City Council

March 20, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:25 P.M. – Amend Section 225-71 Schedule VI – School Speed Limits 6:30 P.M. – Presentation and P.H. – Water and Sewer Rates 6:55 P.M. - 2012 CDBG Funding Recommendations 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION: 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. CONSENT AGENDA 1. Approval of 2/21/12 City Council Minutes 2. Approval of 2/7/12 Workshop Minutes 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 3/9/12 $388,161.30 6. Approve Payroll 3/15/12 $388,156.63 7. Approve Warrant 2012 Mid – 12MWMAR1 $569,818.14 8. Approve Warrant 2012 Regular - 12MAR2 $1,035,440.68 MAYOR’S DEPARTMENT 1. Set Public Hearing: Amend the 2012 Capital Budget for 6 Woodlawn Avenue Parking Garage 2. Announcement: Favorable Advisory Opinion from the Planning Board and Design Review Commission on 6 Woodlawn Avenue Parking Garage 3. Discussion and Vote: Indoor Recreation Center American Red Cross Agreement 4. Discussion and Vote: Accept donation for the Visitor Center: Solomon Northup Day Donation 5. Discussion: City Attorney Legal Opinion on Saratoga Springs Housing Authority ACCOUNTS DEPARTMENT 1. Award of Bid: #2012-2 Apparatus Floor Replacement and Basement Infill Lake Avenue Fire Station 2. Award of Bid: Decorative Street Lights to Wolberg Electrical 3. Award of Bid: Weibel Avenue Ice Rink Dasher Boards Replacement to Becker Arena Products 4. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreements with Purdy’s and Colwell Computers 5. Discussion and Vote: Approve Revised Fireworks Application City Council Meeting 3/20/12 6. Announcement: GAPS Committee Meeting FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign MVP Gold Health Insurance Contracts 2. Discussion and Vote: Budget Transfers – Payroll, Benefits, Insurance 3. Discussion and Vote: Budget Amendments – Insurance 4. Discussion and Vote: 2012 Bond Resolution – Water Treatment Plan Filter Upgrades 5. Discussion and Vote: Web and Social Media Policy 6. Announcement: Web Site Survey 7. Discussion and Vote: In-Rem Property Disposition 8. Discussion and Vote: Obtain Recommendation from Open Space Advisory Committee re: the Use of Open Space Bond Act (City Code Chapter 110) for County Grant Match 9. Discussion: Saratoga Springs Housing Authority 10. Discussion: Update-Public Space Recycling Initiative PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: 2012 Water & Sewer Rates 2. Set Public Hearing: Amend the 2012 Capital Budget – Ballston Avenue Traffic Improvement Project 3. Discussion and Vote: Authorization for the Mayor to Sign an Addendum I Agreement for the Senior Citizen Center 4. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Mahoney Notify-Plus, Inc. Alarms 5. Discussion and Vote: Sick Bank Requests 6. Announcement: Submit the 2011 Department of Public Works Annual Report PUBLIC SAFETY 1. Announcement: Retirement of Mike Hughes 2. Discussion and Vote: Stop Signs on Glenmore Avenue 3. Discussion and Vote: Amend Section 225-71, Schedule VI of the City Code, School Speed Limits 4. Set Public Hearing: Parking Regulations on Vanderbilt Avenue 5. Announcement: Workshop – Night Life in Saratoga Springs – Is it a problem? 6. Set Public Hearing: Amend Chapter 136 of the City Code SUPERVISORS Joanne Yepsen 1. County Board of Supervisors Meeting 2. Global Foundries Presentation 3. County Board of Supervisors’ Community Forums 4. Public Health Committee 5. Saratoga Springs 100th Climate Smart Community Matt Veitch 1. Public Safety Committee 2. Public Health Committee 3. Board of Supervisors’ Community Forum 4. Expanded Casino Gambling in NY State 5. GAPS Committee ADJOURN Page 2 of 16 City Council Meeting 3/20/12 March 20, 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 Amend Section 225-71, Schedule VI School Speed Limits Mayor Johnson opened public comment period at 6:30 p.m. Commissioner Mathiesen stated this is a request to establish a school zone with a speed limit of 15 mph in front of the Waldorf School on Kaydeross Avenue West. No one spoke. Mayor Johnson closed the public hearing at 6:33 p.m. Page 3 of 16 City Council Meeting 3/20/12 Presentation & Public Hearing – Water and Sewer Rates Mayor Johnson opened public comment period at 6:33 p.m. Commissioner Scirocco stated they do a presentation every year. He reviewed the responsibility of the Commissioner of Public Works as it relates to the water system in the City of Saratoga Springs. There are 3 water sources for 28,000+ residents. He also reviewed the various water projects the crews took on over the past year to improve the infrastructure in the City. On average, 4 million gallons of water is pumped through the main water treatment plant on a daily basis. They plan to pay for capital improvements are based upon meter size. Anna Plante of the Water Department explained the proposed water increases. There will be an approximate increase of 3%. Commissioner Scirocco provided some history on the water sales since 2007. This past year saw a slight decrease in sales. Building charges, lot charges, etc. are not included in the amount of water sales. The total expenditures for 2011 were $2,549,740 and the actual water sales were $2,475,989 leaving a shortage of $73,751. Commissioner Scirocco explained there are 28 sewer pumping stations for 26,000+ residents in the City of Saratoga Springs. Sewer charges are based upon water usage. He provided sewer sales history since 2007. The County charge for sewer is 74% of the total sewer budget; total expenditures for 2011 is $3,455,938 and the revenue was $3,584,751; leaving the budget with a surplus of $128,813. Anna Plante showed the sewer rates table and explained the increases proposed. Remijia Foy of 95 Oak Street stated there has been a failure to explain the rates. Will there be an increase across the board? There are a whole series of categories on her water bill; this is not as informative as the taxpayer deserves. She would like to know who the users are that are paying $4.85 versus the home owners. Commissioner Scirocco brought back up the slide that showed the comparisons and further explained how the increases run. Al Callucci of 9 Lexington Road asked if the $10 basic service charge is for a period of time or will it go away. Anna Plante stated that fee was created in 2005 when they were asked to look at their structure by the ‘green’ party. People wanted to pay for what they used; so they created a minimum charge plus a usage charge. Lou Schneider of 5 Vallero Road stated as a resident of Interlaken they are under a different water rate structure. He wants to confirm that the only rate change residents of Interlaken will realize is the increase in sewer. Commissioner Scirocco stated that is correct. Commissioner Mathiesen inquired if most years the sales are close to the expenditures. Commissioner Scirocco stated it depends upon the weather and how much they sell. Commissioner Franck asked if Commissioner Scirocco knew of another area that pays less than Saratoga Springs. Commissioner Scirocco stated he is not aware of any community paying less than us. Page 4 of 16 City Council Meeting 3/20/12 Mayor Johnson closed the public hearing at 7:03 p.m. 2012 CDBG Funding Recommendations Mayor Johnson opened public comment period at 7:03 p.m. Lois Celeste of 36 Friar Tuck Way and Director of the Senior Center thanked the City and the panel for the support. The improvements that have happened over the past year at the center are due to the Community Block Grant. The building usage is almost near capacity and their needs continue to grow. They were turned down for the second year in a row for programming money. Mayor Johnson ended the public hearing at 7:05 p.m. and kept it open. CALL TO ORDER Mayor Johnson called the meeting to order at 7:05 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 7:06 p.m. Rayna Caldwell of 96 Fifth Avenue stated she is here to encourage the Council to accept the matching grant for the Blodgett property. It maintains access to the creek. Pastor Peter Berrios of Jefferson Terrace stated he is brining a concern from the people at Jefferson Terrace and people who live around the Recreation Center. There is a piece of property next to the center that is not being used. It can be used for a parking lot. A lot of the people at the Terrace and on Vanderbilt Avenue are getting frustrated. Pat Kane of 19 Marion Place stated he still hasn’t heard any answers on the status on the Weibel Avenue contract with National Grid and the contract has elapsed; where is the Time Warner contract which is a $425,000 revenue source for the City; and the fire alarm still doesn’t work at the Recreation Center on a regular basis. He commended Commissioner Franck and Supervisor Veitch on the South Broadway meeting. There was a great exchange of information and thoughts; he appreciates the efforts. Commissioner Mathiesen stated according to his information the fire alarms are working at the Recreation Center. Remijia Foy of 95 Oak Street stated she was delighted to hear the positive report on Channel 13 regarding the salary situation at Stonequist. The residents of Stonequist must be happy about the report received from the fumigators that there are no longer any live bed bugs. Delinquency, denial, and delay indicates a lack of due diligence. The board’s lack of due diligence, questionable fiduciary practices, and their competent handling of the bed bug problem does not inspire a vote of confidence. Now is the time for the mayor to act with the support of the Council to take necessary and legal steps to make it clear that the SSHA is accountable to this legislative body. She asked for an explanation of a forensic audit and a performance audit and if the mayor gave any directions to the Comptroller’s Office. Page 5 of 16 City Council Meeting 3/20/12 Mayor Johnson stated he did request a forensic audit. A forensic audit is the collecting of evidence when they suspect there are criminal charges involved versus misconduct. Mayor Johnson closed the public comment period at 7:19 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 2/21/12 City Council Minutes 2. Approval of 2/7/12 Workshop Minutes 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 3/9/12 $388,161.30 6. Approve Payroll 3/15/12 $388,156.63 7. Approve Warrant 2012 Mid – 12MWMAR1 $569,818.14 8. Approve Warrant 2012 Regular - 12MAR2 $1,035,440.68 Ayes – All MAYOR’S DEPARTMENT Set Public Hearing: Amend the 2012 Capital Budget for 6 Woodlawn Avenue Parking Garage Mayor Johnson set a public hearing for April 3, 2012 at 6:55 p.m. Announcement: Favorable Advisory Opinion from the Planning Board and Design Review Commission on 6 Woodlawn Avenue Parking Garage Mayor Johnson announced that the City Planning Board and the Design Review Commission both issued a favorable advisory opinion. The ground breaking for the garage occurred today. Commissioner Madigan stated she has concern with City compliance with its own zoning ordinance; it is good policy. She also asked if we will be paying any attention to pedestrian traffic. Mayor Johnson stated the boards reviewed that when looking at this for their advisory opinion. Discussion and Vote: Indoor Recreation Center American Red Cross Agreement (12-72) Mayor Johnson stated this is an annual agreement for the Recreation Center to be used as an emergency shelter. The City is responsible for the utilities in running the facility during the use of this facility as an emergency center in return for the Red Cross’ services. There is no rent being charged. Mayor Johnson moved and Commissioner Mathiesen seconded to authorize the mayor to enter into the agreement. Ayes - All Discussion and Vote: Accept donation for the Visitor Center: Solomon Northup Day Donation (12-73) Page 6 of 16 City Council Meeting 3/20/12 Mayor Johnson moved and Commissioner Scirocco seconded to accept the donation in the amount of $400 from Judy Fradin. Ayes - All Discussion: City Attorney Legal Opinion on Saratoga Springs Housing Authority Mayor Johnson advised that assistant city attorney Tony Izzo completed his review today. The Council has been provided the report addressing three issues. He thanked Tony for doing this review. Each review of case law lead to another; the process was very involved. Tony broke the review down to 3 issues. The first is does the current absence of outstanding bonds or obligations render the Housing Authority dissolved under the Public Housing Law section 450. Based upon the legal research, Tony found that this does not apply to our housing authority. Mayor Johnson stated the next legal issue is can the City of Saratoga Springs be held liable for the acts of the SSHA. The Housing Authority is not a state agency and separate and distinct from the City. Mayor Johnson stated the third legal issue is what jurisdiction does the City have over the Housing Authority. The Housing Authority and the City are very distinct and separate. Based upon research, there are only certain sections (Sections 30, 32, and 34 ) that give certain oversight; one is the appointment of members to the board. Another is the local legislative body (City Council) has authority over the approval of certain salaries at the Housing Authority. The City Council cannot set or fix salaries. It is not clear what recourse if any anyone has. The last section authorizes the mayor of a city or a town board to remove a member of a housing authority for inefficiency, neglect of duty or misconduct in office. Specific steps must be followed for this to occur. Commissioner Madigan stated there must be some recourse on a go forward basis. She refuses to accept there is nothing they can do. She would like to ask the Council to find something we can do. Mayor Johnson stated he too would like to see what they can do. They would suggest not extending the contract. He made a written recommendation to the Housing Authority Board to renegotiate the contract with the executive director with a different compensation and to cure the defect of not coming to theCouncil for salaries. We have to give them the opportunity to correct it otherwise we don’t have a legal standing. Commissioner Franck stated for anyone to think this was minor administrative oversight by this board is blinking at reality; it is a joke. This board is still basically saying they are going to pay him more. If we have not power, can’t they say they are going to ignore your recommendation. In his opinion, a corrective action would be for the executive director’s salary to go back to $74,000. How can a 105% raise not be considered substantial. The board has made no attempt at corrective action since all of this was brought to their attention in January. The only thing he has heard from these guys over the past month is if the City tells them we have authority over them they are going to sue us. Are we keeping Mr. Brunelle on? Noneof this has been approved for 12 years. Do we do an injunction? He asked the mayor if he made a decision on Mr. Brunelle. Mayor Johnson stated there is no automatic renewal on a board member. He has had many discussions with Mr. Brunelle and made recommendations to him. He is still waiting his decision; he is giving him the option of deciding. Commissioner Franck confirmed if the board gives the executive director 90 days notice, it is notice they are not renewing the last year. Mayor Johnson stated it is notice that they are not renewing the 1 year extension on the front end of the contract. Commissioner Madigan stated there has to be something we can do. Page 7 of 16 City Council Meeting 3/20/12 Mayor Johnson stated he doesn’t like some of the findings either. We don’t have legal standing to do anything. Commissioner Franck asked the Council can ask the Commissioner of Housing and Community Renewal step in before April 1st. Mayor Johnson stated he would be happy to follow up with the Commissioner of Housing and Community Development. ACCOUNTS DEPARTMENT Award of Bid: #2012-2 Apparatus Floor Replacement and Basement Infill Lake Avenue Fire Station (12- 74) Commissioner Franck moved and Commissioner Mathiesen seconded to award the bid for the apparatus floor replacement and basement infill at the Lake Avenue Fire Station for to the following: general construction to Debrino Caulking Association for $303,650; Electrical Construction to Electric Concepts, LLC for $17,500; HVAC construction to Collins Mechanical, LLC for $76,166; and plumbing construction to Collins Mechanical, LLC for $105,312. Ayes - All Award of Bid: Decorative Street Lights to Wolberg Electrical (12-75) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for decorative street lights to Wolberg Electrical for various prices. Commissioner Franck advised they were the lowest acceptable bidder. Ayes - All Award of Bid: Weibel Avenue Ice Rink Dasher Boards Replacement to Becker Arena Products (12-76) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Weibel Avenue Ice Rink dasher boards replacement to Becker Arena Products in the amount of $138,295 including selected bid alternates. Commissioner Franck advised they were the lowest qualified bidder. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreements with Purdy’s and Colwell Computers (12-77) Commissioner Franck moved and Commissioner Mathiesen seconded to authorize the mayor to sign the garage sign agreements with Purdy’s and Colwell Computers for another year. Ayes - All Discussion and Vote: Approve Revised Fireworks Application (12-78) Tony Izzo explained that New York State changed the law 2 years ago to allow individuals to make an application as long as they meet the same qualifications as an organization. What is before the Council tonight is a revised application. Page 8 of 16 City Council Meeting 3/20/12 Marilyn Rivers stated there is community notification written in this application. Anyone within 1,000 feet of where the fireworks will be put off must be notified. The fireworks also have to abide by the noise ordinance of the City of Saratoga Springs. Commissioner Franck moved and Mayor Johnson seconded to approve the fireworks application as described and previously submitted to the Council. Ayes – All Announcement: GAPS Committee Meeting Commissioner Franck advised the next meeting is this Thursday, March 22nd at 7:00 p.m. in the City Council Room. We invited the business and property owners along the South Broadway corridor, the land use chairs, Kate Maynard, Bradley Birge, and Todd Shimkus. The following have responded that they will be in attendance: * Michael Giovanone of Concord Pools * Ted Cupp - former owner of Kimberly Inn * Michael Murphy - Murphy's Gold Range * Frank Parillo - owner of Hampton Inn, High Rock Condos, and future owner of Champion car dealership * Ken Fansiwala - Top Hill Motel * Chad Vaughn - Vaughn Family Vision * Angie Johnson - Marc Dentist, DDS * Benita Collins - owner of property next to old Joe Collins * Cliff VanWagner - chair of the City Planning Board * Steven Rowland - Design Review Committee * Adam McNeil - Zoning of Board of Appeals * Pat Design - homeowner next to Design Motel * Mo Hussain - Best Western * Conrad Swiers – X-tra Mart FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign MVP Gold Health Insurance Contracts (12-79) Commissioner Madigan moved and Mayor Johnson seconded to authorize the mayor to sign both MVP Gold Health Insurance Contracts as distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll, Benefits, Insurance (12-80) Commissioner Madigan announced that to date there has been 161 transfers and amendments; 62 of those transfers were due to corrections. Page 9 of 16 City Council Meeting 3/20/12 Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers - payroll. Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers - benefits. Ayes – All Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfer - insurance. Ayes - All Discussion and Vote: Budget Amendments – Insurance (12-81) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget amendment - insurance. Ayes - All Discussion and Vote: 2012 Bond Resolution – Water Treatment Plan Filter Upgrades (12-82) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 bond resolution for the water treatment plant filter upgrades as previously distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Web and Social Media Policy (12-83) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the web and social media policy as distributed with the agenda. Mayor Johnson mentioned that on a go forward basis that all policies and procedures should also be shared with the city attorney and human resources. Ayes - All Announcement: Web Site Survey Commissioner Madigan stated the website survey has been up for several days. She encouraged all to participate in the survey. Discussion and Vote: In-Rem Property Disposition (12-84) Commissioner Madigan advised the Real Estate Committee has released its recommendations. One property was paid on March 8th and removed from the list. The following properties have been recommended to be retained (City of Saratoga Springs will keep the property): 165.82-1-12.31 Elm Street - Vacant 165.82-1-99 Elm Street - Vacant Page 10 of 16 City Council Meeting 3/20/12 178.25-1-9 Elm Street - Vacant 180.69-1-99 Road - Waterview Dr. - Roadway 190.16-2-33 Hathorn Blvd. - Vacant 190.-2-3.1 Hathorn Blvd. Rear – Vacant The following properties have been recommended as sell (City will first offer the property to adjacent land owners, then put in auction if there is no interest): 153.18-1-13 Jordan Dr. - Vacant 164.-1-55 Grand Ave. Ext. - Vacant 177.20-7-4.1 Tommy Luther Dr. - Vacant 178.44-2-31.2 Doten Ave. – Vacant 179.4-2-46.1 Crescent Ave. - Vacant 180.69-1-15.1 Cassidy Dr. – Vacant 190.8-2.5.2 Tamarack Trail Rear - Vacant 178.52-3-11 Garfield Ave. - Vacant 178.60-1-7 Garfield Ave. - Vacant The following properties have been recommended for auction (City will offer property for sale at public auction): 165.18-3-26 292 W Circular St. - Single Family occupied 165.58-1-24 195 Division St. - Vacant 165.58-3-12 26 Cherry St. - Single Family unoccupied 166.14-5-12 386 Caroline Single Family occupied 166.15-2-18 4 Bemis Heights Rd. Single Family occupied 166.20-1-12 Conver Dr. - Vacant lot 166.-3-4 382 Lake Ave. - Single Family unoccupied 166.46-3-17 146 Middle Ave. - Single Family occupied 190.16-1-77 12 LAMPLIGHTER SINGLE FAMILY-Unoccupied 191.-2-3 JONES AVE - PAPER ST Vacant 191.-2-4 KING SPRING AVE-PAPER ST Vacant 191.-2-5 HAYES SPRING AVE-PAPER ST Vacant 191.8-1-22 PRATT DR Vacant 191.8-1-24 MERRILL AVE Vacant 192.5-1-5 NELSON AVE Vacant Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the Real Estate Committee Recommendations as distributed. This is predicated on a proposal from Brad Birge regarding a possible affordable housing initiative prepared for the April 17th Council meeting. The Council will vote on that initiative at that time, or all houses in the Auction category will go forward to auction. Commissioner Franck asked if there will be costs associated with affordable housing to make sure if the people qualify and continue to qualify. Mayor Johnson stated he expected these properties to be a sale and not a rental. Commissioner Madigan stated she does not want the City to retain these properties. Without the proposal they don’t have all the answers. Commissioner Franck asked what the proposed date of the auction is. Commissioner Madigan stated she is waiting for the April 17th meeting and then she will set the auction date. She is looking at May. Ayes - All Discussion and Vote: Obtain Recommendation from Open Space Advisory Committee re: the Use of Open Space Bond Act (City Code Chapter 110) for County Grant Match (12-85) Page 11 of 16 City Council Meeting 3/20/12 Commissioner Madigan advised that in 2009 a grant opportunity was brought forward by Supervisor Yepsen and includes plans for a boardwalk. Supervisor Yepsen advised the City has been awarded a matching grant in past years by the County. This project has been approved at the County for lands on the Kayderossas Creek. In order to move the application forward, it needs approval by the Council. The amount promised to the City is $30,000 in matching funds. The owner, Randy Blodgett has agreed to sell the property for $40,000 and the appraisal done stated the property is worth $40,000. This would provide access to the Kayderossas Creek. Commissioner Madigan advised originally she believed this would be a good use of the Open Space Bond Fund; which has $1.4 million available. She was also made aware that the Parkland Reserve is another resource; with a balance of $427,000. At this point she asked to revise her agenda to ask for the use of Parkland Reserve Funds instead of the Open Space Bond Fund. Mayor Johnson stated his understanding of the current agenda item is not seeking use of the Open Space Bond proceeds for the purchase either. Commissioner Madigan determined the use of the Parkland Reserve Funds would expedite the process. She believes this fund can be used for this. Mayor Johnson stated he doesn’t disagree the use of reserves might qualify for this use. Commissioner Madigan stated she checked with the city attorney and confirmed the funds can be used for this. Mayor Johnson stated he has doubts because the analysis of this property established the value of this property at $8,000 and the owner was asking $90,000. That is why another appraisal was done and that one came back at $40,000. He doesn’t feel this is an urgent matter that couldn’t wait until the next meeting. He stated an e-mail was received from the Deputy Commissioner of Finance at 4:42 p.m. today stating Commissioner Madigan would try to amend this at the table. Commissioner Madigan advised she is not sure what the mayor’s problem is with this. Mayor Johnson stated this issue went to the Real Estate Committee asking for opinion if the City should buy this parcel and the Committee advised the City should not buy this parcel. The application made to the County stressed the recreation use of the parcel. There is no recreation use of the parcel. The most recent appraisal indicated DEC wetlands cover nearly 100% of the site rendering the parcel usage extremely limited. Supervisor Yepsen stated the County Planning Office is familiar with this and is in favor of this. She can have the director of the County’s Planning Office come to the next City Council meeting. Mayor Johnson stated he did not have the time to research this before the meeting tonight. His best recollection was this is supposed to be for recreational use, which is not possible. Supervisor Yepsen stated in her opinion the Real Estate Committee was the wrong committee as the City does not own the property yet. If we wait past the County’s May committee structure we are at risk of not having this happen. Commissioner Mathiesen asked if this can be tabled to the next meeting. Commissioner Scirocco agreed as he too is confused with what is happening here. He was under the impression the City already owns a piece of property that gives access to the Kayderossas Creek. Commissioner Madigan stated this issue has been tabled to the next City Council meeting with presentation. Page 12 of 16 City Council Meeting 3/20/12 Discussion: Saratoga Springs Housing Authority Commissioner Madigan removed this item from her agenda. Discussion: Update-Public Space Recycling Initiative Commissioner Madigan stated they have contacted several cities regarding public space recycling. She has also spoken with Todd Shimkus, Harvey Fox and Tim Mabee of the Downtown Special Assessment District, Jeff Clark from the DBA, and Commissioner Scirocco. The public is ready, willing, and able to recycle. She is waiting for legal guidance from the city attorney regarding using public right-of-way. Once they have that they will be ready to continue. PUBLIC WORKS DEPARTMENT Discussion and Vote: 2012 Water & Sewer Rates (12-86) Commissioner Scirocco moved and Mayor Johnson seconded to approve the proposed water and sewer rates as presented. Commissioner Scirocco stated the capital improvement fund will appear on the second quarter bill as they are still working out details. Ayes - All Set Public Hearing: Amend the 2012 Capital Budget – Ballston Avenue Traffic Improvement Project Commissioner Scirocco set a public hearing for April 3, 2012 at 6:50 p.m. Discussion and Vote: Authorization for the Mayor to Sign an Addendum I Agreement for the Senior Citizen Center (12-87) Commissioner Scirocco stated this addendum provides relief to community organizations looking to rent the Senior Center. The lease last year included insurance language that was a burden to small community organizations. Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign addendum 1 agreement for the Senior Center. Marilyn Rivers advised this is a help to small organizations of less than 25. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Mahoney Notify-Plus, Inc. Alarms (12-88) Commissioner Scirocco stated this agreement provides for high level alarm radio transmitter inspections for the lease and maintenance monitoring and annual inspection of the ice rink and 23 sewer locations. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with Mahoney Notify-Plus, Inc. for the high level alarm radio transmitter in the amount of $11,400 per year, billed monthly at $950 for the 23 sewer locations; from account G3638124/54331. The monthly rate of $29.50 for the monitoring for the ice rink complex is $354 yearly of which $177 is for the Vernon Rink, account A3567184/54670/3000 and $177 for the Weibel Avenue Rink line A3567194/54670/3000. Page 13 of 16 City Council Meeting 3/20/12 Ayes - All Discussion and Vote: Sick Bank Requests (12-89) Commissioner Scirocco stated this is for 2 employees and it has been approved by the CSEA Union. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize 1 day for the first employee and 41 ½ days for the second employee from the sick bank. Ayes - All Announcement: Submit the 2011 Department of Public Works Annual Report Commissioner Scirocco pulled this item from his agenda. PUBLIC SAFETY DEPARTMENT Announcement: Retirement of Mike Hughes Commissioner Mathiesen announced the retirement of Mike Hughes; the department’s vehicle fleet maintenance manager. He brought a high level of dedication and professionalism to the vehicle maintenance program. Commissioner Mathiesen thanked Mike for his 21 years of service to the City. Discussion and Vote: Stop Signs on Glenmore Avenue (12-90) Commissioner Mathiesen moved and Commissioner Madigan seconded to amend section 225-77 schedule XII stop intersection on Glenmore Avenue at West Circular Street to create a 3-way stop. Ayes - All Discussion and Vote: Amend Section 225-71, Schedule VI of the City Code, School Speed Limits (12-91) Commissioner Mathiesen moved and Commissioner Scirocco seconded to amend section 225-71 schedule VI of the City Code, School Speed Limits to establish a school zone in front of the Waldorf Kindergarten at 45 Kaydeross Avenue West. Ayes - All Set Public Hearing: Parking Regulations on Vanderbilt Avenue Commissioner Mathiesen set a public hearing for April 3, 2012 at 6:45 p.m. Announcement: Workshop – Night Life in Saratoga Springs – Is it a problem? Commissioner Mathiesen advised he will be holding a workshop on night life in Saratoga Springs and if it is a problem. The workshop will be held March 27, 2012 at 5:30 p.m. in the music hall. Set Public Hearing: Amend Chapter 136 of the City Code Commissioner Mathiesen set a public hearing for April 3, 2012 at 6:35 p.m. SUPERVISORS Page 14 of 16 City Council Meeting 3/20/12 Joanne Yepsen County Board of Supervisors Meeting Supervisor Yepsen reported they had a recent auction on various properties for non-paid taxes. They started with 99 parcels on the auction, 32 were removed for payment of taxes, 24 were removed for other reasons, and 43 were sold for a total of $419,000. They also entered into the agreement with Harris, Beach to look at Maplewood Manor’s future. This was recommended by the Public Health Committee. Global Foundries Presentation Supervisor Yepsen reported Global Foundries is inviting all city and town officials on March 28th to a semi- conductor presentation and discussion. County Board of Supervisors’ Community Forums Supervisor Yepsen reported the chair of the board is holding community forum meetings. The first one was held last week and dealt with the unfunded mandates. They recommended that the chair present to the City Council on April 3rd at 6:00 p.m. Saratoga Springs 100th Climate Smart Community Supervisor Yepsen reported this group will be holding its first meeting soon. There will be a press release on Friday. Matt Veitch Public Safety Committee Supervisor Veitch reported they approved the STOP DWI grants in the amount of $337,533 county wide. It is fully funded through the fees collected from DWI arrests in the County. The City should received $34,200 from the County to enforce DWI patrols in the City. Empire Ambulance has signed with Greenfield for service and the County is having concerns with Empire having access to the emergency system. Public Health Committee Supervisor Veitch reported they approved the contract with Harris, Beach to review the Maplewood Manor situation. There has been press about the meetings not being open. Board of Supervisors’ Community Forum Supervisor Veitch stated this was covered by Supervisor Yepsen. All the unfunded mandates add up to $61 million dollars of the County budget. The public did a great job of telling them they need to keep the pressure on the state. Expanded Casino Gambling in NY State Supervisor Veitch reported the state legislature has passed their rule to move this forward. He has 2 concerns; one being they want it to be at 7 locations in the state and the other being if they are located in municipalities with racinos, we need to get the revenue into our community. GAPS Committee Page 15 of 16 City Council Meeting 3/20/12 Supervisor Veitch reported the Committee is meeting again this Thursday. They are inviting the property owners to see what they think should be happening with those properties. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Madigan 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 9:43 p.m. Council returned from session at 10:11 p.m. Commissioner Franck moved and Mayor Johnson seconded to add an item to the agenda regarding the resolution authorizing settlement of an Article 7 real property case commenced by Saratoga Eagle Sales & Service, Inc. Ayes – All Commissioner Franck moved and Commissioner Madigan seconded to adopt the following resolution: WHEREAS, Saratoga Eagle Sales & Service Inc. previously commenced an Article 7 Real Property Assessment Review case against the Assessor for the City of Saratoga Springs, New York and the City of Saratoga Springs, New York Board of Assessment Review for the City of Saratoga Springs, concerning the assessed value of property located at 45 Duplainville Road, Saratoga Springs, New York 12866; and WHEREAS, the Commissioner for Accounts and the City Assessor has recommended a settlement proposal to the City Council and the City Council has reviewed the case with Special Counsel to the City; and WHEREAS, counsel for the Saratoga Springs School District has advised that the proposed settlement terms will be approved by the District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs hereby approves the settlement of the Article 7 case against the City of Saratoga Springs by Saratoga Eagle Sales & Service Inc. concerning the assessed value of property located at 45 Duplainville Road, Saratoga Springs, New York 12866 as follows: 2011 Petition will be discontinued with no refunds and 2012 assessment will be lowered from present assessment of $9,485,000.00 to $7,885,000.00, and Be It Further RESOLVED, that the City Council further authorizes and directs the Mayor, Commissioner of Accounts and/or City Counsel to execute all settlement documents, nunc pro tunc, and take any additional steps necessary to effectuate the settlement pursuant to the terms of this Resolution, and Be It Further RESOLVED, that this Resolution will be effective immediately. Ayes - All ADJOURNMENT Mayor Johnson moved and Commissioner Mathiesen seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:14 p.m. Respectfully submitted, Lisa Ribis Page 16 of 16 City Council Meeting 3/20/12 Clerk Approved: 4/17/12 Vote: 5 - 0 Page 17 of 16