City Council

April 3, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:00 P.M. – Saratoga County Board of Supervisors Public Forum 6:35 P.M. – Amend Chapter 136 of City Code 6:45 P.M. - Parking Regulations on Vanderbilt Avenue 6:50 P.M. – Amend 2012 Capital Budget – Ballston Ave. Improvement Project 6:55 P.M. – Amend 2012 Capital Budget – 6 Woodlawn Ave. Parking Garage 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. City Center Authority Annual Report 2. Blodgett Property on Kaydeross Avenue 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 City Council Minutes for 3/20/12 2. Approval of City Council Minutes for 3/6/12 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 3/30/12 $395,643.55 6. Approve Payroll 3/23/12 $404,825.83 7. Approve Warrant 2012 Mid – 12MWMAR2 $515,148.14 8. Approve Warrant 2012 Regular – 12APR1 $536,774.29 MAYOR’S DEPARTMENT 1. Set Public Hearing: Proposed Purchase of 133 Kaydeross Avenue East – Blodgett Property 2. Set Public Hearing: Adoption of Complete Streets Policy 3. Discussion and Vote: Revise the 2012 Capital Budget/Program – Woodlawn Parking Deck 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with Ryan Biggs Associates,P.C. for 6 Woodlawn Avenue Parking Garage 5. Discussion and Vote: Merit for Review of Zoning Map Amendment at 124 Jefferson Street and Referral to City Planning Board for Advisory Opinion 6. Discussion: Open Meetings Law City Council Meeting 4/3/12 7. Appointment: Saratoga Springs Housing Authority Board 8. Appointment: Zoning Board of Appeals ACCOUNTS DEPARTMENT 1. Discussion: Assessment of City Owned Reservoir on Loughberry Lake 2. Discussion: Redistricting Saratoga Springs 3. Award of Bid: Audio Equipment to Audio-Video Corporation 4. Award of Bid: DPW Garage Fuel Piping and Dispensing System Upgrade to LaValley Brothers Construction, Inc. 5. Award of Bid: Grave Marking Flags to Saratoga Flag 6. Discussion and Vote: Rescind of Bid for Decorative Street Lights 7. Award of Bid: Decorative Street Lights to Thorpe Electric 8. Discussion: GAPS Committee Update FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign CDPHP Health Insurance Contract 2. Discussion and Vote: Budget Transfers – Payroll 3. Discussion and Vote: Budget Amendments – Capital Budget 4. Set Public Hearing: Amend the 2012 Capital Budget/Program – Kayaderossas Blueway Trailhead and Preserve 5. Discussion: Request Update on the Status all City Employment Contracts, including Negotiations, Legal Expenditures and Health Insurance Savings 6. Discussion and Vote: Communication Clerk 7. Discussion: Saratoga Springs Housing Authority 8. Discussion: Requested Information from Mayor’s Department and City Attorney PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Revise the 2012 Capital Budget/Program-Ballston Avenue Traffic Improvement Project 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Greenman-Pedersen, Inc. Ballston Avenue Traffic Improvement Project 3. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Becker Arena Products, Inc. 4. Announcement: Submit the 2011 Department of Public Works Annual Report PUBLIC SAFETY 1. Set Public Hearing: Amend Section 225-69 Schedule IV of the City Code – Speed Limits Outside Tax District 2. Discussion and Vote: Amend Section 225-81 Schedule XVI of the City Code – Parking Prohibited at all Times 3. Discussion and Vote: Amend Chapter 136 of the City Code 4. Authorization for the Mayor to Sign a Contract with Collins Mechanical for Plumbing Work at the Fire Station 5. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Collins Mechanical for HVAC Work at the Fire Station 6. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Electric Concepts for Electric Work at the Fire Station 7. Discussion: Review of the March 27th Workshop – Night Life in Saratoga Springs; Is it a Problem? 8. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Debrino Caulking for the Fire Station Floor Project Page 2 of 22 City Council Meeting 4/3/12 SUPERVISORS Joanne Yepsen Presentation: County Presentation of Open Space Matching Fund Program: 2009 Kayaderossas Project 1. Report from County Committee Meetings 2. Climate Smart Communities Inaugural Meeting 3. Kayaderossas Project Follow Up 4. Beekman Street First Friday Art Walk 5. Meeting with Saratoga Gaming and Raceway 6. Governor’s Small Business Workshops Announced Matt Veitch 1. Trails Committee Update 2. Legislative & Research Committee Update 3. Chairman Woods’ Visit to City Council 4. GAPS Committee ADJOURN Page 3 of 22 City Council Meeting 4/3/12 April 3, 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 Chapter 136 of City Code Mayor Johnson opened public comment period at 6:36 p.m. Commissioner Mathiesen stated this is an amendment to change the City Code to incorporate some standards from the State Liquor Authority (SLA) and the noise ordinance. This is intended to go beyond the SLA regarding staff in bar establishments so that ‘bouncers’ are easily identified as staff at these establishments. Tony Izzo, assistant city attorney, stated he received a request from the Accounts Department for one amendment for consideration tonight. They have requested that section 136-33 (expiration dates for Page 4 of 22 City Council Meeting 4/3/12 permits) be amended to read “…shall expire 1 year following the last day of the month in which it is issued.” Commissioner Madigan asked if these changes bring us more in line with NYS or makes us more restrictive. Commissioner Mathiesen stated everything is consistent with state standards other than us mandating that we be able to identify the staff in case of an altercation. It will allow us to easily identify staff and who is in charge. Mayor Johnson closed the public hearing at 6:45 p.m. Parking Regulations on Vanderbilt Avenue Mayor Johnson opened public comment period at 6:45 p.m. Commissioner Mathiesen stated this is a request to amend chapter 225-81, schedule XVI, of the City Code regarding parking prohibited at all times on Vanderbilt Avenue; east side between Crescent Street and Finlan Street, east side from a point 500 feet north of the intersection with Worth Street to Lincoln Avenue; west side from Lincoln Avenue to a point 480 feet south. No one spoke. Mayor Johnson closed the public hearing at 6:50 p.m. Amend 2012 Capital Budget – Ballston Avenue Improvement Project Mayor Johnson opened public comment period at 6:50 p.m. Commissioner Scirocco this is to amend the 2012 Capital Budget in the amount of $1,357,000. This will be for the Ballston Avenue area from Union Street to Lincoln Avenue. He will be asking for a vote on this under his agenda this evening. Commissioner Franck stated he has a small piece of property in that area; therefore he will recuse himself from the vote at that time. No one spoke. Mayor Johnson closed the public hearing at 6:55 p.m. Amend 2012 Capital Budget – 6 Woodlawn Avenue Parking Garage Mayor Johnson opened public comment period at 6:55 p.m. Mayor Johnson stated the proposal is to allow the City to contract for special inspections. The total contract is $65,000 and the proposed amendment to the Capital Budget is $42,160. Ian Klepetar of 20 Waterbury Street and Riana Stallard of 29 Park Street stated they would like to propose a green space on the top of the parking garage. They have a petition signed by 250 people and provided a sketch of what they imagine. This concept is being done all over the country. Emma Curtis of 62 Greenfield Avenue stated she is also part of the Cool Cities group at Skidmore College. This is a way to deal with helping with the traffic problems as well as being a green community. Page 5 of 22 City Council Meeting 4/3/12 Nora Young stated she is here to support that idea. It is a spark Saratoga needs. Joanne Klepetar of Wilton stated she considers Saratoga Springs her city. She comes in to town about 50% of the time on her bike. When she comes in by car she never has a problem finding parking. During one of her visits to the Farmer’s Market, she witnessed the mayor signing a promise called Cool Cities in which he promised to work hard to reduce carbon omissions in this City. You should have thought of creative ways to find parking. Mayor Johnson closed the public hearing at 7:05 p.m. 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. Jeff Clark of 480 Broadway and the DBA stated a member of the City Council was heard on a regional radio station talking about the danger on Caroline Street. He would like the Council to recognize public safety for their achievements; put a stop to negative publicity; and The problem of over serving is going to be handled by the bar owners. He would also like the Council to stop their negative publicity. Todd Garafano, president of Saratoga Convention and Tourism Bureau. They have seen an increase in the number of conventions coming here and state they like to come here because the City is safe and walkable. We will lose business due the negative publicity. He urged the Council to keep the message positive. Todd Shimkus of 139 Jefferson Street and president of the Chamber of Commerce stated they have had a great partnership with the County. He provided the Council with a handout. They ask people why they are coming here and are told it is safe, fun, clean, etc. We want more people to come here; we need to be positive and upbeat. Holly Schwartz Lawton of 209 Nelson Avenue stated she is here to speak regarding the Blodgett property on Kaydeross Avenue. She served on the original committee that put the vote ‘yes’ referendum on the ballet for the Environmental Bond Act. It was strongly voted for in favor. This process for this project has been going on for 3 years. This action will start a new beginning for citizens of Saratoga Springs to have local access to the Kayaderossas and Saratoga Lake. Barbara Glazer of 110 Spring Street stated they established the Open Space Project 30 years ago. In 1994, the plan was adopted unanimously. It is time to expend those monies for this purpose. For many years the Blodgett’s have allowed people to use that property to access the creek. She feels it is a fair appraisal and the County has accepted the appraisal. Charlie Morrison of 88 Court Street stated he is speaking on behalf of the City’s Open Space Committee. They are in support of the purchase of this property. There is $30,000 in County money waiting for us. The money could come out of the bond act but due to the amount being so small; it could come out of the Recreation Parkland account. If we don’t get this land, we are losing tremendous opportunity. The mayor has already signed off on the application. The Open Space Committee is a permanent committee Page 6 of 22 City Council Meeting 4/3/12 established by Local Law #5. They haven’t met for a couple years because the report they turned in with recommendations didn’t seem to be going anywhere. There are 7 members with 2 vacancies and are ready to do something. He also requested some recognition on the City’s website so people will know they exist. Mark Lawton of 209 Nelson Avenue quoted Aldo Leopold by saying “When we see land as a community to which we belong we may begin to use it with love and respect. There is no other way for land to survive the impact of mechanized man nor for us to reap the aesthetic harvest that it is capable of providing.” He requested this land be allowed to contribute to our children and grandchildren. First it must be put in trust for the people. John Battenfield of Ballston Spa is president of the Friends of the Kaydeross. He is here to urge the City Council to purchase the property. They will partner with the City to help with the clean, access, etc. to the creek. Tom Denny of 205 East Avenue stated he is here to applaud the Council on their recent action on the Climate Smart Community adoption and other green initiatives. He urged the Council to purchase the Blodgett property for all the reasons stated so far. As a member of Sustainable Saratoga, they too are in favor of ‘greening up’ the parking garage. Bill McTygue of 15 York Street stated over the past couple of months, he has noticed parking for big events at the City Center are spilling over to High Rock Park. It is not a parking lot and should be blocked off. Patrick Kane of 19 Marion Place commended Commissioner Franck and Supervisor Veitch for their progress on the GAPS meetings. He also commended the mayor on starting work on the Waterfront Park. He also stated he asked several times regarding the status of the National Grid site on Weibel Avenue. To date there is $512,000 in the capital budget doing nothing. That money can be pulled into general service for the City. The National Grid contract is a $452,000 revenue stream for the City but expired about 10 years ago. Also, they have been talking about using the City Center again for voting. Voter turn out will be affected by not moving it back. Remijia Foy of 95 Oak Street stated there are 2 items on the agenda regarding the SSHA. One item falls under the mayor’s agenda and the other is under Commissioner Madigan’s agenda. The executive director of Stonequist was fearful of expending too much money. Now in the last phase; during the past week the SSHA indulged itself in a secret meeting according to the press. Many people have come before the Council to ask for a replacement. She hopes the mayor’s appointment tonight is not a re-appointment. It is time for this Council to assert itself to what it is legally entitled to do. Mary Zlotnick of 6 Laura Lane stated NYS is ranked 4th in the nation for senior fatalities. Poor road design is the biggest issue for safe streets for pedestrians. Therefore she commended the Council for bringing Complete Streets forward. Mayor Johnson closed the public comment period at 7:42 p.m. PRESENTATIONS City Center Authority Annual Report Mark Baker, president of the City Center Authority presented the annual report. He stated 2011 was an outstanding year. The construction project wasn’t on time but was considerably under budget. This was accomplished with the support of the City Council and the support of their departments. All of this was done while the City Center remained open. In 2011, they increased the number of events they hosted by 33%; the building was in event use for 206 days. They had 88 return events in 2011; with some people (groups) coming to Saratoga for 28 years. They hosted over 48 new events. They grew their convention model from 49 events to 58. The economic impact from the activities resulted in $20.5 million in sales and Page 7 of 22 City Council Meeting 4/3/12 $1.4 million in sales tax revenue. They are now booking as far out as 2016. They had a $1.4 million operating budget. Their catering revenues grew by 54.3% and overall earned revenue grew by 15.2%. March rentals only for 2011 was $49,375 and March rentals only for 2012 is $84,595. Mayor Johnson thanked Mark Baker and the City Center Authority for all they do. Blodgett Property on Kaydeross Avenue Mayor Johnson stated this parcel is known as the Blodgett Parcel; however the actual address is 133 Kaydeross Avenue East. He outlined for the public where this project has been and what has taken it some time to get to this point. Even thought it is a nominal amount of money, it is still taxpayer money. Mayor Johnson presented a map which depicted the Waterfront Park property, the Driscoll property, the Ramsdill property purchased in 2001, and the current parcel of discussion – the Blodgett parcel. This parcel would be the easiest access to the Kayaderossas Creek than the Ramsdill property. The Blodgett parcel is approximately 5 acres. The County Planner has identified the shortest access of the route to the creek which is approximately 230 feet. The land is nearly 100% wetlands and not buildable for commercial development. The City is looking at the value for City owned access to the Kayaderossas Creek. There is also a flat area that could possibly be used for parking. To go from the parking area to the creek is a longer route; approximately 500 feet. Mayor Johnson provided a timeline regarding this property and a history of the appraisals of the parcel. The first appraisal was done in February 2010 with at value of $8,800; the second appraisal was obtained by the owner and was returned at $95,000 in August 2010; the third and final appraisal was done July 2011 which was valued at $40,000. The 2009 grant application stated a value of $11,500 per acre for a total of $57,500. The Real Estate Committee unanimously recommended not purchasing the property August 8, 2011 for various reasons. They questioned the validity of the appraisal; not usable space due to 100% wetlands; cost of improvements; other existing access points (i.e. Ramsdill property) and the prevailing DEC and Army Corp. regulations. There are a few scenarios for this property: buy the property and don’t improve it; use the existing path; and construct a parking lot and build an extended boardwalk to the creek at its widest point. The cost to build a boardwalk is unknown. Estimates range from $57,500 - $175,000 for a 6 foot wide walkway; $11,500 - $30,000 for simple framework of the same width using volunteer groups; or use existing pathway and putting down mulch and chips. The next steps that need to be done to purchase is to amend the capital budget; do a SEQRA analysis; survey, title search, title insurance; deed; DEC permit. This parcel would also need to be subdivided. The Ramsdill property was purchased in 2001 with $140,000 of NYS grant money and $51,000 of City taxpayer money. This property is not currently used by the City residents. Most of this property is wetlands and undevelopable. The property was purchased for recreational use. Supervisor Yepsen stated they had a meeting on the property last week and had many people walk the property. On a County level this is extremely important as this is a connectivity piece. This fits the County infrastructure plan and the state open space plan. DEC told her they would come and flag the wetlands; which will save a lot of money. The County is ready and willing to match these funds. She can’t in good faith allow this to go any further than this budget cycle. The City needs to move forward and we owe it to the land owner to make a decision. Jason Kempler, director of planning for Saratoga County stated the County Board of Supervisors looked at this as an option to help municipalities and farmers by having County money be used as a local match when they applied for state farmland protection grants. During the first application process the demand was more than the amount they had set aside. This project came in front of the County Board of Supervisors; the County funds up to 50% of an open space project. Page 8 of 22 City Council Meeting 4/3/12 Mayor Johnson stated he has also spoken with the County officials (treasurer and chairman of board of supervisors) as he was concerned that money was in jeopardy. He was assured that we could do our due diligence. Supervisor Yepsen stated it is the Board of Supervisors that vote on this, not the treasurer. People are questioning what we are doing. Mayor Johnson stated he will not argue with her. He doesn’t want the public to be concerned that is money is at risk. We can move forward and not endanger the money. CONSENT AGENDA Mayor Johnson moved and Commissioner Mathiesen seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes for 3/20/12 -pulled 2. Approval of City Council Minutes for 3/6/12 - pulled 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 3/30/12 $395,643.55 6. Approve Payroll 3/23/12 $404,825.83 7. Approve Warrant 2012 Mid – 12MWMAR2 $515,148.14 8. Approve Warrant 2012 Regular – 12APR1 $536,774.29 Commissioner Madigan stated she had a couple corrections to the minutes of 3/20/12 and 3/6/12, which she addressed directly with the clerk and are now corrected. We can wait and approve the minutes at the next meeting. Mayor Johnson suggested and the Council agreed to post the revised 3/20/12 and 3/6/12 minutes as draft on the web and they will vote on these at the next Council meeting. Ayes – All MAYOR’S DEPARTMENT Set Public Hearing: Proposed Purchase of 133 Kaydeross Avenue East – Blodgett Property Mayor Johnson set a public hearing for April 17th at 6:35 p.m. Set Public Hearing: Adoption of Complete Streets Policy Mayor Johnson set a public hearing for April 17th at 6:30 p.m. There will be a presentation at 6:15 p.m. prior to the public hearing. Discussion and Vote: Revise the 2012 Capital Budget/Program – Woodlawn Parking Deck (12-93) Mayor Johnson moved and Commissioner Scirocco seconded to amendment to the Capital Budget in the amount of $42,160 for project line H3416952 / 52000 / 1181. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Page 9 of 22 City Council Meeting 4/3/12 Mayor Johnson - Aye Discussion and Vote: Authorization for Mayor to Sign Agreement with Ryan Biggs Associates, P.C. for 6 Woodlawn Avenue Parking Garage (12-94) Mayor Johnson advised this is for special inspections services in the amount of $65,000. It has been authorized in the capital budget and funds have been certified. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign the agreement. Ayes - All Discussion and Vote: Merit for Review of Zoning Map Amendment at 124 Jefferson Street and Referral to City Planning Board for Advisory Opinion (12-95) Charles Toohey stated they built 6 townhouses on Jefferson Street which have been on the market for 542 days. The townhouses are for people who are over the age of 60. They have people who want to buy them but those people are under the age of 60. The approval for this parcel was granted before he came on the scene. They would give $20,000 per home back to the City for community use. Elizabeth Todd stated she is with Roohan Realty now and was previously with Hunt Realty. She has been marketing these properties since she was with Hunt Realty. They have had a struggle trying to sell to seniors. The bedrooms are on the second floor which is an issue for seniors. Tom Roohan of 55 Warren Street stated they are getting the same feedback now as Elizabeth did when she was with another firm. He hopes the Council will see there is merit to send this to the Planning Board for a zoning change. Kate Maynard stated the project is in a UR-2 district; single family district. This parcel is approximately ½ an acre. Looking at a senior housing incentive that is available; it provided for seniors of 60 years old or older. There is low to moderate income threshold that is to be provided. Now they are requesting a zoning map amendment to change from a UR-2 to a UR-4A. This would lift the restriction to sell to seniors only. Items to consider include the surrounding area which currently consists of UR-2 and UR-4. There is no UR-4A in direct consideration. It is inconsistent with the comprehensive plan. There is a loss of public benefit which is senior housing. There is also a potential impact on future projects. This should not be seen as buying additional density. Mayor Johnson asked if there is any precedence in this type of request by City Council or the Planning Board. Kate advised not to her knowledge. Mayor Johnson asked where else in the City is there a UR-4A district. Brad Birge advised the UR-4A is a recent addition to zoning; meant to modify the UR-4 zone. He advised the Henry Street/High Rock Avenue area is UR-4A. Mayor Johnson advised there has been a change in the Planning Board since the original approval in 2005. Commissioner Madigan asked if the market value changes because you would not be selling to seniors. Commissioner Mathiesen asked if they have received any feedback from seniors as to why they are not interested in these townhouses. Page 10 of 22 City Council Meeting 4/3/12 Elizabeth Todd advised the people are stating because the bedrooms are on the second floor and thinking of the future, and the neighborhood. Commissioner Madigan asked if there was a definition for senior housing that may have changed. She questioned if these homes are supposed to be for seniors, why would the bedrooms be on the second floor. Charles Toohey stated he does not understand the original approval; he just built them in good faith. Mayor Johnson moved and Commissioner Scirocco seconded to refer this to the City Planning Board for an advisory opinion. Ayes – 3 Nays – 2 (Commissioner Madigan and Commissioner Franck) Discussion: Open Meetings Law Mayor Johnson asked Tony Izzo to speak to the open meetings law. This started coming to light with the Saratoga Springs Housing Authority and the offsite meeting relating to the Blodgett property. Tony Izzo stated he wrote 2 memos for the Council this year regarding this. Sometimes meetings are called everything except meetings – i.e. workshop, discussion, exploratory. The Open Meetings Law reminds us that if there are 2 things; a quorum of the public body and business is done collective as a public body; it is a meeting. That means public notice requirements have to be met and it is open to the public. Commissioner Franck asked if we have to advertise the pre-agenda meeting as it is clearly a meeting because they are doing City business and normally have a quorum. He also stated he feels the actual City Council meeting must be called to order before a public hearing because they are all there and are hearing information to base their decision on for a vote later on. Mayor Johnson stated the focus is – is the public aware the meeting is going to happen. Commissioner Franck asked if minutes should then be taken at the pre-agenda meeting. Tony Izzo stated the key question is - are they doing business collectively. It is a factual distinction. Commissioner Franck confirmed if it is a meeting than minutes are to be taken. Tony Izzo confirmed that was correct. Commissioner Madigan stated the day they met at the swamp, three commissioners showed up and one left. Mayor Johnson stated the purpose of the Open Meetings Law is to let the public know a meeting is going to happen. Commissioner Mathiesen stated in regards to the site visit, notice was provided to the press and it was placed on the board in City Hall. He believes site visits are important. Tony Izzo stated there is responsibility to realize when discussion begins. Mayor Johnson stated the law requires certain advance notice when you know there is going to be a meeting. Page 11 of 22 City Council Meeting 4/3/12 Commissioner Mathiesen stated his understanding from Tony is an effort has to be made to make the meeting known to the public. Tony Izzo advised there are time requirements for notification. Commissioner Franck suggested they bring in Mr. Freeman. Appointment: Saratoga Springs Housing Authority Board Mayor Johnson stated the term of current chair, Dennis Brunelle, is up as April 1st. He is not being reappointed based upon mutual agreement. The replacement of Mr. Brunelle to the board will be Ken Ivins, who has been appointed for a 5 year term. Mayor Johnson thanked Mr. Brunelle for his service. Appointment: Zoning Board of Appeals Mayor Johnson stated he has appointed Shirley Poppel to the Zoning Board or appeals. She is filling the unexpired term of Carol McGuire. Ms. Poppel has been very active in the community and volunteering. He thanked Ms. Poppel for agreeing to take on this appointment, which will run through December 31. 2013. Mayor Johnson thanked Carol McGuire for her prior service. Commissioner Mathiesen asked if the ZBA Board is full. Mayor Johnson stated there is one more position he plans to fill. ACCOUNTS DEPARTMENT Commissioner Franck moved and Mayor Johnson seconded to add an item to the Accounts agenda to award a bid for 6 Woodlawn Avenue Parking Deck Construction Phase Special Inspection and Testing Services to Ryan Biggs. Ayes – All Commissioner Franck moved and Commissioner Madigan seconded to award the bid for 6 Woodlawn Avenue Parking Deck construction Phase Special Inspection and Testing Services to Ryan Biggs in the amount of $65,000 contingent upon approval of item #3 on the Finance agenda. The funding for this is in account H3416952 / 52000 / 1181 and funds have been certified. Ayes -All Discussion: Assessment of City Owned Reservoir on Loughberry Lake Commissioner Franck stated the City owns some property in Wilton around Loughberry Lake. Commissioner Scirocco received 5 notices regarding properties the City owns around Loughberry Lake in the Town of Wilton. There were two parcels that had minimal change and there were 3 parcels (153.-2-20, 153-2-21, and 153-2-1) that had large increases. Most of this land in under the lake or watershed. Maxwell Appraisal Service did the re-appraisal for the Town of Wilton. He will be meeting with the Wilton assessor on April 12th at 2:15 p.m. at Town Hall in Wilton to discuss the reduction of the assessment. We will never be able to build on these parcels or do anything with these parcels. He hopes to get reductions Page 12 of 22 City Council Meeting 4/3/12 from Maxwell Appraisal Service, if not the next step is to go to grievance day, and if that doesn’t work then we have to file an article 7. Discussion: Redistricting Saratoga Springs Commissioner Franck advised every 10 years we have a census which caused redistricting of the City. As the City Clerk, the County has been contacting him. The County has drawn the lines and stated they should have new maps to us by the end of the week. This has to be done by law as they have to keep the districts about the same size. Award of Bid: Audio Equipment to Audio-Video Corporation (12-92) Commissioner Franck moved and Commissioner Madigan seconded to award the bid for Audio Equipment to Audio-Video Corporation in the amount of $14,400. Commissioner Franck advised this company provided the best value. This is a capital budget item and the funds are in account H3051622 / 52000 / 1192 and have been certified. Ayes – All Award of Bid: DPW Garage Fuel Piping and Dispensing System Upgrade to LaValley Brothers Construction, Inc. (12-96) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the DPW Garage Fuel Piping and Dispensing System Upgrade to LaValley Brothers Construction, Inc. including item numbers 1, 2, and 3 for a total bid amount of $194,837.00. Commissioner Franck stated the funds are in account H3031652 / 52000 / 1134. Ayes - All Award of Bid: Grave Marking Flags to Saratoga Flag (12-97) Commissioner Franck moved and Mayor Johnson seconded to award the bid for Grave Marking Flags to Saratoga Flag in the amount of $1,360.00. The funds are in account A3517554 / 54720. Ayes – All Discussion and Vote: Rescind of Bid for Decorative Street Lights (12-98) Commissioner Franck advised due to a clerical error, two bids were misplaced for the opening of the Decorative Street Light bid held on March 15th. These bids have been subsequently publically opened. Commissioner Franck moved and Commissioner Madigan seconded to rescind the bid for Decorative Street Lights that was awarded at the March 20th City Council meeting to Wolberg Electric. Ayes - All Award of Bid: Decorative Street Lights to Thorpe Electric (12-99) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Decorative Street Lights to Thorpe Electric for various prices. Page 13 of 22 City Council Meeting 4/3/12 Commissioner Franck advised the funding is in line A3335184 / 54750. Ayes – All Discussion: GAPS Committee Update Commissioner Franck advised since our last City Council meeting, we have had 2 additional GAPS meetings. One meeting on March 22nd included the land and business owners of South Broadway. The meeting held last night included Commissioner Mathiesen, Deputy Commissioner Finneran, Deputy Commissioner Cogan, and Tim Wales. We addressed safety issues on South Broadway including speed limits, round-abouts, and sewer issues. The City Council broke for a recess at 9:53 p.m. The City Council returned at 10:05 p.m. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign CDPHP Health Insurance Contract (12-100) Commissioner Madigan moved and Mayor Johnson seconded to authorize the mayor to sign the CDPHP Health Insurance contract as distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Payroll (12-101) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers – payroll as previously distributed. Ayes - All Discussion and Vote: Budget Amendments – Capital Budget (12-102) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget amendments; capital Woodlawn, previously distributed with the agenda. Commissioner Madigan stated the budget amendments have met the guidelines. This amendment increases the project for the Woodlawn Parking Deck by $42,160 to cover the cost of the special inspection inspector. Roll Call: Commissioner Franck - Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget amendment; capital Woodlawn, previously distributed with the agenda. Commissioner Madigan stated the budget amendments have met the guidelines. This capital fund amendment increases the Ballston Avenue by $1,357,000; 80% is federal funding, 15% is state, and %5 falls to the City. Page 14 of 22 City Council Meeting 4/3/12 Commissioner Franck recused himself from the vote and left the meeting. Roll Call: Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Set Public Hearing: Amend the 2012 Capital Budget/Program – Kaydeross Blueway Trailhead and Preserve Commissioner Madigan stated she would like to set a public hearing to amend the capital budget for the Kayaderosseras Blueway Trailhead. Mayor Johnson asked how much is the capital budget being amended for. Commissioner Madigan advised there are a few different options. She is suggesting they use the Parkland Reserve funds; there is about $426,000 in that line. Mayor Johnson stated his concern is they don’t know the total cost of the project to amend the capital budget. Commissioner Madigan suggested amending it for $30,000 for the acquisition of the land only. Mayor Johnson asked that we know for sure will not be spending more than $30,000. He suggested getting the actual costs before amending the capital budget. Commissioner Madigan stated she can get the exact figure. Commissioner Franck stated we need the information for advertising by Thursday. Commissioner Madigan set a public hearing for April 17th at 6:05 p.m. Discussion: Request Update on the Status all City Employment Contracts, including Negotiations, Legal Expenditures and Health Insurance Savings Commissioner Madigan thanked the mayor for his response to her memo. The CSEA DPW and City Hall contracts expired in 2008. DPW has a contract which has not been circulated to the Council and the City Hall status is unclear. The MOUs expire at the end of this year. The PBA contract expired in 2008 and they are working with a hand written MOU which is hard to read. The MOU also expires at the end of this year. The police lieutenants’ contract expired in 2008 but the Council has not been brought up to date with the current offer nor have cost outs been revealed. The police administration unit or the chief’s contracts have not been revealed to the Council; the fire administration contract expired in 2008 and no negotiations to date; and the fire administration unit expired in 2010 and also have not been revealed to the Council. She also would like to know how much the City has spent in legal fees and the amount of health insurance cost savings. Mayor Johnson stated in regards to the contracts MOUs are legally binding and don’t need to be reduced to a ‘contract’. It is legally enforceable by both sides. The portion of the PBA contract that has not changed is due to refusal by that unit. The other CSEA MOUs (DPW and City Hall Unit) have been reduced to a type written MOU when they were trying to convert the City to one health care provider. He obtained the figures from finance when he was negotiating these contracts; therefore Commissioner Madigan can also get that information from her own department. There are no dollar and cents but topics are being discussed for the Fire Contract. The health care conversion has saved the City money and saves the City money every year. We are easily paying $500,000 less per year. Page 15 of 22 City Council Meeting 4/3/12 Commissioner Franck stated the problem he had with the PBA, and did not vote for it is because it was a hand written note. You have to pull the finance people before you get to the MOU stage. Both departments are going to have to work together earlier rather than later. If he is going to vote on any union contracts he wants to know what the numbers are dead on. Mayor Johnson stated he was in direct contact with Commissioner Ivins through the entire process and checking numbers regarding what this would cost the City. Commissioner Mathiesen asked if we receive itemized bills from the attorneys. Mayor Johnson advised we do. Discussion and Vote: Communication Clerk Commissioner Madigan stated she would like to change this from discussion and vote to discussion only at this time. She believes this position falls short of an essential City function and that is why she is bringing this forward. The current salary for this position is $28,000, but with benefits, etc. the position is worth $40,000. Commissioner Franck stated his view is this was in the budget. He suggested they look at the past resolution regarding ‘hiring freezes’. Mayor Johnson stated this position went through several layers of review including the Safety Committee. Deputy Mayor Sutton was on these committees that lead to this position being created and is tied to homeland security issues. This position when filled will eliminate another position we have. Deputy Mayor Shauna Sutton stated this position is an essential service for this City. They have fought for the last 4 years to work in a more for efficient manner. This position was developed by the Safety Committee which is chaired by the risk and safety director, Marilyn Rivers. They put together a mailroom including the communications clerk position. This position will take on the responsibility for the operation, programming, light maintenance, etc. within City Hall. This person will be responsible for the phone systems in City Hall, the Police Department, Water Treatment Plant, City garages, Fire Department, Visitor Center, etc. Currently these duties are covered by an appointed position that may not be here in future years to come. They have to pay Carousel for the training of this system. This person will be a central person to help people. This position is a 40 hour work week position and approved by Civil Service. The test was ordered and 17 people took that test. They are waiting for the test results to come back. The current person is trained to answer and transfer calls. She does not meet the minimum qualification for this position. Civil Service will not extend the temporary position currently held. Commissioner Scirocco asked if this is coming out of the budget. Commissioner Madigan advised it is in the budget. Mayor Johnson stated the plan is for them to move forward. Discussion: Saratoga Springs Housing Authority Commissioner Madigan stated she made a request of the mayor for a copy of the letter he sent to the SSHA and has received it. She thanked the mayor for that information and asked that he continue to copy the Council on items such as this. She also advised that she respects the opinion received by the City’s legal department and respects the fact that attorneys do not always agree. The mayor’s legal opinion is there is not much the City can do. She will be calling a meeting with Commissioner Franck and our government representatives to get a definitive answer regarding the City’s oversight of these boards. Page 16 of 22 City Council Meeting 4/3/12 Commissioner Franck stated he thinks we should hire outside counsel. In the Binghamton case they were able to throw the executive directors’ contract out. Mr. Spychalski’s actual contract states he falls under the Ethics Board of the City. Our Ethics Board is very clear about contracts and what constitutes a relative; a brother is definitely a relative. He stated he is going to FOIL their procurement policy and all the invoices for November 2006 to current for J&M Auto of Watervliet for work done on SSHA vehicles. Commissioner Madigan stated she is concerned that the executive director’s contract does refer to our City Code of Conduct/Ethics. They violated the open meetings law on Monday. One of the things she is hearing is Mr. Spychalski’s contract was discussed in a closed door meeting. Commissioner Franck stated the meeting is a good idea. We need to look at every level of this. This is a human rights issue and taxpayers rights. He is not going to give up until we get answers. They can come up with a correction action plan, but it has to be voted on by the Council. Tony Izzo stated one thing about the Lacawana Case is the appellate court made a critical distinction between unintentional failures and intentional failures. Commissioner Mathiesen asked if we have heard if the 5 year contract period is normal. Commissioner Franck stated he heard from Dennis Brunelle from his conferences that they do this when they find someone they don’t want to lose. Discussion: Requested Information from Mayor’s Department and City Attorney Commissioner Madigan removed this item from her agenda. PUBLIC WORKS DEPARTMENT Discussion and Vote: Revise the 2012 Capital Budget/Program-Ballston Avenue Traffic Improvement Project (12-103) Commissioner Scirocco stated approval was given at the September 6, 2011 City Council meeting to Greenman-Pedersen, Inc for a study to determine improving safety additional traffic capacity and improving pedestrian mobility of Ballston Avenue from Union Street to Hamilton Street in the amount of $56,000. At the February City Council meeting, additional funds were granted to include Ballston Avenue with Lincoln Avenue. Commissioner Scirocco moved and Mayor Johnson seconded the approval to revise the capital budget in the amount of $1,357,000. Commissioner Franck recused himself from the vote and left the room. Roll Call: Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Greenman-Pedersen, Inc. Ballston Avenue Traffic Improvement Project (12-104) Commissioner Scirocco stated this is for the additional design of the intersection of Ballston Avenue from Union Street to Lincoln Avenue. Page 17 of 22 City Council Meeting 4/3/12 Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with Greeman-Pedersen, Inc. in the amount of $28,024. Commissioner Scirocco stated funding is in the capital budget line H3133312/52121/75660. Tim Wales stated this project was on the DOT improvement plan since 2007. They spoke with DOT to get the project and save the money. This is 95% grant funded. The additional $28,000 is for surveying the additional area and the engineering work. Commissioner Franck recused himself from this vote as he owns property in that area. Ayes- All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Becker Arena Products, Inc. (12-105) Commissioner Scirocco stated this contract is for the construction and installation of one complete set of dasher boards at the Weible Avenue Ice Rink. Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign an agreement with Becker Arena Products in the amount of $138,295. Commissioner Scirocco stated the funding is in the capital budget line H3567182 / 52000 / 1193. Ayes – All Announcement: Submit the 2011 Department of Public Works Annual Report Commissioner Scirocco announced the 2011 Department of Public Works Annual Report has been completed and distributed to the Council. PUBLIC SAFETY DEPARTMENT Set Public Hearing: Amend Section 225-69 Schedule IV of the City Code – Speed Limits Outside Tax District Commissioner Mathiesen set a public hearing on April 17th at 6:10 p.m. Discussion and Vote: Amend Section 225-81 Schedule XVI of the City Code – Parking Prohibited at all Times (12-106) Commissioner Mathiesen and Commissioner Madigan seconded to amend section 225-81 schedule XVI regarding parking at all times on Vanderbilt Avenue, east side between Crescent and Fenlon Street; Vanderbilt Avenue east side from a point 500 north of the intersection with Worth Street to Lincoln Avenue; and Vanderbilt Avenue west side from Lincoln Avenue to a point 1480 feet south. Ayes - All Discussion and Vote: Amend Chapter 136 of the City Code (12-107) Mayor Johnson recused himself as he has ownership in 2 downtown establishments. Commissioner Mathiesen moved and Commissioner Franck seconded to amend chapter 136 of the City Code entitled Lodging, Eating, and Drinking Establishments. The purpose of the amendment Page 18 of 22 City Council Meeting 4/3/12 is to establish new regulations in the following areas: applications for permits, insurance requirements, definitions and penalties for offenses. Tony Izzo stated there is a brief amendment to 136-33 to read as “each permit issued under article 1, 2, 3, or 4 of this chapter shall expire 1 year following the last day of the month in which it is issued.” Marilyn Rivers stated the Accounts Department is working to make the application more community friendly. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Collins Mechanical for Plumbing Work at the Fire Station (12-108) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a contract with Collins Mechanical for plumbing work at the Lake Avenue Fire Station. The contract amount is $105,312. Commissioner Mathiesen advised the money is in capital budget lines H3146952 / 52000 / 1132 and H3146952 / 52000 / 1186. Mayor Johnson stated the city attorney still needs to review this contract. Commissioner Mathiesen stated they can approve pending the city attorney approval. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Collins Mechanical for HVAC Work at the Fire Station (12-109) Commissioner Mathiesen and Commissioner Madigan seconded to authorize the mayor to sign a contract with Collins Mechanical for HVAC work at the Lake Avenue Fire Station in the amount of $76,166 and pending city attorney approval. Commissioner Mathiesen advised the funding is in capital budget line H3146952 / 52000 / 1186. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Electric Concepts for Electric Work at the Fire Station (12-110) Commissioner Mathiesen and Commissioner Franck seconded to authorize the mayor to sign a contract with Electric Concepts for electric work at the Lake Avenue Fire Station in the amount of $17,500 and pending city attorney approval. Commissioner Mathiesen advised the funding is in capital budget line H3146952 / 52000 / 1186. Ayes - All Discussion: Review of the March 27th Workshop – Night Life in Saratoga Springs; Is it a Problem? Commissioner Mathiesen stated this meeting was well attended. Incorporation of the standards will go a long way in helping to curb the actions of some. This is an important part of preserving the reputation of Saratoga Springs and enhancing our tourism. He was disappointed to see people from the Convention Bureau and our Chamber of Commerce trying to tone his rhetoric down. Changing last call is part of the answer to this problem. He suggests we continue to change last call to 3 a.m. Page 19 of 22 City Council Meeting 4/3/12 Mayor Johnson stated he received calls in his office regarding recent comments made by Commissioner Mathiesen. Statements being made could be damaging to the local economy. Using terms like frightening and hoodlums on Caroline Street doesn’t help the process. There is away of achieving your goal and not scaring people. Commissioner Franck stated he was in Maine last August and received calls from the press about the gentleman who got his scull cracked open in a fight. They used the words frightening, hoodlum, etc. It has gotten so bad the last few years it is frightening. It is not true we are losing all this money; $10,000 in sales brings $150 into this City. He heard the same self policing comment a couple years ago. Things that didn’t hit the press include Skidmore ruining the Casino by underage drinkers attending their party; and a kid died behind Adirondack Trust. What it costs us as a City far outweighs the sales tax for an hour. He was made to look like a genius when they didn’t self police and things didn’t get better over the past two years. We had a fight of 200 people last summer and had to call in back up from other areas. Do you think this behavior is helping Saratoga Springs? Mayor Johnson stated he is not trying to criticize Commissioner Mathiesen; he is just trying to relay information. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Debrino Caulking for the Fire Station Floor Project (12-111) Commissioner Mathiesen and Commissioner Madigan seconded to authorize the mayor to sign a contract with Debrino Caulking for the Lake Avenue Fire Station floor project in the amount of $303,650 pending city attorney approval. Commissioner Mathiesen advised the funding is in capital budget line H3146952 / 52000 / 1186. Ayes - All SUPERVISORS Joanne Yepsen Report from County Committee Meetings Supervisor Yepsen reported their first budget meeting is April 18th. They are looking at a bill that will enable them to enact a ‘truth in taxation’ on your tax bills. It provides for more information to be place on tax bills. They are also looking at a bill in support of veterans that allows them to be deployed and not have that be an issue when making a decision in court regarding child custody. They are looking at booking hotels on line. Climate Smart Communities Inaugural Meeting Supervisor Yepsen reported the first meeting was March 23rd. She thanked the mayor for helping her put that together. There are some options and opportunities. There will be monthly meetings. Beekman Street First Friday Art Walk Supervisor Yepsen reported Beekman Street would like to do an ‘art walk’ on the first Friday of every month. Meeting with Saratoga Gaming and Raceway Page 20 of 22 City Council Meeting 4/3/12 Supervisor Yepsen reported she met with the top management to talk about the state action taking place regarding the Casino and the Casino opportunities. It is a very big and important issue to keep on top of. Governor’s Small Business Workshops Announced Supervisor Yepsen reported the Governor’s Office sent a representative to meet with the DBA. The governor is putting together NY Open for Business Outreach. Matt Veitch Trails Committee Update Supervisor Veitch reported they met recently and talked about parcels in the Town of Moreau being logged and the trails will be used as horse trails. The Zim Smith Trail extension is moving forward. Legislative & Research Committee Update Supervisor Veitch reported there was discussion on occupancy tax. There is an issue regarding online bookings as the companies are taking a part of the occupancy tax as a fee. The government is being shorted on tax in the occupancy field. Commissioner Madigan advised she believes NYC has already passed something and so has Florida. She would like to be involved in this. Chairman Woods’ Visit to City Council Supervisor Veitch thanked Chairman Wood and Supervisor Grattidge for their visit to the City Council. GAPS Committee Supervisor Veitch reported he will talk about this at the next meeting. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Scirocco 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 12:12 a.m. Council returned from session at 12:31 a.m. Commissioner Madigan moved and Commissioner Mathiesen seconded to add an item to the agenda to vote to terminate the contract with our internal auditors. (12-112) Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded to terminate the City contract with Toski, Schaffer and Company signed by the mayor on 10/21/11. (12-113) Mayor Johnson asked if that is to be effective immediately. Commissioner Madigan stated they will need to write a letter. They would like to do this at the earliest possible time. Ayes - All Page 21 of 22 City Council Meeting 4/3/12 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 12:33 a.m. Respectfully submitted, Lisa Ribis Clerk Approved: 5/15/12 Vote: 5 - 0 Page 22 of 22