City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, September 16, 2008 6:40 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor 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 Zoning Map Amendment - Gridley Street Mayor Scott Johnson opened the public hearing on the zoning map amendment for Gridley Street at 6:45 p.m. Tony Izzo explained these properties are going from residential to institutional horse track. This has been in front of the Planning board and is back in front of City Council this evening. No one spoke. Mayor Johnson closed the public hearing at 6:48 p.m. Amend Chapter 225-69 of the City Code – Speed Limit on Wilshire Blvd. City Council Meeting 9/16/08 Mayor Scott Johnson opened the public hearing on the speed limit on Wilshire Blvd. at 6:48 p.m. Commissioner Ivins inquired if 30 mph is the lowest the speed limit is able to go or can it go lower, as per the e-mail received from a resident. Commissioner Kim advised that the current NYS Vehicle and Traffic Law, Section 16-43 prohibits any city from establishing a speed limit less than 30 mph except for a school district, where the speed limit can be 15 mph or for designated highways you can establish less than 25 mph. Section 16-43 places a floor on how low the speed limit can go. If we were to post a 25 mph on this route, we would have to post 14 signs along the street rather than 2 to keep it at the 30 mph pursuant to this section of the law. Actually, this street is listed as 55 mph due to a planning board mistake. This is why we are here to change the speed limit. If we are to start looking at 25 mph in one area, we are going to get a lot of requests for this. A speed limit sign is $65 without labor for installation. The default is 30 mph in the City. Tony Izzo advised an amendment on passage is usually allowed if a minor change. It could be argued effectively that changing the speed limit is not a minor change. Dropping the speed limit to another number would be best to place a new legal notice and new public hearing. Commissioner Kim advised they receive questions regarding why the speed limit in the state park is 25 mph. The signs in the state park are there because it is the state park and the City doesn’t regulate those roads. No one spoke. Mayor Johnson closed the public hearing at 6:53 p.m. Amend Chapter 225-69 Speed Limit on Tiffany Place Mayor Scott Johnson opened the public hearing on the speed limit on Tiffany Place at 6:53 p.m. Commissioner Kim advised there were no traffic standards were established when this development was approved by the planning board. No one spoke. Mayor Johnson closed the public hearing at 6:55 p.m. Amend Chapter 225-77 – Stop Sign on Wilshire Blvd. @ Tiffany Place Mayor Scott Johnson opened the public hearing on the stop sign on Wilshire Blvd. at Tiffany Place at 6:55 p.m. Commissioner Kim advised this is the same area where we are establishing the traffic safety parameters of the area. We are putting it in the City Code. This was neglected when this development was first established. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Page 2 of 14 City Council Meeting 9/16/08 Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Johnson opened the public comment period at 7:01 p.m. Wilma Koss of 160 Kaydeross Park Road. She wanted to thank the City Council for taking action last Friday on the capital budget. A signal was also sent to the tax payers that infrastructure and security is very important to every member of the Council. She appreciates the work they are doing. Frank Barrone 91 Van Dam Street stated that his experience with Public Safety has been impeccable. They have been very helpful to him in his time(s) of need. He hopes the community looks forward to the new building for the safety of the children and the people of this community. He also stated he works for DPW and requested that their checks be put in envelopes so their pay and deductions are kept private. Jeff Olsen of 10 Clark Street. He doesn’t believe the public has seen the SEQRA documents for the indoor recreation facility. The public hearings held have shown there is a lot of opposition to this project. Alternatives have not been discussed with the community or neighborhood in a meaningful way. He doesn’t feel a presentation was done like the Waterfront Property Project (which was nicely done). He asked the council to not vote, negatively declare the recreation field on a number of points; particularly public involvement, lack of showing alternatives, environmental impacts that have to be dealt with and documented. This is not a small project. Let’s stop and take a look at better solutions. Mary Izzo Miner of 4 Vanderbilt Avenue stated when any project is being done, you have to look at who benefits. She doesn’t feel the tax payers benefit from the new indoor recreation center. The money being taken for this project destroys much of what is there, open park land. People are expressing the need for their recreation field (east side, west side). The $6 million dollars should be used to improve the existing recreation fields, not destroy what we have. That neighborhood doesn’t benefit, the youth of the City doesn’t benefit from a few basketball courts and racquetball courts. We are taking away from the youths and using them as an agenda. Reconsider this decision and not go ahead with it. Robin Haynes of Jefferson Terrace stated she talks with the children in the Terrace and was told that they didn’t have a place to go play as all the green area was filled with other children or restricted. Apparently there is little information for the public on this building. On behalf of the children and the neighborhood, she doesn’t feel this is a good thing to take away open space. This town is getting crowded and the kids are cramped in, it is not going to benefit them. Ann Bullock of 86 Lincoln Avenue, why hasn’t the SEQRA been placed on the City website for the public to review. The announcement of the Westside Celebration is posted in its entirety on the website. You can’t vote on this tonight as the public has not had a chance to see it and comment on it. John Kirwin of 94 Lincoln Avenue. This is the 5th or 6th time he has addressed this body in the past 6 months. He is concerned that the SEQRA document states there is no public controversy regarding this project. We have heard 4 or 5 people who are opposed to it. He can’t understand how you can say there is no controversy on this project. Kyle York of 59 Railroad Place congratulated the Council on what they accomplished on Friday. Many questions went unanswered regarding the public safety building project such as where is the furniture going to come from, etc. He is undecided on the recreation center. There was response on the recreation center when questions were raised. Mayor Johnson closed the public comment period at 7:15 p.m. because the fifteen minutes had elapsed. With no objection by the Council, Supervisor Yepsen presented her agenda due to a personal commitment. Joanne Yepsen Page 3 of 14 City Council Meeting 9/16/08 Update on New York Thoroughbred Racing Fan Association (TRFA): This was launched in Saratoga on July 10, 2008. They wanted to give the fans a voice and provide more access to the track industry for the local businesses. By the end of this meet, we welcomed people from more than 26 states. The board and advisory board are growing and will move on to Belmont and Aqueduct. County Committee Reports:  Legislative and Research – they have been lobbying for additional Medicaid reimbursements that are now going to become available to county nursing homes. Maplewood Manor in Ballston Spa will be the recipient of a one time payment based on Medicaid patient days collectively of $11 million dollars in NYS. The County will contribute half of it; it is still a net benefit of $5.5 million for Saratoga County.  Land Preservation Recommendations – resolution was passed today at the Board Supervisors Committee included the Saratoga County Farmland Open Space Preservation Program to give matching grants to purchase development or other rights or outright ownership of productive agricultural and open space land. Out of 10 applications for land preservation, 4 were funded; 3 farms and 1 open space. County Governance: Openness & Communication A study has been conducted over the past 2 years by the league of women voters on county government, in particular openness and communications. They presented to the Board of Supervisors today 2 suggestions; having to do with releasing the agenda to the public further in advance and having less time required to sign up to speak in front of the full board. She fully endorses these suggestions and will be working with them making the County budget more transparent over the next couple of months. NYS Enhanced Drivers’ Licenses An enhanced program has started today where more identity and a passport to cross boarders will be issued. Upcoming Events:  Sept. 20 @ 7p.m. Free Concert at SPAC with the United States Army Field Band  Sept. 27 @ 4p.m. – 8 p.m. – 3rd Annual Jazz BBQ to benefit the Fredrick Allen Lodge on Beekman Street. They are hoping to raise the additional funds needed to finish that project. CONSENT AGENDA Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of Minutes 9/2/08 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 9/5/08 $478,109.91 5. Approve Payroll 9/12/08 $445,583.36 6. Approve Warrant 2008 Mid MC1SEP08 $498,910.52 7. Approve Warrant 2008 Regular 2SEPT08 $396,836.79 8. Award of Bid: Potable Water & Stormwater Testing to CNA Environmental - $23,802.50 9. Award of Bid: Website Redesign to Hound Dog Graphics - $12,200.00 Page 4 of 14 City Council Meeting 9/16/08 Commissioner Ivins announced that a few vouchers had to be pulled at the last minute; therefore the warrant amount for #7 is $395,566.54. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to enter into contract with CA Smith for asbestos removal at the former Waterfront Restaurant (08-166) Mayor Johnson moved and Commissioner Franck seconded to approve the Mayor to enter into contract with CA Smith for asbestos removal at the former Waterfront Restaurant. Commissioner Kim asked how this project is different than the asbestos work done previously. Mayor Johnson advised this work is specific to the old restaurant building. The previous work was for a completely different building. The intention is to do the analysis and then demolish the structure. Ayes – All Discussion and Vote: Authorization for Mayor to sign Embury Agreement + PILOT (08-165) Mayor Johnson moved and Commissioner Ivins seconded to approve the Mayor to sign Embury agreement + PILOT. Mayor Johnson advised they do not have the PILOT agreement or the purchase agreement. They should have this by tomorrow. The City will actually be owner of this property for about 5 minutes. This is a continuation of the PILOT agreement that has been in effect for years. This comes to light because of the rehabilitation of Embury. Ayes – All Discussion and Vote: Authorization to reinstate Michael Biffer, on a temporary basis to review application by Embury (08-167) Mayor Johnson moved and Commissioner Ivins seconded to reinstate Michael Biffer on a temporary basis to review application by Embury. It is beyond the capacity of the existing building department. It is crucial that this get done on a timely basis. In order to not to burden the building department and prioritize Embury over existing applicants, it was suggested to bring Michael Biffer back for this purpose alone. The Mayor applauded Mike Biffer's willingness to come back and assist the City in this important project. He will come back at the rate he was earning as a City employee. The Civil Service Commission has been consulted on this and does not have any objection. Embury will be reimbursing the City for Mr. Biffer’s work. Commissioner Scirocco asked if union approval was required. Mayor Johnson advised he has spoken with Civil Service. Tony Izzo advised the Council that there is a letter of agreement, should they decide to approve this action this evening, you may also wish to authorize the Mayor to sign this agreement which states Embury will pay to the City all costs associated with the engaging of this employee for this purpose. Ayes – All Page 5 of 14 City Council Meeting 9/16/08 Discussion and Vote: Negative declaration on SEQRA for Indoor Recreation Center Mayor Johnson pulled this item. He confirmed the SEQRA had not been posted. He apologized for it not being posted. It will be included in the next City Council meeting. Announcement: West Side Celebration on Saturday, September 20, 2008 Mayor Johnson announced the celebration of the West Side for this Saturday, September 20th in conjunction with Franklin Community Center. The theme is honoring the new and treasuring the old. It is an important community celebration that recognizes the past while embracing the future. Discussion: RFP Workshop Mayor Johnson announced at the conclusion of this meeting, before the meeting is closed, the Council will remain for a RFP workshop on the development of public safety solutions and the development of City land behind City Hall. ACCOUNTS DEPARTMENT Discussion: Natural Gas Contract Commissioner Franck announced that at the October 7th meeting he will have a representative from the Chamber of Commerce Energy Program discuss the City’s options on whether we should use a fixed or variable rates relating to our natural gas usage. This will be done annually. Commissioner Ivins asked if any numbers are available, he would appreciate knowing as he is working on department budgets for next year. Set Public Hearing: Zoning Map Amendment – S & D Realty Management West & Grand Ave. Commissioner Franck advised that at their May 28, 2008 meeting the Planning Board reviewed the West Ave. and Grand Ave. Zoning Map Amendment Request to change the zoning designation of tax parcel # 165.72-1-23, 165.72-1-25, and 165.72-1-22 from Urban Residential-2 (single-family residential) and Transect-4 (Urban Neighborhood) to a Transect-5 (Neighborhood Center). The Planning Board issued an unfavorable advisory opinion on this request for the following reasons:  Transition between zoning districts. A T-5 district adjacent to a UR-2 district does not provide an adequate transition between a single family zone (UR-2) and a more intense development zone (T-5). A continuum form UR-2 to T-4 to T-5 establishes a more appropriate transition and is generally more accordant with the Comprehensive Plan.  Expansion of the West Avenue-Northern Area Special Development Area. The adopted Comprehensive Plan identifies a Special Development District for the northern area of West Avenue that is focused along the frontage of the West Avenue Corridor. Expanding the T-5 district into a single family residential district along Grand Avenue would be inconsistent with the limits of the Special Development District. Therefore I need to set a public hearing for October 7, at 6:55 pm and also upon the recommendation of the planning board I will refer this request to the Saratoga County Planning Board pursuant to General Municipal Law Sect. 239-m. Page 6 of 14 City Council Meeting 9/16/08 Commissioner Franck set a public hearing for zoning map amendment for S & D Realty Management on West Ave. & Grand Ave. for Tuesday, October 7, 2008 at 6:55 p.m. Discussion and Vote: Zoning Map Amendment – Gridley Street (08- 168) Commissioner Franck moved and Commissioner Scirocco seconded for the approval of a zoning map amendment on Gridley Street. Commissioner Franck stated pursuant to the Council’s request for an advisory opinion on July 15, the Planning Board reviewed the Zoning Map Amendment at their August 13th meeting. The proposed zoning map amendment petition requests a change in the zoning designation for lots located at the corner of Gridley and Jefferson Streets. The request would change the zoning designation for these parcels from UR-2 to the Institutional Horse Track related district (INST-HTR). The Planning Board, as required by Article XV, Section 240-15.3 of the City’s Zoning Ordinance, reviewed the proposed change and determined that: 1) the revision is not contrary to the general purpose and intent of this Chapter and 2) the revision is accordant with the Comprehensive Plan. The Saratoga County Planning Board also reviewed this request on September 4, 2008 and determined there is no present countywide impact. A SEQRA short environmental assessment form has been completed and it has been determined that there are no significant environmental impacts anticipated. Therefore, I move to issue a negative SEQRA determination and to approve the zoning amendment request from UR-2 to Institutional Horse Track related district. Ayes – All Announcement: Restaurant License Report Commissioner Franck announced that the Accounts Department has worked over the past several months to streamline the process of restaurant license renewals. Since we have started this new process we have taken in almost $20,000 in renewal monies (past due and regular renewal). He thanked Sheila Brooks and Angel Lackner for all their efforts. Announcement: Rescind RFP 2007-52 High Rock Parking Lot Commissioner Franck announced the RFP for the High Rock Parking Lot is being rescinded as the direction for development of this lot has changed. Discussion and Vote: Resolution to Change Polling Place (08-169) Commissioner Franck moved and Commissioner Scirocco seconded the change in polling place to City Hall or Dance Museum . Commissioner Franck advised that on the recommendation of the City Center and pursuant to Section 4- 104 of Election Law he moved to adopt the attached resolution to move districts 3, 4, 8, 9, and 25 from the City Center to the Museum of Dance and/or the Music Hall in City Hall. This resolution will go to the Saratoga County Board of Elections for inspection by the League of Women Voters, and HABA. If the proposed locations are approved, the State of New York will notify the City by May 1, 2009 and the new polling places will be established for the next election cycle. Commissioner Scirocco asked if location of voting booths could be put in main hallway in City Hall. Commissioner Kim advised we need to think about signs, directory that exists in City Hall in relation to the law of no campaigning within 100 yards of a polling place. Commissioner Franck advised the County Board of Elections would have to review this. Page 7 of 14 City Council Meeting 9/16/08 Tony Izzo advised that the review process is extensive. This is just a recommendation or suggestion this Council is making. The County Board may review under their criteria and modify it to fit the law. Ayes – All FINANCE DEPARTMENT Announcement: North Woods Work Day Thank You Commissioner Ivins advised last Saturday many people came out to help rehab the trails at the North Woods behind Skidmore College. He thanked everyone that came out; Skidmore students, faculty, members of the community, Boys Scouts, Jaycees, Supervisor Veitch, Deputy Jarosh, etc. They built 7 steps, dug 4 water bars to divert water and prevent erosion, and put in stepping stones to cross the stream. About 20-25 people came out. They are looking to do something again in the spring. He thanked Allerdice Building for donation of steps. The contribution to this community is appreciated. Discussion and Vote: DPS Payroll Transfer (08-170) Commissioner Ivins moved and Commissioner Kim seconded the DPS Payroll Transfers. Commissioner Ivins advised payroll transfers are approved separately. Normally transfers are done in the consent agendas. Most of this is for overtime. Ayes – All Discussion: City Finances Mortgage tax is down, approximately 10-15% range. Sales tax was down for July but still up for the year. Hope the rest of the fall goes well and the Christmas season boosts back up. He has been working on the budget and plans to make adjustments for each department to review. His goal is to have an increase of local property taxes of only 1-2%. To do this, he believes he will have to cut 3-4 million dollars. A lot of that is a reduction of this year’s budget, so we will actually be spending in some areas less than we did in 2008. Don’t be surprised if you see staff positions defunded. They are also going to be looking very closely at overtime. He advised Commissioner Scirocco’s and Commissioner Kim’s budgets make up about 75 – 80% of the City’s budget so expect some big cuts. He will be available to meet with each department after departments have had a chance to review. PUBLIC WORKS DEPARMENT Set Public Hearing: Amend the 2008 Capital Budget for the Geyser Road Sewer Project Commissioner Scirocco set a public hearing for amending the 2008 Capital Budget for the Geyser Road Sewer Project for Tuesday, October 7, 2008 at 6:50 p.m. Discussion and Vote: Authorization for Mayor to Sign MS4 Stormwater Agreement (08- 171) Commissioner Scirocco moved and Commissioner Franck seconded for the Mayor to sign the MS4 Stormwater Agreement. Page 8 of 14 City Council Meeting 9/16/08 Commissioner Scirocco stated this agreement is in the amount of $15K. It assures compliance with the NYDEC regulation per the state pollution discharge elimination system (MS4). The funding is in their budget; in the off street parking line, professional services. Ayes – All Discussion and Vote: Authorization for the Mayor to sign contract Agreements with Barton & Loguidice (08- 172) Commissioner Scirocco moved and Commissioner Ivins seconded for the Mayor to sign contract agreements with Barton & Loguidice. Commissioner Scirocco stated the first contract is for treatment of iron in the Interlaken wells in the amount of $3,300. The funding is in the budget under the Interlaken Water System Improvements. The second contract is for supplemental sodium hypochloride at the water treatment plant in the amountof $2,700. Funding is in the DPW budget under water treatment plant disinfection. Ayes – All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Amend Chapter 225-69 to set Speed Limit at 30 mph on Tiffany Place from Geyser Road to Geyser Road and on Wilshire Blvd. from Tiffany Place to end (08- 173) Commissioner Kim moved and Commissioner Scirocco seconded for the speed limits on Tiffany Place from Geyser Road to Geyser Road and on Wilshire Blvd. from Tiffany Place to end at 30 mph. Ayes – All Discussion and Vote: Amend Chapter 225-77 of the City Code for a Stop sign on Wilshire Blvd. east at Tiffany Place (08- 174) Commissioner Kim moved and Commissioner Scirocco seconded for the installation of a stop sign on Wilshire Blvd. east at Tiffany Place. Ayes – All Discussion: Update on Officer Braim Commissioner Kim advised that Officer Ed Braim responded to a call on Union Ave. The call related to many students from Skidmore College. While taking one of the students into custody, Office Braim sustained cracked ribs and will be out for the better part of the next month or two. There is an ongoing investigation; therefore, he couldn’t give any additional details. Skidmore security has fully cooperated with the City Police Department’s investigation. Commissioner Kim wanted to thank them for this. The college has opened up their campus to the Officers to lecture about binge drinking and other issues. Communication and education is the best way to deal with this. SUPERVISORS Matthew Veitch Update: Saratoga County Airport Security The County has put $19k for new security gates at the airport. Page 9 of 14 City Council Meeting 9/16/08 Update: County Emergency Radio Project The County retained Blue Wing Consulting for the duration of the project. They also approved bonding of $7 million to finish the radio project. So far the project has been paid in cash. Update: County Open Space and Farmland Preservation Grants The City was not successful in the 2 applications submitted for grant. The applications were borderline as far as the criteria. They encouraged the City to apply again next year. Open space projects and farmland preservation is what they were looking for. The County has suggested the City look at some of our prior projects, maybe the County can reimburse for previous projects. Mayor Johnson stated the City’s applications were a passive use component. A pocket park was one and the acquiring of the southside recreation field. The County seems to be favoring purchasing something and having no use or preserving farm land. Update: County Proposal for MS4 Stormwater Management Program The County has an employee who has been 100% funded by the state who has been the County coordinator for the stormwater management program. There are 16 different municipalities who are considered MS4 areas. The proposal is to have an intermunicipal agreement to continue to fund the position at the County as well as take over some of the responsibilities that would pass to the municipalities if we didn’t kick into this. This person would be responsible for public education, public participation and involvement, record keeping and data management, public contact for stormwater related issues, etc. The proposal for these people would be $150 for next year. Broken up at $60K at the county and $90K to be split up among the towns. An average community in the County would pay $6,456.66. Based upon population you would pay more of less. Saratoga Springs would pay $13, 514. This way the position would be funded and we get the services of the County to coordinate everything. The state funding will be ending. We don’t want to be put in a situation where the City would have fund a stormwater management program itself. As more MS4 communities are created, our contribution will go down as more communities pay into the fund. Commissioner Scirocco believes this is a great program and will same a lot of time and money. Paul Male is the representative for the City. He believes the $13K would be money well spent. Supervisor Veitch advised the County’s budget is finalized yet so he doesn’t know for sure yet that this is going to happen. Commissioner Ivins asked what the feelings are of other supervisors around the County. Is there any talk of the County picking up all the funding? Supervisor Veitch hasn’t heard any alternative proposals. Mayor Johnson advised this concluded the regular portion of the City Council Meeting. A five minute break would be taken before the Council reconvened for the RFP workshop. RFP Workshop – High Rock Lots Mayor Johnson advised the public the Council had met on September 8, 2008 in a workshop format to come up with a joint proposal by the Council to gain integrity and liability to anyone who may bid on this Page 10 of 14 City Council Meeting 9/16/08 project. The meeting was successful in hammering out the scope of the work and now they are back to address some remaining issues. Proposed changes have just been submitted by Public Safety and Public Works. Mayor Johnson asked Commissioner Kim which changes are being proposed. Commissioner Kim advised there were only a couple changes in red. One on the cover and page 10. Other than that he just had some questions to understand the language. Deputy Boxley advised she has changes submitted by Joe Scala on September 10th. These changes are on the server on the public drive. The changes are dated and have Joe’s initials on it. She will have those changes scanned in and will have those changes for the next review. Deputy Boxley advised the public that the City Attorney’s changes were technical changes with punctuation. On the first page the bid number was missing (not selected yet), ‘Prepared by’ should be the City Council, he took out brackets for guide; enter the name of the RFP. He does similar things on the following pages. On page 5 of 24, he has an indicator that there is a performance bond required. On page 6, #11 & #12 those are not applicable and will come out. Commissioner Kim stated that was one of his questions. Deputy Boxley continued with page 8, #22 is irrelevant and should be taken out. Page 9, item 1 first paragraph bold print needs date for a pre-bid meeting date if we decide to have one. It is up to the Council if they want to do this. There will be a presentation by each bidder so it may not be necessary. Commissioner Kim asked if a pre-bid meeting improves the bid. Deputy Boxley explained the pre-bid meeting is normally used for a very technical bid that requires certain elements. The engineers normally hold these meetings. Pg. 9, #2 he took out the brackets and he added a ‘c’ which will be anticipated remand date,‘d’ will be proposed contract start date, and ‘e’ is contract execution meetings (monthly updates, daily construction site meetings, and daily safety meeting). Pg. 11, Joe Scala believes there is an append contract. Pg. 13, bid bond is not applicable. Pg. 21, performance bond needs to have as applicable taken out. Commissioner Kim asked if there were any changes to award of contract/rejection of bid section. He doesn’t feel this is applicable with this RFP as written. It could be the highest bidder that is selected. Commissioner Franck advised the wording is based upon procurement policies. Council doesn’t have to go with the lowest bidder, but needs to explain why they didn’t. Mayor Johnson reminded everyone that it is the lowest ‘qualified’ bidder. This adds another wrinkle. Commissioner Kim went on to describe the ‘red marked’ changes he and Commissioner Scirocco are proposing. On the cover page, they are identifying the offices that worked on this. Page 10, they would like to put back on the table LEAD certification. The $9.7 million dollar building was going to be LEAD certified (a green building). That was part of the design bid package. They were going for the lowest certification. There are energy savings, but there are also additional construction costs. Commissioner Ivins stated from his recollection of the public safety building presentation, there were a lot of energy efficiencies built in to the building but it may not qualify as LEAD certification because some of those things were so cost prohibited. He would love to see it but didn’t think that was the reality. Commissioner Kim stated they had achieved 32 points; 26 points is the minimum needed for LEAD certification. There is a process to make sure you are complying with the design to get the certification. Page 11 of 14 City Council Meeting 9/16/08 They have identified how they could build that into the design, then they would have to perform on it. They already applied to NYSERDA for funding assistance. Mayor Johnson recalled that they were unable to tell what savings we would actually have with that certification. The cost involved with being any level LEAD certified is substantial. How as a council can they decide if they want to do LEAD certified as opposed to being more environmentally friendly and efficient. Commissioner Scirocco asked isn’t the geothermal for the recreation center green. Mayor Johnson stated it is a green item but the recreation center is not a LEAD certified building because it is cost prohibitive. Commissioner Scirocco stated any level of certification would be a cost savings down the road to the City. Mayor Johnson is not discounting being more efficient, he believes they should be looking at all of that. It is nice to be green and LEAD certified but if the City can’t afford it or may not be able to afford it, why put LEAD certification in as a condition of the contract. Commissioner Ivins is concerned with being locked in and not having flexibility. Commissioner Kim suggested requesting the additional construction costs and operational savings if a LEAD certified building is being proposed. Mayor Johnson suggests it be an option for the responding bidder, do not lock the responding bidder in to it. Commissioner Kim asked if LEAD certification should be a qualification or an option. Commissioner Scirocco feels if the RFP is written as LEAD certified, it will draw the developers in that do this kind of work. They may have ideas where you can save money. Commissioner Franck stated he is concerned with the timeframe. He wants to get this in within the budget timeline. Deputy Boxley suggested adding optional LEAD certification analysis under deliverables. Tony Izzo suggested that once the criteria is established, a sentence or two should be adding stating nothing in this paragraph shall prevent the City from accepting a proposal that does not meet every qualification of this paragraph. Commissioner Kim confirmed that the paragraph Tony Izzo referred to will go after the scope of work and before the deliverables. He suggested the following wording: “energy efficiency should be an element of design and construction, any proposal that responds with a cost effective LEAD certified public safety building will be given preference”. Mayor Johnson suggested ‘preference’ may be too strong; use ‘will be viewed favorably’. Commissioner Kim read back the sentence as follows: “Energy efficiency should be an element of design and construction. Any response that proposes a cost effective LEAD certified public safety building will be given favorable consideration”. He went on to say the second item on that page was to give little more meat to financing plan or deliverables. They thought to ask what is the fiscal impact to city. Is there revenue, additional leasing cost. Commissioner Ivins feels it is helpful to get the fiscal information the first time through. Commissioner Kim stated the final change they wanted to make is adding the contact information. Page 12 of 14 City Council Meeting 9/16/08 Commissioner Franck stated that the cover page should say City Council. The last page should say the City Council as part of the contact. Commissioner Scirocco states per charter, the Commissioner of Public Safety is required to provide public safety for the people of the City. Commissioner Kim should be designated as the contact person and maybe an alternative. Commissioner Franck stated if it was just a police station, he would agree with Commissioner Scirocco on the contact person, but there are a lot of different things going on here. He wants this to continue to be a joint effort of the Council. Commissioner Kim stated all questions relating to the public safety station can be directed to him and other questions can be directed to whomever owns that area. As far as the front page, he is fine with it saying prepared by the City Council. Commissioner Franck recapped that they agreed on the ‘prepared by’ on the first page saying City Council, they agreed on the wording on the LEAD certification, and they agreed with the financing plan. Deputy Boxley clarified the contact on any document is normally Commissioner Franck unless they are technical in nature, then they have Paul Male or Deb LaBreche. The questions they are referring to in this are questions specific to any technical or in regards to submission. Commissioner Kim suggested breakdown which question goes to which person. Mayor Johnson had a concern that is not misconstrued as delegation to oversee any construction of the facility once it is undertaken. This is a joint City Council project. Commissioner Ivins supported listing Commissioner Franck for technical, Commissioner Kim for items relating to the police station, and Commissioner Scirocco for other items or his designee. Mayor Johnson suggested outlining in the RFP that public facilities and infrastructure should be referred to DPW, police needs goes to Commissioner Kim, City planning and zoning should go to the Mayor’s Department, and technical questions on the bid process should go to the Accounts Department. That’s how it works anyway. All agreed to this. Commissioner Franck stated Michele will type this up tomorrow morning and get copies to the Council for review and approval. Deputy Boxley advised that the staff is ready to get this in the mail, envelopes and labels are done. A final copy has to be approved by the full Council, each member has to approve that their changes have been made accurately and appropriately. Then the envelopes will be stuffed, mailed and the RFP will be posted to the websites mentioned at the last meeting. Commissioner Kim asked for list of who will receive the RFP. Commissioner Kim had one other point on page 8, Section 21 – equal employment clause is inconsistent with page 15 which has a discrimination clause. Page 8 reflects the federal law where page 15 reflects the state law. If you take page 15 and put on section 21 that will incorporate everyone. Deputy Boxley stated they will take out Section 21 and just leave the reference on page 15. Mayor Johnson stated WICKS law has not been addressed. Analysis done by the City Attorney and outside council from the City Center, it has been confirmed the City does have the unique option, an exemption from the requirement to go WICKS law. This is not being confused with prevailing wage. It may be a savings to us to alert potential bidders that it may not be a WICKS law job. We should take every fiscal advantage. It should be notice somehow that the City is not bound by the WICKS law. Page 13 of 14 City Council Meeting 9/16/08 Deputy Boxley stated it could be placed on page 7 where it talks about prevailing wage. We could leave 21 in and apply the appropriate language. Mayor Johnson said his department can have that language by morning. Commissioner Ivins confirmed there is no requirement for vote prior to sending the RFP out. Commissioner Franck stated he will not send this out until all 5 have agreed. Deputy Boxley stated she will get the revisions out to everyone by noon and asked that everyone get it back to her by 4 p.m. All agreed to that timeframe. Deputy Finneran had one additional question on page 10, 4th sentence from bottom should be changed to take out the reference that currently there is no funding for this project. Mayor Johnson stated adding in preference will be given to cost control approach. Commissioner Franck stated he is not in agreement that they will need more than $3 million for bonding. He said if the RFP came in that way, he would agree to more. They will not go forward without a credit of the parking lot behind us and the Collamer parking lot. Also, an option is to look at a tax base on the non- police station property. That would help towards bonding. It may be a lease buy back option, which would not affect the bonding but would affect the tax rate. We may want to look at possibly raising sales tax used specifically for the cost of this building. If we added 1% point (from 7% - 8%) we would split with the county. That could be $3million dollars a year in sales tax revenue. It could be set at Council a temporary sales tax for 2-3 years to pay this off. He estimated that 60% to 2/3 of sales tax is generated from people who do not live in the city. Also, it is not true that the longer we wait, the more it costs. Building is down significantly, steel has come down, etc. We may be in better position with developers. Deputy Finneran asked if we would have to go to legislature to do the tax increase. Commissioner Franck stated there are certain things we would have to do, but he is just putting ideas out there. We could also go to the County and ask them for a little larger share of the sales tax for a short period of time. By law they don’t have to take half of it. 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 9:13 pm. Respectfully submitted, Lisa Ribis Clerk Approved: Page 14 of 14