City Council

August 18, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:35 PM P.H. – Request Waiver from Local Law #6 for 498 Crescent Avenue 6:40 PM P.H. – Amend 2009 Capital Budget – Geyser Crest Well Fields 6:50 PM P.H. – Gilbert Road Water District 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of City Council Minutes for 8-4-09 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 8/07/09 $440,820.78 5. Approve Payroll 8/14/09 $448,005.92 6. Approve Warrant 2009 Mid MC2AUG09 $129,246.33 7. Approve Warrant 2009 Regular 2AUG09 $324,608.44 8. Approve Warrant 2009 Regular 3AUG09 $5,353.56 MAYOR’S DEPARTMENT 1. Discussion and Vote: Resolution Authorizing Trask Memorial EPF Application 2. Discussion and Vote: Resolution Authorizing Waterfront Park EPF Application ACCOUNTS DEPARTMENT 1. Award of Bid: Church Street Reconstruction Project to DelSignore Blacktop Paving, Inc. 2. Award of Bid: Geyser Crest Well Field Improvements to Iota Construction and Stilsing Electric City Council Meeting 8/18/09 3. Award of Bid: Gilbert Road Waterline to Highlander Construction 4. Discussion and Vote: Waiver of Local Law #6 for 498 Crescent Avenue FINANCE DEPARTMENT 1. Discussion and Vote: Department of Public Safety Payroll Transfers 2. Discussion and Vote: Recreation Department Payroll Transfer 3. Discussion and Vote: Department of Public Works Payroll Transfers 4. Discussion and Vote: Local Law #2 of 2009 – Special Assessment District 1 of 2009 for Gilbert Road II Water District 5. Discussion: City Website Re-design 6. Discussion: Set 2010 Budget Workshops 7. City Finances PUBLIC WORKS DEPARMENT 1. Discussion and Vote: Authorization for Mayor to Sign a Change Order with Kubricky for South Broadway Project 2. Announcement: Memorial Bricks/Veteran’s Walk of Honor PUBLIC SAFETY DEPARMTENT 1. Discussion and Vote: Request for Mayor to Sign Agreement with Wolfe Security SUPERVISORS Joanne Yepsen 1. Board of Supervisor’s August Meetings 2. Accessing Federal Recovery and Reinvestment Funds Program 3. Guardian House for Homeless Women Veterans Matthew Veitch 1. Green Committee 2. County Day at the Races 3. Saratoga County Honor a Deceased Veteran ADJOURN Page 2 of 11 City Council Meeting 8/18/09 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 18, 2009 6:35 P.M. PRESENT: 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: Shauna Sutton, Deputy Mayor Michele Boxley, Deputy Commissioner, Accounts Kate Jarosh, Deputy Commissioner, Finance Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney EXCUSED: Scott Johnson, Mayor ABSCENT: Patrick Design, Deputy Commissioner, DPW 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 Request Waiver from Local Law #6 for 498 Crescent Avenue Commissioner Ivins opened the public hearing at 6:36 p.m. Paul Male advised this is a request from Lisa Varano, owner of parcel at 498 Crescent Avenue. She is requesting a waiver from Local Law #6 and has submitted a plan for the installation of a septic system. Her engineer has stated they designed the system to meet all DOH standards and there are no adverse environmental concerns. Per Paul’s review of the plan, it meets all the requirements for a standard septic system. He also stated the closest body of water is 400 ft. away – Lake Lonely. Lisa Varano of 41 Zenas Drive, Queensbury stated she sent a follow up letter to the Council stating she is willing to adhere to the requested items in Lela Doyle’s (President of the Saratoga Lake Association) letter. All her savings went into the purchase of this lot and plans to build a modest 2,100 square foot home. She is a single mom who owns a commercial design firm in Saratoga and would also love to reside here. Lela Doyle responded to the copy of her letter and stated she was not able to attends tonight’s meeting, however, if Lisa is willing to take the actions Saratoga Lake Association described in the July 21st, the Saratoga Lake Association does not have a strong objection to her proceeding with the project. Commissioner Ivins closed the public hearing at 6:40 p.m. Page 3 of 11 City Council Meeting 8/18/09 Amend 2009 Capital Budget – Geyser Crest Well Fields Commissioner Ivins opened the public hearing at 6:40 p.m. Commissioner Scirocco introduced Rich Straut of Barton & Loguidice to provide an overview of the project and to answer any questions. Rich Straut advised $550,000 was appropriated and the project amount is being increased to $845,000. The Geyser Crest Well Field is the main supply of water for the Geyser Crest subdivision and supplies excess water to the City proper. It was about 20 years ago when the last upgrades were done. The Department of Health identified concerns over the disinfection of the water at the last inspection; the water needed to be in contact with chlorine for a greater period of time before it reached the first customer. If this wasn’t done and completed by December 1st of this year, the residents served by that system would have to boil water until the problem was fixed. Barton & Loguidice secured a grant for the analysis of the well field. They looked at the technical issues of fixing the well fields and payback for other improvement measures. A lot of the energy conservation measures would pay themselves back. The total construction costs by the bids are estimated to be $706,624 with a total estimated project cost of $845,000. That difference is expected to pay itself back by the energy savings. They did apply for a grant; about $250,000 for this project. He expects to hear soon. Commissioner Franck stated he wanted to put it on record that he lives within a mile of that location. Commissioner Ivins asked how much of the money must be spent to meet the DEC requirements versus the amount that is for ‘would like to do’s’? Mr. Straut advised there is a breakdown in the study of the detail costs. The initial $550,000 estimate was targeted at the disinfection to meet the minimum requirements. The differential is for the other improvements. Those items will pay themselves back through energy savings. Commissioner Ivins asked if Rich Straut was going to send the breakdowns to the Council. Rich Straut stated he can, but the breakdown is also in the report that was distributed. Commissioner Scirocco stated he plans to bring this item to the special capital budget meeting on Monday, August 24th for a vote. Commissioner Ivins stated the can have the bond resolution ready as early as Monday so the Council can act on this Monday evening. Commissioner Ivins closed the public hearing at 6:50 p.m. Gilbert Road Water District II Commissioner Ivins opened the public hearing at 6:50 p.m. Commissioner Ivins advised this issue is on his agenda for tonight. He met with a majority of the landowners of that area. They signed a petition to support the creation of the special assessment district. The cost to the neighbors is $335 per year for 30 years for the 9 existing developed properties within the district. For existing undeveloped parcels the cost is $3,000 flat fee. If the undeveloped parcels should ever be developed, they will begin to pay the $335 per year minus the $3,000 already paid. He appreciates the residents working on this with him. Theresa Cappazola of 57 Gilbert Road thanked the Council and their deputies for all their help. They never thought they would get water when they saw the waterline at the other end of Gilbert Road stop a ¼ mile from their homes. Page 4 of 11 City Council Meeting 8/18/09 Al Callucci of 9 Lexington Road stated he is glad this project is coming to conclusion. He stated that if the monies in this bond are applicable to completing the loop, he believes the City should do that. We may be able to get as good of a price if not better to have the work done while the construction company is here. Remijia Foy of 95 Oak Street stated the rationale presented at the table regarding this project was the pipe under the Northway might collapse. The mayor asked the city engineer what the longevity of the pipe was – the city engineer answered a long time. That pipe and the other 2 pipes under the Northway were placed in a ‘sleeve’, which was designed to protect the pipes from the pounding of the traffic. She wanted the public to know some of the facts relating to this project. The same rationale should be applied to the pipes which are pounded by traffic daily on Broadway – where these pipes have been in the ground for a hundred years. If we are worried about pipes in the ground and supplying water service, where are we with replacing pipes the 4 inch lines that were part of a capital project years ago. A red flag is the original cost being estimatedat $700,000 and the cost of the project was dropped at the last meeting by $200,000 - $300,000 – which number is credible? The $300,000 mentioned at the Council table has the fingerprints of change orders. She sure the cost will be much more than the $300,000. All the water users in our City should be made aware of the impact projects like this will have on their water rates long term. We need to be concerned about consistency of policy. Policies should not be developed that are going to impose additional levies and fees on all users unless they are informed in advance. We are in line for big sewer increases due to the County sewer plant renovation. Paul Male advised they received 11 bids for the Gilbert Road project. He can guarantee there will be change orders. The lowest bid is $351,265 with the highest bid being $666,000. Commissioner Ivins stated they are looking to bond $400,000. Paul advised that number is correct. That number is being bonded in case there are change orders. He also mentioned that in the last 2 years, they put in $400,000 to upgrade the 4 inch lines. Commissioner Ivins closed the public hearing at 7:03 p.m. CALL TO ORDER Commissioner Ivins called the meeting to order at 7:04 p.m. Commissioner Ivins read the following statement from the mayor: To The City Council and the Public, Please accept my apologies for not attending tonight’s City Council meeting. At this very moment, my family and I are traveling cross country to begin our son’s freshman year at college. He is due to enroll tomorrow and there wasn’t enough time to both attend tonight’s meeting and keep this schedule. I’m sure you all understand family commitments and the importance of this occasion. I’ve purposely kept my department’s agenda tonight to a minimum and do not see any Council agenda item that would absolutely need my vote or otherwise adversely affect our City. Thank you for your understanding. Sincerely, Mayor Johnson PUBLIC COMM IENT PERIOD Commissioner Ivins opened the public comment period at 7:06 p.m. Commissioner Ivins 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. Page 5 of 11 City Council Meeting 8/18/09 Dave Bronner of 5 Royal Henly Court stated he is here to make the Council and public aware of a public safety concern of his. On Saturday afternoon while driving on Phila Street he had a police car come up behind him; he pulled off to the side and the car passed. He continued up Phila Street and encountered another police car heading toward him, the wrong way on Phila Street, a one way street. He doesn’t feel public safety was taken into consideration when this occurred – a public safety hazard was created. Our officers need to be well schooled in how to respond to emergency situations. Al Callucci of 9 Lexington Road stated SPAC argued that the City considering a surcharge would hurt their attendance. SPAC’s own policy does the same thing – their contract is based upon the attendance of 200,000 people or less, that inhibits growth. They have a $6 and up surcharge on every ticket; if that doesn’t bother anyone, why should a $2 charge bother anyone. When there is a major concert, they increase the admission to the park from $6 to $10 for everyone whether they are going to the concert or not. We are asking for $2, they are getting $6, $12, $18. So we should use their argument in our favor and he asked the Council to pursue that immediately. Commissioner Kim asked for clarification of the 200,000. Mr. Callucci stated SPAC’s contract with Live Nation is based upon an attendance of 200,000 people. They get $1 million dollars if their attendance is 200,000 people or less. If they go over 200,000 there is a special percentage that occurs. Commissioner Kim stated the Park Police have already been in touch with public safety stating they will need their help if the Dave Matthews Band comes to SPAC next year for the 4th of July. We do have costs associated with SPAC events. Commissioner Ivins stated they have been in contact with the State Comptroller’s Office regarding the legality of the City doing this. They will not budget for this next year. Commissioner Ivins closed the public comment period at 7:15 pm. Consent Agenda Commissioner Ivins moved and Commissioner Scirocco seconded to approve the consent agenda stated as follows: 1. Approval of City Council Minutes for 8-4-09 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 8/07/09 $440,820.78 5. Approve Payroll 8/14/09 $448,005.92 6. Approve Warrant 2009 Mid MC2AUG09 $129,246.33 7. Approve Warrant 2009 Regular 2AUG09 $324,608.44 8. Approve Warrant 2009 Regular 3AUG09 $5,353.56 Ayes – All Mayor’s Department Discussion and Vote: Resolution Authorizing Trask Memorial EPF Application (09-242) Commissioner Ivins moved and Commissioner Scirocco seconded to authorize the mayor to submit the EPF application for funds to assist in the restoration of the Spencer Trask Memorial in Congress Park . Commissioner Ivins stated the mayor is requesting the Council to issue a resolution authorizing application to the New York State Office of Parks, Recreation and Historic Preservation, under the Environmental Protection Page 6 of 11 City Council Meeting 8/18/09 Act of 1993, for funds to assist in the restoration of the Spencer Trask Memorial in Congress Park. The application has a due date of September 14, 2009. We are seeking grant funding not to exceed $175,000, with a requirement of matching funds from the City of $125,000 and $50,000 in eligible in-kind services. This would not result in any City expenditures in 2009 or 2010, with the first expected commencement date of 2011 as the grant award announcements are not expected until early summer of 2010. Last year, there were noticeable and documented portions of the memorial whose repair is essential to this site, listed on the National Register of Historic Places. Lew Benton stated he was here upon request of the mayor to answer any questions of the Council. Ayes – All Discussion and Vote: Resolution Authorizing Waterfront Park EPF Application (09-243) Commissioner Ivins moved and Commissioner Franck seconded to authorize the mayor to submit the EPF application for funds to assist in the development and improvements to the Waterfront Park. Commissioner Ivins stated the mayor is seeking Council approval of a resolution authorizing application to the New York State Office of Parks, Recreation and Historic Preservation, under the Environmental Protection Act of 1993, for funds to assist in development and improvements to the Waterfront Park on Saratoga Lake. Improvements would be pursuant to the Master Plan for the City of Saratoga Springs Waterfront Park, as prepared by the LA Group in February 2009. The grant application has a deadline of September 14, 2009 and is part of a new round of funds available through the Environmental Protection Fund. The application would seek a total of funds not to exceed $350,000, with the City matching portion totaling $350,000 of current and previously dedicated funds including $193,777 in unspent prior bond proceeds in the purchase of this parcel in 2006. The resolution also seeks approval of authority to execute a project agreement with New York State, should the grant be approved, for such State financial assistance and, if appropriate, a conservation easement or a preservation covenant to the deed of the affected property. No new additional City expenditures or borrowings are necessary on behalf of the City. Ayes - All Accounts Department Award of Bid: Church Street Reconstruction Project to DelSignore Blacktop Paving, Inc. (09-244) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Church Street Reconstruction Project to DelSignore Blacktop Paving, Inc. in the amount of $2,642,547. Commissioner Franck stated this award of bid is upon the recommendation of the Department of Public Works. Ayes – All Award of Bid: Geyser Crest Well Field Improvements to Iota Construction and Stilsing Electric (09-245) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Geyser Crest Well Field Improvements to Iota Construction for the general contract in the amount of $668,624 and to Stilsing Electric for the electrical contract in the amount of $38,000. Commissioner Franck stated this award of bid is upon the recommendation of the Department of Public Works. Commissioner Scirocco stated he will bring the contract to vote at the August 24th meeting. Page 7 of 11 City Council Meeting 8/18/09 Commissioner Franck stated he wanted to make it public again that he lives within a mile of this project. Ayes – All Award of Bid: Gilbert Road Waterline to Highlander Construction (09-246) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Gilbert Road Waterline to Highlander Construction in the amount of $351,265.00. Commissioner Franck explained that this award of bid is upon the recommendation of the Department of Public Works. Ayes – All Discussion and Vote: Waiver of Local Law #6 for 498 Crescent Avenue (09-247) Commissioner Franck moved and Commissioner Scirocco seconded to grant the requested waiver from Local Law #6 to Lisa Varano for the installation of a private septic system at 498 Crescent Avenue . Commissioner Franck stated that Commissioner Scirocco asked him to put this item on his agenda tonight for a vote. According to the Local Law, a waiver by the City Council shall be granted only upon demonstration that (1) the applicant has applied for an been denied a connection for a single-family residence to the County Sewer System; and (2) the installation of a private septic system on the pre- existing lot will have not adverse environmental impact. We have received proof that the applicant applied for as was denied a connection by the Saratoga County Sewer District #1 and that the installation of a private septic system will not have an adverse environmental impact. In addition, the applicant has agreed to comply with the items requested in the letter presented to the Council on July 21, 2009 by the president of the Saratoga Lake Association. A copy of this information is available for review in the City Clerk’s Office. Ayes – All Finance Department Discussion and Vote: Department of Public Safety Payroll Transfers (09-248) Commissioner Ivins moved and Commissioner Kim seconded to approve the Department of Public Safety payroll transfers as presented to the Council. Commissioner Ivins stated there are transfers are due to retirement payout. Ayes - All Discussion and Vote: Recreation Department Payroll Transfer (09-249) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Recreation Department payroll transfer as presented to the Council. Commissioner Ivins explained this is a transfer to typist part time from supervision payroll for hours worked prior to mid year amendments. Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (09-250) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as presented to the Council. Page 8 of 11 City Council Meeting 8/18/09 Commissioner Scirocco stated this is for transfers into the water department for labor. Ayes – All Discussion and Vote: Local Law #2 of 2009 – Special Assessment District 1 of 2009 for Gilbert Road II Water District (09-251) Commissioner Ivins moved and Commissioner Scirocco seconded to adopt Local Law #2 of 2009 for the creation of Special Assessment District 1 of 2009 for the Gilbert Road II water district as previously distributed to the Council . Commissioner Ivins explained existing developed parcels will pay $335 per year for 30 year beginning in 2010; 5 existing undeveloped parcels will pay a flat $3,000 in 2010. If the existing undeveloped parcels become developed, they will pay $335 per year for the 30 years minus the $3,000 they already paid. Commissioner Scirocco asked how much the payback would be for the residents for 30 years; $700,000? Commissioner Ivins explained the payment would be $105,450 with the other 5 properties. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim - Aye Discussion: City Website Re-design Commissioner Ivins stated the new design is up and live. There still some things they are working out. There is a place on the sight to report problems if you identify one. The sight was designed for the people who don’t know about the commission form of government. There is a better interactive calendar for all meetings and events. There is also an interactive calendar for rental of the Casino. The money spent on this was encumbered from the 2008 budget. Discussion: Set 2010 Budget Workshops Commissioner Ivins stated they set dates for the budget workshops as September 15, 2009 before the Council meeting and September 21, 2009 at 7:00 p.m. Both meetings will be in the Council Room. He is e xpecting a presentation from all departments and asking that each department go line by line. Presentations from the Mayor’s Office, Recreation, Finance, and DPW will happen on September 15th and DPS and Accounts will present their budgets on the 21st. Discussion: City Finances Commissioner Ivins announced mortgage tax is up slightly for July and sales tax continues to be down. Attendance at the track is up; downtown has been packed; so we are hoping sales tax will also be up. Public Works Department Discussion and Vote: Authorization for Mayor to Sign a Change Order with Kubricky for South Broadway Project (09-252) Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a change order with Kubricky for the South Broadway project in the amount of $491,147.96 of which the cost to the City is approximately $12,000 . Paul Male explained that the original contract with Kubricky was $1.8 million dollars. The total increase in their contract was approximately $740,000, of which $680,000 was attributed to waterline problems. The Page 9 of 11 City Council Meeting 8/18/09 cost overrun to Kubricky was just under $60,000 if you pull out the water improvements. The City’s total cost for the whole project was about $400,000. Commissioner Ivins stated the funds are certified and available. Ayes – All Announcement: Memorial Bricks/Veteran’s Walk of Honor Commissioner Scirocco stated DPW encourages all to place their order for the bricks before August 31, 2009 in order to have their brick in place by Veterans Day. These bricks are placed in front of the war memorial in Congress Park. The bricks are $50 each. There are currently 2,116 bricks. Announcement: Restrooms Commissioner Scirocco stated as seen in the newspaper the restrooms in the park are now open. They will be open from 8:30 am to dusk. Public Safety Department Discussion and Vote: Request for Mayor to Sign Agreement with Wolfe Security (09-253) Commissioner Kim moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Wolfe Security for an upgrade of the existing security in the amount of $45,000 . Commissioner Kim stated the money is in the capital budget and part of the ongoing efforts to upgrade various security systems in City Hall and other properties. Ayes – All Supervisors Joanne Yepsen Board of Supervisor’s August Meetings Supervisor Yepsen reported a full board meeting occurred today. They had guests attend to speak about free cancer screenings for any kind of potential cancer for people who are not insured. The free screenings are affiliated with Saratoga Hospital. The public health department is offering children immunization clinics for people who are under-insured, not insured, or age 19 and under. This fall the New York State Association of Counties conference is being held in Saratoga at the City Center. The US Army Band is coming back to SPAC. The supervisors have free tickets available and will be in the Mayor’s Office. Accessing Federal Recovery and Reinvestment Funds Program Supervisor Yepsen reported the August 6th forum was well attended. She thanked all participants for coming. The webcast has been archived. The entire forum, except for break-out groups, is public. The link is http://easylink.playstream.com/escstream/stimulus_program.wvx. Guardian House for Homeless Women Veterans Supervisor Yepsen reported Saturday was the fundraiser for the safe haven for homeless women veterans. They raised $20K. Page 10 of 11 City Council Meeting 8/18/09 ** Commissioner Ivins asked Supervisor Yepsen what she has heard around the County regarding a City surcharge on SPAC tickets. Supervisor Yepsen stated people understand we have costs. She doesn’t know why we are just looking at SPAC. Many people who are troubled with the cost of tickets already are having trouble with it. Matt Veitch Green Committee Supervisor Veitch reported the Green Committee is out there to try to get the County to do green initiatives. The committee looked at the solar installation at the County’s building on 50 West High Street to see if there is any opportunity to do anything with it. Around the mid ‘90’s the County shut down the solar installation. The Solar Energy Consortium from Kingston was identified to help them determine what if anything should be done with this. The standing committee that has the legislative power and deals with the all the facilities the County owns is the Building and Grounds Committee. They will leave it up to them and the full board to make the final determination of what to do with it if anything. County Day at the Races Supervisor Veitch reported the day at the races is now August 31st. They will have the supervisor’s race and the displays. All county residents will get in for free with proof of residency. Saratoga County Honor a Deceased Veteran Supervisor Veitch reported his grandfather, Donald Veitch was honored today. He thanked Commissioner Franck, Deputy Boxley, Deputy Jarosh, and Deputy Sutton for attending. He grandfather was a graduate of Saratoga High School in 1942, in 1941 he was the outstanding athlete of Saratoga High School, he was a WWII veteran, he operated Burnham Hand Laundry, he was also head of the Urban Renewal Agency from 1962 to 1986 and worked in City. The County will be flying a flag in front of the Board of Supervisor’s building for 30 days in his honor. ADJOURNMENT Commissioner Ivins and Commissioner Scirocco seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Johnson adjourned the meeting at 7:55 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 9-1-09 Vote: 5 - 0 Page 11 of 11