City Council

December 20, 2011 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM P.H. – Zoning Map Amendment for 95 Meadow Brook Road 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 11/29/2011 City Council Minutes 2. Approve Budget Amendments 3. Approve Mid Warrant 11MWDEC1 $119,114.00 4. Approve Payroll 12/16/11 $417,816.82 5. Approve Payroll 12/9/11 $378,145.54 6. Approve Regular Warrant 11DEC2 $605,913.51 7. Approve Budget Transfers MAYOR’S DEPARTMENT 1. Set Public Hearing: Amend the 2012 Capital Budget 2. Discussion: Saratoga Springs Housing Authority 3. Discussion and Vote: Approval of 9/11 Sculpture Site with Contingencies 4. Discussion and Vote: IDA Grant Agreement for 6 Woodlawn Avenue Parking Deck 5. Discussion and Vote: Amend Contract with Harris Beach for Legal Services Pertaining to General Labor Matters 6. Discussion and Vote: Amend Contract with Harris Beach for Legal Services Pertaining to Labor and Collective Bargaining Negotiations 7. Discussion and Vote: Authorization for Mayor to Execute Contract with Pinnacle Human Resources, LLC 8. Appointment: Planning Board 9. Discussion and Vote: Recreation Department Sponsors 10. Discussion and Vote: Recreation Department Proposal 11. Announcement: Recreation Programs Registration and Events City Council Meeting 12/20/11 12. Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth, PC for Charter Challenge 13. Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth, PC for Civil Service Matters 14. Discussion and Vote: Supplemental Agreement #4 with AE COM for Spring Run Trail 15. Discussion and Vote: Climate Smart Communities Resolution 16. Announcement: 2012 Inauguration Ceremony ACCOUNTS DEPARTMENT 1. Award of Bid: 6 Woodlawn Avenue Parking Deck to BCI Construction, Inc. 2. Discussion and Vote: Appointment of Commissioners of Deeds 3. Discussion and Vote: Approval of Zoning Map Amendment for 95 Meadow Brook Road 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth for Article 7 & 78 Items 5. Discussion and Vote: Authorization for Mayor to Sign Contract with Town, Ryan, and Partners for Article 7 Legal Matters FINANCE DEPARTMENT 1. Discussion and Vote: DPS Payroll Transfers 2. Discussion and Vote: DPW Payroll Transfers 3. Discussion and Vote: Mayor’s Payroll Transfers 4. Discussion and Vote: Recreation Payroll Transfers 5. Discussion and Vote: Finance Transfer for Spring Run Trail 6. Discussion and Vote: MVP Health Insurance Contract 7. Discussion and Vote: Acceptance of Property Tax Rates for 2012 8. Discussion and Vote: Approval for Acceptance of Furniture Donation 9. Discussion: Online Capacity of City Website 10. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign a Contract with Barton & Loguidice for Spring Run Trail PUBLIC SAFETY 1. Nothing at this time. SUPERVISORS Joanne Yepsen 1. 2011 NYS Regional Economic Development Awards 2. Climate Smart Communities Opportunity for Saratoga Springs 3. 2012 County Budget Matt Veitch 1. Saratoga County 2012 Budget 2. 2012 County Organizational Meeting 3. Trails Committee ADJOURN Page 2 of 18 City Council Meeting 12/20/11 December 20, 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 STAFF PRESENT: Shauna Sutton, Deputy Mayor Gerald Lundgren, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts ABSENT: Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARING 95 Meadow Brook Road Mayor Johnson opened the public hearing at 6:55 p.m. Commissioner Franck advised this has gone before the County and the City. The property is currently zoned RR-2 and SR-2 and they are looking to change this all to SR-2. Richard Sheldon of 92 Meadowbrook Road stated he has a couple concerns. He has lived on Meadow Brook Road since 1976 and the zoning was equal at that time. Years ago they tried to find water on the lot Page 3 of 18 City Council Meeting 12/20/11 across the street from him through hydro blasting and his water turned black for about a week. Anyone who moves in there is going to have difficult time getting water because the water is on the opposite side of the road and it will be expensive. They have an expectation in all these years that the population will stay the same. If we make changes here and there then all the zoning is going to fall apart. He would prefer the zoning remain the way it is. Deborah Sheldon of 89 Meadow Brook Road stated she resides next door to this piece of property and also agrees with the person before her. They have very few green areas on that street and don’t like the idea of taken them away; if you take one then you will probably take all of them. The question was asked what the process is regarding the zoning change from this point forward. Mayor Johnson advised the public hearing will be closed and a vote will be taken under the Accounts Department agenda by Commissioner Franck. 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 COMENT 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. Michele Madigan of 30 Horseshoe Drive stated she sent a statement to the Council earlier but is not sure if it was received. She stated she sees this evenings agenda includes discussion and votes on the Pinnacle and Harris Beach contracts. The current Pinnacle contract runs to May 2012 and the contract looking to be voted on tonight extends the contract to December 2013. The same for the Harris Beach contract; they want to extend it from December 2012 to December 2013. All these contracts are being amended to after the next election. It seems premature to discuss these tonight. It appears this is being done so the new Council will have not say in them. There is possibility that the new Council may not agree with the majority of the current Council. She requested the Council postpone discussion of these contracts, especially the Pinnacle HR contract until the next meeting when the new Council will be seated. Outsourcing human resources is a violation of the City Charter and it is not clear to her that outsourcing this is in the best interest of the City. She requested the Council to allow the new Council to take this matter up. Chris Mathiesen of 28 Friar Tuck Way stated he supports everything Michelle just said. He is here to talk about the sign in front of the City Center. According to the Times Union, 99.8% of the people like the sign and only 1 person voiced objection; he must be a tiny minority. The sign is not consistent with the City’s ordinance for signs. He would suggest at least toning it down. Why have a code if the City itself is not going to observe it. Phil Diamond of 29 Waterview Drive stated he agrees with Commissioner Elect Madigan especially with the human resource piece. Human resources should never be outsourced as those people are not aware of what really goes on here. The inside people are more aware and have a vested interest in performing the duties properly. Theresa Grocki of 1 South Federal Street, Apt. 612, stated a notice was sent around to the residents of the Raymond Watkins Apartments advising them of the bed bug situation at the Stonequist Apartments. The Page 4 of 18 City Council Meeting 12/20/11 notice informed the tenants of Raymond Watkins that if they felt they had picked up any bugs, they should contact their management and they will treat their apartments immediately; that is called managerial responsibility. Mayor Johnson closed the public comment period at 7:08 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 11/29/2011 City Council Minutes 2. Approve Budget Amendments 3. Approve Mid Warrant 11MWDEC1 $119,114.00 4. Approve Payroll 12/16/11 $417,816.82 5. Approve Payroll 12/9/11 $378,145.54 6. Approve Regular Warrant 11DEC2 $605,913.51 7. Approve Budget Transfers Ayes – All MAYOR’S DEPARTMENT Set Public Hearing: Amend the 2012 Capital Budget Mayor Johnson set a public hearing for January 3, 2012 at 6:55 p.m. to amend the 2012 capital budget for inclusion of change orders for the Spring Run Tail in the amount of $66,560. Discussion: Saratoga Springs Housing Authority Dennis Brunnell, chair of the Saratoga Springs Housing Authority and resident of 3 Holly Drive stated he wanted to address some issues presented to the public and Council at the last meeting. The residents came in good faith, however they gave the impression that there is a major infestation of bed bugs at Stonquist. They did research and found there are a small number of apartments with bed bugs. Also, the impression was given that the Housing Authority was not doing anything about it. The Housing Authority made steamers available to the residents to clean their apartments if they were able to do so; if not, the maintenance staff would do it for them. He also stated it was mentioned that the director of the housing authority had threatened them and there would be consequences if they spoke up. When the problem first started, there were mattresses left outside in dumpsters in back of the Housing Authority. Before they were informed of it, the press was contacted. When he was contacted, he called Mr. Spychalski and he personally took those mattresses in his truck and took them to the dump. They asked the residents for the courtesy to let them know there is a problem before going to the press. He believes that was misconstrued as a threat. They have been working on putting a long term plan together to address this issue. They are doing everything reasonable to contain it and the methods are adequate. Ed Spychalski of the Housing Authority stated this issue came to light several months ago and they took steps to do research. They have the facility manager do visual inspections. After what happened a few weeks ago they had a professional exterminator to come in to determine what might or might not be a problem. That person showed them areas that were more consistent with a problem than less. With that they hired an entomologist to find out what was going on with bed bugs. He is helping to prepare a long term management plan. In the interim they have provided the residents the opportunity to purchase liners for their beds and the maintenance staff has been treating areas. This is a two-fold process; this will not work unless the residents are on board. Page 5 of 18 City Council Meeting 12/20/11 Commissioner Franck stated he has heard different dates of when the Housing Authority found out about this problem; late July to November. He also was told the press was told not to publish this before this woman came in. He has different dates of when our inspector went out. Mayor Johnson stated his understanding is there was an original problem that was resolved and this may be a second round. Mr. Spychalski stated there was a gentleman who had a bed bug problem. He called an exterminator and put his mattress outside. That was late July or August. They had 3 people that felt they had a problem and hired their own people. This really escalated over the last 2 months. Commissioner Franck stated he understood there were new HUD regulations that came out in August for bed bugs. Mr. Spychalski stated there are no regulations for public housing for bed bugs. Commissioner Franck stated he read something in the paper and can get that article before we go. Mr. Spychalski told Commissioner Franck he could get it, but there are no regulations. He might be reading the guidelines for multi-family. He has a letter from their HUD office that specifically says there are no guidelines or regulations pertaining to bed bugs in low income public housing. Commissioner Franck asked if it came from HUD it doesn’t count. Mr. Spychalski stated HUD funds them. Commissioner Franck asked if the Fire Department did an inspection on the building. Mayor Johnson stated he wasn’t aware of an inspection. Commissioner Wirth stated the Fire Department has not done an inspection. His experience is Mr. Spychalski is on top of the situation. Commissioner Franck restated he is asking if there has been discussion for the Fire Department to go through there and do an inspection. Commissioner Wirth stated he has had discussion with the Fire Department and code enforcement and they are currently working on something. They will be communicating with the Housing Authority. Commissioner Scirocco asked out of the total number of units, how many are infested. Mr. Spychalski stated there are 176 units and there are 9 confirmed with problems. Commissioner Scirocco stated they received around 20 letters stating they had issues. Mr. Spychalski stated he looked at a few of those and a lot of them said they didn’t have an issue. At one time the chairman asked a staff member to call 1/3 of the building and ask if they had a problem. They had 6 responses that said they did. Commissioner Scirocco asked f the entomologist is working with the exterminator. Mr. Spychalski stated he is not. That person sets up a plan. The Housing Authority will be doing the treatment under him. Commissioner Scirocco confirmed the Housing Authority staff is going to facilitate his plan. Page 6 of 18 City Council Meeting 12/20/11 Mr. Spychalski stated that was correct. Commissioner Scirocco asked if they are licensed to apply any kind of pesticides. Mr. Spychalski stated they are steaming right now. They can’t do it unless they work under him and that is why the guys are being certified through him. Commissioner Franck stated his biggest concern is the people that reside there can’t take care of this problem on their own. What he got from his discussions is the problem is considerably worse that what is being described now. He asked Mr. Spychalski if he feels the situation is better now than a month or two ago. Mr. Spychalski stated they are now getting people to pitch in. Education is a big part of this thing. Mayor Johnson stated the City Council and the City is very concerned. He knows Mr. Spychalski has been working on a plan but the City and the Council would like to see a quick resolution to this issue. Discussion and Vote: Approval of 9/11 Sculpture Site with Contingencies (11-348) Mayor Johnson stated this is a follow up to the recommendation made by the Committee. The Committee recommended placement of the sculpture in the High Rock Park. As a City Council, they can give their endorsement as to the choice of the site provided certain contingencies are met. There are things like soil sampling, possible archeological study, and engineering site tests that still need to be done. It is also clear that if this Council is agreeable to make this site the final site subject to these contingencies, the Arts Council can continue their fund raising for this sculpture. Mayor Johnson moved and Commissioner Scirocco seconded to approve the High Rock Park location as the appropriate site for the 9/11 sculpture with the contingencies being met as discussed. Commissioner Scirocco asked if the in-kind services that were originally offered still available if this is the site. Mayor Johnson stated the donations of in-kind services such as labor that are available for this site. Commissioner Ivins asked if the testing funds would come through the Arts Council and not the City. Mayor Johnson stated that is true. Commissioner Ivins stated that his is comfortable with this choice in that case. Ayes - All Discussion and Vote: IDA Grant Agreement for 6 Woodlawn Avenue Parking Deck (11-349) Mayor Johnson stated this grant is in the amount of $250,000 for the 6 Woodlawn Avenue Parking Deck Project. There are 2 typos – the address of City Hall is listed as 473 and should be 474 Broadway, and the 3rd ‘whereas’ clause should state a minimum of 328 car parking structure. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to enter into this agreement. Ayes - All Discussion and Vote: Amend Contract with Harris Beach for Legal Services Pertaining to General Labor Matters (11-350) Page 7 of 18 City Council Meeting 12/20/11 Mayor Johnson stated this matter was before us on December 6th under the same terms and conditions. He is bringing it back to have it extended December 31, 2013. The law firm is willing to keep their fees the same through that term. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the agreement at described. Commissioner Franck stated he doesn’t have a problem extending a contract through the end of 2012 but he has concern with extending it for the extra year. Usually contracts are on a one year contract. Mayor Johnson stated it also lets them know their expenses for each year’s budget. Commissioner Scirocco confirmed there is no monthly retainer. Mayor Johnson stated that is correct. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion and Vote: Amend Contract with Harris Beach for Legal Services Pertaining to Labor and Collective Bargaining Negotiations (11-351) Mayor Johnson stated this too is to allow for an additional year through December 31, 2013 to lock in the rate for better budgeting and the hourly rate. Three of the collective bargaining agreements are up for renewal this year. Realistically you don’t always reach an agreement in the year they are up for renewal. Also, it would not be advantageous or cost effective the change a law firm mid stream during a negotiation process. We have had great success with Harris Beach and they have been a great resource to the City. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the amendment to the contract for the additional year up to and including 2013. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion and Vote: Authorization for Mayor to Execute Contract with Pinnacle Human Resources, LLC (11-352) Mayor Johnson stated the original agreement was entered into in May of this year and is set to expire May of 2012. He believes others have been pleased with the results to date. This is also the willingness of Pinnacle to keep their rates the same over the next 2 years. They can continue to provide human resources at a very experienced qualified level at an amount that is less than we would have to pay an employee with benefits. We have a change in scope of the work that could be provided by Pinnacle. For example they can have regular meetings with the unions and department leaders, they can participate on behalf of the City in the collective bargaining sessions, administer relevant aspects of the City’s disciplinary and grievance matters, conduct and coordinate human resource related training, and represent the City in handling improper practice charges. It is a flushing out to provide a more detailed service to the City beginning January 1 rather than waiting for May. He proposed to modify the proposed agreement as uploaded. In paragraph 9, he proposed deleting that portion of this new agreement and have the regular termination clause apply rather than any 6 month guarantee. The insurance matters raised earlier by risk and safety have been resolved. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the contract with Pinnacle Human Resources. Commissioner Ivins stated taking out the 6 months is a huge difference; now the termination can happen with 30 days notice. This is better. Page 8 of 18 City Council Meeting 12/20/11 Commissioner Scirocco stated he is very satisfied with Pinnacle; he probably uses them more than anyone. Commissioner Wirth stated from his experience, Pinnacle is very professional. Commissioner Franck stated items 5, 6, and 7 are good services but bad government. These agreements should not go more than a year. As far as he can remember, we have never done it this way. We have been happy in our office with Pinnacle with the minor things we have had. Our office has worked well with them. He is going to vote in the negative on this. Mayor Johnson stated he checked with the Finance Director to see historically what the City has done about going beyond 1 year regarding contracts for outside services. He was told we have. Commissioner Franck stated since he has been here in 2006 we have not. There was no RFP put out on this. He is not against the idea of outsourcing as it can potentially save money. He doesn’t believe the insurance has been cleared up on the Accounts Department end and he doesn’t see the prices going up dramatically in this market. Ayes – 4 Nays – 1 (Commissioner Franck) Appointment: Planning Board Mayor Johnson advised he is re-appointing Clifford VanWagner through December 31, 2018. He has done a great job. Discussion and Vote: Recreation Department Sponsors (11-353) Kathy Lanfear of the Recreation Department listed the basketball sponsors as: Saratoga Springs PBA, Saratoga National Bank, Cudney’s Laundry, Harris Beach, Town and Country Bridges and Railroad, Adirondack Trust, Allerdice Building Supply, Pompa Brothers, AFSCO Fence, Rodriquez and Dorn, Saratoga Financial Services, Saratoga Springs Water Company, Knights of Columbus, Stone Bridge, Spring Street Deli, Dryer Boyajian Law Firm, Saratoga Wilton Elks Lodge 161, Billington Dentistry, Saratoga Springs Rotary Club, John Ray and Sons, TECH II, Saratoga Strike Zone, Holiday Inn, Saratoga Salsa & Spice Company, Kinderhook Bank, and Saratoga Guitar. She thanked all for their support. Mayor Johnson moved and Commissioner Ivins seconded to approve the sponsorships as described. Ayes - All Discussion and Vote: Recreation Department Proposal (11-354) Kathy Lanfear explained they are requesting the Recreation Department titles be consolidated pending Civil Service and City approval. These titles are: Recreation Activities Coordinator range $13 - $16 per hour; Recreation Activities Coordinator Returning $19. $20, and $25 per hour; Recreation Activities Assistant range $10 - $13 per hour; Recreation Activities Assistant Returning $15.50 per hour; Recreation Activities Instructor range $10 - $12 per hour; Recreation Activities Leader range $8 - $10 per hour; and shift differentials range $.50 - $1.00 per hour. The request for rates that are outside of the range are for those employees who are currently employed by the City. Personnel with multiple titles will be combined into one title and one rate will be made within the range. The Camp Saradac titles and rates will remain the same. Johnson moved and Commissioner Ivins seconded to approve the consolidation of titles and rates as described. Page 9 of 18 City Council Meeting 12/20/11 Ayes - All Announcement: Recreation Programs Registration and Events Kathy Lanfear advised registration will begin the second week in January. There are spaces available for the second session of the kinder-skate program. This is an 8 week session. The registration forms and monthly calendar can be downloaded from the City’s website at www.saratoga-springs.org. All recreation events can be found on the web. Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth, PC for Charter Challenge (11-355) Johnson stated this is a continuation of the current lawsuit the City has been engaged in with the Saratoga Citizen Group. This if for the hourly rate and continuing the work they have started regarding the appeal. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the contract. Commissioner Ivins stated he voted no the last time on this and will again vote no. Commissioner Franck stated he will do the same. Ayes – 3 Nays – 2 (Commissioner Ivins and Commissioner Franck) Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth, PC for Civil Service Matters (11-356) Mayor Johnson explained this is for continuing representation of the City regarding litigation with the City’s Civil Service Commission issue which is an appeal issue. It is to make the contract current with no change in terms or conditions. Mayor Johnson moved and Commissioner Wirth seconded to authorize the mayor to enter into the contract as described. Commissioner Franck stated he voted no before and will vote no again. Ayes – 4 Nays – 1 (Commissioner Franck) Discussion and Vote: Supplemental Agreement #4 with AE COM for Spring Run Trail The mayor withdrew this item from his agenda. Discussion and Vote: Climate Smart Communities Resolution (11-359) Johnson stated the Council has an opportunity to become part of a larger group called the Climate Smart Communities. There are 99 participants of this group across the state. This provides the City to become the 100th municipality to join in. This will save the City money and protect our resources. If we adopt the pledge/resolution, we will become designated to become a successful local climate program throughout the City. We will also become eligible and receive notification of funding opportunities. Page 10 of 18 City Council Meeting 12/20/11 Commissioner Ivins stated he supports this and is very pleased to see the Council and the City moving in this direction. Mayor Johnson thanked Supervisor Yepsen for her involvement in this. Raina Coldwell of Sustainable Saratoga commended the mayor and commissioners for considering this agreement. It is forward looking and a partnership sponsored by the Department of State, Department of Transportation, etc. The Council waived the reading of the resolution but is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Richard Wirth WHEREAS, the City of Saratoga Springs (hereinafter "local government") believes that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels; and WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, IT IS HEREBY RESOLVED that the City of Saratoga Springs, in order to reduce greenhouse gas emissions and adapt to a changing climate, will: 1. Pledge to Combat Climate Change by Becoming a Climate Smart Community Set goals to reduce GHG emissions and adapt to predicted climatic changes. Establish a task force of local officials and community members to review the issues and propose a plan of action. Designate a point person who will oversee climate change initiatives and publicly report on progress. Work cooperatively with similar task forces in neighboring communities to ensure that efforts complement and reinforce one another. As an official signal of commitment and for access to technical resources, sign on to a widespread climate campaign such as ICLEI Local Governments for Sustainability - Climate Protection campaign. 2. Set Goals, Inventory Emissions, Move to Action Gather data, inventory GHG gas emissions, and establish baselines for local government operations and community sectors. Develop quantifiable interim GHG emission targets consistent with emission reduction goals and propose a schedule and financing strategy to meet them. Encourage stakeholder and public input and develop an action plan. Report emissions to The Climate Registry (TCR), which has developed a standardized method for reporting emissions inventories; use ICLEI and TCR's tools to track and evaluate progress. 3. Decrease Energy Demand for Local Government Operations Adopt a goal of reducing electricity use by 15 percent from projected levels no later than 2015. Existing Public Facilities. Inventory current building electricity usage and identify opportunities for conservation and efficiency retrofits. Obtain energy assessments from the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority, the Long Island Power Authority or other professionals. Consider actions such as purchasing energy efficient equipment and appliances, such as ENERGY STAR®; improving lighting, heating, and cooling efficiency; setting thermostats for maximum energy conservation; decreasing plug load from office equipment; and increasing pump efficiency in water and wastewater systems. New Public Buildings. Achieve at least minimum U.S. Green Building Council Leadership in Energy and Environmental Design standards (LEED Silver) for all new local government buildings. Page 11 of 18 City Council Meeting 12/20/11 Infrastructure. Incorporate energy efficient technologies and operations and maintenance practices into municipal street lighting, traffic signals, and water and wastewater treatment facilities. Vehicle Fleet and Commuting. Improve the average fuel efficiency of local government fleet vehicles. Discourage vehicle idling and encourage bicycling, car-pooling and public transit for employees. Consider reducing the number of vehicles; converting fleet vehicles to sustainable alternative fuels; and using electric vehicles where possible. 4. Encourage Renewable Energy for Local Government Operations Supply as much of the local government's power, heat and hot water needs as possible from solar, wind, and small hydro through purchase or direct generation. 5. Realize Benefits of Recycling and Other Climate Smart Solid Waste Management Practices Expand the "reduce, reuse and recycle" approach to waste management in local government operations and in the whole community. Reduce the amount of solid waste generated -- promote backyard composting, implement volume-based pricing and educate residents on how to prevent waste. Promote reuse by organizing community-wide yard sales, and providing a space for drop-off or trade of reusable goods. Provide recycling receptacles in local government buildings and outdoor spaces, require duplex printing in government offices, compost food scraps and green waste, and adopt a comprehensive green purchasing program. 6. Promote Climate Protection through Community Land Use Planning Combat climate change by encouraging low-emissions development that is resilient to climatic changes. When updating land use policies, building codes or community plans, include provisions to combat climate change; reduce sprawl; preserve and protect open space, biodiversity, and water supplies; promote compact, transit-oriented, bikeable and walkable communities; promote infill development; minimize new development in floodplains; maintain or establish healthy community forests; and promote best forest management practices and encourage tree planting, especially along waterways, to increase shading and to absorb carbon dioxide. 7. Plan for Adaptation to Unavoidable Climate Change Evaluate risks from unavoidable climate change, set adaptation goals and plan for adaptation. Identify climate change impacts (such as flooding, drought, and extreme temperatures) that could affect the community. Identify areas such as water supply and sewer infrastructure that may be at risk due to sea-level rise and future changes in climate. Factor risks into long-term investments and decision-making. Execute climate change adaptation and preparedness measures through local government planning, development and operations, giving priority to the highest risk areas. 8. Support a Green Innovation Economy Identify opportunities to incorporate climate protection, sustainability and environmental goods and service industries into economic development plans. Encourage workforce development training and school curricula that support the emerging green collar job sector, including renewable energy and energy efficiency, as well as climate smart solid waste management practices. Procure climate smart goods and services for local government operations and support modernizing of local and national electricity grids. 9. Inform and Inspire the Public Lead by example. Highlight local government commitment to reducing energy use, saving tax dollars, and adapting to changing conditions. Demonstrate the benefits of energy savings, energy efficiency, and renewable energy projects by hosting open houses; distributing fliers; holding local meetings; working with school districts, colleges, and universities to develop climate change curricula and programs; engaging faith-based communities in climate protection; and regularly communicating community climate protection goals and progress to constituents. 10. Commit to an Evolving Process Acknowledge that research and policy on climate protection are constantly improving and evolving. Be willing to consider new ideas and commit to update plans and policies as needed. Compare successes, cooperate and collaborate with neighboring communities to redirect less-effective actions and amplify positive results. Mayor Johnson moved and Commissioner Ivins seconded to adopt the resolution to become part of the Climate Smart Communities. Ayes – All Announcement: 2012 Inauguration Ceremony Page 12 of 18 City Council Meeting 12/20/11 Mayor Johnson announced the 2012 inauguration ceremony will be held January 1, 2012 at 1 p.m. at the City Center. Mayor Johnson thanked Commissioner Ivins and Commissioner Wirth for their time, service, and dedication to the City. It is not an easy chore to undertake and we value the service of the people that step up. Commissioner Franck stated Commissioner Wirth has always been a gentleman and looked past party lines. It was a 7 day a week job for him. In Commissioner Ivins’ tenure, he has brought us back and we may even have a large surplus. He had to make some tough decisions. He thanked both of them. Commissioner Scirocco stated running for public office is a difficult process and you must have thick skin. You are at the mercy of the public, press. It has been a pleasure serving with them. ACCOUNTS DEPARTMENT Award of Bid: 6 Woodlawn Avenue Parking Deck to BCI Construction, Inc. (11-357) Commissioner Franck moved and Mayor Johnson seconded to award the bid for 6 Woodlawn Avenue Parking Deck to BCI Construction, Inc. in the amount of $4,382,000. Mayor Johnson advised the chair, Tom Roohan, of the RFP committee is here if there are any questions. Commissioner Franck stated this committee has worked on this during their free time and have been put under tight guidelines. Mayor Johnson stated all 5 bids were thoroughly evaluated and interviews were conducted. The 5 bidders were all very qualified and it was a difficult choice. They will not be using the whole lot; 2/3 will be used and will be building up not out. This is exciting for the City and he looks forward to working with BCI. Ayes - All Discussion and Vote: Appointment of Commissioners of Deeds (11-358) Commissioner Franck advised that in March of this year, Kathleen Marchione, County Clerk, contacted his deputy to advise some of the Commissioners of Deeds appointed by the City had an incorrect termination dates. They went on to explain how the termination date is determined and asked that we re-file for those who had an incorrect date. My department worked with Assistant City Attorney Tony Izzo to come to a resolution. The names of those who we need to re-appoint are attached to the agenda. Commissioner Franck moved and Commissioner Ivins seconded to appoint the list of City employees as Commissioners of Deeds as previously distributed to the Council. Ayes - All Discussion and Vote: Approval of Zoning Map Amendment for 95 Meadow Brook Road Commissioner Franck advised the City’s Planning Board as well as Saratoga County’s Planning Board reviewed the zoning map amendment for 95 Meadow Brook Road. Both boards have issued a favorable opinion for the zoning amendment. The applicant has completed Part 1 of the SEQRA short form and the next step is for the City Council to complete Part 2 of the SEQRA short form. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No Page 13 of 18 City Council Meeting 12/20/11 C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No Impact anticipated. Mayor Johnson asked if Mr. Sheldon if he ever raised his concern to the City Planning Board or the County Planning Board. Mr. Sheldon stated he had no knowledge of this until a few neighbors received notification. He just knows the water is on the opposite side of the road. Mayor Johnson asked Ms. Sheldon if she had any knowledge. He asked Kate Maynard of the Planning Office to explain further. Kate advised the notification process calls for notification within 250 feet. Notification did take place. She made it clear this is for one applicant and one parcel. Commissioner Ivins asked why they are asking for the re-zoning. Kate explained this 1.38 acre parcel has split zoning; RR-1 and SR-2. In 2001 there was a piece of the parcel to the rear that was conveyed to this subject parcel. The zoning for that piece in the rear stayed as it was. They looked at all avenues when the applicant came forward and they found this was the clearest way to propose the change. Commissioner Scirocco asked what are the possibilities with this change. Kate stated the minimum lot size for RR-1 is 2 acres and the minimum lot size for SR-2 is 20,000 square foot. The primary difference is there is no further subdivision for the site to what could be a potential subdivision in the future if the zoning was approved as SR-2 in its entirety. The Planning Board did factor in the suitable density for this area and that there is water infrastructure available on the south side of Meadow Brook. The County referral also came back with no inter-community impact. Mayor Johnson asked if this is to be re-zoned the Planning Board would have to go through the entire process of any application to develop this parcel which would include water and any impact on neighbors. Kate advised if the owner did go through with the subdivision application, it would have to go through the entire process. Commissioner Franck suggested going through the entire SEQRA and then return this issue to the Planning Board to take another look because of the one issue brought up. It will also give Public Works time to review it. Mayor Johnson asked if there was anything that was time sensitive on this issue. Mr. Phil Piscitelli stated it is not time sensitive but something he would like to accomplish. In regards to the water situation brought up; everyone who lives on the opposite side of the road where the water main was run had to go across the road to get water. Commissioner Franck stated he would like to go through the rest of the SEQRA and then table it. The Council agreed. C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No Impact anticipated. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No Impact anticipated. C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No Impact anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No Impact anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? No Impact anticipated. Page 14 of 18 City Council Meeting 12/20/11 C7. Other impacts (including changes in use of either quantity or type of energy? No Impact anticipated. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Part III Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. The vote to pass the amendment has been tabled to allow Commissioner Scirocco to look further into the water issue raised and for the City Planning Board to further review the water issue raised. Discussion and Vote: Authorization for Mayor to Sign Contract with Fitzgerald, Morris, Baker, and Firth for Article 7 & 78 Items (11-360) Commissioner Franck advised this firm has been handling our Article 7 and 78 matters relating to assessments since 2007. This is a formality to have a new agreement in effect for 2012. The terms and conditions are the same. Commissioner Franck moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Fitzgerald, Morris, Baker, and Firth for the article 7 & 78 matters as described. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Town, Ryan, and Partners for Article 7 Legal Matters (11-361) Commissioner Franck advised this firm has been handling some article 7 matters. This is a formality to have a new agreement in effect for 2012. Commissioner Franck moved and Commissioner Ivins seconded to authorize the mayor to sign an agreement with Towne Ryan and Partners for article 7 matters as described and contingent upon review by Risk and Safety. Ayes - All FINANCE DEPARTMENT Discussion and Vote: DPS Payroll Transfers (11-362) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: DPW Payroll Transfers (11-363) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins corrected his statement made at the last City Council meeting where he said a transfer was made from a CHIPS line. That was incorrect; the transfer was made from the City Hall labor line. Ayes – All Page 15 of 18 City Council Meeting 12/20/11 Discussion and Vote: Mayor’s Payroll Transfers (11-364) Commissioner Ivins moved and Mayor Johnson seconded to approve the Mayor’s payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Recreation Payroll Transfers (11-365) Commissioner Ivins moved and Mayor Johnson seconded to approve the Recreation Department payroll transfers as previously distributed to the Council. Ayes - All Discussion and Vote: Finance Transfer for Spring Run Trail (11-366) Commissioner Ivins moved to approve the transfer of a new line in DPW for Spring Run Trail monitoring as previously distributed to the Council. Commissioner Ivins stated the amount of transfer is $13,800 from contingency to the new line in DPW titled Spring Run Trail Monitoring; account number A3031494-54746. This will cover costs for equipment and professional services for periodic monitoring. The balance of the contingency fund is $85,074.44; the balance prior to the transfer was $98,924.44. Commissioner Scirocco stated this is to monitor the wetlands. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Wirth – Aye Mayor Johnson - Aye Discussion and Vote: MVP Health Insurance Contract (11-367) Commissioner Ivins moved and Mayor Johnson seconded to authorize the mayor to sign a 2011 MVP Health Insurance contract as previously distributed to the Council via e-mail. Commissioner Ivins stated the contract was recently delivered and covers the period of July 1, 2011 through December 31, 2011. Rates were previously approved by the Council. Ayes - All Discussion and Vote: Acceptance of Property Tax Rates for 2012 (11-368) Commissioner Ivins moved and Commissioner Wirth seconded to approve the City tax rates previously distributed to the Council. Commissioner Ivins explained the rate for the inside district is $5.1765; the outside district is $5.1025; debt service fund rate is $.08473; and the downtown assessment district is $.5073. These are all per thousand. Ayes - All Discussion and Vote: Approval for Acceptance of Furniture Donation (11-369) Page 16 of 18 City Council Meeting 12/20/11 Commissioner Ivins moved and Commissioner Wirth seconded to authorize the mayor to sign an agreement to accept the furniture donation from State Farm Insurance. Commissioner Ivins stated State Farm Insurance is donating 5 ‘L’ shaped desks valued at $30 each. Ayes - All Discussion: Online Capacity of City Website When the City website was originally put on line the attachments were made available for the public to view. An update to the software caused that functionality to no longer be available. The public can now view those attachments again. Discussion: City Finances Commissioner Ivins explained at the last meeting there were transfers from the contingency line but he failed to mention the beginning and ending balance of that fund. They started at $111,600.00 and ended with $98,924.44. The City has received its sales tax payment through the month of October including interest. We received approximately $28,700 more of state aid revenue sharing than we had budgeted for. Commissioner Ivins thanked the Council and his former Deputy Kate Jarosh and his current Deputy Jerry Lundgren and all the other deputies. He also thanked Christine Gillmett-Brown and the rest of his staff who have been hard working and professional. He also thanked the voters for allowing him to serve them. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign a Contract with Barton & Loguidice for Spring Run Trail (11-370) Commissioner Scirocco stated this agreement provides for the installation of monitors. Barton & Loguidice provided the lowest cost for this at $13,850. Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor sign a contract with Barton & Loguidice for the installation and monitoring of the wetlands for Spring Run Trail for 2012 in the amount of $13,800. Ayes – All PUBLIC SAFETY DEPARTMENT Commissioner Wirth stated he enjoyed his job and was available 24/7. He thanked the entire Council and the deputies including Kate Jarosh and Michele Boxley. He hopes he addressed all concerns. SUPERVISORS Joanne Yepsen 2011 NYS Regional Economic Development Awards Supervisor Yepsen reported $785 million was given out; 4 districts received over $100 million. This program will be done again next year and will be close to $1 billion. Saratoga Springs was too small in our Page 17 of 18 City Council Meeting 12/20/11 scope. We need to think about what our projects are going to be and we need to cooperate with the local communities and counties. Climate Smart Communities Opportunity for Saratoga Springs Supervisor Yepsen thanked the mayor for putting this on his agenda this evening. 2012 County Budget Supervisor Yepsen reported she has never voted against a County budget since she was elected in 2005. This year she voted ‘NO’. If they had started earlier and had known what the issues were and numbers were, raising taxes probably wouldn’t have been in the conversation. She hopes the County can improve on this. Matt Veitch Saratoga County 2012 Budget Supervisor Veitch reported the final budget was substantially different than was proposed in November. It highlighted that the County needs to change the way they do business. The original proposal was presented with a 1% sales tax increase. At the final budget meeting they came up with a more reasonable plan. He is not happy that he had to vote for a tax increase this year. The budget is not perfect but better than what was proposed. If they had voted against the budget there would have been a 22% increase. He feels the County should do a monthly budget report as done in the City at each Council meeting. 2012 County Organizational Meeting Supervisor Veitch reported the re-organizational meeting will be on January 3rd. He will report back on what committees he is appointed to. Monthly Board Meeting Supervisor Veitch stated they approved the scale of charges for the sewer district – no change. It will be the same as last year. They reorganized how they pay for health care so they can realize a savings of about $1.3 million. Trails Committee Supervisor Veitch reported they met last week. They also talked about extending the Zim Smith Trail and to sell some land on Spruce Mountain. 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 8:53 p.m. Respectfully submitted, Lisa Ribis Clerk Page 18 of 18 City Council Meeting 12/20/11 Approved: 12/29/11 Vote: 5 - 0 Page 19 of 18