City Council

October 2, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:45 PM – PH – Amend Chapter 225-72 One Way Street to Add Glenmore Avenue 6:50 PM – PH – Local Law #5 of 2012 – Relative to Occupancy Tax 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. 2013 Comprehensive Budget EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 9/4/12 City Council Minutes 2. Approve Budget Amendments (Increases) 3. Approve Budget Transfers - Regular 4. Approve Payroll 9/28/12 $424,614.10 5. Approve Payroll 9/21/12 $386,160.90 6. Approve Warrant 2012 Mid – 12MWOCT1 $2,961,336.66 7. Approve Warrant 2012 Mid – 12SEP2 $492,600.35 8. Approve Warrant 2012 Reg – 12 OCT1 $216,774.99 MAYOR’S DEPARTMENT 1. Discussion and Vote: Accept Donation from Friends of Recreation 2. Announcement: Saratoga Springs Recreation Programs & Events 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen for Engineering Services for Route 50/geyser Road Intersection 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with Pinnacle Human Resources, LLC 5. Announcement: Brown Bag Lunch ACCOUNTS DEPARTMENT 1. Award of Bid: Household Hazardous Waste Day to Care Environmental Corporation 2. Discussion: Correction September 4th Accounts Agenda City Council Meeting 10/2/12 FINANCE DEPARTMENT 1. Discussion and Vote: Enact Local Law #5 Relative to Occupancy Tax 2. Discussion and Vote: Budget Amendments – Insurance 3. Discussion and Vote: Budget Transfers – Payroll 4. Discussion and Vote: Budget Transfers – Benefits 5. Announcement: 2013 Comprehensive Budget PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Care Environmental Corp – Household Hazardous Waste Day 2. Discussion: Water Sale and Distribution Agreements with Wilton PUBLIC SAFETY 1. Announcement: Thank You to Saratoga Springs Fire Fighters 2. Set Public Hearing: Amend the 2012 Capital Budget 3. Discussion and Vote: Amend Chapter 225-72; Schedule VII One-Way Street – Add Glenmore Avenue 4. Discussion and Vote: Authorization to Pay Vander Molen for fire Engine Repair Work 5. Discussion and Vote: Authorization for Mayor to Sign Contract with Ryan Biggs for Professional Services 6. Discussion: Stabbing on September 23, 2012 7. Announcement: Public Meeting on October 23, 2012 at the Public Library SUPERVISORS Joanne Yepsen 1. Legislative and Research Committee 2. Mental Health Relocation 3. Grants to You October Class Announcement Matt Veitch 1. 2013 County Capital Budget ADJOURN Page 2 of 12 City Council Meeting 10/2/12 October 2, 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 Joanne Yepsen, Supervisor Matthew Veitch, 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 HEARINGS Amend Chapter 225-72 One-Way Street to Add Glenmore Avenue Mayor Johnson opened the public hearing at 6:47 p.m. Commissioner Mathiesen stated this is to make a permanent change to Glenmore Avenue to be a one- way. This will be for the portion that runs between West Circular Street and Grand Avenue. No one spoke. Mayor Johnson closed the public hearing at 6:50 p.m. Page 3 of 12 City Council Meeting 10/2/12 Local Law #5 of 2012 – Relative to Occupancy Tax Mayor Johnson opened the public hearing at 6:50 p.m. Commissioner Madigan stated the occupancy tax is dictated by the County and City. The on-line travel companies have been charging the customers retail rates but remitting taxes at the wholesale rate. The County recently revised its law and the City plans to follow suit with the revision of our law as well. Todd Garafano, president of the Saratoga Convention and Tourism Bureau thanked Commissioner Madigan and the Council for bringing this forward tonight. They are fully supportive of this. This is not a new tax but one that closes a loop hole. It forces funds to come back to Saratoga Springs and the County that should have been coming to us all along. 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 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. Lori Dawson of 4 Marion Place stated she is here to present a letter from the League of Women Voters (attached). They applaud the Council’s decision to bring the matter of the City Charter to vote. They request the Council fully inform the voters of the ballot question. They also requested the information be posted on the City’s website. Commissioner Madigan advised a copy of the proposed Charter is on the City’s web on the front page. Diane Patneaude of 12C3 Vanderbilt Terrace stated they were referred to as ‘low lives’ by a uniformed officer. She didn’t appreciate that and thinks it was disrespectful. It was ignorant of the officer who did this. The cops are rude and disrespectful. Al Callucci of 9 Lexington Road stated he was just made aware of this issue otherwise he would have brought it to their attention. A conversation like that is not professional. Bonnie Sellers of 73 5th Avenue stated she is vice-chair of SUCCESS. She stated in the spirit of transparency, she wanted to be sure the proposal on the City’s web site indicates what is an addition to the Charter and what is current language. Commissioner Franck advised all the changes have to be in brackets. Mayor Johnson closed the public comment period at 7:06 p.m. PRESENTATION 2013 Comprehensive Budget Page 4 of 12 City Council Meeting 10/2/12 Commissioner Madigan presented the 2013 Comprehensive Budget. The 2013 comprehensive budget is designed to rebuild the foundation upon which the City’s government was built. There is an excess fund balance of $1,522,574 and will be part of the comprehensive budget. She recommended the Council: 1. set aside $500,000 in the City Tax Stabilization Reserve; 2. set aside $236,287 for the retirement reserve; 3. set aside $236,287 for Capital Reserve for buildings; and 4. use $550,000 in the City’s debt service fund for the capital budget program. Commissioner Madigan’s recommendations save funds for future needs, defray the property tax levy, and maximize the number of building, infrastructure, and equipment projects critical to the stability of the City. Commissioner Madigan announced the proposed 2013 General Fund budget is $39,794,135.49; an increase of approximately $2,545,458.38. The increase includes many factors such as mandated costs, contingency planning, essential services, and equipment. Mandated expenditures include: wages, benefits, gas, oil, health insurance, retirement costs, etc. The contingency expense line covers: emergencies, unexpected situations, and increases in unsettled contracts. Essential services includes: the ambulance program, public safety personnel, and equipment in DPW and DPS. The Department of Public Works and Department of Public Safety are hindered if not provided the proper equipment. Other expense increases were kept to a minimum and include: off street parking and tree budget, etc. Spending decreases include: DPW labor lines, IT hardware and professional services, assessment legal and appraisal fees, etc. Commissioner Madigan advised there are 5 main revenue sources supporting the 2013 comprehensive budget: real property tax, sales tax, state aid, mortgage tax, and VLT aid. Sales tax for 2012 is running about 9% higher than this time last year and includes collection through the end of July. Mortgage tax is also project to be above what was proposed for 2012. Other increases in revenue include the ambulance program, occupancy tax, and compost. Revenues that are expected to increase in 2013 include: compost, fire inspection, false alarm, franchise fees, NYRA general admission tax, and rent for the Vernon Ice Rink. Commissioner Madigan stated expected decreases in revenue include: FEMA Safer Grant, planning board fees, interest and penalties on taxes, utilities tax, and sale of transfer station bags. Modifications to the 2013 capital budget are: the Geyser Road Trail project was reduced, the 41 Jefferson Street parking lot was removed, the fire station audio PA system was removed as it has already been installed, street sweeper, loader, and the Music Hall air conditioning project was removed. The total proposed debt service budget for 2013 is $3,058,130. The main revenue source supporting these expenditures is property tax and fund balance. The amount available to bond as of December 31, 2013 is an estimated $46,707,090. Commissioner Madigan stated the inside district tax rate is proposed as $6.0232 or a decrease of 0.01%. The outside district tax rate is proposed as $5.9456 or a decrease of .07%. Commissioner Madigan thanked each Council member and her deputy, Lynn Bachner for her help in putting the proposed 2013 comprehensive budget together. CONSENT AGENDA Mayor Johnson moved and Commissioner Franck seconded to approve the consent agenda as follows: 1. Approval of 9/4/12 City Council Minutes 2. Approve Budget Amendments (Increases) 3. Approve Budget Transfers - Regular Page 5 of 12 City Council Meeting 10/2/12 4. Approve Payroll 9/28/12 $424,614.10 5. Approve Payroll 9/21/12 $386,160.90 6. Approve Warrant 2012 Mid – 12MWOCT1 $2,961,336.66 7. Approve Warrant 2012 Mid – 12SEP2 $492,600.35 8. Approve Warrant 2012 Reg – 12 OCT1 $216,774.99 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Accept Donation from Friends of Recreation (12-325) John Hirliman of the Recreation Department announced they received a donation of $2,817.50 from the Friends of Rec for the AED and its installation at the Recreation Center. Mayor Johnson moved and Commissioner Franck seconded to accept the donation as described. Ayes – All Announcement: Saratoga Springs Recreation Programs & Events John Hirliman of the Recreation Department announced they are holding basketball registrations on a first come first serve basis. The zumba program is running every Monday from 6 – 7 p.m. Program information can be found on the website. Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen for Engineering Services for Route 50/Geyser Road Intersection (12-326) Mayor Johnson stated this is a 3 party agreement for engineering work to design traffic improvements at the intersection of Route 50 and Geyser Road. The Saratoga County IDA is providing all funding to Greenman-Pedersen. The City will serve as project manager but there is no City funding. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into this contract on behalf of the City. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Pinnacle Human Resources, LLC (12-327) Mayor Johnson stated this agreement is for a month to month agreement. Funding will come from budget line A3011434 / 54720. This is a follow up to the cancelled agreement by the Council. This will be on a month to month basis. He made a modification to paragraph 9 to say “either party may terminate performance under this agreement by notifying the other in writing at least 30 days in advance of the effective date of termination”. The scope of services under this agreement for services to be provided are the same as previously while we continue to sort out what we want to do as a Council long term. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement as listed, described and revised at the table. Commissioner Madigan stated the wording for cancellation is still awkward to her. It looks like they end up with a 60 day notice period and not a 30 day notice period. Mayor Johnson stated he did verify this with the city attorney. This protects us in the event Pinnacle wants to terminate the contract. This is typical in a month to month agreement for professional services. Page 6 of 12 City Council Meeting 10/2/12 Commissioner Madigan also inquired if Schedule A, #10 could be re-written so all Council members can have the same access to human resources. Mayor Johnson stated he has never limited any department’s access to human resource. It is the same scope of work they have been providing the City. He is not a gatekeeper as to the use of human resources; he doesn’t monitor that. Commissioner Madigan stated she would like to see it changed to say all Council members and would also like it to say we can terminate within 30 days. She will be voting no unless we can make those 2 changes. Commissioner Mathiesen stated he had the opportunity to meet Carl, the new human resource person, last week. He was not aware that we were going to a month to month contract with Pinnacle. He thought it was said that Pinnacle would not be willing to do so. Mayor Johnson stated he spoke with Pinnacle and they were very professional about the situation. They did not want to leave the City in a lurch. This is not going to happen overnight; therefore, if he didn’t bring this forward tonight, we would have no human resource service as of October 12th. The new representative has extensive background of human resources and Civil Service. Commissioner Mathiesen stated he is glad they are going to do this and we have a human resource person. Commissioner Scirocco stated he feels its best for the City to have someone in place. He stated he wasn’t sure what Commissioner Madigan’s concerns are regarding this. Commissioner Madigan explained again she has concern with the wording of the 2 areas. Mayor Johnson stated in regard to paragraph 10 – other duties as the mayor may assign; that is there because someone has to be a point person. The logical designee would be him because under the City Charter, H.R. is under his department and he would be fully in charge to hire someone. Commissioner Franck stated although he was accused with not having a plan, there were numerous people that would have jumped in. He is fine with this agreement. Ayes – 4 Nays – 1 (Commissioner Madigan) Announcement: Brown Bag Lunch Mayor Johnson announced there will be a brown bag lunch will be held on October 11, 2012 at noon. The topic is men of African descent. ACCOUNTS DEPARTMENT Award of Bid: Household Hazardous Waste Day to Care Environmental Corporation (12-328) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Household Hazardous Waste Day to Care Environmental Corporation. Commissioner Franck stated they were the lowest qualified bidder. Ayes – All Discussion: Correction September 4th Accounts Agenda Page 7 of 12 City Council Meeting 10/2/12 Commissioner Franck stated this relates to the presentation he did on September 4th. At the end of the presentation he mentioned various employees who had grieved their assessments. He mentioned Deputy Lynn Bachner has grieved her assessment in 2004. She was not deputy at the time, but she did grieve her assessment. He just wanted to make that correction. FINANCE DEPARTMENT Discussion and Vote: Enact Local Law #5 Relative to Occupancy Tax (12-329) Commissioner Madigan stated occupancy tax is dictated by County and City law. The total tax within the City limit is 6%; of that amount the County receives 1% and the City receives 5%. The 5% is further allocated to 1% remaining with the City, 2% goes to the City Center, and 2% goes to the Saratoga Convention and Tourism Bureau. On-line travel companies have been charging customers retail prices but remit taxes based on a wholesale cost. This local law uses language similar to the County. Tony Izzo, assistant city attorney stated this incorporates the idea of a room marketer within the framework of our existing local law. The amendment is part of City Code Chapter 212. Commissioner Madigan moved and Commissioner Franck seconded to enact Local Law #5 Relative to Occupancy Tax. Ayes – All Discussion and Vote: Budget Amendments – Insurance (12-330) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget amendments – insurance which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (12-331) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers – payroll which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Benefits (12-332) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers – benefits which were distributed with the agenda. Ayes – All Announcement: 2013 Comprehensive Budget Commissioner Madigan announced the budget workshops will be held on October 11th at 5 p.m., October 17th at 1 p.m., October 23rd at 6 p.m., October 29th at 9:30 a.m., and November 1st at 6:30 p.m. if needed. The first public hearing is scheduled October 16, 2012 at 6:45 p.m. PUBLIC WORKS DEPARTMENT Page 8 of 12 City Council Meeting 10/2/12 Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Care Environmental Corp – Household Hazardous Waste Day (12-333) Commissioner Scirocco stated this is for the household hazardous waste day. This will be held October 20th at the Weibel Avenue Ice Rink from 8 a.m. – 12 p.m. An appointment must be made through the Department of Public Works. This was started by the previous administration and they want to continue as it is a worthwhile program. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Care Environmental for the Household Hazardous Waste Program in the amount of $20,000. Funding is in line A3638204 / 54739. Ayes - All Discussion: Water Sale and Distribution Agreements with Wilton Commissioner Scirocco stated the agreement on the table is to sell the Wilton Water & Sewer Authority approximately 5,000 gallons per day for Floral Estates. He asked the city attorney to look at this to determine if we can do this. The response from the city attorney is we can do this. We are talking about 5,000 gallons of water per day and we are allowed to sell up to 250,000 gallons per day to Wilton. The revenues go into the water and sewer budget to help pay down the debt. If we don’t attempt to raise revenue from other sources, the water rates will increase. It is $54,000 in connection fees that will go toward the debt service. This agreement happened in 2011 and he would have brought a contract forward at that time if it was necessary. Everything in computed based upon metered sales. He is trying to make this all work for the residents of the City. Commissioner Madigan stated the question is if another agreement is required to do this. You said you had another agreement and is comfortable with brining it forward. Commissioner Scirocco stated he will bring one forward if he needs to. Commissioner Franck stated reading the 2001 amendment; it is clear. This was supposed to be for commercial; they didn’t want residential sprawl. He believes you have to go through the process. There is also the question of SEQRA; is it required and if so does it need to be a full one. Commissioner Madigan stated one thing the city attorney’s memo did not respond to is the meter. It is clear to her that the current contract states it must go through the meter on Weibel Avenue and Loudon Road. Commissioner Mathiesen stated he has no problem with working with Wilton or selling water for small sections of residential. There are stipulations in the 1997 and 2001 agreements that would preclude us from at this point in time without an amendment to these agreements. It specifically describes water coming from the meter on Loudon Road and going to the commercial district. This residential area isn’t within those boundaries. He does believe a new agreement is required. He has no problem amending the agreements to provide for the sale. Joe Scala, city attorney stated he is not sure how much he can add to the memo as the memo was detailed. Commissioner Madigan stated again that she noticed the meter wasn’t addressed. Joe Scala stated he didn’t address the meter because it is a mechanical question. It was his understanding it was going to comply with that and they were working on how to address that. Page 9 of 12 City Council Meeting 10/2/12 Commissioner Scirocco stated based upon the city attorney’s decision regarding whether we could sell water outside the commercial zone, they gave the ‘ok’ for them to tap the line on Ingersoll Road. Every drop of water is being metered; it is not flowing through the commercial meters. There is no cost to the taxpayer; no cost for the meter or infrastructure. Commissioner Madigan asked Commissioner Scirocco if he is opposed to coming forward with a new agreement as there could be leverage we could use with the new agreement. Commissioner Mathiesen asked Mr. Scala why the piece about the meter wasn’t addressed in his memo. Joe Scala advised at the time of the memo he understood that requirement was being complied with. Commissioner Mathiesen stated the Floral Estates water will not be flowing through that meter. Joe Scala stated apparently that is what is happening but that was not the indication at the time. Mayor Johnson stated we do have opinion from both city attorneys that this current agreement does allow the sale of water to Floral Estates. The Council is not in agreement with that interpretation; whether right or wrong. Some of the Council seems to want another contract. In fairness to Floral Estates, their agreement is with Wilton Water Authority; our agreement allows us to sell water to Wilton Water Authority, not Floral Estates. His analysis is Wilton is content to go under the current agreement. Commissioner Scirocco stated when they met with Wilton Water; they had their attorney there and were willing to go under the current agreement. He is basing his opinion on the legal opinion of the city attorney. She stated she has a legal opinion from the attorney of 1998 which she will share with the Council tomorrow. She received this at 5:45 p.m. tonight and has not been able to look at it as she was preparing for the budget presentation. She suggested that Commissioner Scirocco come back to the table with an amendment. Commissioner Mathiesen pointed out the Mr. Scala said he was under the impression the meter that would be used to supply water to Floral Estates is not the case. He thinks an amendment to the agreement should be done to better address the new supply of water to Wilton. Let’s describe exactly what we are doing here. Commissioner Franck stated he always hears we have to follow a process or can’t add an item to the agenda because there is a process; but we are going to do this? He believes the agreement is specific. He stated it doesn’t hurt to bring an agreement back at the next meeting. Commissioner Scirocco stated he will talk with the city attorney further. The meter was installed based upon his authority under the Charter to have individual houses tap the City waterline. That is not Wilton infrastructure; it is a City waterline. It was always the intent to negotiate with the Town of Wilton for a truck bypass and that never happened. He thinks this is something that will benefit the City. PUBLIC SAFETY DEPARTMENT Announcement: Thank You to Saratoga Springs Fire Fighters Commissioner Mathiesen thanked the Saratoga Springs Fire Fighters for saving Gene Corsale’s life on September 9, 2012 during a memorial service for 9/11. Mr. Corsale had a letter printed in yesterday’s Saratogian to express his thanks to the fire and police for saving his life. Set Public Hearing: Amend the 2012 Capital Budget Page 10 of 12 City Council Meeting 10/2/12 Commissioner Mathiesen set a public hearing for Tuesday, November 6, 2012 at 6:30 p.m. Discussion and Vote: Amend Chapter 225-72; Schedule VII One-Way Street – Add Glenmore Avenue (12- 334) Commissioner Mathiesen moved and Commissioner Franck seconded to amend Chapter 225-72 Schedule VII; one way streets, to add Glenmore Avenue, direction of travel, south, and limit it from Grand Avenue to West Circular Street. Ayes – All Discussion and Vote: Authorization to Pay Vander Molen for fire Engine Repair Work (12-335) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize payment to Vander Molen, Inc. in the amount of $3,675 for fire engine repair. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Ryan Biggs for Professional Services (12-336) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a contract with Ryan Biggs to perform structural analysis for cornice repairs to the Lake Avenue Fire Department and is not to exceed $11,000. Funding is in line H3146952 / 52000 / 1174. Ayes – All Discussion: Stabbing on September 23, 2012 Commissioner Mathiesen stated around 1:20 a.m. on September 23, 2012 a victim was stabbed. The police believe there was an altercation which began inside the Paddock Lounge and continued outside on Broadway where the stabbing occurred. The police ask that if anyone has knowledge of this situation to contact them. Commissioner Mathiesen stated overall the number of incidents on Caroline Street appear to be fewer this year due to the police presence. He also thanked the people who own businesses in that area as they have been more cooperative. Announcement: Public Meeting on October 23, 2012 at the Public Library Commissioner Mathiesen announced he will be holding a meeting on October 23, 2012 around 7:30 p.m. at the library to give the public an opportunity to express their concerns regarding public safety. SUPERVISORS Joanne Yepsen Legislative and Research Committee Supervisor Yepsen reported they unanimously passed a resolution urging New York State to pass legislation to ban bath salts. They are also reaching out to the community for photos of our veterans. This display will be unveiled on Veteran’s Day. Page 11 of 12 City Council Meeting 10/2/12 Mental Health Relocation Supervisor Yepsen reported County Mental Health will be moving out of the hospital on October 13th. Three locations have been presented as options and are all in Saratoga Springs. The location selected is on South Broadway in the old Topper building. Grants to You October Class Announcement Supervisor Yepsen reported the class for Grants to You will be held on October 12th and 13th. Matthew Veitch 2013 County Capital Budget Supervisor Veitch reported sales tax revenues were a little better than expected therefore there is room for the Capital Committee to make practical decisions. They did cut out some highway and recycling equipment and eliminated all building capital requests. They did approve money for airport upgrades, new vehicles, etc. The requests started out at $13.6 million and ended at $11.2 million. They do not bond their capital program. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 8:56 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 11/5/12 Vote: 5 - 0 Page 12 of 12