City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 18, 2007 6:25 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Mayor Valerie Keehn announced that the city council meeting can be viewed online by going to the city’s website, click on the link to the webcast and then click the big yellow button to start. PUBLIC HEARINGS Capital Program 2008-2013 Mayor Valerie Keehn opened the public hearing on the 2008-2013 capital program. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Storage Containers Mayor Valerie Keehn opened the public hearing to amend chapter 217 of the City Code entitled “Storage containers”. Commissioner Ron Kim said that the containers are the ones often seen at construction sites. The proposed amendment limits the time they can be picked up and dropped off due to concerns of neighborhood associations, changes the fee structure, and requires a $1m insurance policy from the container companies listing the City as additionally insured. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Restore New York Grant Mayor Valerie Keehn said this public hearing is in regards to an application to the Restore New York grant program. She introduced John Lapper to speak about the grant application. John Lapper, Attorney said he is representing BBL Construction tonight to request City support for the application being submitted to the Empire State Development Corporation for the Restore New York grant program. The site in question qualifies because of the contamination on the adjacent Niagara Mohawk site which severely constrains development of this site. He said the proposal is for a restaurant and banquet facility adjacent to the Courtyard Marriott Hotel on the site indicated in a displayed photo rendering showing the portion of the site that currently cannot be developed; and this project has received all required approvals from the City Planning Board and mass and scale approval from the City’s Design Review Commission; and they are required to seek City support for the project. City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Mayor Valerie Keehn asked how the funding structure works. John Lapper explained that the state would provide 90% and the applicant is responsible for 10% of the awarded funding. The total project cost being applied for at the site of remediation is $890,000 based on the program’s formula, but it is possible for the project to be only partially funded. Mayor Keehn asked if there would be a written agreement or document provided to the City. John Lapper replied that based on tonight’s approval, the applicant is committing to the application and project and he will provide something in writing tomorrow to the City Attorney accordingly. Commissioner Ron Kim asked if the Restore New York grants were only available to private entities working near a brownfield. John Lapper said governments could apply and the site could be abandoned or neglected. He said it is too late to apply this year but the program will probably be continued next year. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Special Assessment District Membership Mayor Valerie Keehn said the public hearing is on a proposed local law to amend Chapter 199 of the City code to increase the required number of members of the Downtown Special Assessment district from 9 members to 11 members. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order. She said the City Council convened at 6:25 p.m. and voted to go into executive session to discuss a personnel matter and adjourned at 6:35 p.m. with no action taken. The item is on Commissioner McCabe’s agenda for discussion and vote. PUBLIC COMMENTS Mayor Valerie Keehn opened the first public comment period. Robert Cogan, 495 Crescent Avenue thanked Supervisor Yepsen for initiating the long overdue removal of the log jams on Kaydeross Creek and Lake Lonely. He said Supervisor Yepsen came to a meeting of the Lake Lonely Association, promised to initiate the project at the county level and got it done. David Bronner, 5 Royal Henley Court said he wished to report recent incidents where he was accused of harassment and the case was deemed without merit and subsequently closed, and then the Commissioner of Public Works became involved and called the Commissioner of Public Safety, which he feels is an abuse of power. He accused Commissioner McTygue of silencing free speech through intimidation and trying to influence the outcome of a completed investigation. Commissioner McTygue replied that Mr. Bronner had verbally abused a woman in a parking lot and he was curious about the situation. The discussion escalated into an argument and was quieted by an on-duty police officer who asked Mr. Bronner to leave Council chambers. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATIONS Mayor Keehn thanked Kevin Kling for his work on the webcast and explained again how the public can view the council meeting online. 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 CONSENT AGENDA Commissioner Matt McCabe asked that the September 4, 2007 city council meeting minutes be pulled from the consent agenda. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve items 2 and 3 on the consent agenda as presented. 1. Approval of Minutes: September 4 , 2007 –PULLED 2. Approve Payrolls: 9/7/07 $457,239.35 9/14/07 $421,909 3. Approve Warrants: Mid MC1SEP07 $137,713.45 MC2SEP07 $ 7,571.89 General 2SEP07 $2,993,093 .56 Ayes all. MAYOR’S DEPARTMENT International Day of Peace – Proclamation (07-156) Mayor Valerie Keehn thanked Claire Cafaro and the Peace alliance for the wonderful work they continue to do for peace and read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, the promotion of peace in our troubled world embraces the strongest and most noble hopes of all people, and Whereas, in 1981 the United Nations established an International Day of Peace, an annual event devoted to commemorating and strengthening the ideals of peace within and among all nations and peoples, and Whereas, our city is one of many thousands of communities around the world that has expressed support for the International Day of Peace, Now, Therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, N.Y., hereby proclaim Friday, September 21, 2007 as “International Day of Peace ” in the City of Saratoga Springs, and to urge all citizens to reflect on and appreciate the importance of peace in our world. Clare Cafaro, 4 Bluebird Court said that the day of peace has been proclaimed by the United Nations and on September 21 there will be a silent vigil held in front of the Post Office followed by a walk to the Spirit of Life where they will float candles. Participants are encouraged to wear black armbands in honor of the soldiers that have died in the War in Iraq. Native American Festival – Proclamation (07-157) Mayor Keehn announced the Saratoga Native American Festival is being held in the City for one week. She introduced Joe Bruchac to speak about the festival. Mr. Bruchac said that Saratoga Springs has a long history of interaction with native people. The festival is designed to bring people together for sharing, peace and exhibits. The festival begins with a film festival, First People’s Films at Skidmore College; events at the Saratoga Arts Council and Saratoga Springs Public Library. He said Chief Jake Swamp of the Iroquois will be at High Rock Park to plant a tree of peace. The Native American Festival will be held on Saturday and Sunday and there will be crafts, demonstrations, a children’s tent and many other activities for the whole family. He distributed flyers on the event and thanked Mayor Keehn for inviting him and for the proclamation. Mayor Keehn read the following proclamation: PROCLAMATION 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 CITY OF SARATOGA SPRINGS Whereas, for most Americans the things we know about Native American history are largely based on misconceptions and on more than a century of images and stories from American popular culture. In a few cases the images have been accurate, but only partly so. At best, they have represented the most spectacular aspects of a greater, more complex, more richly gifted people, and Whereas, last year, we in Saratoga Springs were honored to host the first Saratoga Native American Festival, perhaps the largest and most diverse gathering of native people ever held in this area. For two days in September, thousands of people were entertained, educated and inspired by performances, presentations and displays covering every aspect of Native American life and tradition. This year, on September 29th and 30th, the Saratoga Performing Arts Center will showcase the second Saratoga Native American Festival. The performances and demonstrations this year by members of the native peoples represented here will show that, to Native Americans, the world was a place of grace and beauty, defined by nature, filled with tremendous spirit and power, and far more wonderful than popular culture could ever have made it. Now, Therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am Pleased to join with my fellow Saratogians in welcoming all this years festival participants to our city, and to extend to them our very best wishes for good health and a joyous and successful event. Hispanic Heritage Month – Proclamation (07-158) Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS WHEREAS, one of America’s greatest strengths is found in the skills, knowledge, And character of its widely diverse population. For the more than 44 million Americans who proudly trace their roots to Spain, Mexico, and the Spanish speaking countries of Central America, South America, and the Caribbean, the annual observance of Hispanic Heritage Month has become widely accepted celebration of culture and traditions, and WHEREAS, the influence of Hispanic-Origin Americans on our national culture has grown steadily over the years. They are our fastest-growing ethnic group, giving us the third largest Hispanic population in the world. Their businesses generate over 200 billion dollars of revenue each year. They are our co-workers, our neighbors, our friends, and our family, and their contributions to our American identity have been vast and enduring. NOW, THEREFORE, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to proclaim the month of September 15, 2007 to October 15, 2007 as Hispanic Heritage Month in the City of Saratoga Springs. Downtown Special Assessment District Appointments (07-159) Mayor Valerie Keehn changed the order of her agenda items so that the appointment to the Downtown special Assessment district could be discussed and voted on prior to discussion and vote on the Local Law 9 of 2007. Mayor Valerie Keehn said she received a notice from the Downtown Special Assessment District (SAD) board that one of their longstanding board members, Ed Lenz has agreed that it is time for him to step down from the board after many years of service to the city. She expressed gratitude to Ed Lenz on behalf of the City for his commitment to the city of Saratoga Springs through his service on the downtown SAD board and on many other boards in the city. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to nominate Adam Israel to fill the vacancy on the Downtown Special Assessment District Board. Mayor Valerie Keehn said that Adam Israel is a life-long resident of Saratoga Springs, a graduate of RPI with a degree in Business Management and he has worked in the state and local government sectors of KPMG and 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Berring Point. He is a part of a young generation of professionals taking an interest in public service and has unique skills and perspectives that will be an asset to the SAD board. Commissioner John Franck said that Ed Lenz was a founding member of the downtown SAD and he did not want to resign but did what he thought was best because of the lack of available openings. He asked if the nomination could be contingent on the number of members of the board not increasing from 9 to 11. He recommended that Ed Lenz be reappointed if there is an opening next year because he has done an excellent job and his experience is valuable especially to a new member like Adam Israel since youth and veteran membership work well together. Mayor Keehn said that if Adam Israel’s nomination is approved she would pull the vote on the local law from the agenda. Commissioner Matt McCabe said he is voting against the nomination in support of Ed Lenz, not against Adam Israel. Commissioner Tom McTygue credited Ed Lenz with making the downtown business district what it is today. He said Ed Lenz always welcomed Council members to the meetings, was great to work with, and he is sorry to see him go but it is a decision he made in order to help the board move ahead. Mayor Keehn said that it was the SAD board’s idea to pole the current membership to see if a member would step off in anticipation of adding a new member and since his term had expired, Ed Lenz volunteered to step aside – the board did not want the membership numbers increased. She said she received an email from Tim Mabee, Chairperson stating that Ed Lenz agreed not to be reappointed in order for the Mayor to appoint Adam Israel. Ayes: 4 Nays: 1 (McCabe) Mayor Valerie Keehn moved and Commissioner John Franck seconded to reappoint Tim Mabee and Rod Sutton to the downtown Special Assessment District Board. Tim Mabee’s term would expire July 31, 2011 and Rod Sutton ’s term would expire July 31, 201 0. Ayes all Special Assessment District Membership – Local Law No. 9 of 2007 Mayor Valerie Keehn pulled this item from the agenda. Restore NY Initiative Program (07-160) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the following resolution with the condition that any matching funds for the grant are to be provided by the private development group and authorization does not constitute an appropriation or commitment of city funds for this project: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, the Restore NY Communities Initiative is a program designated to encourage economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties. Funding is available for projects to demolish, deconstruct, rehabilitate and/or reconstruct vacant, abandoned, condemned (contaminated) and surplus properties, and WHEREAS, BBL Development Group, 302 Washington Avenue Extension, Albany, NY has requested that the City of Saratoga Springs consider their property located at 47 Excelsior Avenue, for inclusion in the Restore NY Communities Initiative. The proposed project consists of the construction of a new 2 story-12,000 square foot restaurant and banquet facility. The proposed building will have an architectural design complimentary of the rich architectural history of Saratoga Springs and will consist of primarily brick or stone facades, detailed window treatment and masonry colors that compliment the adjacent Courtyard by Marriott hotel. The site plan has been 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 fully approved by the City Planning Board and the Design Review Commission has granted mass and scale approval; and WHEREAS, as a result of previous activities on adjacent property, ground water contamination leached onto the 47 Excelsior Avenue site. This leaching necessitates the installation of a “Barrier Wall Extension” thus limiting the area for development. The proposed project is the redevelopment of a property adjacent to an EPA Superfund Site. As a result of the previous contamination and clean-up, a substantial portion of the property remains un-developable and can be used for parking only. In order to develop within the limited building envelope available on the property, a +/- 40’ retaining wall must be constructed at an expense of over $1,000,000. This specific design feature represents nearly 20% of the total project cost. The grant money will allow a contaminated property to be redeveloped creating additional jobs and increasing property values. The City has identified this property and already completed and submitted a non-binding Letter of Intent to the EDSC on Monday, August 20th, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council finds, after a public hearing, that the City shall proceed with the application for funding under the Restore NY Communities Initiative Program for the proposed restaurant and banquet facility at 47 Excelsior Avenue. 2. The Council finds that the proposed project is consistent with the municipality’s local revitalization or urban development plan; that the proposed financing is appropriate for the specific project, that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and that the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities. Ayes all Saratoga Springs Preservation Foundation for Preservation of 360 Conference (07-161) Bradley Birge, Director of the Office of Planning and Economic Development said the City has received a CLG grant from the state in the amount of $19,000. The approval for the contract is for the City to agree to work with the Saratoga Springs Preservation Foundation in developing the Preservation 360 conference which is an annual conference. The funding allows for a state-wide outreach, and all of the funds are paid through the state grant with no city funds involved. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the contract with the Saratoga Springs Preservation Foundation contingent upon the approval of the Risk and Safety Manager. Ayes all ACCOUNTS DEPARTMENT Award of Bid: Canfield Casino Clerestory & Roof Repairs (07-162) Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commis sioner Matthew McCabe seconded to award the bid for the Canfield Casino Clerestory & Roof Repairs to Titan Roofing of Chicopee, MA, lowest acceptable bidder, in the amount of $284,800 plus Alt. #2 at $17,500 for a total of $302,300 , and further move to authorize the Mayor to sign the contract. This motion is also contingent upon all contract documents being reviewed by the City’s Risk & Safety Manager and the City Attorney. Ayes all. Award of Bid: Nelson Avenue Drainage (07-163) Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the Nelson Avenue Drainage to W. M. Schultz in the amount of $212,215 and further move to authorize the Mayor to sign the contract. This motion is contingent upon all contract documents being reviewed by the City’s Risk & Safety Manager and the City Attorney . Ayes all FINANCE DEPARTMENT Personnel Matter (07-164) Commissioner Matthew McCabe moved and Commissioner John Franck seconded for Council approval of administrative leave limited as defined in executive session . Ayes all 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Budget Transfers – Payroll, Regular & Benefits Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers previously distributed. A budget transfer moves appropriations from one line to another; it does not increase the original budget. The following transfers are each listed separately per the budget transfer policy. They have all met the transfer guidelines and the availability of funds is hereby certified (Attachment A). Commissioner McCabe said there are 22 payroll transfers to or from payroll expense lines in the General Fund and the Water Fund with a net total of $19,725.04 and all are $5,000 or under and correct deficits in personal services lines. There are 19 regular transfers to or from other expense lines in the General fund, the Water Fund and the Sewer Fund, with a net total of $85,642.18. Four of the transfers cover the cost of equipment repairs and chemicals for the water treatment plant in the Water Fund, with a net amount of $70,771. There are 2 transfers to or from Insurance expense lines in the General Fund, with a net total of $1,500 to cover a defensive driving course. Ayes all Budget Transfers - Water fund Contingency Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the budget transfers for the Water Fund Contingency that were previously distributed. This set of transfers is listed separately per the budget transfer policy and have met the transfer guidelines and the availability of funds is hereby certified . (Attachment B) These transfers in the amount of $32,098.38 are from the Water Fund Contingency to Water Fund expense lines for sick Leave pay-out due to a retirement and for health insurance costs over amounts budgeted. These transfers are within the Water Fund budget and have nothing to do with the General Fund budget. The balance remaining in the Water Fund contingency is $124,358.43. Ayes all Budget Amendments Commissioner Matthew McCabe moved Commissioner John Franck seconded to approve the budget amendments as previously distributed. A budget amendment changes total adopted budget for that fund, increasing or decreasing a revenue line, while increasing or decreasing corresponding expense lines. The budget remains in balance with the approval of a budget amendment. These amendments have met the amendment guidelines and the availability of funds is hereby certified . (Attachment D) There are 21 budget amendments to the General Fund, the City Center Fund, and the Water Fund budgets totaling $36,496.64. Ayes all Reopening Section 384(d) of the Retirement and Social Security Law (07-165) Commissioner Matthew McCabe said that per the (Police Benevolent Association) PBA contract memorandum of understanding (MOU) signed and dated 10/27/2006, the second bullet under 2007 states “384e(b)retirement goes into effect. City will, with the assistance of the PBA, take all action necessary to include the 3 members currently enrolled in the 25-year retirement plan.” He said that at the time the contract was negotiated and settled, all PO officers were in 384 (d) except three, who were in 375 (I) In order to be eligible for 384e(b), the officers must be in 384(d). He said that 384e(b) has a more lucrative retirement and allows any officer to retire earlier. This is the last step of a multi-step process. The City must pass the resolution that was distributed to include these officers in 384(d) and fulfill the terms of the MOU: BE IT RESOLVED: that the governing board of the City of Saratoga Springs, does hereby assume the additional cost required to provide the reopening of Section 384-d of the Retirement and Social Security Law, pursuant to Chapter 677 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 of the Laws of 2007. ” Commissioner Matthew McCabe said the resolution states that the City “does hereby assume the additional cost required to reopen Section 384(d)” and it also includes a certification indicating that the officers’ negligence is not the reason that they were not in 384(d) in the past. He said that the cost of the plan is about $7.500 every year, plus about $361,000 for past service. The $361,000 can be paid in installments: the 10-year plan would be approximately $49,800 per year (6.8% interest paid to the state). The first payment is due on February 1, 2008, and will be included in the 2008 Comprehensive budget. Resolution reopening Section 384- d of the Retirement and Social Security Law for John J. King, William J. Crandall and Michael R. Biss, as set forth in Chapter 677 (Laws of 2007). Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the resolution and the amounts as set forth. Ayes all Contract for Actuarial/Attestation of Benefits (07-166) Commissioner Matthew McCabe said that in 2005 the City began participating in a new federal drug subsidy program known as the “Retiree Drug Subsidy”. The Federal Government (through the Centers for Medicare & Medicaid Services or CMS) is encouraging employers to continue offering prescription drug benefits to Medicare eligible employees/retirees by offering a subsidy of 28% of prescription drug claims within certain parameters. The program has been difficult to administer. The City budgeted $50,000 for 2006 and received $27,052 thus far – 2006 is not yet closed. $30K was budgeted for 2007. He said that the City’s health care broker, Adirondack Trust Company is very familiar with RDS and has assured that the City will receive funds due under the program, however delayed. At this point it remains cost beneficial to participate although alternatives have been explored. Applying for the subsidy requires a multitude of steps within a tight timeframe. At this time the City is required to offer an annual official actuarial determination called an “attestation” that our prescription drug coverage meets the guidelines for participation. The contract distributed is the attestation, to be completed by Reden and Anders, Ltd. This company has completed our attestation for the last two years. They are familiar with the program, the City’s health care benefits, and there has been a very positive experience. The cost, up to $1,500 is slightly lower than last year. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded for authorization for the Mayor to sign a contract with Reden and Anders, Ltd. For services in connection with the application to participate in the “Retiree Drug Subsidy ” in an amount of up to $1,500 contingent upon approval by the City Attorney. The contract has been approved by the Purchasing Department and the Risk and Safety Manager, and there are funds in the Finance Department budget for payments. Ayes all. Mayor Keehn complimented Health Benefits Coordinator Linda Curley for her work on this program. Capital Budget and Bonding Workshop Commissioner Matthew McCabe announced that the Finance Department is hosting a workshop on capital budgets in general and bonding and explained that it is not to review the merits and demerits of the City’s proposed Capital Program; but to discuss financial issues involved in bonding. He asked the members of the Council to submit specific questions in advance so that the guest speakers have a chance to be prepared in their responses. The guests are Jeanine Rodgers Caruso, Executive VP of Fiscal Advisors & Marketing, Inc. and Joan Bleikamp, Esq. of Walsh & Walsh, LLP. The date is Monday September 24th at 3:00 p.m. in the City Council Chambers. Commissioner McCabe stated that this meeting will be subject to the open meetings law and open to the public like all workshops intended for the entire Council He asked Assistant City Attorney Izzo to publicize the meeting and though the primary purpose of the meeting is to assist the Council in bonding and financial matters, accordingly, the public may be allowed to speak at the end of the workshop, only as time permits. Resolution to Appropriate “Recreation Fees” Zoning Ordinance Chapter 240 Article V, Section 5.10 (07-167) Commissioner McCabe explained that at the 8/15/2006 City Council meeting, the City Council voted to amend the zoning code Chapter 240, Article V. Section 5.10 to authorize the Planning Board to collect a “recreation 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 fee” of $1,500 for each residential unit of every new apartment or condominium in the same manner as it collects for each residential unit of subdivisions. These fees are currently being collected and placed in a trust account, which holds about $154,205. The amounts collected per year have been as follows: In 1999-$47,250; 2000-$91,500; 2001-$46,000; 2002-$46,000; 2003-$86,700; 2004-$44,000; 2005-$40,800; 2006-$53,700 and from January through August in 2007, $48,000.00. The total projected collection in 2007 is $72,000 for all kinds of units including condos. The city currently appropriates about $40,000 each year to pay down the Ice Rink debt. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded for Council approval to appropriate an amount of $30,000 into the 2008 Debt Service Budget funds from the Recreation Fees assessed/collected under Zoning Ordinance Chapter 240, Article V, Section 5.10 to be used towards the debt service on the 2007 Bonded Indebtedness for the New Indoor Recreation Facility, which was in the amount of $4,330,000. Ayes all DEPARTMENT WORKS DEPARTMENT Commissioner McTygue said in reference to the situation in the public comment period that he was interrupted when trying to explain the issue under discussion and Mr. Bronner’s information was incorrect. Commissioner Kim said the role of the police officer is to keep the peace and they anticipated this situation, which is why the officer was present. Commissioner Franck said that Commissioner McTygue was well within the rules of conduct but Mr. Bronner was clearly out of order yet allowed to continue under the civility clause and the Police Officer was out of line correcting Commissioner McTygue. Johnson Control Contract Commissioner McTygue asked Chris Kalwara, Account Executive with Johnson Controls, to discuss the project and the contract. Chris Kalwara said they have recently completed the process of developing an energy performance contract for the City and have presented an agreement to the City to move forward and implement the recommendations that total over $1.5m worth of energy-efficiency improvements in city-owned facilities. He said it is a wide-ranging scope of work including retro-fitting lighting, replacing boilers and chillers in the Casino, and installing solar panels in the future DPW building now occupied by National Grid. He said the project is self-funding because the resulting savings will pay for the work. Mayor Keehn said there was a committee formed to review the RFP to ask questions and make recommendations but they were not given a chance to review the contract yet Mark Torpee, an Engineer with NYSERDA and a member of the committee submitted a long list of questions regarding this contract; the committee should have an opportunity to review the contract to ensure the inclusion of the items they recommended, and Chris Kalwara should review and respond to the questions. Bill McTygue said the committee was charged to conduct a review of proposals and they sat with the various vendors that responded to the RFP and ultimately recommended awarding the contract to Johnson Controls. He said the committee provided a series of recommendations to further enhance the initial proposals of Johnson Controls and the company agreed to each request, so the committee was satisfied that Johnson Controls is committed to the project and a contract should be developed. The creation of the contract falls under the purview of the administrators in City Hall and not the committee; he said it has taken several months to develop the agreement and the process needs to continue moving forward in order to complete some of the work before the heating season begins, particularly the work on the heating system of the Water Treatment Plant. Commissioner McCabe said he agrees that it a good project that has been developed methodically and should be moved forward, but he was just presented with the questions tonight and feels that council members do not always read contracts carefully enough with attention to detail and it could cost the City more than anticipated. Commissioner McTygue objected to the fact that Commissioners McCabe and Kim and Mayor Keehn have a copy of the questions and his office was not given a copy; and the contract was discussed at the agenda meeting and these questions were not discussed. Commissioner Franck said that the Risk and Safety Manager already reviewed the contract and accepted it, and the reason the City has a Risk and Safety Manager and a City Attorney is to carefully examine every detail 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 of these contracts otherwise every RFP and contract with the City could be delayed, so the Council should accept the contract tonight contingent upon review of the concerns submitted by Mr. Torpee. William McTygue said the basics of the contract were distributed to the members of the City Council September 5, and the Risk and Safety Manager and the City Attorney each received a copy of the entire document for their review. No comments or questions were received. Mayor Keehn said that the City is investing over $1.5 million dollars in this project and it is worthwhile, but Mark Torpee had concerns that are worthy of the Council’s attention particularly because he works for the agency that funds the project. Two of his concerns is that the total cost of the project is listed as $1.65m but there is no comprehensive breakdown of costs provided by Johnson Controls and they asked for an aggressive payment schedule with the last payment due prior to completion of the project and he believes the City should demand a payment schedule that minimizes the risk to the City and keeps the City informed and in control. Chris Kalwara said that Johnson Controls provided a complete detailed cost breakdown to the Director of Finance; the payment schedule is over a period of six to seven months and reflects payments throughout the construction period and the last payment is not due until the City accepts the work and signs a certificate of substantial completion. Mayor Keehn said that Mr. Torpee asked about the reduction in the size of the solar panel system reduced to 6.3 kilowatts because NYS rebates provide coverage up to 25 kilowatts, which is what the committee recommended. Chris Kalwara responded that solar power has a long payback period and the City requested that the project be self-funding, the savings pay for the work, and the principle interest payments paid out of savings. In order to include solar, they had to downsize the size of the solar project in order to reduce the cost so that lower payback would not impact the ability of the savings to pay the principle and interest payments to make the project self-funding. Commissioner Kim said he is concerned about the escalation rate and this was addressed several months ago by Mark Torpee and there seems to be significant disagreement about whether the 3% escalation rate is appropriate since it affects the impact of the bottom line of the contract. Commissioner Kim stated that he would not support the contract with the escalation rate as stated. Chris Kalwara said that the customer sets the escalation rate; the City should state the percentage to plug in, Johnson Controls is not dictating that the rate should be 3%; the City has a choice with the rate, they could keep it flat if desired, and he explained how they arrived at 3% and said if the City is not comfortable with that rate the City can dictate the rate they want and it would be a fixed rate. Commissioner McCabe asked if the final payment was due prior to the completion of the work. Chris Kalwara said they can provide a payment schedule based on a schedule of values, percentage of completion, whatever the City prefers; typically the company documents the percentage of the work completed when requesting a payment. Mayor Keehn suggested that the committee have a chance to examine the contract and address the concerns. William McTygue said there is a lot of comprehensive language in the contract that he relied upon the City’s experts including the Risk and Safety Manager and the Director of Finance to interpret; the committee has done its work. The project focuses on and has a direct impact upon the budget of DPW facilities, guarantees savings and makes good financial and environmental sense. Mayor Keehn said that Mr. Torpee’s job is to review these contracts and she suggested that Mr. Kalwara meet with him and any City Council member who is interested and discuss the concerns. William McTygue said there were policy judgment calls involved with the contract such as not retrofitting the ice rinks with solar energy because the return and quick savings would not be there since the rinks are already supplied with an efficient co-generation system so there is no net gain to replace it with a solar system but Mr. Torpee was pushing the project in this impractical direction. Commissioner McTygue said his office distributed the material on September 5 and there were no questions or concerns raised until now, so this appears to be another lack of communication; a tactic used by the Mayor to disrupt a contract brought by DPW for approval. Commissioner Franck said the City Attorney could have dealt with this, three council members have the list of concerns and two do not, it is politics as usual. 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 The City Council agreed to hold a brief meeting on Monday at 3:00 p.m. prior to Commissioner McCabe’s finance workshop to vote on this matter. Stilsing Electric (07-168) Commis sioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the change order with Stilsing Electric in the amount of $2,000 for electrical work for the disinfection system at the Water Treatment Plant. This change order represents less than one percent of the original contract amount . Ayes all. Announce Paving Schedule Commissioner Thomas McTygue announced the paving schedule as follows: Monday, September 24 pave Outlook Avenue Tuesday, September 25 pave Karen Drive & Grand Avenue Wednesday, September 26 pave Lee Drive Thursday, September 27 pave Buff Road Geyser Road Bridge Agreement Commissioner Thomas McTygue pulled this item from the agenda. South Broadway Reconstruction Project-Set Public Hearing Commissioner Thomas McTygue requested that a public hearing be set for October 2, 2007 at 6:50 p.m. on the South Broadway Reconstruction Project. Recreation Facility Commissioner McTygue distributed a rendering and presented a proposal of a west side recreational facility for a site across from the parking lot of the new Saratoga Springs YMCA. He said he is continuing to pursue this and have discussions with officials from the YMCA. He said the proposal is not as massive as the recreation facility proposed for the Weibel Avenue site, but would eliminate traffic problems, and allow children from the ‘West side, from Jefferson Terrace and Geyser Crest to walk to a recreation facility adjacent to the YMCA and could be constructed for a little over two million dollars. This has the support of the West Side Neighborhood Association and he is presenting the entire plan at their meeting on Thursday September 20. Mayor Keehn noted that the City Council has not reviewed nor signed off on this proposal. DEPARTMENT OF PUBLIC SAFETY Storage Containers (07-169) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to adopt the Storage Container Ordinance as follows: AN ORDINANCE TO AMEND CHAPTER 217 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED “STORAGE CONTAINERS ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. A new Chapter 217 of the Code of the City of Saratoga Springs, New York, entitled “Storage Containers ”, is hereby created to replace the current Chapter 217, to read as follows: Section 217-1. Definitions 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Storage container – any portable container, receptacle, or device of a type commonly used for the temporary storage of personal property, garbage, rubbish, refuse, construction debris, or other materials. The term shall include, but not be limited to, trailers, shipping containers, and dumpsters. Section 217-2. Authority of Code Administrator The Code Administrator is hereby authorized to issue licenses for storage containers pursuant to this chapter. The Code Administrator shall provide forms for applicants and shall have the authority to revise or amend said forms at any time. Section 217-3. License Required A. Every person, firm, corporation, or legal entity who wishes to place a storage container at any location within the City of Saratoga Springs shall be required to obtain a license therefore from the Code Administrator in any of the following circumstances: 1) When the container is manufactured and designed to be transported, serviced, and/or manipulated by motorized or mechanical apparatus, except when such container is designed exclusively for frequent curbside pickup as part of a residential use. 2) When the container is placed in whole or in part on public property. 3) When the container is placed on private property for more than three (3) months. (Containers placed at locations for less than 3 months must be reported and registered with the office of Code Administration.) B. Obtaining said license shall be the responsibility of the person, firm, corporation or legal entity that owns or occupies the premises on which the container is to be placed, or any person, firm, corporation or legal entity engaged in the business of providing storage containers. C. Application for such license shall be made on forms provided by the Code Administrator. Each application shall state: 1) The name, address and phone number of the applicant, and, if the applicant is engaged in the business of providing storage containers, the name, address, and phone number of the person, firm, corporation or legal entity to whom each container will be provided. 2) If the applicant is an agent, the name, address and phone number of the person, firm, corporation or legal entity that he or she represents 3) The area or areas within the City where the applicant wishes to place one or more storage containers. 4) A detailed description of each storage container applied for, including each container ’s height, weight, square footage, length, and width. 5) The location of each proposed storage container, including a drawing or map showing the location of nearby buildings, sidewalks, streets, alleys, and other public ways. 6) The period of time each storage container shall remain in place. 7) Any other information as may be required by the Code Administrator to properly and adequately review the application. D. Each application shall be accompanied by the required license fee. E. The Code Administrator shall have the authority to reject any application that presents, in his or her judgment, a dangerous or hazardous situation to any person or persons or to the public. In rejecting any such application, the Code Administrator shall state the reasons for rejection. F. Any person, firm, corporation or legal entity engaged in the business of providing storage containers shall contain proof that the applicant has in effect commercial general liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate, naming the City of Saratoga Springs as additional insured. Each applicant shall also execute a hold harmless agreement indemnifying the City against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of his or her enterprise. G. Every person, firm, corporation or legal entity engaged in the business of providing storage containers shall file a letter in the Office of Code Administration indicating its business office and telephone number, and shall inform the Office of Code Administration of the locations of all storage containers he or she provides that are subject to permit under this chapter. Section 217-4. Storage Containers on Public Property. Any application to place a storage container in any public street, sidewalk, highway, public place, or public way, or on any property owned by the City of Saratoga Springs may be referred to the 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Department of Public Works for comments and recommendations. The Commissioner of Public Safety shall have authority to impose such restrictions and/or modifications on the application that will, in his judgment, reasonably protect the said public street, sidewalk, highway, public place, public way or property. The Commissioner of Public Safety shall state reasons for any such restriction and/or modification. Section 217-5. Fees. The following fees shall be required for licenses issued under this chapter: CATEGORY FEE Containers placed no longer than 3 months none Each container placed 3 months or more $5.00 per month Each container placed annually $60.00 Surcharge for each storage container placed on public property $25.00 Section 217-6. Restrictions The delivery, removal and servicing of storage containers shall only be conducted between the hours of 7:00 a.m. and 10:00 p.m. in all residential and commercial areas. Section 217-7. Issuance of Licenses A. Upon a finding that all requirements under this Chapter have been met, the Code Administrator may issue a license to the applicant. The Code Administrator shall have the authority to impose reasonable conditions upon the placement and/or use of any storage container. B. Each license shall contain a statement that the licensee shall authorize the City of Saratoga Springs, and/or its officials, representatives, and employees, to remove the licensed storage container or containers, without notice to the licensee, in any event of public emergency. C. Any license may be amended or renewed upon proper application to the Code Administrator. Section 217-8. Penalties for Offenses; Removal A. The Code Administrator may cause any storage container placed in violation of this Chapter or in violation of the terms of any issued license to be removed. Such removal may be effected without notice when the Code Administrator determines, in his sole discretion that the container presents an imminent danger or hazard to a person or persons or to the public. The Code Administrator shall, to the extent practicable, notify the licensee of the container to be removed. If the licensee cannot be located despite reasonable efforts, or if the licensee fails or refuses to remove the container within a reasonable time, the Code Administrator shall have authority to remove the container, and may cause such removed container to be discarded or destroyed or sold at public auction. B. Any person who violates any of the provisions of this Chapter shall, upon conviction, be subject to the penalty set down in Chapter 1, General Provisions, Article III of the Code. SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all Fire Apparatus Unlimited Maintenance Contract (07-170) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the annual maintenance contract with Fire Apparatus Unlimited at the rates specified in the contract. Commissioner Ron Kim said the agreement covers the maintenance of the Fire Department’s emergency equipment and the money is in the budget. Commissioner McCabe asked for the total amount of the contract. Deputy Commissioner Frank Dudla explained that it is a service contract consisting of particular rates per inspection and a rate schedule and the money is budgeted annually. Ayes all Paramedic Internship with HVCC Agreement (07-171) 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Commissioner Ron Kim stated that when initially hired firefighters are trained in paramedic studies, then they do an internship with Hudson Valley Community College to maintain licensing as paramedics. Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign an agreement with Hudson Valley Community College to provide paramedic internships contingent upon approval of the contract by the City ’s Risk and Safety Manager. Commissioner Ron Kim said that the agreement has no budgetary impact to the City. Ayes all SUPERVISORS Joanne Yepsen Report on County Board of Supervisor’s September meeting Supervisor Yepsen reported that the Board passed several resolutions including a $54,000 agreement with Saratoga Bridges to provide a disability program, Navigator, throughout the County. September Deceased Veteran’s Program This month’s program honored Joseph Charles Arpey, a 1933 graduate of Saratoga High School; the award was presented to his family for his service in the 94th Infantry Division. Senate Racing and Wagering Committee Meeting Supervisor Yepsen and Racing Committee Chair Tom Wood attended the hearings and had a meeting with Senator Little indicating that the Governor’s MOU was not detailed enough regarding local zoning and planning and they requested citizen representation from the County on the new NYRA panel. Grants to You: October 5-6 Supervisor Yepsen announced a scheduled seminar teaching people how to research and write grants for non- profit organizations October 5 and 6 at Skidmore College; register at www.grantstoyou.org I LIVE NEW YORK Summit Today the First Lady of New York held the first of many sessions scheduled throughout upstate New York of the “I Live New York” summit y regarding how to preserve and create jobs for college graduates to encourage them to remain in upstate New York. Thank you to the Community for Supporting the 2nd Annual Jazz BBQ Supervisor Yepsen thanked everyone who participated in the fundraiser for the Frederick Allen Lodge. Cheryl Keyrouze Capital Region Local Government Council Supervisor Keyrouze announced that the Capital Region Council will be hosting a meeting on September 25 where John Clarkson, Executive Director of the NYS Commission on Local Government Efficiency and Competitiveness will be the guest speaker to share an update on the commission’s activities and some of the key findings to improve the effectiveness and efficiency of local governments in a growing regional economy. 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 Electronic Funding for childcare Workers Supervisor Keyrouze said the Family Childcare Association of New York State is interested in forwarding the mission to bring electronic funding for childcare workers throughout New York State, and will hold meetings in the near future; she will keep the City Council updated. NYSAC Legislative Standing Committee Supervisor Keyrouze said the NYSAC committee will meet September 20 to discuss the many resolutions proposed to the 2008 legislature and copies of the resolutions are available upon request. Workforce Housing Committee There will be a Workforce Housing Committee meeting on September 24 to discuss the references to affordable housing within the City’s proposed Comprehensive Plan. Explore NY 400-Quadricentennial Celebrations Planned for 2009 to Commemorate Henry Hudson’s First Voyage up the Hudson River Supervisor Keyrouze is forming a committee to devise an Explore NY 400 project for Saratoga Springs and requested that the City Council members recommend volunteers for this committee. New York Horse Park Advisory Committee Supervisor Keyrouze pulled this item from her agenda. Citizens Transportation Committee of Saratoga County A. Senior citizens Trial Bus Run Supervisor Keyrouze announced trial bus runs scheduled on September 21 in Wilton; September 25 and 26 at Raymond Watkins Apartments, Stonequist Apartments and the Senior Center, and September 28, at Kirby Village and Kirby West; beginning at 10 a.m. each day. B. Senior Citizens Bus Stops Are Not Yet finalized Supervisor Keyrouze stated that the bus stops will not be finalized until the trial runs are conducted and evaluated by the CDTA to ensure what is best for the seniors. PUBLIC COMMENT Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. Commissioner Matthew McCabe thanked Kevin Kling for his work on the web casting. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting . Ayes all There being no further business, Mayor Valerie Keehn adjourned the meeting at 8:30 p.m. Respectfully submitted, Nancy Wagner Clerk Approved: 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 18, 2007 16 of 16