City Council

January 17, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:00 – EMS Workshop 6:50 P.M. – Change Maple Street to Willow Lane 6:55 P.M. – Zoning Amendment for 11 & 15 Maple Dell 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Announcement: Investigator Appointments 2. Announcement: Police Academy Graduates EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of City Council Minutes for 1/1/12 2. Approval of City Council Minutes for 1/3/12 3. Approve Budget Amendments 4. Approve Budget Transfers – Regular 5. Approve Payroll 1/6/12 $374,671.46 6. Approve Payroll 1/13/12 $424,879.09 7. Approve Payroll 12/23/11 $393,777.89 8. Approve Payroll 12/30/11 $420,907.78 9. Approve Payroll 12/31/11 $37,434.32 10. Approve Warrant 2011 Mid 11MWDEC3 $125,788.45 11. Approve Warrant 2011 Regular 11DEC4 $151,046.95 12. Approve Warrant 2012 Mid 12MWJAN1 $2,501.08 13. Approve Warrant 2012 Regular 12JAN1 $135,699.11 MAYOR’S DEPARTMENT 1. Announcement: 2012 State of the City 2. Set Public Hearing: Amend the 2012 Capital Budget 3. Appointment: Community Development Citizen Advisory Committee 4. Appointment: Design Review Commission 5. Appointment: Planning Board 6. Appointment: Preservation Foundation Board Member 7. Discussion and Vote: Letter of Support for Proposed NY Horse Park 8. Discussion and Vote: Employee Assistance Policy City Council Meeting 1/17/12 9. Discussion and Vote: Authorization for Mayor to Sign Agreement with ESI for EAP 10. Discussion and Vote: Saratoga County Office for the Aging Nutrition and Transportation Agreements 11. Discussion: Court Decision Regarding the Appeal of the Case: “City of Saratoga Springs vs. Saratoga Springs Civil Service Commission” ACCOUNTS DEPARTMENT 1. Discussion: Housing Authority 2. Discussion and Vote: Issue SEQRA Negative Declaration for 11 & 15 Maple Dell Zoning Amendment 3. Discussion and Vote: Approve Zoning Amendment for 11 & 15 Maple Dell 4. Discussion and Vote: SEQRA Negative Declaration for 95 Meadow Brook Road 5. Discussion and Vote: Approval of Zoning Amendment for 95 Meadow Brook Road 6. Award of Bid: Extension of Medical Supply Bid 7. Discussion and Vote: Resolution for Safety Committee 8. Discussion and Vote: Approval of Grant Application FINANCE DEPARTMENT 1. Discussion: Finance Planning and Priorities 2. Discussion: Contracts – Procedures 3. Discussion and Vote: City Center Transfer – Contingency 4. Discussion and Vote: Standard Workday Resolution 5. Discussion and Vote: Correction of City Council Minutes – CCM12/20/11 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Change Maple Street to Willow Lane in the City Code Book 2. Discussion and Vote: Reduction in Grade for the Title of Water Treatment Plant Maintenance Supervisor 3. Announcement: Street Acceptance for Snowplowing PUBLIC SAFETY 1. Announcement: Passing of John Kraus 2. Discussion: Update on Speed on the Entryways to the City of Saratoga Springs 3. Discussion: Southwest Association Neighborhood Meeting 4. Announcement: Parking Regulation Changes on Vanderbilt Avenue and State Street 5. Announcement: Meeting with Bar and Restaurant Owners 6. Discussion and Vote: Authorization for Mayor to Sign Maintenance Agreement with Fire Apparatus 7. Discussion and Vote: Authorization for Mayor to Sign Contract with Digital Surveillance Solutions 8. Discussion and Vote: Authorization for Mayor to Sign contract with Timothy Brooks for Medical Director 9. Discussion and Vote: Reappointment of Dr. Paul Okosky as Public Health Officer 10. Discussion and Vote: Authorization for the Mayor to Sign a Resolution to File a Muni-Con 11. Discussion and Vote: Authorization for the Mayor to Sign a Letter to Department of Health Authorizing SSFD to Provide ALS (Advance Life Support) for Saratoga Springs SUPERVISORS Joanne Yepsen 1. Report 1/17 County Board Meeting & Deceased Veterans Ceremony 2. Follow Up On Career Fair 3. Impact of Cuomo’s State of the State, Budget Proposal Page 2 of 22 City Council Meeting 1/17/12 Matt Veitch 1. County Board Meeting 2. Global Foundries Job Fair 3. Technology Committee ADJOURN Page 3 of 22 City Council Meeting 1/17/12 January 17, 2012 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, 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 Change Maple Street to Willow Lane Mayor Johnson opened the public comment period at 8:15 pm. Commissioner Scirocco stated because there is a Maple Avenue and a Maple Dell in the City; it is in the best interest of the residents to change the name to avoid confusion in emergency response situations. The residents have chosen the name Willow Lane. No one spoke. Page 4 of 22 City Council Meeting 1/17/12 Mayor Johnson closed the public comment period at 8:17 p.m. Zoning Amendment for 11 & 15 Maple Dell Mayor Johnson opened the public comment period at 8:17 p.m. Tracy Millis of 37 Maple Dell stated his neighborhood association has given input into every major plan. They have been fighting to keep commercialization out of Maple Dell. The way to get in and out of Stewart’s is through Maple Dell. Now they want to allow bowling alleys, truck stops, gas pumps, etc. It’s not right to put that in a residential neighborhood. What is going to happen to the way the master plan reads. They get hammered every year by developers. They would like to keep the residential neighborhood they have left residential. Joseph Ernst of 391 Maple Avenue stated he is a victim of “spot zoning”. He purchased commercial land and it was stripped of him. We are not going to eliminate Stewart’s, the truck traffic is there; it’s commercial . Let’s allow the other people to sell their property down the road as commercial. Debbie Millis of Maple Dell stated she has been a resident there for 40 years. She would like to see residence and residential. Commissioner Franck asked the 3 people who came to the mic if any of them went to the City Planning Board meeting. The residents stated they did not. Jennifer Howard of Stewart’s introduced herself and stated she is here to answer any questions if necessary. Commissioner Franck stated he will defer the vote to go back to the Planning Board so these people can voice their concerns. The Planning Board has already provided their opinion; however, he would like the Planning Board to hear the residents’ concerns. Kate Maynard of the Planning Department stated until the point of the Council meeting – a public hearing is not required. Commissioner Mathiesen stated when he was on the Zoning Board of Appeals; one of their concerns was neighbor notifications. It is important for the neighbors to have the opportunity to speak. Richard Farrell, owner of Saratoga North. Saratoga North is behind the Stewarts building. The building is no longer zoned for medical and he would like to have it zoned the way it was when he purchased the property. He does respect the community of where he is located and that community has a big impact on his business. Because of emergency services, there was a number change. Then about a month later there was a name change. This change cost him $5,000 for him to change everything with his payers, malpractice insurance, etc. The neighbors never notified him. He wants to be a member that community and doesn’t feel this change in how the area would be utilized would change anything with traffic. They have to know what the real issue is. He just wants to rent his building as an office. Mayor Johnson confirmed that what really brought this application forward was to allow rental for office space. Dr. Farrell stated that is correct. Jennifer Howard of Stewart’s stated this area is zoned commercial and is allowed a real estate office or an insurance office but no other type of office in their front building. They don’t want to change the neighborhood or the traffic. She just wants to be able to rent it as office space. Page 5 of 22 City Council Meeting 1/17/12 Mr. Millis stated he likes the idea of kicking this back. If it gets changed it is changed forever. What happens when they decide to sell? The public comment period ended at 8:35 p.m. and was kept open. CALL TO ORDER Mayor Johnson called the meeting to order at 8:35 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 8:36 p.m. Rick Thompson of 26 Frederick Drive stated he is not here on behalf of Saratoga Citizens. John Krause always tried to represent the citizens and to help others. He wasn’t afraid to take the Council to task on issues and gave a commissioner their due when they did their job well. John cared deeply for Saratoga Springs and its citizens. Mark Lawton of 209 Nelson Avenue stated John Krause was his friend. John loved this city and tried to make it a better place. He died of cancer before he could attend a meeting of the new Council. He asked him to deliver a message to welcome the new Council and to urge them to work together for the benefit of the City and the citizens that live here. He believed in transparency, accountability, and wanted ordinary citizens to participate and understand what was being done by elected officials. His last wishes to the Council were to present each Council member with a token (flower) of his affection and concern; which is to work together and see beyond parties. Pat Kane of 19 Marion Place stated he too wants to commemorate John’s passing. He was a guy who touched us all very deeply. He provided an update on Saratoga Citizen issues. They won in Supreme Court against the City last January regarding their petitions. They City has appealed the decision and the oral arguments will be given in the second week in February. He would like the Council to think about working together should the Appellate Court rule in support of the Supreme Court findings. He also stated that voting at the Lincoln Baths is a challenge for people. He encouraged the Council to think about moving the voting location back to the City Center. Dave Bronner of 5 Royal Henley Court stated he discussed what he felt was to be problems on Caroline Street at the last meeting. This has to be looked at as a comprehensive manner; including police presence. Are they passive, active, do they go into the bars from time to time? The laws need to be enforced when they are broken and not a slap on the wrist. Maybe we need to make adjustments to the police piece of this as well. Mayor Johnson closed the public comment period at 8:45 p.m. PRESENTATION Investigator Appointments Page 6 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen announced the appointment of the following officers to the position of investigator: Meghan Mullen, Justin Ahigian, and Christopher Callahan. Police Academy Graduates Commissioner Mathiesen stated last week he attended the graduation of 3 individuals who will be joining the Saratoga Police at the Zone 5 Training Academy. These people are: William Arpey, Carl VanWagner, and John Bateholtz, Jr. He congratulated them and wished them the best of luck. Each one was sworn in by Commissioner Mathiesen. Council took a recess at 8:55 p.m. Council returned at 9:07 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows and revised: 1. Approval of City Council Minutes for 1/1/12 2. Approval of City Council Minutes for 1/3/12 3. Approve Budget Amendments 4. Approve Budget Transfers – Regular 5. Approve Payroll 1/6/12 $374,671.46 6. Approve Payroll 1/13/12 $424,879.09 7. Approve Payroll 12/23/11 $393,777.89 8. Approve Payroll 12/30/11 $420,907.78 9. Approve Payroll 12/31/11 $37,434.32 10. Approve Warrant 2011 Mid 11MWDEC3 $125,788.45 11. Approve Warrant 2011 Regular 11DEC4 $151,046.95 12. Approve Warrant 2012 Mid 12MWJAN1 $2,501.08 13. Approve Warrant 2012 Regular 12JAN1 $135,699.11 Commissioner Madigan requested a correction to the 1/3/12 minutes. Under the Mayor’s Payroll Transfers item, the corrected item will reflect that Commissioner Madigan clarified the budget line from which the funds were transferred is the City Attorney professional services line and not the City Attorney line. Ayes – All MAYOR’S DEPARTMENT Announcement: 2012 State of the City Mayor Johnson announced the 2012 State of the City address will be held on Sunday, February 5, 2012 at 1 p.m. at the City Center. Set Public Hearing: Amend the 2012 Capital Budget Mayor Johnson stated there are 2 items. The first item is to remove the $4,782,000 for the Woodlawn parking deck since it is now in the 2011 capital budget. The second item is the removal of $800,000 for the development of the Waterfront Park. That money was placed in there contingent upon receipt of a matching grant, which was not received. A public hearing was set for February 7, 2012 at 6:55 p.m. Appointment: Community Development Citizen Advisory Committee Page 7 of 22 City Council Meeting 1/17/12 Mayor Johnson stated this is a 12 member committee that serves in an advisory capacity to the City Council. He appointed Richard Ferguson, Lu Lucas, Pamela Polacsek, and Kyran Nigro with a term to expire June 30, 2014. Linda Harvey-Opiteck, Bob Barile, Victor Cinquino, and Mary Zlotnick were appointed with a term to expire June 30, 2013. Jenny Mirling, Remijia Foy, Andrew Jarosh, and Brian Struaghter will have a term to expire June 30, 2012. He thanked all of them for serving the City. Appointment: Design Review Commission Mayor Johnson appointed Rob Demarco and Karen Covatta to the DRC. They are very excited to serve the City in this capacity. He thanked them for agreeing to do this. He also thanked Mark Hogan whose term has expired. Appointment: Planning Board Mayor Johnson appointed Marissa Cappola to serve out the balance of the term that was created by the resignation of Jamin Totino. He thanked Jamin for his years of service to the City. Miss Cappola’s term is set to expire December 31, 2013. Appointment: Preservation Foundation Board Member Mayor Johnson advised each year the Foundation has offered the City, through the Mayor’s Office, to appoint someone to their board. Charlene Courtney has agreed to serve in that capacity. Discussion and Vote: Letter of Support for Proposed NY Horse Park (12-07) Mayor Johnson stated he addressed this issue with the Council at the last meeting. He circulated the proposed letter of support. The County has already issued a letter of support. This is a great economic tool for our region. Mayor Johnson moved and Commissioner Mathiesen seconded to authorize the mayor to sign and issue the letter of support. Commissioner Mathiesen mentioned that former supervisor Cheryl Keyrouse was a big advocate of this many years ago. Ayes - All Discussion and Vote: Employee Assistance Policy (12-08) Mayor Johnson stated this is for our City employees and their family members who need an outreach to address the stress, personal difficulties, etc. in their lives. This does come under the direction and control of human resources. This is a revision to the policy to delete the prior representative of the City to monitor the program. The director of risk and safety was the original person in the absence of a human resource administrator. This is a more appropriate context of the EAP program. Mayor Johnson moved and Commissioner Scirocco seconded to accept the policy and program as revised and amended. Commissioner Mathiesen asked if this could be tabled until more members of various departments could go over this. Concerns include the extent of involvement of the human resources administrator, who is a consultant, and the confidentiality with it. Mayor Johnson stated he understands part of his concern but he does not understand the confidentiality portion. We have outsourced with Pinnacle Human Resources who is bound by confidentially regardless of whether they are a City employee. The representative from Pinnacle, Joe Lattanzio is available in this context in the capacity of human resources 24/7. Confidentiality is the foundation of an EAP program. Page 8 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen stated there are concerns being voiced by the uniformed services of the City. Commissioner Madigan stated she believes the concern is do we have a human resource administrator and does this fall under the consultants duty or do we have a consultant human resource administrator. Mayor Johnson stated this is a distinction without any substance. No one else in the City provides humans resources services other than through Pinnacle. Commissioner Franck asked if this is time sensitive. Mayor Johnson stated it is not; however he does not understanding the objections being made at the table. Commissioner Madigan stated she has heard concerns regarding section 5 where it states “all such referrals much be made in concert with the City Human Resources Administrator”. An employee may want to use the EAP program without involving the human resource administrator. Mayor Johnson stated the program is not self executed. Someone has to direct and implement the program; it is not self executing. It can’t be the employee or the supervisor going on their own to the EAP program; there has to be some structure to it. When Risk and Safety performed this function he didn’t hear any concerns then. Commissioner Mathiesen stated the risk and safety person is on the City staff and has credentials. Some of the concerns that have been voiced to him leads him to believe they should look more closely at this. Commissioner Scirocco stated the Charter goes back to human resources being administrator of this program. Commissioner Mathiesen stated if we had an in-house human resource person they would have been hired on their credentials. He is not familiar with the credentials of the person who doing human resources now. Mayor Johnson stated the City couldn’t afford to hire someone to work for the City with those credentials. The individual in question is a retired NYS worker and was the chief human resource administrator for the Department of Environmental Conservation. His credentials are not the question. Commissioner Madigan stated they don’t understand the scope of the consultant’s role. They don’t have a human resource administrator at this time; they have a consultant. Mayor Johnson stated regardless of if the person is a consultant or an administrator; he is solely performing the service of human resources in the City. He asked if he is missing something. Commissioner Madigan stated issues have been raised about the chain of command and this raises concerns about a supervisor being over-ruled when they may be closest to the issue. Mayor Johnson stated this is because of the way our City government is structured. The program has to be administered by someone. The EAP program emanated from collective bargaining. Chief Williams stated one of the concerns brought to his attention is there is a sentence in that policy that removes the ability for them to offer the service of counseling without getting approval from the human resource administrator. It is inconsistent with what the EAP is. We tell everyone it is available and provide web pages; now they would first have to go to the administrator. Commissioner Franck confirmed the statement of the policy that is in question is “all such referrals shall be made in concert with the human resource administrator”. Mayor Johnson advised the referral referenced is referring to those employees who have reached the level of disciplinary action. Page 9 of 22 City Council Meeting 1/17/12 Chief Williams stated that is correct. The EAP is a great tool and they don’t want to lose it. Mayor Johnson asked Chief Williams if he is suggesting only he should be made aware of a problem and no one else in City government. Chief Williams stated he doesn’t feel he needs to go to the human resource administrator for issues he can handle himself. Commissioner Madigan asked if this clause was in the original agreement. Chief Williams stated he didn’t believe so, that is why it is highlighted in the proposed policy. Commissioner Madigan asked if it is possible to remove this line. Commissioner Scirocco stated in his department they take care of some things on their own. He was under the impression that any employee or employee’s family member could pick up the phone and call the EAP directly. Commissioner Franck asked Commissioner Mathiesen if he is looking for a friendly amendment to delete that line. Commissioner Mathiesen stated if it would meet the goal. Mayor Johnson stated the EAP is not to be policed by the human resource administrator. The employee always has the option of going directly to the EAP provider. He stated he has no problem taking that phase out. The intent is not to prevent the Chief from performing his function and assisting his employees. He has no problem removing that phrase. Commissioner Mathiesen stated if removed there wouldn’t be any problem. Mayor Johnson moved and Commissioner Mathiesen seconded that the employee assistance policy be adopted as revised to delete the phrase “all such referrals such be made in concert with the human resource administrator” at section 5. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with ESI for EAP (12-09) Mayor Johnson stated ESI is the provider of the EAP program. The total amount of the agreement is $7,023.50. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into this agreement for the term of January 1, 2012 – December 31, 2012. Commissioner Madigan stated the contract is in the amount of $7,023.50 and the appropriation is in the Mayor’s Department budget – human resource line A3011434/54572. Ayes - All Discussion and Vote: Saratoga County Office for the Aging Nutrition and Transportation Agreements (12- 10) Mayor Johnson stated this is based upon a dollar amount for each individual agreement and is an annual agreement. The total amount $12,016.00 and equally split at $6,008.00 each; budget line A3416794/54720 and A3416784/54720. Page 10 of 22 City Council Meeting 1/17/12 Mayor Johnson moved and commissioner Madigan seconded to authorize the mayor to enter into the agreements as described. Ayes - All Discussion: Court Decision Regarding the Appeal of the Case: “City of Saratoga Springs vs. Saratoga Springs Civil Service Commission” Mayor Johnson stated advised this is the litigation regarding the Building Department. There was a dispute over job descriptions and the job duties with the Civil Service Commission. The lower court agreed it was contrary to the Civil Service Law. Civil Service appealed the ruling and this is the ruling that upholds. We now have a full time building inspector so this should be behind us know. The City was acting appropriately when they had the assistant building inspectors issue building permits. ACCOUNTS DEPARTMENT Discussion: Housing Authority Commissioner Franck stated in his 6 years of service, he has never received so many irate calls as he has regarding the Housing Authority and the bed bug issue. We had Ed Spychalski here a couple weeks back and has since found him not to be creditable. We weren’t asking too much and he was rude at the mic. When Mr. Spychalski’s was hired in 2006, his salary was $74,777; then his salary was raised a little into that first year to $78,874; by the year starting July 2007 his salary increased to $85,000 - a 14% increase; year starting July 2008 his salary increased to $120,900 – a 40% salary increase; year starting July 2009 his salary increased to $134,000 – a 12% increase; year starting July 2010 his salary increased to $140,000 - a 5% increase; and year starting July 2011 his salary increased to $151,956 - an 8% increase. There are no benefits included in these amounts. If this is true, this gentleman is the highest paid public employee in Saratoga County and is paid more than the lieutenant governor of the state of New York. According to the CPI calculator, in 5 years he should be making $83,912.70. He also read there is a Civil Service violation due to a promotion without having gone through Civil Service and there is also nepotism. The executive director also has a Housing Authority truck and there may also be a jeep. Commissioner Franck put a letter out requesting budgets but has not yet received a response. The Council used to get annual reports; which have stopped when Mr. Spychalski took office in 2007. The Authority has enough money to give this gentleman a $77,000 salary increase but they don’t have enough money to take care of a bed bug problem. He asked Marilyn Rivers to contact anyone she can get help from and he has talked to many; they all said they can’t help us. He would like to request Commissioner Mathiesen to request Dr. Okosky, the City Public Health Officer, go in to the Housing Authority with the Fire Department to assess the situation. He would also ask the board of directors to come to a special council meeting to explain why this person has been given these raises. He wants answers as he has heard too much and he has lost his patience on this. He would like to hold the meeting on Tuesday, January 31st at 7 p.m. He is not trying to overstep the mayor; something needs to be done. He has heard too much and has lost his patience. He also stated there was a not-for-profit agency set up for Allen Drive; is Mr. Spychalski also being paid by that organization. Commissioner Madigan asked where exactly the salary comes from. Commissioner Franck stated this is HUD so it is federal money. Gerard Zabala, previous executive director, salary was in the low 70’s after being there a couple of decades. If the numbers are correct, they are extremely troubling. Commissioner Mathiesen stated he saw those numbers in the Times Union and found them troubling. It might be helpful to find out about other housing authorities. Commissioner Franck stated Albany is the highest paid housing director, other than this gentleman. The Albany director, who has a lot more units, is paid in the $130,000 area. Page 11 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen stated he will ask Dr. Okosky to look into this. Commissioner Scirocco asked if this is in the hands of an attorney. Commissioner Franck stated Mr. Kaufman tried to talk to Mr. Brunelle and he was told to talk to the Housing Authority attorney. Mayor Johnson advised there has been a FOIL request to the Housing Authority. He has been working with Mr. Spychalski since he took office 4 years ago to promote affordable housing in the City. He did not know about the salary issue until recently. Commissioner Franck stated we as a City have a part of this. He is so upset about this. Commissioner Madigan stated she wishes she could understand the federal contract. These numbers are not seen anywhere; not in the private sector and certainly not in government. Discussion and Vote: Issue SEQRA Negative Declaration for 11 & 15 Maple Dell Zoning Amendment Commissioner Franck pulled this item from his agenda. Discussion and Vote: Approve Zoning Amendment for 11 & 15 Maple Dell Commissioner Franck pulled this item from his agenda. Commissioner Franck asked that the neighbors get proper notification of the next Planning Board meeting. Mayor Johnson stated there is another option; a text amendment versus a map amendment. The expanded use would be office as opposed to a bowling alley. Kate Maynard advised Jennifer Howard, on behalf of Stewart’s, mentioned they were willing to consider a text amendment to add the uses of office and retail to that district. Mayor Johnson advised his concern is the Council felt there was merit to send this to the Planning Board based upon the map amendment not a text amendment. What does the Council need to do to have them look at this differently? Tony Izzo, assistant city attorney, advised the Council can on its own motion or on petition send something to the Planning Board. Addition: Commissioner Franck moved and Commissioner Mathiesen seconded to add an item to his agenda for discussion and vote to send the item 11 & 15 Maple Dell back to the Planning Board to consider the public comment in the context of the zoning map amendment as well as to consider if a text amendment would be more appropriate. (12-11) Ayes - All Mayor Johnson moved and Commissioner Franck seconded that the City Council has found sufficient merit to send 11 & 15 Maple Dell back to the City Planning Board for further consideration of the proposed zoning map amendment with greater public input notification for the residents or businesses on Maple Dell as well as for consideration of whether a proposed text amendment would be more appropriate. (12-12) Ayes - All Page 12 of 22 City Council Meeting 1/17/12 Discussion and Vote: SEQRA Negative Declaration for 95 Meadow Brook Road (12-13) Commissioner Franck announced that at the December 20, 2011 City Council Meeting, a public hearing was held regarding the zoning map amendment for 95 Meadow Brook Road. At that time, 2 residents voiced their concerns. In addition, part 2 of the SEQRA short form was read and the proposed answers were given. A vote was not taken on part 2 of the SEQRA short form as the Council decided to return the zoning amendment to the City’s Planning Board for them to reconsider. They have done so and by a vote of 6 – 0, the City Planning Board issued a re-affirmation of a favorable advisory opinion. Commissioner Franck also stated based upon the information provided by the applicant in Part 1 of the SEQRA Short Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQRA Short Environmental Assessment Form, it is the City Council’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment. Commissioner Franck moved and Commissioner Mathiesen seconded to issue a SEQRA Negative Declaration for this action. Ayes - All Discussion and Vote: Approval of Zoning Amendment for 95 Meadow Brook Road (12-14) Commissioner Franck moved and Mayor Johnson seconded to approve the zoning amendment for 95 Meadow Brook Road as presented to the Council. Ayes - All Award of Bid: Extension of Medical Supply Bid (12-15) Commissioner Franck moved and Commissioner Mathiesen seconded to extend the bid for medical supplies to Henry Schein and Bound Tree for an additional year under the same terms and conditions. Commissioner Madigan stated that this contract will be approved for an amount up to $15,000 and the appropriation is from the DPS Fire Department budget line A3143414/54150. Ayes - All Discussion and Vote: Resolution for Safety Committee (12-16) Commissioner Franck asked Marilyn Rivers to explain the resolution. Marilyn Rivers stated each time we change insurance carriers we review the Safety Committee and its membership. Safety Committee has served as a resource to help solve problems and offer advice. Our findings are brought to City Council for approval. This resolution recognizes the position of administrative director of recreation; taken out the director of public works and added city electrician; and the new piece to public safety is the administrative police sergeant. Commissioner Franck moved and Commissioner Madigan seconded to adopt the resolution reaffirming the Safety Committee and its members as presented. Mayor Johnson asked if we have other committees that implement policies. Marilyn advised the Safety Committee members actually take the policies and do the work on behalf of each of the City Council members to make them work. Page 13 of 22 City Council Meeting 1/17/12 Mayor Johnson stated he didn’t think the committees in the City would actually be implementing. Commissioner Franck stated he is open to different verbiage. Marilyn advised the Council makes the decision and the Committee follows through with the decision. It requires coordination and management of those decisions. They then report back to the Council. Mayor Johnson suggested changing ‘implement’ to ‘assist in implementing”. Commissioner Franck advised he accepts the friendly amendment. Ayes – All Discussion and Vote: Approval of Grant Application (12-17) Commissioner Franck stated in 2011 we received funding from the State Archives to conduct an inventory of the records of the Office of Planning and Economic Development. This proposed project is a continuation of that project focusing entirely on the Building Inspector records including the large amount of maps remaining in Public Safety from when the Building Department was located there. This is a competitive non-matching grant program and the deadline to submit the application is February 1, 2012. Commissioner Franck moved and Commissioner Mathiesen seconded for approval to submit the application and authorization for the mayor to sign all application documents. Ayes - All FINANCE DEPARTMENT Discussion: Finance Planning and Priorities Commissioner Madigan stated she has reviewed the 2012 City budget. She has concerns about the revenues and expenses regarding planning and discipline. The City’s 2012 operating budget total is $37,248,677. The mandatory expenses of the budget include personnel, retirement, health insurance, utilities, gas, oil, and liability insurance for 85% of the total budget. Revenue sources include sales tax, state aid, VLT aid, mortgage tax, and City property taxes; and account for 80% of the City’s funding. The NYS tax cap implemented last year creates a restriction on the City’s ability to establish its own budget. These are the figures we have to work with. She is investigating several initiatives that can be considered now including an online payment of City taxes and an improved City website. She will be reviewing budgets with each department. Budget transfers should not take the place of good budgeting. Excessive budget transferring could have a negative effect on the City’s financial standing. She will report to the Council and the City regularly with budget, revenue and financial updates. Discussion: Contracts – Procedures Commissioner Madigan stated the human resource contract passed on December 20, 2011, did not include a cap on the contract. When contracts are based on hourly rates, the procedure should be to include a cap in the contract or state an up to amount. On a go forward basis, she will be sure they follow that procedure. The appropriation for that contract is $75,000 in the Mayor’s Department budget line human resources A3011434/54720. Mayor Johnson stated there was no cap other than what was set forth in the budget. He confirmed she is looking to change the procedure. We have established hourly rates but it goes beyond one contract. His understanding is that item is limited to what is in the budget. Page 14 of 22 City Council Meeting 1/17/12 Commissioner Madigan stated she received the certificate of funds to sign; therefore she wanted to bring it forward. Mayor Johnson stated he has no problem working with Commissioner Madigan on the issue but clarification is required among the entire Council. Commissioner Franck stated he doesn’t know how funds can be certified for a contract that goes into a second year. That’s why you don’t need a cap for that year. Commissioner Madigan stated this is a procedure she feels leads to best practice and lets the public know how much we are spending on an item. Commissioner Franck stated this is why we re-establish a contract at the end of a year. Mayor Johnson stated sometimes that is overkill as you can retain somebody for a duration of a legal issue without it being limited to a fiscal year. Commissioner Madigan asked if there are any guidelines at the Comptroller’s Office regarding contracts. Commissioner Franck stated our guidelines are stricter than the state’s. Discussion and Vote: City Center Transfer – Contingency (12-18) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the contingency transfers that were made available with the agenda materials. Commissioner Madigan advised the City Center is asking to use $1,000 of its contingency to cover the cost of establishing a budget for credit card fees. This has been approved by the City Center Authority. The current budget amount in contingency is $5,000 and the balance remaining will be $4,000 after this transfer. Commissioner Scirocco confirmed that is for payment for people who have used their credit card. Commissioner Madigan stated this is the first trial effort to use credit cards. Commissioner Franck they are using this money to cover the credit card fees. Ayes - All Discussion and Vote: Standard Workday Resolution (12-19) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the standard workday resolution for Sharon Kellner-Chille, Deputy Commissioner of Accounts. Commissioner Madigan advised the previous workday resolution was prepared and approved by Council on April 19, 2011 but was rejected by the retirement system for various reasons. In order for Sharon’s retirement to be properly calculated, this must be adopted; posted for 30 days, and forwarded to the retirement system by February 28, 2012. Ayes - All Discussion and Vote: Correction of City Council Minutes – CCM12/20/11 Commissioner Madigan stated an error in the City Council minutes of 12/20/11 was brought to her attention after this morning’s agenda meeting. The minutes state the follow: (p. 16) “Commissioner Ivins explained the rate for the inside district is $5.1765; the outside district is $5.1025; debt service fund rate is $.08473; Page 15 of 22 City Council Meeting 1/17/12 and the downtown assessment district is $.5073. These are all per thousand.” Commissioner Madigan advised the correct debt service rate is $.8473 and not $0.08473. The budget was predicated on the correct rate; it was misstated at the table; and the incorrect figure was recorded in the minutes. Commissioner Madigan moved and Commissioner Franck seconded to approve a correction to the 12/20/11 City Council minutes to reflect the correct debt service fund rate of $.8473. Commissioner Franck advised the minutes cannot be changed as that is what Commissioner Ivins said at the table. It can be corrected today in today’s minutes. Addition: Commissioner Madigan moved and Commissioner Mathiesen seconded to add to the agenda the restatement of the debt service fund rate for 2012. (12-20) Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded to restate the correct debt service fund rate as $.8473. (12-21) Ayes - All PUBLIC WORKS DEPARTMENT Discussion and Vote: Change Maple Street to Willow Lane in the City Code Book (12-22) Commissioner Scirocco moved and Commissioner Mathiesen seconded that chapter 201 section 201-1 be amended to change Maple Street to Willow Lane. Ayes - All Discussion and Vote: Reduction in Grade for the Title of Water Treatment Plant Maintenance Supervisor (12-23) Commissioner Scirocco moved and Mayor Johnson seconded to change the grade of the title Water Treatment Plant Maintenance Supervisor in the CSEA City Hall Unit from a grade 14 to a grade 13 for 40 hours per week. Commissioner Scirocco stated they did receive union approval. Ayes - All Announcement: Street Acceptance for Snowplowing Commissioner Scirocco stated the following streets will be accepted for snowplowing only: Signet Circle, Hawkins Place and Erickson Way. These streets are in the Meadow Vista area located off Grand Avenue. PUBLIC SAFETY DEPARTMENT Announcement: Passing of John Kraus Commissioner Mathiesen advised John Kraus passed away on January 8, 2012 after a brief illness. He was a dedicated community servant and a fiscal watchdog. He will be greatly missed. He read the following statement: Page 16 of 22 City Council Meeting 1/17/12 In recognition of the service, advice, and participation that characterized the life of John Kraus, as a citizen of Saratoga Springs. His contribution to the City’s wellbeing and its citizen’s; understanding of the operations of their City government was exemplary. We hereby acknowledge our appreciation of and thanks for his efforts on behalf of all citizens of Saratoga Springs. Commissioner Franck stated when he announced he was running, John was the first person to call him and congratulate him. He stated he appreciates the flower and thoughts from John Kraus. He was always fair. Commissioner Madigan stated she got to know John Kraus through running for office. He was a wealth of knowledge. Commissioner Scirocco stated he was a watchdog for the taxpayer and excellent with the budget. He misses seeing him come to the mic and giving his opinion. Mayor Johnson stated there were a number of times John would come to mic and if he liked what you were doing he would tell you; you had to admire that. All of us recognize how hard it is to be out in our community on a volunteer a basis and the dedication it requires – John had all those attributes and qualities. Supervisor Veitch stated the first time he met John he was campaigning for supervisor. He knocked on John’s door and received a look of scorn and was told ‘don’t you know my dogs are trying to sleep right now”. He left his campaign stuff and left. As he was finishing up his day, a car came around the corner. It was John Kraus because he felt so bad about throwing him off his porch and he had stuff he wanted to tell him. John cared that much. Supervisor Yepsen stated she has known John for a long time. He is one of the few residents who regularly came to County meetings and couldn’t find a lot wrong with the budget. Discussion: Update on Speed on the Entryways to the City of Saratoga Springs Commissioner Mathiesen stated there was an editorial in the Times Union yesterday regarding this. He will be reviewing the accident history on Route 9 and Route 29. He looks forward to meeting with NYSDOT and finding ways to make that area safer. Commissioner Scirocco asked Commissioner Mathiesen to look at the intersection of Gilbert Road and Route 29. Discussion: Southwest Association Neighborhood Meeting Commissioner Mathiesen stated he attended the Southwest Neighborhood Association Watch meeting with Chief Cole and Supervisor Veitch. One of their big concerns is vacant properties. He feels they need to look into an ordinance for registration and possible assessment increase for vacant properties. Announcement: Parking Regulation Changes on Vanderbilt Avenue and State Street Commissioner Mathiesen stated he wanted to make the public aware of some changes in parking made by Commissioner Wirth prior to him leaving. Changes were made on Vanderbilt Avenue – “No Parking” signs on the west side of the street were installed. Mayor Johnson stated his reaction when he saw the signs was overkill. He went to the Planning Board to get some of their concerns. Mr. VanWagner is here to explain the intent of the Planning Board. Mr. VanWagner stated he remembers the meeting very clearly. Their intent was to limit the parking restriction from Lincoln to Worth. They had no intent to take the parking restriction to Crescent Street. Mayor Johnson suggested a public hearing as that is typically the process. Page 17 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen also stated Commissioner Wirth asked for parking to be allowed on the east side of the street only on State Street from Greenfield south. Announcement: Meeting with Bar and Restaurant Owners Commissioner Mathiesen stated he will be meeting with some of the downtown bar and restaurant owners tomorrow to discuss closing times and other issues as a way to tone down some of the problems on Caroline Street. Discussion and Vote: Authorization for Mayor to Sign Maintenance Agreement with Fire Apparatus (12-24) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign a maintenance agreement with Fire Apparatus. Commissioner Madigan stated this contract with be approved for an amount up to $25,000 and the appropriation is in the Fire Department budget line A3143414/54510. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Digital Surveillance Solutions (12-25) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Digital Surveillance Solutions for the maintenance of the cameras in City Hall and the Police Department in the amount of $4,720.00. Commissioner Madigan stated this appropriation in the Accounts Department Risk and Safety budget line A3051414/54573. Ayes - All Discussion and Vote: Authorization for Mayor to Sign contract with Timothy Brooks for Medical Director (12-26) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Dr. Timothy Brooks to serve as Medical Director in the amount of $7,000. Commissioner Madigan stated the appropriation is in the DPS budget line A3244014/54290. Ayes - All Discussion and Vote: Reappointment of Dr. Paul Okosky as Public Health Officer (12-27) Commissioner Mathiesen moved and Commissioner Scirocco seconded the reappointment of Dr. Paul Okosky as Public Health Officer for the City of Saratoga Springs for 2012 in the amount of $10,000. Commissioner Madigan stated this appropriation is in the DPW budget line A3244011/51240. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Resolution to File a Muni-Con (12-28) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a resolution to file a Muni-Con. Page 18 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen read the following resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK CITY OF SARATOGA SPRINGS ESTABLISHMENT OF AMBULANCE SERVICE Mayor Scott T. Johnson Commissioner John Franck Commissioner Michele Madigan Commissioner Anthony Scirocco Commissioner Christian Mathiesen WHEREAS, the City of Saratoga Springs Fire Department currently provides first response Basic Life Support and Advanced Life Support services to the residents of the City of Saratoga Springs, which services has become an integral part of the delivery of emergency medical care; and WHEREAS, there is a sufficient number of Advanced Life Support providers within the City of Saratoga Springs Fire Department; and WHEREAS, the recent decision by the Board of Directors of the current ambulance provider Saratoga Emergency Medical Services (SEMS) has placed the City of Saratoga Springs without an ambulance provider within the City; and WHEREAS, after due consideration by the Commissioner of Public Safety under the Charter of the City of Saratoga Springs, in consultation with the members of the City Council, it is agreed that providing ambulance service could greatly benefit the residents of our City; and WHEREAS, the area to be served will be the physical boundries of the City of Saratoga Springs; and WHEREAS, this resolution will take effect upon the approval of the City Council; and WHEREAS, the Mayor of the City of Saratoga Springs is authorized by the City Council to draft a letter requesting Public Health Law Operating Authority as a certified ambualnce service; WHEREAS, a status report will be provided to the City Council 12 months and 18 months from the start of the ambulance service. THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the certified and qualified members of the City of Saratoga Springs Fire Department to provide amublance service at the paramedic level to the residents and visitors of the City of Saratoga Springs. Mayor Johnson stated he has a concern on basic level as they still haven’t decided they are going to allow the Fire Department to provide EMS service. The language is definite that we are going to allow them to do so. He understands the desire of the department to put things in place so that the certificate of need may be issued should that come to fruition. Maybe they can draft something as resolution that allows the certificate to be issued and used in the event that they need it. Commissioner Mathiesen stated after all the discussion they are requesting the Fire Department take over the ambulance service in the City of Saratoga Springs. Mayor Johnson resolution to put an ambulance in service is different that a resolution for a certificate of need. No vote has been taken unless this is his intent of a vote. Commissioner Mathiesen stated the point of the muni-con is to put the ambulance in service. Mayor Johnson stated his concern is that the City is not left without ambulance service in the event SEMS could no longer provide the service. This is different as it indicates the ambulance will be put into service once the certificate is issued. He hasn’t made his decision yet. Commissioner Mathiesen stated given the information they have on SEMS this is the appropriate time to put the ambulance in service. Mayor Johnson stated there are a lot of unresolved issues that have been raised. For example he wants to see the report he requested. Commissioner Franck stated it was his understanding going into this meeting that there wasn’t going to be a vote on this tonight; however after the workshop he believes the votes are there. He too has some unanswered questions in relation to the back up services. His main concern is that the Council has the ability, and should be in the motion, that at 18 months the Council makes that decision to go further with it. Commissioner Madigan feels strongly that if they determine the program is not financially feasible that they can discontinue the service. That wording is not here. Page 19 of 22 City Council Meeting 1/17/12 Commissioner Mathiesen suggested adding “Therefore be it resolved that the City Council here authorizes the certified and qualified members of the City of Saratoga Springs Fire Department to provide ambulance service at the paramedic level to the residents and visitors of the City of Saratoga Springs for a certain time period and that the City Council would re-evaluate after 18 months.” Commissioner Madigan also suggested some kind of an accounting in 12 months. Commissioner Scirocco confirmed this is a temporary certificate of need. Commissioner Mathiesen stated it is a 2 year. Commissioner Franck stated his concern is the Council have the ability to re-evaluate it. Chief Williams stated the City Council will always have control to determine when they want to stop the service if they want to stop the service. It is a temporary ‘you can operate’ because they assume they are capable of doing it but we would have to go back in 18 months and go through the whole process. Commissioner Mathiesen stated it is the Council’s responsibility to review this as it is a new service in the City. He believes 18 months is a good idea. Commissioner Madigan stated she is looking for an annual report. She would like to receive some numbers as she prepares the budget. Commissioner Scirocco stated the Fire Department needs to talk to the Finance Department on a regular basis. Mayor Johnson stated the annual report is required anyway under the charter. Commissioner Mathiesen stated he would like to have a separate annual report on the ambulance service at least until they decide if is going to be a permanent service of the Fire Department. He suggested a 12 month and 18 month report from the time this service starts. Commissioner Madigan stated she is comfortable with that. Commissioner Mathiesen stated they will include a clause that states the continuation will be based upon reports submitted to the City Council at intervals of 12 and 18 months. Commissioner Madigan asked how long will it take them to be up and running once the muni-con is issued. Chief Williams stated they are ready to take over in a very short period of time. Commissioner Scirocco asked how are they going to bill for the services. Chief Williams stated there are going to have to work on this. There are a number of billing companies they can use; he knows of 2. Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the resolution with the amendment “Therefore be it resolved that the City Council hereby authorizes the certified and quailified members of the City of Saratoga Springs Fire Department to provide ambulance service at the paramedic level to the residents and visitors of the City of Saratoga Springs. The City Council will evaluate the ambulance service at 12 and 18 month intervals before deciding to allow it to continue.” Mayor Johnson stated he cannot support this; it is premature. This is not what they came here for this evening. He can’t believe the rest of this Council is accepting this proposal when there are so many unanswered questions. You can have a certificate of need and not use it. This has all the signs of a quick fix. It has not been discussed at length by this Council at the level it should be. He raised questions this evening during the workshop that prohibit him from supporting this; it is premature. Page 20 of 22 City Council Meeting 1/17/12 Ayes – 4 Nays – 1 (Mayor Johnson) Discussion and Vote: Authorization for the Mayor to Sign a Letter to Department of Health Authorizing SSFD to Provide ALS (Advance Life Support) for Saratoga Springs (12-29) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a letter to the Department of Health allowing the Saratoga Springs Fire Department to provide ALS service for Saratoga Springs. Mayor Johnson stated he will not support this for the same reasons as the prior motion. Ayes – 4 Nays – 1 (Mayor Johnson) SUPERVISORS Joanne Yepsen Report 1/17 County Board Meeting & Deceased Veterans Ceremony Supervisor Yepsen recognized Harold Lewi Stevens who was a resident of Saratoga Springs and died in WWII as a POW/MIA. It was a great turn-out. They also passed several resolutions including an agreement with a consultant for the public private partnership for the Saratoga County Landfill. They talked about the closure of the US Department of Agriculture in Saratoga County; they are opposing that. A big change made today where board member can bring a resolution to the floor post agenda meeting. Follow Up On Career Fair Supervisor Yepsen stated the Saratoga County Board held the Global Foundries job fair on January 12th. There were over 1500 people who attended. There were people that had just graduated from college, vets, underemployed people, etc. Impact of Cuomo’s State of the State, Budget Proposal Supervisor Yepsen reported that the governor put out his proposed budget today. He tried to detail how he is going to pay for all these ideas. She has 4 pages of the budget that deals with local aid that she will share with the Council. The VLT money is in the budget. Saratoga is slated to receive $1.5 million. Matt Veitch County Board Meeting Supervisor Veitch highlighted resolutions passed at today’s Board of Supervisor meeting. They are accepting a grant for $350,000 for the Historic Saratoga Washington County on the Hudson Partnership; they also subdivided a tax parcel on top of Spruce Mountain; they authorized the grant for domestic violence support for $40,780; they entered into an agreement with consultant for preparation of RFP for the Saratoga County Landfill; and they passed a resolution for a grant for records management. Global Foundries Job Fair Supervisor Veitch stated this was already addressed by Supervisor Yepsen. Technology Committee Page 21 of 22 City Council Meeting 1/17/12 Supervisor Veitch pulled this item from his agenda. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation at 11:40 p.m. The City Council returned at 11:46 p.m. Mayor Johnson advised there is one item to report to the public. Commissioner Franck moved and Mayor Johnson seconded to add a an item to the agenda regarding a resolution to authorize the settlement of an Article 7 case commence by Water’s Edge/Woodlands on Saratoga Lake HOA, Inc. (12-30) Ayes – All Commissioner Franck moved and Commissioner Madigan seconded for the City Council to approve the Article 7 case against the City of Saratoga Springs by Water’s Edge/Woodlands on Saratoga Lake HOA, Inc. concerning the properties with tax map #s192.12-2-24 and 192.-1-41.2 with a revised assessment of $0 for each parcel for 2011 and authorize the execution of all settlement documents pursuant to the terms of the resolution and make all appropriate refunds without interest. (12-06) Ayes – All ADJOURNMENT Mayor Johnson moved and Commissioner Scirocco seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 11:46 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 3/6/12 Vote: 5 - 0 Page 22 of 22