen advised the supervisors still have not been shown the budget for 2012. Departments were still being asked to cut as recently as August of this year. There are several big problem areas; one being Maplewood Manor. They need to figure out how they can continue the services without taking money out of their surplus each year to do so. They are looking at a 1 1/5% increase in sales tax revenue. There will be a public hearing the end of November before their vote on the budget in December. Regional Economic Development Council Funding Supervisor Yepsen advised there are 10 regions throughout New York State. Municipalities and non- profits are applying. The application deadline has been extended until the end of the day today. Due to the number of applications being received there was a computer overload. Saratoga County put in one application for the Zim Smith Trail. Mayor Johnson mentioned he was at the meeting on October 20, 2011. The City of Saratoga Springs submitted 4 applications; a third level on the Woodlawn parking deck, rehabilitation of the Canfield Casino, development of the Waterfront Park, and a cleaner, greener initiative. We did get our applications in on time so we are hopeful. Matt Veitch Saratoga County Trail Maps Supervisor Veitch advised this was covered earlier during the presentation section of the meeting. Home Energy Assistance Program (HEAP) Supervisor Veitch stated he received a letter yesterday regarding the energy assistance program. The program for regular benefits for year 2011/2012 is scheduled to start November 16, 2011 and emergency benefits are scheduled to start January 3, 2012. He suggested calling the Department of Social Services at 884-4140 or go to the County website if there are any questions. 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 8:16 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 11/15/11 Vote: 4 - 0 Page 10 of 10