City Council

February 7, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 P.M. – Amend 2012 Capital Budget 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Eric Weller of Saratoga Springs Housing Authority 2. Matt Jones: West Avenue Project WASAD Annual Accounting as of 12/31/11 EXECUTIVE SESSION: CONSENT AGENDA 1. Approve Payroll 2/3/12 $378,765.82 2. Approve Payroll 1/20/12 $424,495.04 3. Approve Payroll 1/27/12 $672,637.95 4. Approve Warrant 2011 Mid 11MWDEC4 $23,675.78 5. Approve Warrant 2012 Mid 12MWFEB1 $6,527.13 6. Approve Warrant 2012 Regular 11DEC5 $115,114.18 7. Approve Warrant 2012 Regular 12FEB1 $321,948.54 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with BCI Construction for Parking Deck at 6 Woodlawn Avenue 2. Discussion and Vote: Easement Agreement – Corner of Beekman and South Franklin Streets 3. Discussion and Vote: Accept Donation from Price Chopper for State of the City Address 4. Discussion and Vote: Accept Donation of Furniture from Ann Taylor Loft for Visitor Center 5. Appointment: Saratoga Springs Housing Authority Board 6. Discussion: State of the City Address ACCOUNTS DEPARTMENT 1. Announcement: Bed Bug Hotline 2. Award of Bid: Extension of Flower and Miscellaneous Supplies Bid to Dehn’s Flowers, Inc. 3. Discussion: South Broadway 4. Discussion: Legal Opinion on Article 3 Section 32 and Legal Standing of the Saratoga Springs Housing Authority Without Bonding for 5 Consecutive Years City Council Meeting 2/7/12 FINANCE DEPARTMENT 1. Discussion and Vote: In Rem Properties and Proceedings 2. Discussion and Vote: Budget Transfers 3. Discussion and Vote: Budget Amendments 4. Discussion and Vote: 2012 Annual Tax Resolution 5. Discussion and Vote: City Fees 6. Discussion and Vote: Approve Warrant 2012 Mid 12MWJAN2 $4,431,099.05 7. Discussion: 2011 4th Quarter Financial Report 8. Discussion and Vote: Reserve Resolution – Ice Rink Improvement and Equipment Capital Reserve Fund 9. Discussion and Vote: Reserve Resolution – Construction, Reconstruction or Acquisition of Parking Structures Capital Reserve Fund 10. Discussion and Vote: 2012 Bond Resolution PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with C.T. Male Associates 2. Discussion and Vote: Reservation Coordinator 3. Discussion: Update on the Ballston Avenue Traffic Improvement Project PUBLIC SAFETY 1. Set Public Hearing: Alternate Side Parking on State Street 2. Announcement: Department of Public Safety to Meet with Residents of Vanderbilt Avenue on February 9 at 7 pm at the Ford Center to Discuss Parking 3. Discussion: Request for Proposal for Ambulance Billing Service SUPERVISORS Joanne Yepsen 1. Report on NYSAC Conference 2. Governor Cuomo’s Presentation to Counties 3. Mandate Relief Web Site 4. Meeting with NYSERDA and Other Agencies 5. Board of Supervisors February Calendar Matt Veitch 1. Technology Committee 2. Legislative & Research Committee 3. NYSAC Conference ADJOURN Page 2 of 21 City Council Meeting 2/7/12 February 7, 2012 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC COMMENT Amend 2012 Capital Budget Mayor Johnson opened the public comment period at 6:57 pm. Mayor Johnson stated they are taking 2 items out of the budget; the Waterfront Project and the Woodlawn garage. The Waterfront Park is being removed as it was contingent upon receiving grant money which we now know we will not be getting. The garage was removed as it was put into the 2011 Capital Budget. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. Page 3 of 21 City Council Meeting 2/7/12 CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 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 7:01 p.m. John Tighe of Rowland Street in Milton stated the Housing Authority is no longer a local issue but now a state issue and could become a national issue. The entire board is a disgrace and has become a model for how not to run a housing authority. On a separate item he is finding the ambulance fees hidden with the dumpster permits. He also sees the City is in the eviction business and the City will be throwing 5 families on the streets. He wonders if any of these people are veterans or have catastrophic health issues that lead them to this situation. He also sees an unnecessary new position on the Public Works agenda; that is neither needed nor wanted by the public. Charlie Morrison of 88 Court Street of Saratoga Springs stated he questions the procedure DPW has followed in advertising the job; screening the applicants and then selecting one and printing her name all over the newspapers when there was no funding. Under the revisions to the Open Meetings Law that went into effect last week states back up information for any item that is on the agenda for decision must be provided to the public in advance of the Council meeting. In the absence of a resolution or job description; you are in violation of the Open Meetings Law. The Charter says certain positions ‘shall’ be filled, not ‘may’ be filled. All positions must be filled before creating new non-chartered positions. We have heard nothing for several years about the City in the Country Plan. Things that define this City are disappearing and the City is the poorer for it. Mark Lawton of 209 Nelson Avenue of Saratoga Springs stated it has been approximately 11 years since the community has approved the current Charter. We have not met the Charter’s mandates and requirements in critical areas. He is speaking to the Human Resource position and the Parks and Open Space position. The filling of these positions is a mandate. He would call this a violation of the basic law and the Charter. It is time to correct this situation. This is not the first time he has appeared before the City Council regarding this situation but brought it back since we have a new Council. In regard to marketing, it is addressed in the Charter in section 5.22. City residents have preference in the rental or the use of any City property. Dave Bronner of 5 Royal Henley Court of Saratoga Springs stated the comments made during the workshop for the EMS service were largely ignored as action on the ambulance was taken that very night. The mayor asked the Fire Chief again for the 2007 study and was told he had the report. This ambulance situation was rammed through and no sunset clause was put in place. He is in support of the other comments made regarding the Reservation Coordinator – say no. He believes the Housing Authority Board needs to ask for Ed Spychalski’s resignation based upon incompetency and all board members should submit their resignations as they have failed as a board. We should appoint new members to the board to start cleaning up that place. Jim Lambalot of 6 Joseph Street stated he is here regarding the fees for the Fire Department. It is not about what you charge it is about what you are reimbursed. If the reimbursement is not there, you don’t make any money. Upon conversation with CDPHP, they indicated they negotiate a fee with each Page 4 of 21 City Council Meeting 2/7/12 ambulance service. He would also like to better understand soft billing that is being talked about. It is a revenue stream question that should be looked into. Remijia Foy of 95 Oak Street stated a letter was written by Mr. Spychalski to Mr. Bradley Birge for a request for $87,000 to fund a reservation project in Jefferson Terrace. The application was not complete therefore the request was denied. She provided a copy of the letter to the Council for record. In 2008 a not-for-profit was created by the Saratoga Springs Housing Authority for Allen Drive. This group has received $463,000 in the last 4 years to promote this project. Mr. Brunelle stated Mr. Spychalski is the contractor for this project and gave him praise. Mr. Brunelle also thought this project was generating revenue. She believes a forensic audit should be conducted on the Affordable Housing Group in addition to the Saratoga Springs Housing Authority. Phil Diamond of 29 Waterview Drive commended Commissioner Franck on a successful workshop last week. He also agrees with Mr. Bronner that the mayor should call for the Housing Authority Board resignation. In regards to the eviction process, he asked the Council to make sure there are no veterans living in those residents. He also feels the ambulance fees should be pulled out of the fees in the Finance Department and they should be tabled until the next meeting. He stated they don’t want or need the Reservation Coordinator. This is counter productive and the person who is currently doing this job is doing a great job as he has worked with her in booking that facility. The whole ambulance issue has not been well thought out. Until we know the net profit to the City we don’t have a basis to compare. David Wright of Stonequist Apartments stated the bed bug issue is still there and he still can’t sleep in his apartment. Ed stated he was going to start the process this week and didn’t. Now he is saying he is going to start the process next week. The only way this is going to be resolved is to get rid of Ed and the rest of the board. Elizabeth Powers of Stonequist Apartments stated the whole mess implicates the whole City at many different levels. To point fingers is a bad way to do things. She stated a ¼ to 1/3 of the people who signed the petition stated their stability is dependent upon Ed still being there. Lisa Vincent of Stonequist Apartments stated she was here last week for the special meeting with the Board of the Housing Authority. She is very dissatisfied with the responses given by the board last week. They stated they hired Jonathan Spychalski in 2005 under the previous director. Her understanding is Jonathan is 20 or 21 years old – if he was hired in 2005 that would make him 13 or 14 years old. The bug inspections were supposed to happen last week, now she is hearing they are going to happen on the 14th. She would like to know who the vendor is and the types of chemicals they are going to use. Theresa Cappazolla of 57 Gilbert Road commented on the State of the City address. In regard to the statement made that the area from exit 13 north is under utilized and underdeveloped. She agrees there are a lot of vacant buildings from Lincoln Avenue south to the Adirondack Trust building. We have a strong City and a beautiful country part of the City; downtown needs help and not competition. Development helps your tax base and lowers your taxes to a point. Anyone who has lived here for more than 20 years knows that development does not lower your taxes; otherwise we would be getting refunds. Kyle York of 59 Railroad Place stated there has been talk about bundling the ambulance fees. He thinks it is being ‘earmarked’. What happened to the campaign literature with all the open door policies? It’s obvious you want to hammer us with ambulance fees. If you are going to do it, do it by the City Code and Charter. The City Codes has hundreds of fees and code but it does not have ambulance. We got a big red tax on the people; he said do the right thing and remove or unbundle it. Rick Thomspon of 26 Frederick Drive of Saratoga Springs stated there was a charge brought up by Remijia Foy regarding the spending of grant money by Affordable Housing. No money can be dispersed until a job is done and receipts/job orders are handed in. He requested the mayor call for a HUD audit. Todd Garofano of the Convention and Tourism Bureau thanked all especially DPS and DPW for their help with Chowder Fest. It was a huge success. Page 5 of 21 City Council Meeting 2/7/12 Mayor Johnson closed the public comment period at 8:45 p.m. PRESENTATION Eric Weller of Saratoga Springs Housing Authority Commissioner Franck stated Mr. Weller was not able to be brought into the workshop via Skype last week due to technical issues. Therefore, he has asked Mr. Weller to join us tonight via Skype to provide any comments he would like regarding the issue. Mr. Weller thanked Mayor Johnson and Commissioner Franck for the opportunity to address the Council. He was appointed in 2000 by Mayor Klotz after serving 25 years on the Civil Service Commission. He was asked to create a document policies and procedures for the board. The document is over 40 pages. The final draft was approved by the board in 2002 and has been amended and expanded several times since. He mentioned this to underscore the condition of the Housing Authority a decade ago. He reminded everyone that the Authority pays a sum of money in lieu of taxes according to HUD rules. The annual evaluation scores given to the Saratoga Springs Housing Authority by HUD have risen from 71 to 96 over the past 6 years. A score of 70 and below is considered failing and a target for take over by HUD and the staff would be subject to dismissal. Commissioner Franck thanked Mr. Weller for his comments. He confirmed Mr. Wellers first year was 2000. That was the last year the board came in front of the City Council regarding salary increases under Article 3 Section 32. He asked if the board has discussed the applicability of this article. Mr. Weller stated they have discussed it and forwarded the question to their attorneys. HUD audits them every year and sets the rules. HUD has given them wonderful marks for running a good show. Commissioner Franck asked Mr. Weller if he knows when HUD bought out their bonds. Mr. Weller stated it happened long before he joined the Board. Commissioner Franck stated the case law is strong and the opinions are strong. The Housing Authority was set up as a municipal housing authority and you still go in front of Civil Service. Up to 2000, which is well after the bonds were paid off, the Saratoga Springs Housing Authority still came in front of our Civil Service. Westlaw section 450 states they are still under state law even though they receive federal money. If we find the state law has been broken regarding salaries, the salaries would need to be reduced back to what they were. If the law is correct, the assets revert back to the City. Mr. Weller stated he is aware of some cases, such as Troy, where the oversight and approval of the budget was dropped by the Troy City Council. Commissioner Franck asked Mr. Weller if he knew the amount that was being paid to the public relations firm. Mr. Weller stated they were paying $175 per hour but have terminated them as they were not satisfied with the results. Commissioner Franck asked Mr. Weller if he knows the people who live at the Jefferson Street location. Mr. Weller stated he assumed it was someone who qualified as section 8. Commissioner Franck asked if there was any further discussion regarding why Mr. Spychalski’s private e-z pass was in a Housing Authority vehicle. Page 6 of 21 City Council Meeting 2/7/12 Mr. Weller stated he knew it was Mr. Spychalski’s but there was no further discussion. Commissioner Franck asked if Mr. Weller could check on the number of outstanding leases at their next board meeting. It was told to him Mr. Spychalski is not giving leases to some people as a means to control them. Mr. Weller stated that didn’t sound plausible to him. Commissioner Madigan stated she asked last week if there was a process regarding how they go about establishing a salary increase. She didn’t feel she got an answer to that question. Mr. Weller stated a number of years ago there was a recommendation by Council (pg. 12 of handbook) to make the executive director salary comparable to a principal in the Saratoga Springs school district. One thing that has never been in place before is an evaluation procedure. Everyone gets evaluated, even those that don’t get paid (board). Commissioner Madigan stated the salary is out of scale for the executive director for the matrix that was mentioned. Mr. Weller stated they combined some positions and never replaced one position. Commissioner Madigan put a request in for a forensic audit. Mr. Weller stated they could bring on the forensic audit, they have nothing to hide. Mayor Johnson stated his understanding is the Housing Authority is getting quotes from exterminating companies. Treatment may begin as early as the end of this week. Matt Jones: West Avenue Project WASAD Annual Accounting as of 12/31/11 Commissioner Madigan stated Matt Jones of the West Avenue Special Assessment District is here. He will be providing an annual accounting as of 12/31/11. Matt Jones stated he is the lawyer for the West Avenue Special Assessment District. The purpose of the report is to annually reconcile books and report to the Council. The program adopted was for payment by the district over 25 years and there are 15 more payments to go on an annual basis. For the past 2 years the district has used it surplus, about $50,000 to reduce the tax levy. The first 3 or 4 years of the formation of the district there was a need for the focus on reconciliation. The last 6 years the district has elected not to engage in a number of activities such as snowplowing. He has thought about amending the local law which would replace the City Council with the current Board of Directors of the district. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approve Payroll 2/3/12 $378,765.82 2. Approve Payroll 1/20/12 $424,495.04 3. Approve Payroll 1/27/12 $672,637.95 4. Approve Warrant 2011 Mid 11MWDEC4 $23,675.78 5. Approve Warrant 2012 Mid 12MWFEB1 $6,527.13 6. Approve Warrant 2012 Regular 11DEC5 $115,114.18 7. Approve Warrant 2012 Regular 12FEB1 $321,948.54 Ayes – All Page 7 of 21 City Council Meeting 2/7/12 MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with BCI Construction for Parking Deck at 6 Woodlawn Avenue (12-32) Mayor Johnson stated the Council does have the documentation in this regard. The timeline and completion date is before our racing season this year. The overall dollar amount has been worked out and added to slightly. Tom Roohan, chair of the committee is here to provide an overview. Tom Roohan of 55 Warren Street and chair of the Parking Committee stated the committee has been meeting every Wednesday. DPW has been out to the site to help National Grid find the infrastructure. They also met with the Chief of Police regarding closed circuit TV, security, and call boxes. The committee also talked about charging stations for electric cars, LED lighting, etc. They believe they are putting together a deck everyone will be proud of. Mayor Johnson asked Mr. Roohan to provide a list of the changes that have been made to the facade. Mr. Roohan stated this parking deck has an internal ramp which will be on Long Alley. They talked about a snow discharge dump area, an additive for corrosion protection; both with added to the cost. The company doing the pre-cast attends every meeting. They are concerned about graffiti protection and washing the deck. Mayor Johnson stated they will be coming in just under 500 spaces. They have decided to go up – 4 story structure – rather than out. By doing this they are only utilizing 2/3 of the lot. There are options for the future use of the other 1/3 of the lot. The BCI team along with the Committee has done a great job with this; Commissioner Franck was involved from the beginning with the public/private partnership and Commissioner Scirocco was also involved. The base contract is $4,382,000 plus the additions of $344,086 for a total amount of $4,726,086. This is under the projected $5 million price tag projected when it was a concept. He showed a picture of the proposed garage. Commissioner Franck thanked Tom Roohan and all the committee members. He asked if there was any discussion by the committee regarding use if the garage if it isn’t going to be completed in time. Mr. Roohan stated there hasn’t been any discussion regarding that. The benefit of pre-cast is it is done indoors. Commissioner Franck asked if there has been any talk regarding electronic signs that state the garage is full. Mr. Roohan stated the Special Assessment District is working on a signage program. The only signage that has been discussed relates to height. Commissioner Franck asked if the poles are coming down on Long Alley. Mr. Roohan stated all the lighting will come down. Long Alley will be an exit. Commissioner Franck asked if Long Alley will be widened as it is very narrow. Mr. Roohan stated Long Alley will stay one way. It will remain open during the construction phase as there are a lot of deliveries. Commissioner Scirocco commended the Committee on a great job. He asked if the Committee has discussed parking availability while the construction is happening as we will lose a lot of spaces during construction. Page 8 of 21 City Council Meeting 2/7/12 Mr. Roohan stated it is a concern of theirs. They are looking at some of the properties at Washington and Federal and other properties. Commissioner Madigan stated the garage looks fantastic. She confirmed the statement made regarding savings somewhere. Mr. Roohan stated we saved money in the way of obtaining more parking than originally planned. Commissioner Madigan asked if we know what is going on with the Lillian’s lot. Mr. Roohan stated he was informed by Mr. Bonnacio that the construction of the Lillian’s lot will not conflict with the construction of the parking garage. Mayor Johnson stated the Lillian’s lot has gone through the planning process approval stage and it is a matter of days before they sign off and we move to closing and receive the money. That should be within the next 30 days. Commissioner Mathiesen asked for the construction starting date. Mr. Roohan stated March. Commissioner Mathiesen asked for the completion date. Mr. Roohan stated the end of July. Commissioner Mathiesen confirmed there was a clause in the contract stating there is a return of money for each day they are late. Mayor Johnson explained we collect from the contractor for each day it construction goes beyond the completion date. This will be paid for from account H3416952/52000/1181. Mayor Johnson moved and Commissioner Scirocco to allow the mayor to enter into this agreement as described. Ayes - All Discussion and Vote: Easement Agreement – Corner of Beekman and South Franklin Streets (12-33) Mayor Johnson stated Tony Izzo is here to describe this. Tony Izzo stated in this case the individual wants to give a piece of personal property to the City. There is a City culvert there and this resident wants to give this property as an easement repair. Mayor Johnson moved and Commissioner Scirocco seconded to enter into the easement agreement as described. Ayes - All Discussion and Vote: Accept Donation from Price Chopper for State of the City Address (12-34) Mayor Johnson moved and Commissioner Mathiesen seconded to accept the donation of 2 platters of cookies from Price Chopper for the State of the City Address. Ayes - All Page 9 of 21 City Council Meeting 2/7/12 Discussion and Vote: Accept Donation of Furniture from Ann Taylor Loft for Visitor Center (12-35) Mayor Johnson moved and Commissioner Scirocco seconded to accept the donation of 3 tables from Ann Taylor Loft for the Visitor Center. Ayes – All Appointment: Saratoga Springs Housing Authority Board Mayor Johnson officially appointed Al Callucci to the Saratoga Springs Housing Authority Board. He is sure Al will do a great job. Discussion: State of the City Address Mayor Johnson stated the State of the City Address was delivered last Sunday at the City Center. The address is posted on the website for anyone who missed it. ACCOUNTS DEPARTMENT Announcement: Bed Bug Hotline Commissioner Franck advised the public that if they have any issues with or find bed bugs, they should call either of the City Code Enforcers, Dan Cogan or Kevin Veitch. The main number for City Hall is 587-3550 - Dan’s extension is 2518 and Kevin’s extension is 2634. Award of Bid: Extension of Flower and Miscellaneous Supplies Bid to Dehn’s Flowers, Inc. (12-36) Commissioner Franck moved and Commissioner Scirocco seconded to extend the bid for Flowers & Miscellaneous Supplies to Dehn’s Flowers, Inc. for an additional year under the same terms and conditions. Ayes - All Discussion: South Broadway Commissioner Franck advised he has been working with Matt Veitch on this. A committee has been set up with himself and Matt being co-chairs. The committee is called GAPS – Gateway Action Program of Saratoga. They are talking about the southern corridor; starting at the Saratoga Springs line on Rt. 9 and going north to Lincoln Avenue. Supervisor Veitch stated he and Commissioner Franck and each Council member and supervisor will have a selection of a person to the Committee for a 9 member committee. Commissioner Franck stated approximately 1 out of 3 buildings do not have a tenant or is up for sale. Super Veitch named the following properties as vacant: The Big Apple (Joe Collins), AIM Services, and 3386 Rt. 9 – Weathervane Restaurant. Commissioner Franck listed the following properties as vacant: Paridisio Restaurant, Champion Car Dealership, 146 S. Broadway (old Dairy Queen), Spa City Diner, and a rent a car center. He went on to say they can’t change the zoning nor do they want to change the zoning. They are setting up a 9 member committee and asked each council member to appoint someone to this ad-hoc committee. Matt has the zoning background and his is with assessments. He is worried about these vacancies and if not filled it will spread into the City. Page 10 of 21 City Council Meeting 2/7/12 Matt explained there are 5 different zones between exit 13 and Lincoln Avenue. We should look at the City as a whole but this area in particular seems to be a problem. Commissioner Franck stated he wants to promote the ‘green-belt’ but doesn’t want to promote the ‘rust- belt’. We have to put some type of incentive out there. The stretch from Adirondack Trust to Lincoln Avenue is ripe for development and hopes some of the developers attend the meetings. He would like committee member recommendations by the next meeting. The Committee will regularly update the City Council and have recommendations by the spring. Commissioner Mathiesen stated problems with the look of South Broadway goes back a way. People have been routing people around it. It is like a 1950’s Saratoga; this is a great idea to see what we can do to re- invent it. Mayor Johnson stated this is something discussed during the State of the City Address. It is to our benefit to incorporate some fiscal impact analysis to give a big picture of what can be done. Commissioner Franck stated the best part is the infrastructure is there. Mayor Johnson stated the timing is ripe now for a review of the comprehensive plan. Discussion: Legal Opinion on Article 3 Section 32 and Legal Standing of the Saratoga Springs Housing Authority Without Bonding for 5 Consecutive Years Commissioner Franck stated he does not believe that just because they retired the bonds 15 -20 years ago, therefore they become a federal agency. He read the following from section 450 of the Public Housing Law into the record: “A municipal housing authority, to be known as the Saratoga springs Housing Authority, is hereby created and established for the City of Saratoga springs in the county of Saratoga for the accomplishment of any or all of the purposes specified in article eighteen of the constitution of the state of New York. It shall constitute a body corporate and politic and consist of five members. It shall have the powers and duties now or hereafter conferred by this chapter upon municipal housing authorities. It shall be organized in the manner prescribed by and subject to the provisions of this chapter, and the authority, its members, officers, and employees and its operations and activities shall in all respects be governed by the provisions of this chapter. Such authority shall have perpetual duration; provided, however, that if at the expiration of five years subsequent to the time this section as hereby added takes effect, there shall be outstanding no bonds or other obligations of such authority theretofore issued for any of the purposes authorized in this chapter, then its corporate existence shall thereupon terminate and such authority shall thereupon be deemed to be and shall be dissolved.” Commissioner Franck asked the mayor if they can review it or if not to have outside counsel review it. Other pages provided are opinions or cases that discuss directly or indirectly Article 3 Section 32 cases. He provided everything he has found including salaries. If we find Article 3 Section 32 this does apply, then all the raises since 2000 are null and void. He called HUD and they will not answer this. He also wants to verify the City does not have liability with this Housing Authority. Commissioner Madigan stated she asked our bond counsel about this. They received information back stating the Saratoga Springs Housing Authority was created April 24, 1957 pursuant to Section 450 of the New York Public Housing Law. The interpretation of our bond counsel was if the housing authority did not finance a project in the City through the issuance of its bonds or other obligations by April 24, 1962, then it would have ceased to exist at that point in time. The language does not mean the Housing Authority will cease to exist 5 years subsequent in time when it no longer has any bonds or other obligations outstanding. Commissioner Franck stated he has heard that before but it has gone to court. He could not find any cases on this one way or the other. Money is supposed to be put back into the product when it is a non- for-profit; it is not suppose to be hoarded. The score will probably go down with the bed bug situation. He Page 11 of 21 City Council Meeting 2/7/12 is requesting a legal opinion to clear the air on bonding and the Article 3 Section 32. It doesn’t make sense to him that the members can be appointed by the mayor but there is no control at the municipal level. Commissioner Scirocco asked if the Housing Authority was to be dissolved, who would be responsible for the maintenance. Commissioner Franck stated he doesn’t know the answer. In the IDA format it went back to the town; he thinks it might be the case here. The City would have to take it over for a short period of time and then turn it over to a private entity. He really can’t answer the question that is why he is asking for a legal opinion on this. Commissioner Madigan stated it seems everyone is passing the buck. We need a strong legal opinion on this. Mayor Johnson stated he will defer this information to the City Attorney’s Office for further review. FINANCE DEPARTMENT Discussion and Vote: In Rem Properties and Proceedings (12-37) Commissioner Madigan stated in-rem is a process that started several months ago. It is time for the Council to determine the next steps. She introduced Mike King to answer any questions regarding this. Mike King stated in the fall of 2010, they started the in-rem (Article 10) proceeding. They haven’t had one of these in 10 years as they had to wait until they had enough parcels with liens for an attorney to take the case. The first step is to identify the properties they are going to foreclose on; then they file a motion with the court system; then we do a title search; and send a mailing to the property owners to give them time to pay back taxes. We started with 115 properties and through notifications it was reduced to 31 properties that the City took. They are also required to do postings in various places. Mr. King stated it was over $1 million dollars in uncollected property taxes and over $700,000 of it was collected through this process. A summary judgment was filed after June 15, 2011 and title was taken on September 9, 2011. Now it is up to the City Council to determine if the City wants to retain the properties or put them out to auction. Commissioner Madigan asked Mr. King if he knew the amount of time these properties were in arrears. Mr. King advised each property has its own story. Some properties have been in arrears for 10 years, others may be less. They picked up 8 houses of which 5 are owner occupied and building lots. Commissioner Franck stated there are 3 types of taxes; City, County and school. If the taxes aren’t paid, does the City have to make those others whole? Mr. King advised the City does need to make them whole. The school district is made whole through the Article 11 proceedings. Commissioner Franck asked for the breakdown of the taxes per dollar. Mr. King stated school is the biggest piece; probably twice the City and County. Commissioner Franck wanted to make it clear to the public it is not just the City tax; we are fronting this whole thing. There are properties that are 1 and 2 years delinquent and are not included here. Commissioner Madigan stated she would like the Real Estate Committee to make a recommendation on each one of these properties on their assessed value and whether we should sell or retain. Page 12 of 21 City Council Meeting 2/7/12 Commissioner Franck stated Mr. Popolizio can provide veteran information. Commissioner Scirocco asked if the owner can buy back the property. Mr. King stated they cannot and the purchaser will be asked to sign a document stating they are not acting on behalf of the owner and have no relationship to the owner. Mr. King stated the Article 11 wipes out all liens on all these properties. Commissioner Madigan reminded the Council and the public of a motion made by Commissioner Ivins and passed by the Council on September 6, 2011 which allows any property owner to purchase their property back before date of auction for the appropriate past taxes and associated fees. Mayor Johnson stated if we choose to put properties up for auction and that property is occupied; the new owner is able to what they want with the tenant. Mr. King stated that is correct; the County does the same thing. Commissioner Scirocco asked if the City would be liable to plow and mow these properties if we take these properties over. Commissioner Madigan stated yes; they are City properties. Commissioner Madigan moved and Commissioner Franck seconded to approve the list of properties be referred to the Real Estate Committee for recommendations regarding disposition; Marilyn Rivers be added to this Committee for this purpose; and the Committee’s recommendations be provided to the Council members by Wednesday, March 21, 2012. Ayes - All Discussion and Vote: Budget Transfers (12-38) Commissioner Madigan stated she is concerned with the number of budget transfers and the possible negative effect on the City’s rating. A lot of these transfers are to correct input errors in the 2012 budget. There are 4 sets of transfers; revenue, benefits, payroll, and all others. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 payroll transfers previously distributed. Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 benefits transfers from the HRA administrative fee line to the other funds line to correct an input error in the health reimbursement funds; transfer from the juvenile aid social security line to the Police Department social security line corrects an input error in the 2012 budget. Ayes – All Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers to or from revenue as previously distributed. Ayes – All Page 13 of 21 City Council Meeting 2/7/12 Commissioner Madigan moved and Commissioner Scirocco seconded to approve other 2012 budget transfers as previously distributed. Ayes - All Discussion and Vote: Budget Amendments (12-39) Commissioner Madigan stated there are 3 sets of amendments; increases, decreases, and benefits. Commissioner Madigan moved and Mayor Johnson seconded to approve the 2012 budget amendment decreases previously distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget amendment increases previously distributed with the agenda. Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget amendment benefits previously distributed with the agenda. Ayes - All Discussion and Vote: 2012 Annual Tax Resolution (12-40) Commissioner Madigan moved and Mayor Johnson seconded to approve the 2012 tax resolution as previously distributed with the agenda. The resolution is as follows: RESOLVED, that the City of Saratoga springs, New York on this 7th day of February, 2012 at 7:00 PM adopt and confirm the 2012 Tax Roll carrying a levy on the inside district of $9,969,014.47 for the city and $4,870,809.04 for the County; total Inside District levy $14,839,823.51. Levy on the Outside District of $8,382,557.61 for the City and $4,144,007.00 for the County: total Outside district levy of $12,526,564.61 making a total tax levy of $27,366,388.12 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rats per one thousand dollars of assessed valuation. INSIDE DISTRICT RATES CITY $6.0238 COUNTY $2.931885 OUTSIDE DISTRICT RATES CITY $5.9498 COUNTY $2.931885 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the relevy of the 2011 Utility Tax in the amount of $478,810.97. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2012 Saratoga Lake Special Improvement Tax for the Saratoga Lake Improvement District in the amount of $96,663.69. FURTHER RESOLVED, that the City Council of the city of Saratoga Springs, New York adopt and confirm the 2012 Special Assessment Tax for the Saratoga Springs Special Assessment District in the amount of $85,002.46. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2012 West Ave. Special Assessment District tax for the Saratoga springs West Ave Special District in the amount of $50,922.93. Page 14 of 21 City Council Meeting 2/7/12 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2012 Gilbert Rd. Water District Tax for the Saratoga Springs Gilbert Rd. Water District in the amount of $19,477.56. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2012 Gilbert Rd. II Water District Tax for the Saratoga Springs Rd. II Water District in the amount of $3,015.00. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2012 Omitted Tax in the amount of $2,731.96. Total 2012 Tax Roll $28,103,012.69 Ayes - All Discussion and Vote: City Fees (12-41) Commissioner Madigan stated the 2012 City fees were brought to the December 6, 2012 City Council meeting. Upon posting these fees to the web, it was discovered that the package provided to the Council for approval was not complete. For clarity, the director of finance requested these fees return to the table for approval. The Council has been provided summary changes. Commissioner Mathiesen went over the rates that were set last week based upon the SEMS rates. Commissioner Madigan advised the fees for curbs and sidewalks were accidentally omitted from the list of fees and they have now been added back in. The fees for curbs and sidewalks are remaining the same as 2011. Commissioner Scirocco requested the fees for the Casino be pulled as he would like to consider the suggestion made at the agenda meeting. He will bring the fees back at the next council meeting. Commissioner Madigan asked Commissioner Scirocco if the 2011 fees can remain intact for now until he brings the corrected fees back to the table. Commissioner Scirocco stated that would be fine. Mayor Johnson stated he was a little surprised that they didn’t have a separate item or vote for the ambulance fees. That was the point of bringing it up tonight. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 fees previously submitted with the agenda with the following amendments: the 2011 Canfield Casino rates will be used and all other fees are as is. Mayor Johnson stated he was disappointed the EMS fees weren’t handled differently. Commissioner Scirocco stated he would like to keep the Casino rates in place the way they are right now. Commissioner Mathiesen stated there was no attempt to slide anything past anyone or to hide them. This was discussed at length Thursday night and asked to revisit this tonight. It was announced and in the papers. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 fees submitted with the agenda without amendments. Ayes – All Discussion and Vote: Approve Warrant 2012 Mid 12MWJAN2 $4,431,099.05 (12-42) Commissioner Madigan advised she removed this warrant from the Consent Agenda due to its unusual size. This warrant contains the NYS Retirement payments for police and fire retirements systems in the amount of $2,467,931. It also contains employees annual retirement $1,507,019. Page 15 of 21 City Council Meeting 2/7/12 Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the warrant 2012 Mid 12MWJAN2 distributed with the agenda in the amount of $4,431,099.05. Ayes - All Discussion: 2011 4th Quarter Financial Report Commissioner Madigan stated this is a reminded that the City’s 4th quarter does not end until the end of February 2012. The 4th quarter report will be available as soon as possible after that date. Discussion and Vote: Reserve Resolution – Ice Rink Improvement and Equipment Capital Reserve Fund (12-43) Commissioner Madigan moved and Mayor Johnson seconded to approve the reserve resolution – Ice Rink Improvement and Equipment Capital Reserve Fund as previously distributed with the agenda. Commissioner Madigan advised if this is approved, the Recreation Department will be able to use $43,000 from the ice rink improvements and the equipment capital reserve for improvements to the Weibel and Vernon rinks as called for by the 2012 capital budget. The resolution is as follows: WHEREAS, the City Council of the city of Saratoga Springs established the Ice Rink Improvement and Equipment Capital Reserve Fund on November 7, 2006 for the purpose of “construction, reconstruction or acquisition of improvements and equipment for the Weibel Avenue and Vernon ice rink facilities”, and WHEREAS, the Council now finds that a $43,000.00 expenditure is required to maintain ice rink boards, water heaters, dehumidifies and sprinkler system mains for continued operation of the Weibel and Vernon Ice Rinks. This expenditure will be made in accordance with the purposes of the Ice Rink Improvement and Equipment Capital Reserve Fund; NOW, THEREFORE, BE IT RESOLVED, that the above described expenditure is hereby approved in accordance with the Ice Rink Improvement and Equipment Capital Reserve Fund. Ayes - All Discussion and Vote: Reserve Resolution – Construction, Reconstruction or Acquisition of Parking Structures Capital Reserve Fund (12-44) Commissioner Madigan moved and Mayor Johnson seconded to approve the reserve resolution – construction, reconstruction or acquisition of parking structures capital reserve fund as previously distributed with the agenda. The resolution reads as follows: WHEREAS, the City Council of the City of Saratoga Springs established the Construction, Reconstruction or Acquisition of Parking Structures Capital Reserve Fund on November 7, 2006 for the purpose of financing a type of capital improvement, specifically, the construction, reconstruction or acquisition of parking structures, and WHEREAS, the Council now finds that a $350,000.00 expenditure is required for the construction of a parking deck on Woodlawn Avenue. This expenditure will be made in accordance with the purposes of the Construction, Reconstruction or Acquisition of Parking Structures Capital Reserve Fund; NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure is hereby approved in accordance with the Construction, Reconstruction or Acquisition of Parking Structures Capital Reserve Fund. Commissioner Madigan advised if approved this will allow the Mayor’s Department to use $350,000 from the construction, reconstruction or acquisition of parking structures capital reserve fund for the Woodlawn parking deck as called for by the 2011 capital budget. Ayes - All Page 16 of 21 City Council Meeting 2/7/12 Discussion and Vote: 2012 Bond Resolution (12-45) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the bond resolution distributed with the agenda. Commissioner Madigan stated this is not the financing; just authorizing the Commissioner of Finance to finance the projects as needed. Mayor Johnson asked if anything was done after the agenda meeting yesterday regarding the discussion to keep this as open as possible. Commissioner Madigan stated she did not make any further changes. Mayor Johnson stated he has been working over the past 4 years with Christine Brown to make it as open ended as possible. He asked if the resolution was drafted by bond counsel. Commissioner Madigan stated it was and the capital committee. Mayor Johnson stated he would be more comfortable if a condition was put on this; he will work with her office. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson – Aye PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with C.T. Male Associates (12-46) Commissioner Scirocco stated the DEC approved a reduction in ground and surface water monitoring at the landfill from quarterly to semi-annually in 2009. The DEC also reduced the monitoring of explosive gas from quarterly to semi-annually in 2000. Landfill monitoring services are to include semi-annual water monitoring, semi-annual explosive gas monitoring, and annual report preparation. The 2011 quarterly report was $10, 682.75 and the 2012 semi-annual report was $9,217.75 with a savings this year of $1,465. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement addendum with C.T. Male in the amount of $9,217.75 for the post closure monitoring of the Weibel Avenue Landfill for 2012. Commissioner Madigan advised this appropriation is in the Public Works line A3638184/54720. Ayes - All Discussion and Vote: Reservation Coordinator Commissioner Scirocco stated he is not going to take a vote tonight as he doesn’t think he has the votes. At the May 3, 2011 Council meeting Commissioner Ivins reported the rentals at the Casino were down. He worked on a rate study and found we were not competitive and needed to update our current plan. We were not able to have people look at the building after hours or on weekends unless we brought someone in on overtime; there was no marketing of the building being done; and only occasional events during the wee. He also stated more should be done with other locations such as High Rock or the carousel. Taking all this into consideration, he looked at the duties of the working supervisor 1 in Congress Park; that is Page 17 of 21 City Council Meeting 2/7/12 when he found out this title was the same as all the other working supervisors. There were duties that were added that he felt could have serious ramifications for the person currently holding that position. This forced Civil Service to pull the payroll because of Civil Service law. He quoted the Civil Service law that would prevent the person currently in this working supervisor 1 position from performing these duties. On September 8, 2011 he sent a memo to Civil Service advising he was looking to re-organize some of his personnel and of the positions he felt were not properly classified and would create and out of title issue. Civil Service did see this as a problem and did move to re-classify this position and remove the clerical duties. Duties were added back to make the working supervisor 1 position consistent with all the other working supervisor 1 positions. He worked with Civil Service to create a title that would be incompliance with Civil Service Law and would better fit what this position needed; Reservation Coordinator. The Civil Service Commissioner adopted the title and classification unanimously at their September 8, 2011 meeting. No one is going to lose their job; this protects the person currently in that job. The new position was created, grade and salary established. The union agreed to a memorandum of understanding stating this position could work flexible hours to deal with the overtime situation as there are no flex hours in the DPW contract. The union filed an improper practice stating his neither executive assistant nor the office coordinator could do the job because they were not in the DPW bargaining unit; the outcome is still pending. Because they have been tracking the revenues, they see they have gotten better. The new position would put together a marketing plan for the City to promote these facilities and generate the needed revenues. He believes the position will pay for itself. If the Council decides not to fund this position he is not sure what the next step is. Commissioner Franck stated real numbers are the only thing that counts. The funding was not in the budget; a transfer was going to be made. There was a 4 – 1 vote to create the position with Commissioner Franck being the dissenting vote; and a 5 – 0 vote for the budget and the funding was not in the budget. Commissioner Scirocco has been given more and more money in the labor’s line and then the money is transferred to secretary lines, coordinator lines, etc. He doesn’t see this as an essential service position. He read several excerpts from the mayor’s State of the City Address regarding the need to control spending and doing more with less. Commissioner Franck stated he is not against the person, he thinks the person is a fabulous choice. Commissioner Scirocco stated he has to deal with Civil Service. Commissioner Franck stated you could have left the person in the position and changed the position. He looked at Commissioner Scirocco and saw he was given an extra $300,000 for labor. Commissioner Scirocco stated he is looking at doubling the revenue. He asked much money do you not want to make. Commissioner Franck stated Commissioner Scirocco hasn’t shown him anything that would indicate he would make this money. He asked what the revenues were for the Casino in 2011. Commissioner Madigan advised the revenue for 2010 was $382,261. Commissioner Scirocco stated he doesn’t know where that number came from. Commissioner Madigan stated the revenue for 2011 is $353,000 to date; we don’t have the final numbers yet. Commissioner Franck advised that in most businesses, a person hired has to make 2 to 2 ½ times what you pay them after benefits. Commissioner Scirocco stated the issue is Civil Service. Commissioner Franck stated that person was picking up shortages because DPW was down people. Commissioner Scirocco could have corrected that. Page 18 of 21 City Council Meeting 2/7/12 Commissioner Scirocco stated when they looked at that position with Civil Service they saw clerical duties. Civil Service stated it is an issue. Commissioner Franck stated Civil Service has given him options to keep the person and not be out of class. Commissioner Scirocco stated it is an issue with Civil Service and he will have to deal with it. Commissioner Madigan stated the revenue has been steady and strong at around $350,000 per year over the last 4 years. Commissioner Scirocco stated the potential is there to generate another $100,000 - $150,000. Commissioner Madigan stated a simple RFP would allow us to find out what we could generate and it is something that could be outsourced. This situation has been aired more in the press that at the table. Commissioner Scirocco stated he is willing to say it is over and he will deal with it. Discussion: Update on the Ballston Avenue Traffic Improvement Project Commissioner Scirocco stated on February 1st the City was approved for an additional $577,000 for funding of the Ballston Avenue project. They have been seeking additional funding to include the additional intersection of Ballston Avenue and Lincoln Ave. The total project money was brought to $1,413,000. The City’s share will be $70,650. He thanked Mark Beniquista, Brad Birge, and Tim Wales for being on the committee and fighting for this money. Commissioner Franck stated for the record that he owns property in that zone. PUBLIC SAFETY DEPARTMENT Set Public Hearing: Alternate Side Parking on State Street Commissioner Mathiesen set a public hearing for February 21st at 6:55 p.m. Announcement: Department of Public Safety to Meet with Residents of Vanderbilt Avenue on February 9 at 7 pm at the Ford Center to Discuss Parking Commissioner Mathiesen stated they will be meeting with the residents of Vanderbilt Avenue at the Ford Center on February 9th. Commissioner Wirth has changed the parking regulations on Vanderbilt and would like to have some input from the public before they go any further. Mayor Johnson asked Commissioner Mathiesen if he has spoken to the chair of the Recreation Commission. Commissioner Mathiesen stated he has spoken with him. Mayor Johnson asked if they would discuss cutting back some of the restrictions. Discussion: Request for Proposal for Ambulance Billing Service Commissioner Mathiesen stated given the concerns regarding an RFP for contracting with an ambulance billing company, his department worked with the Accounts Department to put an RFP out. The RFP will open on February 15th at 2:00 p.m. The RFP is on the City’s website. He thanked Deputy Kellner-Chille, Stephani Voigt, Marilyn Rivers, and Lisa Ribis for their assistance. Page 19 of 21 City Council Meeting 2/7/12 SUPERVISORS Joanne Yepsen Report on NYSAC Conference Supervisor Yepsen reported there was a 3 day conference of the Association of Counties. They discussed unfunded mandates, how to go more green, property tax cap, etc. They hold the conference near Albany so they can invite state leaders. Governor Cuomo’s Presentation to Counties Supervisor Yepsen stated the governor spoke to the counties reforming the pension system, doing something about the counties’ Medicaid costs, etc. Mandate Relief Web Site Supervisor Yepsen reported a website has been created for the mandate relief. You enter your name and the county you live in and a letter is automatically generated. The site is ww.enoughmandates.com. Meeting with NYSERDA and Other Agencies Supervisor Yepsen stated 4 representatives from Sustainable Saratoga attended the meeting. They received updates for various programs such as Smart Communities, Cleaner Greener New York, etc. Board of Supervisors February Calendar Supervisor Yepsen stated the calendar for the meetings of the Board of Supervisors is out. Matt Veitch Technology Committee Supervisor Veitch stated they have a large agenda on Thursday. They are doing ‘cable mining’ which is taking dead wires out of the County; they are reviving the time and attendance system; pc project to replace computers at the County; etc. One of the goals for 2012 includes updating their website. Legislative & Research Committee Supervisor Veitch reported he doesn’t sit on this committee. They outlined their 2012 legislative program. The big items that will be pushed are the mandate relief on Medicaid, support pension tier VI, and make sure the state maintains the VLT on a go forward basis. NYSAC Conference Supervisor Veitch stated he also attended the NYSAC Conference. They passed 2 resolutions to send to the state. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for discussion regarding proposed, pending or current litigation; personal private information of a Page 20 of 21 City Council Meeting 2/7/12 person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation at 10:55 p.m. The City Council returned at 11:14 p.m. Mayor Johnson advised there is one item to report to the public. Commissioner Franck moved and Mayor Johnson seconded to an item to his agenda regarding the settlement of an Article 7 case for 27 Division Street – parcel # 165.59-1-19. Ayes - All Commissioner Franck moved and Commissioner Mathiesen seconded to settle the Article 7 case for parcel #165.59-1-19 (27 Division Street) as follows: the negotiated assessed value of this property for 2009 is $1,254,080.00 with a refund amount of $5,806.04; the negotiated assessed value for 2010 is $1,215,000.00 with a refund amount of $6,521.76; and the negotiated assessed value for 2011 is $1,230,000.00 with a refund amount of $6,695.08. There is no refund for 2012 as there will be an adjustment made to their tax bill. Ayes – All ADJOURNMENT Mayor Johnson moved and Commissioner Madigan seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 11:17 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 3/20/12 Vote: 5 - 0 Page 21 of 21