October 20, 2009

CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:25 PM P.H. - City Code Amendment – Parking on Spring St. between Regent and Court

6:30 PM P.H. - 2010 Operating Budget

7:00 PM

CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S)

EXECUTIVE SESSION Discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation.

CONSENT AGENDA 1. Approval of City Council Minutes 10-06-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 10/16/2009 $408,752.80 5. Approve Payroll 10/9/2009 $407,666.31 6. Approve Warrant 2009 Mid MC1OCT09 $394,524.35 7. Approve Warrant 2009 Regular 2OCT09 $577,374.81

MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign U.S. Mayors Climate Protection Agreement 2. City Attorney Report 3. Discussion and Vote: Request for Additional Defense Counsel re: Henry Smith vs. City of Saratoga Springs, et al. 4. Appointment: Zoning Board of Appeals City Council Meeting 10/20/09

ACCOUNTS DEPARTMENT 1. Discussion and Vote: Verizon Article 7

FINANCE DEPARTMENT 1. Discussion and Vote: Recreation Payroll Transfers 2. Discussion and Vote: Department of Public Safety Payroll Transfers 3. Discussion and Vote: Department of Public Works Payroll Transfers 4. Discussion and Vote: Mayor’s Department Transfer 5. Discussion and Vote: Update Finance Policies & Procedures Manual 6. Discussion: City Finances

PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend Resolution 09-100 David Lane 2. Discussion and Vote: Authorization for Mayor to Sign a Pre-Cast Curbing Agreement 3. Discussion and Vote: Authorization for Mayor to Sign a Pre-Cast Curbing Agreement 4. Discussion: CSEA Breast Cancer Awareness Month Fundraiser 5. Discussion and Vote: Modification to DOT Supplemental Agreement #4 for South Broadway @ Ballston Avenue

PUBLIC SAFETY 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Northeast Housing LLC 2. Discussion and Vote: Authorization for Mayor to Sign Agreement for COPS (Community Oriented Policing Services) Grant 3. Discussion and Vote: Amend City Code Parking on Spring Street Between Regent and Court 4. Set Public Hearing: Amend Section 225094 Seasonal Alternate Side Parking

SUPERVISORS

Joanne Yepsen 1. County Legislative Issues 2. Land Preservation Grant for Saratoga Springs 3. Universal Preservation Hall State Grant 4. Office of the Aging a. Public Hearing b. NY Connects Caregiver Symposium 5. Sustainable Saratoga: Next public meeting October 27th @ 9 p.m. – Empire State College

Matthew Veitch 1. Update: Geyser Road Bridget Project

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2. Update: Open Space Grant 3. Update: Back-to-School Stimulus Grants 4. Update: Zim Smith Trail

ADJOURN

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City of Saratoga Springs City Council Meeting City Council Room Tuesday, October 20, 2009 6:25 PM

PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Ron Kim, Commissioner of DPS

PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor

STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Patrick Design, 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

City Code Amendment – Parking on Spring Street Between Regent Street and Court Street

Mayor Johnson opened the public hearing at 6:32 p.m.

Commissioner Kim advised this is a request from the neighborhood. This is the section of the street where the old elementary school is, across from the Spring Street Deli. They are conforming the alternate side of the street parking for that part of the street.

No one spoke.

Mayor Johnson closed the public hearing at 6:36 p.m.

2010 Operating Budget

Mayor Johnson opened the public hearing at 6:36 p.m.

Commissioner Ivins clarified some questions that have been asked of this budget. One of the commissioners wrote a Reader’s View and he would also like to address the comments in that. Some of the information out there is not correct. The Charter does list the Human Resource and the Administrative Parks, Open Space and Historic Preservation positions. No where in the Charter does it state we need an additional staff person to fill those duties. The mayor can assign those duties to an existing staff person. In

Page 4 of 23 City Council Meeting 10/20/09 good economic times, it is preferable to have a separate person, but in these tough economic times, he chose to re-organize and have those duties performed by someone else in City Hall. The other option was to defund another police, fire, or DPW position. In regards to the Human Rights position, he has not eliminated that position. For practical purposes, he has funded the position for only 6 months in 2010 as there is no one currently on the list. By the time a test is taken, results are reviewed, interviews occur, and 2 weeks notice is given by the candidate; it will be 6 months. It was also noted he hired a part time clerk a couple weeks ago. That is true; he filled the 2 part time positions with the one and saved the City $15,000. The other item mentioned is the $4.5 million for the sale of the lot behind City Hall. The builder requires we hand him that property completely ready to build. We have to go through the subdivisions, the SEQRA process must be completed, traffic studies must be done, etc. It could be 6 months or 6 years to complete that process. In addition, this is one-time money; all we would be doing is patching things. Various departments would not stand up and start making cuts; that is why he is forced to make cuts. The lease on that new garage and police station is between $2.5 - $3.3 million dollars – an even bigger hole to fill. He agrees that with that garage we are looking at paid parking – that is what is in his proposal now. Then you have to adjust for the up-keep of the garage, the lights, and heat in the new facility, etc. It is a good project but not a short term fix, especially in these bad economic times. It was also mentioned that we should be looking at early retirement incentives. He has considered that but they are waiting for the unions to talk to them.

Commissioner Kim asked to respond since he wrote the article. Commissioner Ivins has proposed a hiring freeze in the past. He has more clerical positions in his small department than Public Safety has in their whole department. Commissioner Kim stated he is interested in the representation of the $4.5 million dollars and when they can get it. He is wondering how Commissioner Ivins knows they will not pay this money – it is not in the RFP. Commissioner Ivins and the mayor voted against it entering into negotiations with the developer on this project

Commissioner Ivins stated he read the stipulation regarding the money in the RFP

Commissioner Kim stated he thoroughly read the RFP and it is not in there. The other thing that has been cut out completely is the training of firefighters in medical techniques. The recreation center is adding $170,000 to its budget. The mayor and the commissioner (Ivins) are going to say there is revenue that is going to offset those expenses. He has never seen a plan to that effect. It was presented that this facility was going to allow the kids to walk over there and play basketball; clearly, now they are going to be charged – they better bring their MasterCard.

John Krause of 227 Grand Avenue stated he has sent several e-mails to Commissioner Ivins regarding the budget and he has responded to some of his concerns. He has also characterized the 2010 budget as a ‘perfect storm’. He likes to think of the process as being surrounded by a ‘confluence of positive events and situations’. The loss of the VLT revenues, declining sales tax revenue, softening mortgage tax, etc. are examples of some of confluence situations. Potential confluence of positive events include a revenue source of paid parking; a proposal of $4.5 million start up cash payment for the building rights on the High Rock lot, a potential distribution by the County of part of their surplus as has been their practice during an election year, etc. There is still debris in the water that needs to be removed. He asked the Council to take advantage of this confluence of events and get the momentum of this City flowing again.

Al Callucci of 9 Lexington Road stated in lieu of the conversation that just took place he feels that he needs to speak regarding the $4.5 million. He has analyzed the RFP for the last 2 days. It does state in the RFP that upon completion of subdivision and the permit processes, etc., we would receive the $4.5 million. The $4.5 million will not go straight into our bank account; by the time we pay for parking equipment, etc.; it leaves $2 million dollars. He is in favor of the construction of the public safety facility with the right timing and the right economic climate. The public safety facility is going to be a shell. We are going to have to provide the HVAC, and all the furniture, etc. that needs to go into that building. We will probably have a dollar left after all is said and done. The money is going to the City and is not going to be able to be spent to offset any budget deficit. The first problem with the budget starts with the mid year budget. Everyone agreed even though everyone didn’t vote for it, that we would have mid year budget cuts. Each commissioner projects the amount they were going to spend this year – it is represented under 2009 projected column. The numbers in public safety and public works departments both exceed the mid year

Page 5 of 23 City Council Meeting 10/20/09 budget by $483,000 in one department and $148,000 in the other. Those dollars become an expense this year. If that $700,000 was eliminated as agreed, 1/3 of the jobs that are being cut right now could have been saved. Commissioner Ivins is bearing the brunt of this budget but it is the fiscal mismanagement of other departments that have created this. They were unable to be pro-active rather than reactive.

Lauritz Rassmussen of 25 Circular Street read the following into the record: Some facts from the budgets posted on the City website from Munis numbers. The fee schedule for the building department has not been adjusted by the City Council since March 2003 or September 2006. In 2006 the Building Department expense budget was $291,000 with revenue of $244,000 for a cost to the City of Saratoga Springs of $47,000. Over the next 4 years expenses have remained about the same or been reduced, but the revenue stream deteriorated drastically during a building boom from 2006-2009. The point of diminishing return has been met or exceeded. In 2008, the cost to the City for the Building Department doubled to $101,295. In 2009 the projected cost doubled again to $224,600 and 2010 is about the same. If this trend continues with cost doubling every two years, in 2012 the cost will be about $400,000. The Council can opt out of the building permit program by passing a law by January 1st. The City will stop having responsibility for building permits as of July 1, 2010, there by saving $175,000 - $200,000 every year or more if the current trend continues. The state can also take the building department from the City if building codes are not enforced to the state standards. Neither of these options is good for the taxpayer of the City of Saratoga Springs. It may save $200,000 but it is not going to help the citizens here. If either does happen the Department of State Division of Fire Codes will make an obnoxious fee schedule. Wait time for permit or construction inspection will also be obnoxious. There is a 3rd option that he reminded the Council of, that he presented when he was building inspector, in anecdotal form to the powers that be. He is here tonight due to the urgency of the City’s current budget crisis and to give the Council opportunity to come up to speed prior to December 1, 2009. Last spring he started to conduct on his own a study of 22 out of 61 cities in New York State. These 22 cities are similar to Saratoga Springs as mid-sized Upstate New York cities. Currently ¾ have responded with usable information. He has complied more than 100 points of information on each city, including fees generated, charged and amount of construction reviewed. All cities surveyed have a building department and get permits out in about a week. The current inspectors are not dumb or lazy; they are well motivated and hard working. He was their direct supervisor so he knows. The Mayor’s Office actions also confirm this as does his survey. He has not worked for the City in 6 months as his position was terminated before his work could be started. Now he can show in this time of extreme budget crisis; looking at this deficit of millions of dollars; how to grow the revenue stream for the building department from a cost of $225,000 per year to a revenue stream of $500,000 - $750,000 per year or more. This can be done by using current City resources more wisely and by meeting the standard to which other communities in New York adhere. He is talking about adding $675,000 - $925,000 each year free and clear to the revenue stream of Saratoga Springs. He would like to donate his survey and services to explain the results and conclusions. The nuances and details of this survey may not be immediately apparent without his services. It is his understanding that the City Council can accept donation and set fees for the City. If he is incorrect in that assumption, he asked to be informed otherwise. He also asked the Council to let him know their wishes and submission details within 5 days.

Brandon Winchell of Cliffside Drive stated his initial inquiries of the recreation facility were to get an initial evaluation of the cost to run the facility. He was told staff would be covered by shuffling of existing employees. He now has concerns as a tax payer that we are now looking at additional employees. He hasn’t seen a legitimate business plan for the center yet. His second point relates to downtown parking. He is concerned that if individuals that run this City park downtown and are required to pay to park; we would have to look at that as an additional tax and punishment on those who keep this place as economically vibrant as it is. His third concern is how it can be sustainable in this City when 78% of the budget exists for wages, benefits and pensions. He is a union member and he has lost his pension, wages were reduced 50%, and required to make a greater contribution for his medical coverage.

Kyle York of 59 Railroad Place stated he is all for public safety. His family has all served in various ways in public safety. We have an active internet community and the people are passionate about what they do. In regards to the layoffs, 48 of the bloggers felt the layoffs had to be done and 12 wrote the layoffs can’t be done. He read the following blogs into the record: Worriedsaratogian, Oct. 15: It is sad some firemen and police officers will possibly lose their job. They serve the City with honor and dignity, but sometimes you have to cut good employees because of lack of funds.

A Voter, Oct. 6: No on should be immune to pay cuts, layoffs and the like. The taxpayers have to speak up before it is too late.

Realitycheck, Oct. 6: I for one am ready for the threats of DPW, bring it on.

Saratogiansince1973, Oct. 6: The cuts aren’t deep enough. We need bigger cuts and smaller tax increase. Don’t go all bleeding heart and ask me to support bad contracts and inefficient work arrangements.

Broadway Billy, Oct. 17: Nothing but street thugs. This City is in trouble; it’s starting to look like mob rule. I’ll take the layoff option, please.

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Ind Voter, Oct. 11: No group should be taking advantage of their ‘strength in number’ and continue pushing for raises we all can’t afford. I am not union and quite frankly I don’t like the tactics that leaders use to influence and intimidate our elected officials.

Sp12, Oct. 17: Of course the unions are going to back the pols who will put the interest of its members before the interests of the citizens of Saratoga.

Frodo, Oct. 9: The reason our budget is on the brink of collapse is because we taxpayers pay the unions. We are your bosses! We pay your salary! And if we say we don’t need you anymore, deal with it. The taxpayers of the City do not exist for the sole purpose of keeping unions in business!!

Voter0129, Oct. 17: The unions only care about three things, take, take, and take some more. There is no more.

Cuts no ice, Oct. 12: I believe give-backs by the unions is the first step and time is not the City’s friend. We need a plan of action – soon. Commissioners should b replaced by people who won’t be intimidated by unions or anybody else.

Andy Boland of 44 Franklin Street stated he has learned a lot about courage, honor and sacrifice through his father – a Korean War Veteran. Our veterans risk their lives so we all can be free. He too feels the Council needs to hear some of the internet opinions. He read the following: Benfromschuylerville: There is no more money - a 7.8% increase is not acceptable. Cut, cut, cut – there is no more money. Lower the tax raises no more than 2.5%.

Ac12: No one wants lay-offs. These are our friends and neighbors. But the taxpayers cannot afford anymore costs. Taxpayers can no longer afford their unions and their demands for more regardless of the economic situation.

N&N: Save the City from the unions.

Eddie729: Unions are nothing more than legalized racketeering. For years public service has meant to serving yourself with raises and bonuses while adding friends and family to your payroll…all at the expense of the taxpayer and communities. It is time the pubic servants take less for the good of the community.

Bologna bob: It’s certainly time for layoffs and cutbacks. What a shame, how grossly overpaid most of our City employees are. The private sector is laying people off, and these people are no different than anyone else.

Greg Griskowitz of 212 Nelson Ave stated he has 4 kids who are the age of 12 and under. He has been through layoffs and he doesn’t like it either. There are ways to get around this – registration for the recreation should be done on line. As much as he wants this recreation facility, he doesn’t feel it is the time or the place. He has done his research – the facility will have to be rented 80-90 hours to make the $200,000 mentioned. He met with Jim Letz of the YMCA – Jim states the City is ‘off their rocker’ on this. You need to abandon the project now.

Nicole March of Washington Street stated she grew up in Saratoga. When she was a teenager someone tried to break into her house while she was home. Within minutes there was a police officer as her door, therefore she never found out the intent of this intruder. She moved back to town to start her business and raise a family. She feels safe here and doesn’t want that feeling to go away. She is willing to pay the additional $84 dollars a year or more for her safety.

Phil Diamond of 29 Waterview Drive stated he is very pro-union. He sympathizes with the union members and the objectives of unions. They do serve a purpose to make sure labor is not taken advantage of. He feels the public safety personnel in this town is good – we are well protected. In stead of the unions blaming the mayor for building a recreation center, which was bonded prior to his administration, and blaming the commissioner of finance, who has no control over what the other commissioners spend to put us in this situation; he would ask the unions to do something they never thought of doing and lobby for the VLT money in Albany. They can do this with other unions. He suggested Commissioner Scirocco and Commissioner Kim talk to their unions and tell them that – go lobby for us and stop putting the blame on people that shouldn’t take it.

Roger Goldsmith of 10 Poe Road and owner of Crafter’s Gallery stated the sad thing about all of tonight’s comments is it is as a result of mistakes made by previous commissioners and previous contract negotiators. The Council needs to run the City as a business and know who your customers are. Your customer is the citizens of Saratoga Springs, not your employees, your friends, not your political parties, etc. We all know someone who has been laid off for no other reason other than the economy. Our

Page 7 of 23 City Council Meeting 10/20/09 downtown employees cannot be immune to the environment that exists and cutbacks have to be made. The number of cut backs will depend upon how efficient you decide to run your business. If you want to save your employees you try to do things a little more efficiently – that is how he has to do things in his business. You can’t decide to put the burden on your customers. Take care of your customers first or you will lose them – meaning the residents of Saratoga Springs. In regards to parking, you can’t start charging your customers to park downtown. You can designate a spot. He is downtown everyday and the Council needs to trust his feedback. The parking has to be in designated areas and that money has to go towards our parking situation. He wished the Council luck.

Al Ormsby of Saratoga Springs stated others have made comments that he feels he needs to speak to. The very people who strongly opposes a change in City government are those people who are coming to the microphone and saying people aren’t responsible, it’s someone else’s responsibility. That was the problem we always have with this form of government.

Ed Lewis of Wilton and PBA President stated he was hear to clear up things regarding negotiations. They are taking a beating on negotiations. The scenario of how it is going is they have met with the City 2 times this year and submitted their requests in July 2008. They met with the City in January of 2009 and then again in June 2009. All summer no one has done anything to correct this. He is not blaming anyone specifically. They understand there are tough economic times, but there have been not offers brought to the PBA. The mayor invited him in today to talk and the mayor stated he is open to look at whatever they have to offer. The attorneys are meeting on Friday. They get hammered in the blogs and newspapers – they shouldn’t be there. Their personnel have been attacked personally by putting their names in the paper. He has made complaints to the Saratogian and they need to be removed. This hurts the individuals who work in our department and creates a problem when they have to deal with individuals on the street.

Mayor Johnson stated he does not feel he is at liberty to discuss any of the allegations made by Mr. Lewis. He and Mr. Lewis had a nice talk today and it was productive, but he doesn’t feel it is appropriate to address this publicly.

Ed Lewis stated there were no ground rules set at the beginning of negotiations.

Mayor Johnson stated he operates as if they do.

Kevin Genier of 51 Hawthorne Blvd. stated Commissioner Ivins needs to talk to his deputy as they discussed retirement incentives. This City Council was warned that if they did a 0% tax increase, it meant that we didn’t need VLT money. If this isn’t true – then what message did you send by doing a 0% tax increase? He asked the Council to think about what their pledge is to the people of the City when doing the budget. He read the following from the Accounts Department web page:

‘In year 2002, the City of Saratoga Springs adopted a “Safe City Program” to provide guidance and overall management direction to each City Department with the goal being to provide safe and healthful working environment for City employees, citizens and the Community. The City of Saratoga Springs Safe City Safety Policy stands as the primary charter for the City’s Safety Committee. The “Safe City Safety Policy Statement” reads as follows: The City Council of Saratoga Springs affirms that the welfare and safety of its employees, citizens and visitors is of primary importance. ‘

If there is anything else that can be cut other than things that affect the welfare and safety of its employees, citizens and visitors – he would do that. If you do layoffs in a department that is already understaffed you will put people in danger and you will go against the policy that is in place.

Kyle York stated the founding fathers also used pen-names when they submitted letters and essays to the newspapers. Anonymity ensures the impossibility if intimidation and retribution, thus ensures free speech.

Kathy Moran of 1 White Oak Path, Ballston Spa and President of the City Hall union read the following into the record:

On April 7 of this year Commissioner Ivins said “hey folks we are the victims of our own success.” The City of Saratoga Springs is simply too successful.” Those were his words, not mine. This is success? A budget deficit of nearly $6.5 million that needs to be rectified by laying off more than 40 employees, creating paid parking, reducing services to the City

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residents without a plan of action. If this is success, I don’t want to consider what failure might be in the City. What we have here is a hap-hazard budget that has now become a moving target. It changes once it is challenged or questioned. Look at the City’s website, for instance. Part of Commissioner Ivins’ budget presentation that was made at the last Council meeting was removed from the City’s web site. Why? Liability was the answer I discovered. The City doesn’t want some of what he presented out there in writing. Perhaps if he had thought this through before he made the presentation, he obviously would not have put some of this in writing. So now the proposed budget is truly a moving target. It will change after the elections; but how will it change? What employees will be laid off? What taxes or fees will be increased? What services will be eliminated? Your guess is as good as mine. And I’ll even bet your guess is as good as any Council member sitting up there. Commissioner Ivins likes to say we are experiencing the ‘perfect storm’. How did the perfect storm happen when the City was left with a $4 million dollar surplus from the prior administration and another nearly $4 million dollar surplus from last year. Both Commissioner Ivins and Mayor Johnson want to blame all the City’s problems on the City employees. Mayor Johnson likes to say he will continue to hold the union’s feet to the fire when it comes to contract negotiations. My feet are not even a little bit warm. He wants the unions to discuss our wages and benefits, yet we continue to fail to meet. We are 10 months out of a contract and there are no negotiations – we’ve met twice. I’m sure that the City’s highly paid City’s labor attorneys don’t mind that. Perhaps the City’s residents should FOIL the City and ask how much we’ve spent on those attorneys. It is up to the City’s unions to ensure that this does not become a race to the bottom; for City employees or any other employees. It is time for unions to raise the standards for all employees. No employee in the City, in this City Hall, public safety, public works, or any employee in the City is worth 1 less penny or 1 diminished benefit because of an irresponsible budget or an incompetent Council.

Mayor Johnson stated the public hearing will remain open. CALL TO ORDER

Mayor Johnson called the meeting to order at 7:39 p.m.

PUBLIC COMM IENT PERIOD

Mayor Johnson opened the public comment period at 7:39 p.m.

Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council.

John Tighe of Rowland St. Milton was a former resident of Saratoga Springs driven out by high taxes. He tried to get to Saratoga Hospital today but Church Street was closed. It took him almost an hour to get there. Someone is going to get killed. Roma’s put cones out to prevent people from cutting through theirlot because they had been stuck in traffic so long. If we have a public safety department, he wishes they would look at Church Street tomorrow when the road is closed again in front of the hospital.

Ed Miller of 102 Ludlow Street presented the Council with pictures of work being done on 9P between Regatta View and the 9P bridge. He stated the Commissioner of Public Works has spent tens of thousands of dollars of taxpayers’ dollars over the past few days to underwrite the extension of water service to 2 or 3 water customers on Rt. 9P between Regatta View and the Saratoga Lake ridge. He is sympathetic to people’s needs for water, but these services must be paid for without burdening the taxpayer. That requires that mayor’s and the City Council’s involvement. His contacts in the construction industry have informed him that a project like this could cost as much as $50,000, but the commissioner has only accepted $7,500 from the property owners that receive City water. The rest of us could be paying the balance of the cost. His concern is the City Council is in business to make sure that the City policy is fair to all. A new water district was recently created for the residents on Gilbert Road and they will be paying their share for 20 years for that waterline project. The people redeveloping the Home of the Good Shepard are paying $60,000. Why are the 9P property owners paying barely more than the connection fee for this project? Under the City Charter, the mayor is the only officer who can sign agreements on behalf of the City. Why was this not brought before the City Council for approval prior to starting this project? If the department has already performed the work and the commissioner has accepted the money, the property owners will feel they have an agreement with the City when in fact they only have an agreement with the commissioner of Public Works. Isn’t this a clear violation of the Charger? The residents have paid the commissioner for the work - $7,500 – out of a cost that could be $50,000. Where is this money and why has it not cleared through the Finance Department as of yesterday? Who in the DPW authorized this work? Was a cost estimate developed? How was the residents’ share of $7,500 determined? What the water hook-up fee waived or was it included in the $7,500? Is if fair for the commissioner to enter into a private arrangement with property owners to provide water at the expense of everyone else. The citizens of

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Saratoga Springs need to know that politics did not play a part in the commissioner’s decision to have the taxpayers underwrite a water extension for a few users. It is never proper to cut special deals for 1 or 2 at the expense of the rest of us. It really hurts even more with the layoffs, budget cuts, and tax increases coming at us today. He hoped the Council would take up this matter at the Council meeting tonight.

Commissioner Scirocco asked to address Mr. Miller’s concern. He advised the public that Mr. Miller is a candidate for DPW. Under section 5.3.1c of the Charter, states “the commissioner of Public Works shall manage, supervise, control, construct, and maintain the water supply, treatment, and distribution system, sanitary sewage disposal system, and storm water carrier system throughout the City.” He thinks the word ‘construct’ stands out. The main reason why they are putting the waterline out there is because they need fire protection closer to the trailer park. There is no fire protection down in that area. The residents realized that their wells became contaminated because of all the development that has been going on in that area. He met with those residents and they had a concern that this waterline is something they could tap into. He told them to come down and he would talk with them. He told them to put the paperwork in and they would charge them the connection fees or whatever the law requires him to charge them – he can’t charge them any more. The project was approved by DOH, DOT and they received a bond through the City. Nothing here was done underhanded; everything was done above board. It was done for fire protection in that area. He understands the City is under tight budget controls but that doesn’t mean they have to stop providing services to the people and that is what he is going to continue to do.

Patti Garrett of 537 Union Avenue thanked the Council for being able to speak about her situation on outer Union Avenue. When development started years ago she had hoped to be able to connect to City water. They witnessed their water quality deteriorate. They are not rich, they are not politically connected and she is not related to anyone. This summer was the end of their well water. They tried to raise the well and after 3 water softeners, they no longer have water, but a fire hydrant just down the road. This DPW listened and we are going to have water.

Amy Stock of 11 E. Broadway and is the chair for Sustainable Saratoga stated there is a growing group of people on this task force that are in support of the passage and signing of the mayor’s climate control agreement. The conference of mayors had a press conference in early October celebrating the 1,000th city signing of the contract. Saratoga Springs will be the 1,011th city to sign on. This will be a major milestone.

Commissioner Kim stated this is such a great idea that it was already been passed in July 2007 under Mayor Keehn.

Amy stated they looked into that and Saratoga Springs is not on their website.

Commissioner Kim stated they were looking for a copy of Valarie’s signature and haven’t found it.

Amy stated this needs to be formalized with the Conference of Mayors.

Mayor Johnson stated he was approached by the group with Joanne Yepsen. Research of the official site of the US Mayors’ Climate Protection Agreement and the US Mayors’ Agreement Group that is posting those that have adopted and ratified does not show our City as being part of it. He stated he has no problem taking this off the agenda tonight and looking into it. It is possible that the prior Council approved it but then it didn’t go anywhere.

Amy stated she would encourage moving it forward.

Commissioner Franck inquired if there would be any problem approving this twice.

Mayor Johnson stated it is alarming that the City is not shown anywhere as having signed on to the agreement despite the claim that it has been over 2 years.

Remijia Foy of 95 Oak Street stated we need to refocus regarding proper procedure and policy related to activities of the DPW. Due to the presentation by Mr. Miller and the response of the Commissioner of DPW, clarification is warranted. She was in the Council Chambers this past August when the

Page 10 of 23 City Council Meeting 10/20/09 commissioner of DPW presented for the Gilbert Road water extension. The first presentation was for $700,000. The proposal was withdrawn and was proposed again to the Council for approval with the price now being $300,000. There was a procedure followed for the Gilbert Road water extension project. The proposal was made to the Council and the Council voted on the expenditure of that money. The commissioner’s activities are restricted by virtue of necessary approval from the Council for expenditure of funds. She believes what Mr. Miller is talking about is there are double standards; permission from the Council was sought for the Gilbert Road water extension but not for the 9P water extension. She is not speaking to the need for water, only for the proper procedure and policy that is being ignored.

Kyle York of 59 Railroad Place stated at the last meeting of the Council he made a serious allegation of intimidation of a Council member. He wanted to share his follow up with the Council and the community. He did speak with the assistant district attorney, who asked why that Council member did not make a complaint with the police. He explained it was the police that made the threat; therefore, he did not go to the police. He explained to the assistant district attorney that there is something in the City Council meeting environment that pits the Council against the unions and that he feels the Saratoga Springs Police Department has contributed to an atmosphere of intimidation. The assistant district attorney told him it is not in his jurisdiction and that he should report it to our police department. He reminded everyone of the incident where a DPW employee was belligerent and the mayor stated he could have him removed. The DPW employee responded with “you’re a big, big boy – try it”. The mayor didn’t do anything by his choice, but was that a creditable threat? There was no intervention by an officer. The escalation of tension did call for police intervention according to consolidated state law section 130-11; which says officers shall “prevent all disorderly conduct disturbing the peace and quiet of any assembly or meeting therein”. The officers here present did nothing. When the Council went into executive session at the last Council meeting, he was approached by Chief Moore and was asked to tell all. Just before they came back into the room Chief Moore said to him “if anything happens to any member of this Council, I am going to hold you responsible”. He is doing the best he can to keep them all safe.

Phil Diamond of 29 Waterview Drive stated he understands the Council will take up the matter of paying the legal fees of the previous mayor and previous city attorney for actions committed by them. Even in good economic times, he would advise against paying those legal fees. When an officer commits an act in the normal course of his duties that they believe is correct, the government is obligated to pay their legal fees. When an officer of the government commits an act knowing that it is not in his or her normal course of duties and knows it not correct, the government cannot and may not pay for the legal fees. He alleges the later is the case and he asked the Council to vote not to pay for the legal fees.

Tom Garrett of Union Avenue stated his wife spoke earlier. He wanted to reiterate that he is not affiliated with anyone. He met Commissioner Scirocco 3 months ago when he showed him the problem with the water. He objects to the issue of him being out of water as someone else’s political football.

Chief Moore stated he didn’t plan on speaking tonight until after hearing Kyle York speak. He stated the police department is here to protect the citizens and the Council members. If the mayor directs the police in to remove someone, they will do so. He also stated he never told Mr. York that he would hold him responsible if something happens to the Council members; what he said was “do you want to be responsible knowing you could have prevented this if something did happen to a Council member between tonight when you made this allegation and tomorrow when you went to the DA’s office”.

Commissioner Franck stated he didn’t have a problem with the people hooking up just like he didn’t have a problem with the people on Gilbert Road. He cannot unilaterally accept money and do all this without bringing it to the Council. It just like the garage signs – the agreement must be brought to the Council. The people may have needed water years and couldn’t get or may they could have gotten it and didn’t want it. We never voted on this and probably would have. You have to sign contracts. The fee doesn’t even tie into the water hook up fee. Are these people part of the Gilbert Road water district? Is this something separate? How many feet of pipe was run? Did they pay for the pipe or did DPW? He doesn’t know anything that is going on.

Commissioner Scirocco stated he is going to refer some of this to City Attorney Izzo because he has been working with him in conjunction with the property owners and even spoke with some of the people in the fire

Page 11 of 23 City Council Meeting 10/20/09 department. The money is in his budget and he did not take any money from anyone. There is no contract here. He said he met with these people and if they want to hook up they can based upon the water connection fees. That is what the water connection fees are for.

Commissioner Franck asked if they paid the water connection fee.

Commissioner Scirocco stated they will pay $3,000 each for a water connection fee if they want to hook up.

Commissioner Franck confirmed that this is what they paid.

Commissioner Scirocco stated that is what they will pay when the water line is completed if they want to hook up. Not only they can pay but there is also a trailer park across the road that can bore under the road and utilize that waterline.

Commissioner Franck asked if the Good Shepard Home also paid $3,000 to hook up or did they have to pay for pipe, etc.

Commissioner Scirocco stated that is a totally different situation. That was all done with a contract with the property owner. The concern here is there is no fire protection down 400-500 feet. That is a public work’s concern and public safety’s concern. That is why they did what they did. Because the waterline is there, they are able to hook into it. They picked up 2 water customers. The more customers they can pick up in the water budget the more revenue they are going to generate. It’s a good business plan. The money was in his budget.

Commissioner Franck stated he has an article 7 that is in his budget but he has to get a vote on it.

Commissioner Scirocco stated he wanted to refer this to the city attorney. If there was any procedural impropriety or question whether of not he could do this – he asked Tony Izzo to elaborate on what they spoke about for the past month or 2.

Tony Izzo, assistant city attorney stated it would be his preference to address any questions the Council has during regular office hours. If you have any questions as to what the applicable law is, he is happy to discuss this any time.

Commissioner Franck asked how many feet of pipe we ran.

Commissioner Scirocco stated roughly 400 feet.

Commissioner Franck stated that is a football field plus another 100 feet.

Commissioner Scirocco stated it is to provide water for fire protection further down the road.

Commissioner Franck asked how far the pipe is from the main line to the house.

Commissioner Scirocco stated none – zero. He has no idea what Commissioner Franck is talking about. They ran a waterline down 9P in the right-of-way. It is up to the homeowners to hire a plumber if they want to connect into the waterline and pay the $3,000 connection fee to hook into the line.

Commissioner Franck confirmed and asked Commissioner Scirocco if made an agreement for $7,500.

Commissioner Scirocco stated absolutely none.

Commissioner Franck confirmed they are not hooked up to the water.

Commissioner Scirocco stated they are not – they are hooked up to nothing.

Commissioner Franck asked if they are going to hook up.

Page 12 of 23 City Council Meeting 10/20/09

Commissioner Scirocco stated they can if they want.

Mayor Johnson closed the public comment period at 8:09 p.m.

Executive Session

Mayor Johnson moved and Commissioner Franck seconded to move to executive session at 9:58 p.m. regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation, including article 7 - Verizon of NY, Inc. vs. the Board of Assessment review and the City of Saratoga Springs and Lawrence Castell vs. the City of Saratoga Springs .

Ayes - All

Council members returned at 10:08 p.m. where Mayor Johnson advised the Council resolved 2 matters. One will be placed on the record presently and the other will be deferred to the Accounts agenda.

Commissioner Kim moved and Commissioner Franck seconded that they approve the settlement agreement and authorize the mayor to sign the settlement agreement between the City of Saratoga Springs and Lawrence Castell.

Commissioner Ivins confirmed that there is no monetary amount to enter into the record.

Commissioner Kim stated there is none.

Ayes – All

Consent Agenda

Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as proposed. 1. Approval of City Council Minutes 10-06-2009 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 10/16/2009 $408,752.80 5. Approve Payroll 10/9/2009 $407,666.31 6. Approve Warrant 2009 Mid MC1OCT09 $394,524.35 7. Approve Warrant 2009 Regular 2OCT09 $577,374.81 8. Approve Warrant 2009 Regular 1OCT09 $523,518.45

Commissioner Ivins stated there is 1 amendment for the regular warrant of 2OCT09 (item #8). A voucher was pulled so the amount should be $576,926.81.

Ayes – All

Mayor’s Department

Discussion and Vote: Authorization for Mayor to Sign U.S. Mayors Climate Protection Agreement (09-299)

Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign the new U.S. Mayor ’s Climate Protection Agreement.

Mayor Johnson stated he was approached approximately 2 months ago by the Sustainable Saratoga group regarding this project. He feels this is a worthwhile and admirable project. There is issue this evening as to

Page 13 of 23 City Council Meeting 10/20/09 whether a prior Council did enter into the agreement. Per his review of the website; he did not see Saratoga Springs listed. He stated to the Sustainable Saratoga group that he is in favor of climate initiatives, but if it meant any out of pocket expenses to the City, we couldn’t sign on at this point in time. The City will not have to put any money out of pocket to be a part of this initiative. Signing of the agreement is the first stage of this. The agreement has 12 different steps the City should undertake to promote the initiative and move towards a goal. If the prior Council did sign the agreement, the 1st step to inventory global warming emissions in the City, operations in the community, set reduction targets, and create an action plan was never attempted to his knowledge. He suggested passing this new one.

Commissioner Franck stated he does remember this and will be voting in the affirmative. He believes we also had a wind energy contract that has now expired and would suggest looking into that again.

Rebecca Drago of 815 N. Broadway and student of Skidmore College stated regardless if this was signed a couple years ago, if nothing happened with the initiatives, the whole things disintegrates. Mayor Johnson’s signing would be a current symbol and display that Saratoga is ready now to make solid changes towards the initiatives. This signing is the first step in a larger campaign for The Cool Cities Campaign. They are trying to get the Council’s support to allow Mayor Johnson to sign this on Saturday. They are requesting that the mayor sign the agreement on Saturday because Saturday has been named the International Day of Climate Action by Bill McKibbon, who is running a campaign called the ‘350 Campaign’. They are working to get the number 350 out – we need to get the number of parts per million of carbon in the atmosphere down to 350 to prevent irreversible damage to the planet. The number is currently around 390.

Commissioner Kim stated this wasn’t just voted on and dropped, there was action by City Council by following up with Johnson Control. This is a great program and he will vote for it. He didn’t know about this until late. Had he known, he would have said what happened in the past.

Ms. Drago stated the Cool Campaign will unite all the environmental efforts.

Jackie Hayes, City Planner stated one of the benefits of the program is that it brings everything together under one umbrella. A few of the items in the agreement relates to land use practices to create a compact, walk-able community that preserves open space. Our comprehensive plan and our existing zoning ordinance strives to focus development into the inner district to allow for the open space in the outer district to remain. There are ongoing efforts through the City’s contract with Johnson Controls. There is a lot more that we could be doing.

Commissioner Kim stated it would be great to have both Val Keehn who originally passed it and Mayor Johnson at the signing. That underscores how important it is to the community.

Supervisor Yepsen stated this has been going on for years. The reason for developing Sustainable Saratoga was to get all the groups who were discussing the same topics together to communicate. This is a community effort, nothing to do with politics or putting anyone down in the past. She started serving the City under Mayor Klotz who brought the Climate Control Committee together, so we should bring him back as well. Let’s work together to build on something that is good for the City, environment, and the citizens.

Amy Stock stated they were trying not to reinvent the wheel with having this signed. She spoke with others and found things weren’t completed.

Ayes – All

City Attorney Report

Joe Scala, City Attorney stated he has 2 matters to report on. With respect to the NYS Human Rights and the female officers, a decision was received on Thursday. The amount was increased from $5,000 each to $10,000 each for each member left. There is an insurance deductible of $25,000. The insurance is paying it on the $80,000 and not claiming it on each of the individual $10,000 payments. The carrier will pay $55,000 and the City will pay $25,000. The insurance experience rating for the next 5 years will increase our insurance cost as well.

Page 14 of 23 City Council Meeting 10/20/09

Mr. Scala reported the other matter is a lawsuit article 78 against the City by the New York Civil Liberties Union pertaining to a foil request that was received in April and answered in June. The request asked for certain documents pertaining to taser use in the City and our policies. We replied that we would not release those documents. The Committee on Open Government stated we should have. He has since found that the Committee on Open Government was not a final determination – they never released that report. The law was amended in the last few years that states we are now responsible for attorney’s fees if we are found to have not released the documents in accordance with the statute.

Commissioner Kim stated it was Joe Scala’s office that wrote the memo that provided the legal ground work for us to not release those documents. Is the case law his office cites solid? He doesn’t want to leave the City open to anything.

Joe said Tony Izzo and Chief Moore worked on this. He stated there is a ‘strapped’ opinion out there and he doesn’t know what affect it has.

Commissioner Kim stated he wasn’t aware of the opinion of Open Government Committee.

Joe stated he wasn’t either. He received some clarification today from them that the report is only a draft and never formally issued.

Mayor Johnson confirmed with Joe that the Commissioner of the Division of Human Rights Divisions amended the early recommendation to increase the amount from $5,000 each to $10,000 each. Joe advised that was correct and affirmed the remainder of that decision.

Mayor Johnson stated this means the recommendation was accepted in full except for the damages (money) to be paid.

Joe stated the decision sent with the final order is exact to the previous recommendation including the $5,000. The new order amends it to be $10,000. Word for word it is the same thing that was sent out before.

Mayor Johnson stated he is concerned because according to the press, Commissioner Kim stated the increase in the damages is due to the City not having a plan in place for a new police station.

Joe stated his recollection of the previous order was just the opposite. The order itself states it is not related to the age of the public safety building.

Commissioner Kim suggested the mayor look at the transcript of the hearing. One of the questions to him what the plans are for a permanent solution to discriminatory conditions of the police stations. At the time there was a plan on the table so he said there was a City Council that was united in putting together a permanent solution. That solution fell off the table at the beginning of your administration. It is his belief that is one of the reasons why the fine was increased.

Mayor Johnson stated he has the actual written recommended findings of fact, opinion and decision from the hearing officer. He read the following quote from page 12 for the record: “Respondent provided male employees with a bathroom and locker room sufficient for their needs and have renovated the males’ employee shower while made no effort to provide such facilities for female employees. This differential treatment gives rise to inference of unlawful discrimination. Therefore the complainants have established a prema facia case. The respondent argues that the station is old and has poor conditions that affect male and female employees equally, however, the record, including the testimony of Moore, respondents own chief of police, shows the respondent was aware the bathroom and the locker facilities provided to female employees were not equal to those provided to male employees. Moreover, the age of the station did not prevent respondent from renovating the men’s shower in 2007. Finally, within five months after complainants filed their division complaints respondent provided female employees with their own locker room, bathroom and shower at a cost of just $7,700; less than 1/10 of 1% of the department’s annual budget. These facts blithe the respondents claim that the age of the station was the reason it failed to

Page 15 of 23 City Council Meeting 10/20/09 provide complainants with adequate facilities. Accordingly, the division finds the respondents explanation for its disparage treatment of complainants is a pretext for unlawful discrimination.” Nowhere does it say anything about the age of the station as being a reason why they are fining the City $80,000.

Commissioner Kim stated he never said it had anything to do with the age of the station. He said he was questioned closely about various issues. The specific issue he is referring to is about the permanent solution.

Joe Scala stated he was at the hearing and that was the argument put forward at that time. There is nothing in the decision that has anything to do with the permanent condition. In fact, twice in this decision they talk about $7,700. He saw the look on the arbitrator’s face when she confirmed the cost was only $7,700 and you couldn’t spend the money on it.

Commissioner Kim stated this is the purpose of the first city attorney report.

Joe advised he can’t control the judgment that came in on Thursday.

Discussion and Vote: Request for Additional Defense Counsel re: Henry Smith Jr. vs. City of Saratoga Springs, et al. (09-300)

Mayor Johnson stated the City has received a request from Kurt Massuer for his retention by Val Keehn and Michael Englert to defend them be paid by the city. The lawsuit was filed in US District Court alleging violations of civil rights that Henry Smith Jr. was passed over for full time employment because of his race as well as his personal records were made public. There is a monetary value attached to the second part of this claim. Mr. Massuer was requested to be here tonight to discuss why the City should pay to retain him on behalf of Val Keehn and Michael Englert. Mr. Massuer is not in attendance.

Joe Scala further clarified the case is against the City of Saratoga Springs. It began as a Division of Human Rights complaint. The issue appears to be whether or not we are obligated under Charter and Public Officer’s Law to provide them with a defense and indemnification. This case is not against the individuals who are requesting defense or indemnification. There is nothing to defend them against or indemnify them from.

Commissioner Scirocco asked if there was an issue with one of these individuals would the City be obligated to do anything after the fact.

Joe stated these individuals are not being sued they are only being deposed.

Commissioner Kim stated our counsel subpoenaed 2 witnesses for depositions. He hasn’t subpoenaed others directly involved in the dismissal of this person – commissioner, deputy commissioner, and director of public works. He believes we ‘stepped in it’ and now we have to think carefully about what we are doing here. There are a lot of issues here that didn’t need to come up. One of the things he found disturbing at the last meeting was the outside counsel said Val Keehn had requested a subpoena. There is disconnect there because he was told that she didn’t request it. In regards to the letter being referred to by Kurt Massuer, he didn’t see any letter.

Joe advised Commissioner Kim that he did have the letter in his hand at the last Council meeting and handed it back with everyone else.

Commissioner Kim stated he heard there is another letter from Kurt Massuer.

Mayor Johnson stated the only additional letter is the one from Joe Scala to Mr. Massuer requesting he appear tonight to talk to the Council.

Commissioner Kim confirmed there is no response from Kurt Massuer to that letter.

Mayor Johnson stated he did not receive a letter and asked Joe Scala if he received one.

Page 16 of 23 City Council Meeting 10/20/09

Joe advised there was a letter received just indicating his reliance on his earlier letter.

Commissioner Kim stated that was what he was referring to.

Joe Scala asked Commissioner Kim what the City would be defending the former mayor and city attorney from; the lawsuit is not against them.

Commissioner Kim stated he didn’t know. The issue is why are we subpoenaing a former government official? He hasn’t heard an explanation of why we would have done this. There were other people directly involved in his dismissal – why haven’t we subpoenaed them. Mayor Johnson stated it is his understanding that everyone else has been deposed. He called Mr. John Aspland to explain further.

Mr. Aspland stated the 2 former employees that are under subpoena are under subpoena for very specific reasons. When asked to appear, they both indicated they wouldn’t be able to appear without a subpoena, so he accommodated them and sent them each a subpoena. He wouldn’t have sent Ms. Keehn a subpoena if she hadn’t requested it and wouldn’t have sent it if she had come for the deposition as they previously discussed. All of the other people, when called and asked to appear have appeared – former Commissioner McTygue, Deputy Commissioner Pat Design, and William McTygue. We have touched everyone that had some involvement with the case. He is not aware of a specific claim made personally against any of these people. The plaintiff has already testified and that’s not his testimony. In defending the City against the nature of the claim that has been brought, he needs them to stated that they didn’t disclose confidential information.

Commissioner Kim stated he thinks the version they will hear from the former mayor and city attorney is going to be different about the subpoena issue.

Mayor Johnson moved and Commissioner Franck seconded for the Council to deny the request for additional defense counsel to be afforded for former Mayor Valarie Keehn and former City Attorney Michael Englert in the matter of Henry Lee Smith Jr. vs. the City of Saratoga Springs.

Ayes – 4 Nay – 1 (Commissioner K im)

Appointment: Zoning Board of Appeals

Mayor Johnson stated effective immediately, Neil Galvin is appointed to the Zoning Board of Appeals. Mr. Galvin has been a resident of the City since 1964. He has served as Chairman and CEO of Old Castle New York Materials Group, Vice President and Regional Director of the New York State Asphalt Paving Association, Regional Director of the New York State Association of General Contractors, and served as a Commissioner for the New York State Public Service Commission from 1995 – 2006, etc. Mayor Johnson is please to welcome Mr. Galvin to the board.

Mr. Galvin is replacing a former member who resigned – Nancy Goldberg. He thanked her for her service over the years.

Accounts Department

Discussion and Vote: Verizon Article 7 (09-301)

Commissioner Franck moved and Commissioner Ivins seconded to settle the tax certiory case; Verizon of New York vs. the City of Saratoga Springs as proposed by the Council and put forth in the consent order as previously distributed.

Page 17 of 23 City Council Meeting 10/20/09

Commissioner Franck stated it was tax map number 191.-1-54 and the location is on Rt. 50. The stipulation is for the reduction to go from $579,000 down to $525,000. There will be no tax change for 2009 but it will affect us for tax purposes in 2010.

Ayes - All

Finance Department

Discussion and Vote: Recreation Payroll Transfers

Commissioner Ivins PULLED this item from the agenda.

Discussion and Vote: Department of Public Safety Payroll Transfers (09-302)

Commissioner Ivins moved and Commissioner Kim seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council.

Commissioner Ivins stated this is a transfer from labor lines to unemployment lines to cover extra 20 weeks of claims beginning January 2008.

Ayes – All

Discussion and Vote: Department of Public Works Payroll Transfers (09-303)

Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Public Works payroll transfers as previously distributed to the Council.

Commissioner Ivins stated transfer to carousel labor to cover the budget deficit and transfer to Vanderbilt capital payroll lines to cover actual expenses.

Ayes – All

Discussion and Vote: Mayor’s Department Transfer (09-304)

Commissioner Ivins moved and Mayor Johnson seconded to approve the Mayor’s department transfers as previously distributed to the Council.

Commissioner Ivins stated this a transfer of unemployment line to cover unanticipated extra 20 weeks of claims beginning January 2008.

Mayor Johnson is taking what is not being used from the human resource position and moving it to cover the extended unemployment benefits per decision of Washington D.C.

Ayes – All

Discussion and Vote: Update Finance Policies & Procedures (09-305)

Commissioner Ivins moved and Commissioner Scirocco seconded to approve the updates Finance Policies & Procedures as previously distributed to the Council.

Commissioner Ivins stated they are updating the banks, the financial institutions, and requests made by other departments.

Ayes – All

Discussion: City Finances

Page 18 of 23 City Council Meeting 10/20/09

Commissioner Ivins stated occupancy tax was down 8% from 2008 numbers. We are still experiencing the recession and probably will not make budget. He reminded various departments that some of their lines are over budgeted (extra money) and asked that they do not spend down those lines.

He stated he was quoted out of context when it was said we are a “victim of our own success”. When he made that statement, it was in reference to the governor taking our VLT money. The VLT money decision was based upon poverty level. People in this county are conscientious about keeping taxing down. We are better off than other communities around the state because we make an effort to do that. There was also mention of a page being taken off the website. This page was removed by the request of Civil Service. There was a discrepancy in the list of positions from the City’s computer system, which he goes by, and the designation that Civil Service makes for those positions. Per their request, the list was taken down to maintain accuracy.

Commissioner Franck stated it was Commissioner Scirocco’s subjective opinion that we lost the VLT money because of us passing a 0% tax increase. Most of the other municipalities that received half the VLT money did not budget for any of the VLT money. So passing a 0% tax increase is not the reason for losing the money – it is a fallacy. It is ludicrous to keep making false statements like this. Also, the reason we are in the hole is because we did not make cuts this summer. He said it this past summer that the cuts were going to come back. There will probably be more if things don’t turn around. He knows sales tax is down and our revenues are down. You can say whatever, but there is no money. We are all going to have to work together on this. What they did before doesn’t matter. The only reason we got the VLT money in 2007 was because of Joe Bruno.

Commissioner Ivins stated he has been saying the same thing since he got in office. He made a presentation in February 2008 saying the same thing. Also, we would have had to have a 23% tax increase last fall to make up for the VLT money.

Commissioner Franck stated when he came in office in January 2006; they had a $4.5 million dollar deficit. After his first term they had a $4 million dollar surplus; a swing of $8 million dollars from 2005 to 2007. The VLT money was put in to build the reserves. He would be shocked if other municipalities get any VLT money this year.

Public Works Department

Discussion and Vote: Amend Resolution 09-100 David Lane (09-306)

Commissioner Scirocco moved and Commissioner Ivins seconded to amend the 09-100 resolution passed at the April 7, 2009 City Council meeting to delete the requirement of the maintenance letter of credit for David Lane.

Commissioner Scirocco advised the cash deposit and the street have been in place for longer for than the 1 year period.

Commissioner Kim asked how long we normally keep the deposit.

Paul Male advised it is usually 10% of the original letter of credit. This particular subdivision started in 1994 and due to the developers lack of interest to get the paperwork to us we are now trying to wrap this up.

Ayes - All

Discussion and Vote: Authorization for the Mayor to Sign a Pre-Cast Curbing Agreement (09-307)

Page 19 of 23 City Council Meeting 10/20/09

Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a pre- cast curbing agreement with Jim Doyle at 90-94 Crescent Street to install 111 linear feet in the amount of $2,220.

Commissioner Scirocco stated Mr. Doyle wrote the check for $2,200 – he will be in tomorrow to resign the contract and pay the extra $20.

Ayes- All

Discussion and Vote: Authorization for Mayor to Sign a Pre-Cast Curbing Agreement (09-308)

Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a pre- cast curbing agreement with Peter DiCarlo of 94 George Street to install 175 linear feet in the amount of $3,500.

Ayes – All

Discussion: CSEA Breast Cancer Awareness Month-Fundraiser

Commissioner Scirocco stated CSEA DPW employees are having a fundraiser for breast cancer.

Gary Benicassa stated this idea was from an employee and they will wear these shirts all month. All proceeds will be donated to breast cancer awareness.

Discussion and Vote: Modification to DOT Supplemental Agreement #4 for South Broadway @ Ballston Avenue (09-309)

Commissioner Scirocco moved and Commissioner Ivins seconded to accept the revised DOT Supplemental Agreement #4 for South Broadway and Ballston Avenue.

Commissioner Scirocco stated the previous agreement submitted to the Council on September 15, 2009, paragraph 8 shows a sum of $541,406.00. The DPW staff found errors in the Barton & Loguidice accounting figures. As a result, DOT asked the City to hold off signing the agreement until the agreement was modified. The revised DOT resolution shows a sum of $625,027, a difference of $83,621; which is still cost neutral for the City.

Mayor Johnson asked how this agreement is different from what they did before.

Paul Male stated the only difference is the number – old number in paragraph 8 was $541,406.00 and the new number is $625,027.

Ayes – All

**Commissioner Scirocco requested a special Council meeting prior to the next regularly scheduled meeting so that DPW can award the bid for the Nelson Avenue Drainage project. The Council meeting was scheduled for October 28th at 8:00 am.

Public Safety Department

Discussion and Vote: Authorization for Mayor to Sign Agreement with Northeast Housing LLC (09-310) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Northeast Housing, LLC in the amount of $94,360 to expire on October 31, 2014.

Page 20 of 23 City Council Meeting 10/20/09

Commissioner Kim stated this is a 5 year agreement. The NAVY has agreed to reimburse the City for public safety services rendered to the NAVY housing site.

Ayes – All

Discussion and Vote: Authorization for Mayor to Sign Agreement for COPS (Community Oriented Policing Services) Grant(09-311)

Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement for a Community Oriented Policing Services Grant (COPS) from the federal government in the amount of $240,000 .

Commissioner Kim stated the grant is in the amount of $240,000. The grant is coming thru the office of Senator Gillibrand. There is no federal money out there for public safety stations. This is not to start our own SWAT team; it is to equip our police officers so they can have rapid deployment in a ‘Columbine’ type situation.

Commissioner Franck confirmed this is a non-matching grant.

Commissioner Kim stated this is a non-matching grant.

Commissioner Ivins stated he is all for getting grant money but he is looking at years down the road – ongoing training costs, replacement of equipment, etc.

Commissioner Kim stated there will be ongoing costs and there are lifespans on the equipment.

Chief Moore explained there is always going to be some costs. We already spend money on training and this will help us fund that. If we are asked to respond to an active shooter with another agency we need to be on the same page as them. What other agencies have that we don’t have is the equipment. We do 2-3 dozen high execution with search warrants annually, but we go in with crowbars from cars or heavy mallets. This grant money is good for 3 years. Assistant Chief Cole wrote this grant.

Joe Scala stated at the time he approved this agreement he had the first page of the contract which was 16 out of the 19 paragraphs. Part of the application – budget narrative, letters A & B were also excluded from the original submission on NOVUS. This was approved pending the final copy being circulated.

Mayor Johnson moved and Commissioner Ivins seconded the amendment to the motion to include authorization for the mayor to sign the COPS grant is contingent upon final approval by the city attorney.

Ayes – All

Discussion and Vote: Amend City Code Parking on Spring Street Between Regent Street and Court Street (09-312)

Commissioner Kim moved and Commissioner Scirocco seconded to amend the City Code section 225- 94 schedule 29 for alternate side of street parking to add Spring Street between Regent Street and Court Street.

Ayes – All

Set Public Hearing: Amend Section 225-94 Seasonal Alternate Side Parking

Commissioner Kim set a public hearing for Tuesday, November 4 , 2009 at 6:55 p.m. for seasonal parking on Horseshoe Drive from Thoroughbred Drive to Furlong Street and Thoroughbred Drive from Crescent Avenue to Furlong Street, and Furlong Street from Vanderbilt Avenue to Thoroughbred Drive.

Page 21 of 23 City Council Meeting 10/20/09

Supervisors

Joanne Yepsen

County Legislative Issues

Supervisor Yepsen reported the full Board of Supervisors and the Legislative Committee came out in opposition to a 2010 license plate re-issuance project. They are going to try to keep the cost down and pass a resolution in opposition.

Land Preservation Grant for Saratoga Springs

Supervisor Yepsen reported they passed today a $30,000 grant that is coming under the County Farmland and Open Space Preservation Program. The City will match the $30,000 to purchase 5+ acres of land along the Kaydeross Creek and give the public access to the creek.

Universal Preservation Hall State Grant

Supervisor Yepsen reported a grant was awarded to a group that is trying to rebuild a historic church in Saratoga Springs. The State Office of Parks, Recreation, and Historic Preservation has awarded the Universal Preservation Hall a $224,256 grant that will be used to finish the renovation of the building’s entrance. That is a matching grant.

Office of the Aging

Supervisor Yepsen reported there will be a public hearing on Oct. 28th from 11:00 a.m. to 1:00 p.m. at the library. This is an opportunity to review the proposed budget and programs the County is offering for the aging population. This hearing is open to the public. They are also holding a care giver symposium on November 4th at the Holiday Inn from 9:00 a.m. to 3:30 p.m.

Sustainable Saratoga

Supervisor Yepsen reported the next meeting of Sustainable Saratoga will be Oct 27th from 7:00 p.m. – 9:00 p.m. at Empire State College.

Matthew Veitch

Geyser Road Bridget Project

Supervisor Veitch reported this project has been on the County’s plate for 4 years. This was a DOT project for the state to replace the bridge. The minimum rating of a bridge to be considered safe is a ‘5’, and this bridge rates a ‘4’. Part of the design of the bridge is to widen the shoulder in anticipation that there will be a multi-use trail along Geyser Road. The City appropriated $4,000 to install sidewalks. Today the County approved to accept $1.9 million in stimulus funds to replace the bridge. The City doesn’t have to appropriate the $4,000 for the sidewalks.

Open Space Grant

Supervisor Veitch reported the City got a $30,000 grant to purchase the property along the Kaydeross Creek.

Back-to-School Stimulus Grants

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Supervisor Veitch reported the governor used some of the stimulus money the state received for back to school grants for children who are economically depressed and have disabilities. The County approved to accept $784,800 for the back to school grants. You are eligible for these grants if you are on food stamps or in the temporary disability program. There are 3,684 families eligible for the grant.

Zim Smith Trail

Supervisor Veitch reported the construction is moving forward towards the Town of Ballston. It starts in Malta and goes down towards Halfmoon. The County approved for the railroad and the County to work together and build the trail along the railroad into the Town of Ballston. The vision is to bring this trail to the State Park in Saratoga Springs.

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 10:30 p.m.

Respectfully submitted,

Lisa Ribis Clerk

Approved: 11-4-09 Vote: 5 - 0

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