City Council

August 2, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM – P.H. – Amend Capital Budget for School District Capital Contribution 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. 2011 2nd Quarterly Report EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 7/19/11 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 7/22/11 $406,468.26 5. Approve Payroll 7/29/11 $415,263.11 6. Approve Warrant 2011 Mid 11MWJUL2 $714,209.69 7. Approve Warrant 2011 Regular 11AUG1 $1,251,421.84 MAYOR’S DEPARTMENT 1. Discussion and Vote: Amend Capital Budget - $30,000 School Recreation Capital Contribution 2. Discussion and Vote: Temporary Recreation Director 3. Discussion and Vote: Zumba Program & Fees Approval 4. Discussion and Vote: Approval of Additional Bus Days for Camp Saradac 5. Announcement: Upcoming Recreation Programs 6. Discussion and Vote: Approve Contract with Saratoga Springs Preservation Foundation to Update Historic Design Guideline Publications 7. Discussion and Vote: Authorization for City to Seek NYS Grant Funding for Continuation of Waterfront Park Development 8. Discussion and Vote: Authorization for Mayor to Sign Agreement with Lexis for Electronic Legal Research Database 9. Discussion and Vote: Authorization for Mayor to Sign Agreement with Maggie Doherty and Zac Rossi for Saratoga Springs Summer Concert Series 10. Discussion and Vote: Authorization for Mayor to Sign Agreement with Betsey & the Byegons for Saratoga Springs Summer Concert Series 11. Discussion and Vote: Authorization for Mayor to Sign Agreement with E-Town Express for Saratoga Springs Summer Concert Series 12. Discussion and Vote: Authorization for Mayor to Sign Agreement with the Resonators for Saratoga Springs Summer Concert Series 13. Discussion and Vote: Appointments to the Downtown Special Assessment District Board 14. Set Public Hearing: Capital Program 2012 - 2017 City Council Meeting 8/2/11 ACCOUNTS DEPARTMENT 1. Discussion and Vote: Rescind of Chemical Bid for Phosphate 2. Award of Bid: Phosphate to Koester Associates FINANCE DEPARTMENT 1. Discussion and Vote: Amend 2011 Capital Budget – School Recreation Contribution 2. Discussion and Vote: Department of Public Works Payroll Transfers 3. Discussion and Vote: Department of Public Safety Payroll Transfers 4. Discussion and Vote: Permission to Pay Voucher 5. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Ganem 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Dente Engineering 3. Discussion and Vote: Permission to Pay Voucher to Hiram Hollow PUBLIC SAFETY 1. Discussion and Vote: Permission to Pay Bill to Ryan Biggs for Lake Avenue Fire Station Floor Replacement 2. Announcement: Successful Drug Investigation with the work of Our Criminal Investigation Unit & Other Law Enforcement Agencies 3. Announcement: Police Criminal Investigation Unit Conducting Investigation Regarding Assaults SUPERVISORS Joanne Yepsen 1. Thorofan – 2011 Racing Meet 2. Property Tax Cap Implementation Session and Upcoming NYSAC Fall Seminar 3. County Finances 4. Grants to You Class Announced Matt Veitch 1. Technology Committee ADJOURN Page 2 of 12 City Council Meeting 8/2/11 August 2, 2011 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor (arrived @7:08 p.m.) STAFF PRESENT: Shauna Sutton, Deputy Mayor (arrived @ 7:15 p.m.) Kate Jarosh, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW (arrived @ 7:20 p.m.) Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney (arrived @ 7:15 p.m.) 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 HEARING Amend Capital Budget for School District Capital Contribution Mayor Johnson opened the public hearing at 6:58 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Page 3 of 12 City Council Meeting 8/2/11 Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:10 p.m. Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. John Kraus of 227 Grand Avenue read a letter of commendation to Commissioner Scirocco regarding the storm water project. It works great. Lance Ingmire, resident of the Town of Saratoga and member of the Heritage Area Visitor Center Board, stated the original location of the 9/11 monument is not appropriate due to the size of it. By majority vote, the Heritage Area Visitor Center Board is voicing their position against placing the monument on the lawn of the Visitor Center. The fire house on Lake Avenue is the most prominent location for this monument. The board strongly suggests tabling any decision on the placement of this monument until all locations have been properly investigated. The Scotia, New York 9/11 monument composed of similar pieces of the twin towers has failed to meet any true visitation success. It would be prudent to research their experiences and issues of their monument for our edification. Nedra Stimpfle of 4 Benton Drive stated it is important to realize how unique this sculpture is when you look at what other communities have done with the pieces of steel they have received. Saratoga Springs has created a work of art from that steel. It is anticipated that the documentary being created by a woman regarding these projects will draw people to Saratoga Springs. The best place to put this monument is the Visitor Center. Rob Coughlin of 54 Greenfield Avenue and Vice President of Saratoga Arts stated he is here speaking in favor of the placement of the sculpture at the Visitor Center. Broadway is the appropriate place; people will come to see this work of art which memorializes an important day in history. He has seen the structure and has touched the steel; it is a moving experience. It is something we should share with visitors. Michael Messinger of 209 Caroline Street and co-chair of the Visitor Center Board cited what the mission is of the Visitor Center Advisory Board. The Board believes that the sculpture is not congruent with a 1915 building. The Saratoga Springs Fire Chief indicated that providing space adjacent to the fire house for the sculpture would be an honor. Measurement of the space indicates the space is adequate. He also had a letter from the Saratoga Springs PBA stating they support placing the 9/11 sculpture at the Saratoga Springs Fire Department on Lake Avenue. Jane Bouchard of Greenfield stated she agreed that Broadway is the best location for the sculpture. She pointed out that if numbers of people are drawn to the fire station to see the sculpture, and the people spill over to the front of the station; the extra seconds it would take to clear the way should a call come in could be the difference between life and death. You put the City in danger. Amejo Amyot of 219 Woodlawn Avenue stated the Arts Council and the Arts Council Board exercised a serious breach regarding arts in public places etiquette. Site specific art is created to exist in a certain place. This was not done in this case. Arts in public places has a process which starts with a call for entries (RFP), then a selection process and jury. Neither one was exercised. The World Trade Center was a symbol of greed, pride, and oppression. This is why the terrorists flew planes into it – it symbolized financial power. If we were to honor anything about this tragedy it should be the lives that have been lost, not the millions of tons of concrete and steel. The sculpture has no redeeming aesthetic or artistic value. Page 4 of 12 City Council Meeting 8/2/11 Joel Reed, Director of the Saratoga Arts Council, stated he spoke to the Council a couple weeks ago. Since that time, they proposed the installation at the Visitor Center to the Design Review Commission, who embraced the project and recommended the installation at the Visitor Center. We also received approval from the New York State Parks, Recreation, and Historical Preservation Office stating it will have no adverse impact on the historical resources there. This has been over 1 year in the making. He thanked the Council for their continued consideration. Lawrence White of 4713 Rt. 50, Gansevoort, stated he can’t think of words to express what this sculpture has come to mean to him. After the attacks, the people of Manhattan came together in a tremendously powerful way. As he became involved in the project and saw how this community came together, he was reminded of those days after 9/11. He thanked everyone for allowing this project to go forward. He feels the Visitor Center is the right place for it. He presented the Council with a piece of film of the work being done on the sculpture. James Kunsler of 17 Collins Terrace stated he came to speak in support of the 2 local artists who gave their spirit and time to this project. They are expressing a memorial idea in the language of our time. If the public decides it doesn’t like it, it can be moved; but give it a try. Mark Streb, the governor’s regional representative for the capital district. He came to introduce himself to the Council and community. His areas include the counties of Saratoga, Schenectady, Rensselaer, and Albany. His function is to be the eyes and ears for the governor. Kyle York of 59 Railroad Place stated visual aesthetics and public involvement is important. The parking lot behind Boarders seems to be sprouting signs everyday and is tacky. There are 5 different designed signs in that lot; for a total of 19 signs. Al Callucci of 9 Lexington Road confirmed the 2nd quarter report was just made available on line. In regard to the sculpture, we are failing to recognize people who have lost people and continue to lose people. We should continue to honor the families that have been involved since that day and are still involved today. Paul Bouchard of Greenfield state a sculpture of this stature will have a universal draw. The Visitor Center has enough space to accommodate it and it would help increase the attendance there. Hady Finch of 268 Church Street stated she is drawn to that sculpture and very excited about it. She wants to be sure it draws to the eye and the heart of the people who come to see it. She is not sure the Visitor Center will provide the opportunity to approach, engage, and reflect on the sculpture. John Tighe of Milton stated placing the memorial at the Visitor Center will draw the people. If you want to see a bad memorial, go to the one in Wilton by Wal-Mart. There is no parking lot. Mayor Johnson closed the public comment period at 7:42 p.m. PRESENTATION 2011 2nd Quarterly Report (held before the public comment period) Commissioner Ivins called Christine Gillmett-Brown, Director of Finance to report. This is available on the website or a hardcopy can be found in the City Clerk’s Office. Christine reported we received the VLT aid on June 23rd in the amount of $1,496,000. Our revenues for this year are slightly higher than they were this time last year. In April, 2011 we issued our bond for the capital fund. Our expenditures are where we expect them to be at this time of the year. Commissioner Ivins stated we are on track for where we should be at this time of the year. Page 5 of 12 City Council Meeting 8/2/11 Mayor Johnson confirmed the revenues and expenditures are in line with what we are projecting. Christine stated that is correct. She doesn’t see any reason why we wouldn’t meet our budget. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 7/19/11 City Council Minutes 2. Approve Budget Amendments 3. Approve Budget Transfers 4. Approve Payroll 7/22/11 $406,468.26 5. Approve Payroll 7/29/11 $415,263.11 6. Approve Warrant 2011 Mid 11MWJUL2 $714,209.69 7. Approve Warrant 2011 Regular 11AUG1 $1,251,421.84 Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Amend Capital Budget - $30,000 School Recreation Capital Contribution (11-220) Mayor Johnson stated the amount for this year is $30,000 from the school district. Mayor Johnson moved and Commissioner Ivins seconded to amend the capital budget. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson - Aye Discussion and Vote: Temporary Recreation Director (11-221) Mayor Johnson advised Linda Terricola stayed on for a transition period after her retirement. They are looking to bring her back on an as needed basis at $16 per hour. This is not a structured proposal. This is in the Recreation Department budget. Commissioner Ivins confirmed the dollar amount will not exceed the budget total amount. Mayor Johnson stated that was correct. Mayor Johnson moved and Commissioner Franck seconded to approve hiring as described at $16 per hour and on an as needed basis. Ayes – All Discussion and Vote: Zumba Program & Fees Approval (11-222) Kathy Lanfear of the Recreation Department stated the Zumba program will be a 4 week program. The fees for the 4 week, 2 days per week program are $55 for City residents, $65 for school district residents, and $75 non-city non-school district resident. The 4 week, 1 day program is $35 for City residents, $45 for school district residents, and $55 for non-city non-school. To drop in a class, fees would be $7 for City residents, $10 for school district residents, and $12 for non-city non-school residents. Page 6 of 12 City Council Meeting 8/2/11 Mayor Johnson moved and Commissioner Ivins seconded to approve the Zumba program and fees as listed. Ayes – All Discussion and Vote: Approval of Additional Bus Days for Camp Saradac (11-223) Kathy Lanfear of the Recreation Department explained they are requesting 2 additional days at $25 per bus per day plus mileage. Maximum rental should be about $100. Mayor Johnson moved and Commissioner Wirth seconded to approve the additional bus days as described. Ayes - All Announcement: Upcoming Recreation Programs Kathy Lanfear advised used of the ice rinks is currently happening. Information regarding upcoming programs can be found on the web at www.saratoga-springs.org. They also have fall volleyball, pickleball, lacrosse, etc. coming up. Discussion and Vote: Approve Contract with Saratoga Springs Preservation Foundation to Update Historic Design Guideline Publications (11-224) Mayor Johnson announced this is part of an ongoing project. We received $6,000 in from the state to help the City update outreach and education materials. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to execute the contract on behalf of the City. Ayes - All Discussion and Vote: Authorization for City to Seek NYS Grant Funding for Continuation of Waterfront Park Development (11-225) Mayor Johnson stated the City would like to apply for the 2011 funding round for an additional $400,000 in matching grant funds. This project has proceeded at a much slower pace than it had been envisioned. Since then, with the economic crisis, the development of the park was planned in a series of phases. If grant money is not received, we will not move forward with the development of the park. Mayor Johnson moved and Commissioner Wirth seconded to authorize the City to apply for NYS grant funding to continue the development of the Waterfront Park. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Lexis for Electronic Legal Research Database (11-226) Mayor Johnson stated this is electronic research legal database. Since he took office in 2008, they have lessened the need to use hardcover. In April, 2008 they discontinued all hardcover renewals. There were increases in the cost of the Westlaw database that they were not happy with; which is $448.37 per month. The same services through Lexis will only cost the City $150 per month. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Lexis to transfer the legal database to them. Page 7 of 12 City Council Meeting 8/2/11 Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Maggie Doherty and Zac Rossi for Saratoga Springs Summer Concert Series (11-227) Mayor Johnson stated this concert is scheduled for August 9th for a fee of $300. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Maggie Doherty and Zac Rossi for the Summer Concert Series. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Betsey & the Byegons for Saratoga Springs Summer Concert Series (11-228) Mayor Johnson stated the concert is scheduled for August 16th for a fee of $300. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement with Betsey & the Byegons for the Summer Concert Series. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with E-Town Express for Saratoga Springs Summer Concert Series (11-229) Mayor Johnson stated this concert is scheduled for August 23rd for a fee of $300. Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with E-Town Express for the Summer Concert Series. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with the Resonators for Saratoga Springs Summer Concert Series (11-230) Mayor Johnson stated this concert is scheduled for August 30th for a fee of $400. Mayor Johnson moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with the Resonators for the Summer Concert Series. Ayes - All Discussion and Vote: Appointments to the Downtown Special Assessment District Board (11-231) Mayor Johnson stated there are 2 current members whose terms expired July 31, 2011. These are 4 year terms. Both members, Tim Mabee and Maryann Barker, are willing to stay on for another term. Mayor Johnson moved and Commissioner Franck seconded to approve the appointments of Tim Mabee and Marianne Barker for a term from August 1, 2011 – July 31, 2015. Ayes – All Mayor Johnson thanked Tim Mabee and Marianne Barker for their service and for continuing to serve our City. Page 8 of 12 City Council Meeting 8/2/11 Set Public Hearing: Capital Program 2012 – 2017 Mayor Johnson set 3 public hearings for the 2012 – 2017 Capital Program: Tuesday, August 16, 2011 at 6:50 p.m., Thursday, August 25, 2011 at 12:00 noon, and September 6, 2011 at 6:50 p.m. ACCOUNTS DEPARTMENT Discussion and Vote: Rescind of Chemical Bid for Phosphate (11-232) Commissioner Franck advised that upon the recommendation of the Department of Public Works, the bid for phosphate was awarded to Shannon Chemical Co. June 7, 2011. After a more thorough review of that bid, the Department of Public Works determined the preferred blend of 23/77 phosphate was not included in the certification provided. Commissioner Franck moved and Commissioner Scirocco seconded to rescind the bid to Shannon Chemical Corporation for phosphate 30/70 and 23/77 blends. Ayes – All Award of Bid: Phosphate to Koester Associates (11-233) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for phosphate 30/70 blend and 23/77 blend to Koester Associates at $13.00 per gallon for both blends. Ayes – All FINANCE DEPARTMENT Discussion and Vote: Amend 2011 Capital Budget – School Recreation Contribution (11-234) Commissioner Ivins moved and Commissioner Scirocco seconded to amend the 2011 capital budget to accept the $30,000 school district contribution as previously distributed to the Council. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson - Aye Discussion and Vote: Department of Public Works Payroll Transfers (11-235) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public works payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Department of Public Safety Payroll Transfers (11-236) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Ayes - All Page 9 of 12 City Council Meeting 8/2/11 Discussion and Vote: Permission to Pay Voucher (11-237) Commissioner Ivins moved and Commissioner Wirth second to approve payment of a voucher to Fiscal Advisors for $1,800 as previously distributed to the Council. Commissioner Ivins explained due to the nature of this work, the actual cost was not known until the work was completed. Ayes - All Discussion: City Finances Commissioner Ivins stated Deputy Jarosh is moving on to the private sector. He has found a great individual to replace Kate – Gerry Lundgren. He was born and raised in Saratoga Springs, a graduate of Siena College with a BA in business administration and a major in accounting. He was the department accountant for the Saratoga County Department of Social Services before moving to be the Deputy Treasure at the Saratoga County Treasurer’s Office. He will officially appoint Gerry at the next Council meeting to be effective September 6, 2011. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Ganem (11-238) Commissioner Scirocco stated this is for work on the stairs and sidewalk at the museum entrance to the Casino. Radiant heat will be installed beneath the sidewalk. They plan to start the second week in August. Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign an agreement with Ganem Contracting in the amount of $99,000 for the Casino stairs and sidewalks. Mayor Johnson stated this is not a cosmetic improvement, it is functional. The stairs have been a problem for some time and an increasing liability to the City. Commissioner Franck also supported what the mayor said. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Dente Engineering (11-239) Commissioner Scirocco stated the scope of services include dewatering system design, venting system design, and construction and observation testing of the basement. There is an issue in the basement with moisture. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Dente Engineering in the amount of $9,275. Ayes - All Discussion and Vote: Permission to Pay Voucher to Hiram Hollow (11-240) Commissioner Scirocco advised this voucher is for construction debris and waste material to be hauled from the compost site. The amount of the invoice is $5,844.93. This is the overage accumulated at the compost site. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the payment of the voucher to Hiram Hollow in the amount of $5,844.93. Page 10 of 12 City Council Meeting 8/2/11 Ayes – All ***Commissioner Scirocco announced there will be a dedication this Friday at Congress Park for Marylou Whitney of the Whitney rose. She has done a lot for this community and this is just a small token of our appreciation and for us to give something back to her. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Permission to Pay Bill to Ryan Biggs for Lake Avenue Fire Station Floor Replacement (11-241) Commissioner Wirth stated this bill is for $1,796.25 for consulting services. Commissioner Wirth moved and Commissioner Ivins seconded to authorize payment of a bill to Ryan Biggs. Ayes - All Announcement: Drug Investigation Commissioner Wirth announced on 11/3/10 Officer Ahigian made a routing traffic stop that resulted in the seizure of 9 pounds of marijuana. Later that evening City police executed a search warrant for an apartment and learned of information indicating the apartment was being used by a group of individuals involved in large scale marijuana trafficking from Canada to the Saratoga Capital Region. The City police received additional assistance from the DEA task force and found 11 people were part of the conspiracy. Commissioner Wirth recognized Officer Ahigian who was in the audience and thanked him for a job well done. Announcement: Assault Investigation Commissioner Wirth stated the police are currently conducting an investigation into the sexual assaults of 2 women in the past 6 days. The attacks took place in the vicinity of Waterbury Street, Clinton Street, Russell Street near Vermont Street. He asked all women to take precautions and to travel with someone if possible. Carry a cell phone and stay to the well lit streets. SUPERVISORS Joanne Yepsen Thorofan – 2011 Racing Meet Supervisor Yepsen reported Saratoga is off to a good start at the track. Attendance is up 1.3% from 2010. Thorofan has begun to partner with other organizations in town to promote backstretch employees’ living conditions, child care, thoroughbred horses after racing care, etc. There are now chapters of Thorofan in Florida, New Jersey, Kentucky, Indiana, Colorado, and Ohio. Property Tax Cap Implementation Session and Upcoming NYSAC Fall Seminar Supervisor Yepsen reported the County budget officials were briefed by the state on the tax cap last week. The program does not exclude the growth and the cost of state mandated programs and services. The next NYSAC fall seminar will take place in Lake Placid and they will talk about this issue there. Page 11 of 12 City Council Meeting 8/2/11 County Finances Supervisor Yepsen reported they took action to close a gap of a potential $9 million dollar loss. The potential deficit was reduced by $2.7 million. Grants to You Class Announced Supervisor Yepsen reported the Grants to You class will be held October 21st and October 22nd at Skidmore College. There is only room for 18 people. Matt Veitch Technology Committee Supervisor Veitch reported the Department of Public Health requested a software upgrade for HIPPA 5150 for better reporting on HIPPA privacy and Medicaid and Medicare reimbursement. They went with the hosted model which is less costly. They also plan to have an RFP ready next week for the automated time card system. If they go to an automated time card system, they expect to save from $550,000 - $1,000,000 in the first couple of years. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 8:30 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 8/16/11 Vote: 5 - 0 Page 12 of 12