City Council

May 15, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:30 P.M. – Local Law No. 1 of 2012 – City Charter 6:50 P.M. – Amend Capital Budget – 6 Woodlawn Avenue Parking Garage 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of City Council Minutes for 4/3/12 2. Approval of Pre-Agenda Minutes 4/30/12 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers – Regular 5. approval Transfers - Revenue 6. Approve Payroll 5/4/12 $382,888.33 7. Approve Payroll 5/11/12 $385,797.45 8. Approve Warrant 2012 Mid – 12MWMAY1 $580,004.86 9. Approve Warrant 2012 Regular – 12MAY2 $1,186,192.22 MAYOR’S DEPARTMENT 1. Discussion and Vote: Public Access Defibrillation (PAD) Program 2. Discussion and Vote: NYS Office of Children and Family Services Funding Application 2012 3. Announcement: Registration Extended 4. Discussion and Vote: Amend the 2012 Capital Budget for the 6 Woodlawn Avenue Parking Garage 5. Discussion and Vote: Authorization for Mayor to Sign Change Orders with BCI Construction for 6 Woodlawn Avenue Parking Garage 6. Discussion and Vote: Authorization for Mayor to Sign Change Order with Electric Concepts for 6 Woodlawn Avenue Parking Garage 7. Discussion and Vote: Merit for Review of Woodlawn Oval PUCD Proposed Map and Text Amendments and Referral to City Planning Board for Advisory Opinion 8. Discussion and Vote: 124 Jefferson Street Proposed Zoning Map Amendment from UR-2 to UR- 4A 9. Discussion and Vote: Maple Dell – Consideration of TRBD Text Amendment 10. Discussion: Adoption of Historic District Residential Guidelines 11. Announcement: HUD Approval of CDBG Annual Report City Council Meeting 5/15/12 12. Announcement: Design Review Commission Approval of ‘Tempered by Memory’ Sculpture Placement 13. Discussion: Change in the Deadline for Council Agenda Items 14. Announcement: Bike to Work Day, Friday, May 18, 2012 ACCOUNTS DEPARTMENT 1. Discussion and Vote: Local Law No. 1 of 2012 – To Provide for a New Charter for the City of Saratoga Springs 2. Discussion: Grievance Day 3. Award of Bid: Granite Curbs to Syrstone, Inc. 4. Award of Bid: Precast Curbs to Fort Miller Co. 5. Award of Bid: Precast Manholes, Catch Basins, Dry Wells and Frames and Covers to Pallette Stone Corp. FINANCE DEPARTMENT 1. Announcement: In-Rem Property Auction 2. Discussion and Vote: In-Rem Property and Auction 3. Discussion: 1st Quarter Financial Report 4. Announcement: Bond Sale 5. Discussion and Vote: Budget Transfers – Payroll 6. Discussion and Vote: Budget Transfers – Benefits 7. Discussion and Vote: Budget Amendments – Benefits 8. Discussion and Vote: Budget Amendment – Capital Budget Woodlawn Ave Parking Deck 9. Discussion and Vote: Re-state “Accept Donation from Skidmore College: Computers” 10. Discussion and Vote: Internal Controls Over PD Bank Accounts 11. Discussion and Vote: Saratoga Springs Housing Authority Compliance Plan PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Sidewalk Agreement 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with ERSI 3. Announcement: Hurricane Irene – FEMA 4. Announcement: Paving Schedule PUBLIC SAFETY 1. Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcoholic Beverages to 3:00 a.m. 2. Discussion: Agenda Meetings and Deadlines 3. Discussion: Clarification of Section 2.2 of City Charter 4. Discussion: Downtown Noise Enforcement SUPERVISORS Joanne Yepsen 1. County Legislative Support for Mayday for Mandate Relief 2. Saratoga County Airport Growing Pains 3. Truth in Taxation Local Law 4. Sustainable Saratoga Update & Announcements Matt Veitch 1. Public Safety Committee Page 2 of 19 City Council Meeting 5/15/12 2. For-Profit EMS Access to Communications System 3. Social Programs Committee 4. NYS IT Director’s Conference 5. GAPS Committee 6. June Meetings ADJOURN Page 3 of 19 City Council Meeting 5/15/12 May 15, 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 Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney ABSENT: Tim Cogan, Deputy Commissioner, DPW 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 Local Law No. 1 of 2012 – City Charter Mayor Johnson opened public comment period at 6:34 p.m. Commissioner Franck stated this is the first item on his agenda tonight for vote. Rick Thompson of 26 Frederick Drive stated he is here in the absence of Charlie Morrison. Mr. Morrison is stating this matter has been handled in an entirely correct legal manner. There is no reason to not vote yes tonight and send this to the board of elections. He has examined the legal notice and the local law. It was published properly and the local law has been titled and available according to the law. Page 4 of 19 City Council Meeting 5/15/12 Phil Diamond of 29 Waterview Drive stated he agrees with Rick Thompson. He does believe we need a new form of government, but does not believe in the form of government that is being recommended. The citizens elected all 5 of the Council; he is wondering if they can put on the referendum what each Council member feels about this. Bonnie Design of 3260 Route 9 stated when our fore fathers created this form of government they did it for checks and balances. City administrators and managers are businessmen. She is standing here asking why they have to beg to have this put on the ballot. She asked the Council to each use their vote to put this on the ballot. Charles Brown of 10 Perry Street stated the last time he was here it was brought up that people would be voting without knowing what they are voting for. If this is put on the ballot there is time to educate the people what they would be voting for. Peter Martin of 101 Bryan Street stated he is sure the Council will vote their conscience to adopt the Charter change and put this on the ballot. This has been a very open process. The petitions needed to get this on the ballot exceeded the requirement. Brent Wilkes of 5 Thames Way stated the Council has a historic opportunity. This issue is not about which form of government is better for Saratoga Springs. Will the City Council honor and respect the right of the people by placing this on the ballot. He respects their right to campaign against the Charter Reform. George Shuloff of 55 Regatta View Drive told the Council to stop procrastinating and let the people vote. Pat Kane of 19 Marion Place thanked Commissioner Franck for having the courage to put this out there. Bonnie Sellers of 73 Fifth Avenue stated this law is being enacted for a potential City Charter. The first page states a local law to provide for a new Charter for the City of Saratoga Springs. Citizens that follow City business know this proposal was submitted by Saratoga Citizen to change the City form of government. Those who don’t follow City business closely would believe this local law is being presented by the City Council. The Council should state tonight in the minutes any disclaimer that the new charter proposal was written by Saratoga Citizen and not the Council and if they endorse the new charter or just respecting the court’s decision. Remijia Foy of 95 Oak Street stated she served as Commissioner of Finance for 6 years under the current form of government. The City Council has been under siege by Saratoga Citizens in an attempt to abolish our current form of City government. The City and the mayor have been criticized for the legal expenses incurred by the City when it was forced to defend itself. We have a vibrant City in spite of economic set backs across our nation and we did not have tax increase unlike other neighboring cities. Schenectady with a strong mayor system has hit rock bottom. The basic principal and purpose of the petition process should be discussed tonight. It is time to put an end to the grudge campaign against the mayor, the Council and the citizens of this community. There have been 7 charter change attempts with only 1 succeeding; the update to the current charter. John Tighe of Rowland Street, Milton, asked if that if any Council member donated to Saratoga Citizen they should advise of such and/or recuse themselves from this vote. Commissioner Franck stated in relation to Mr. Diamond’s point, we shouldn’t put it on the actual local law but he has no problem asking for a roll call. He was on the lawsuit; he respected the first and second courts’ decision; that is why he is putting this forward. He also did not donate to Saratoga Citizen. He doesn’t believe there have been substantive changes on this document. There were grammatical errors, and a change relating to the supervisors’ terms from 4 years back to 2 years. Mayor Johnson closed the public hearing at 6:59 p.m. Page 5 of 19 City Council Meeting 5/15/12 Amend Capital Budget – 6 Woodlawn Avenue Parking Garage Mayor Johnson opened public comment period at 6:59 p.m. Mayor Johnson stated this is in relation to different change orders for the project. The proposed amount of the amendment to the Capital Budget is $171,036. No one spoke. Mayor Johnson closed the public hearing at 7:01 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:01 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 7:02 p.m. Rick Thompson of 26 Frederick Drive stated one group’s following the law is another person’s siege. Having a vote to put this on the ballot is the only real issue before you tonight. He thanked the Council for their remarks of the latest court decision. They need citizen participation. Citizens should seek sound and factual information. Tracey Millis of Maple Dell and president of the Neighborhood Association stated converting this to business would be contradictive to what the people in his neighborhood want. They do not want commercialization and they do not want Transect 4 (T-4). They want to remain a residential neighborhood. He asked the Council to help them save their residential neighborhood. Al Callucci of 9 Lexington Road he has a copy of the City of Saratoga Springs policy of unrestricted fund balance; which is now the unassigned fund balance. At the time this policy was adopted in 2011, we were already over the 12% allowed in the unrestricted fund balance. He recommended the Council review and update this. He has had several discussions with the auditing company we use each year; their guideline has been 15 – 20%. Jay Caruthers of 52 Walton Street stated he is a physician and is trained to recognize the relationship between dose with medication. When people consume toxic levels of alcohol, it impairs their reasoning and judgment. Since the last hearing his thinking changed a little. There was an altercation in front of his house with 3 police car called to the scene. We need a comprehensive strategy to deal with this issue. One thing that is special about this area is that we can walk around and get to downtown without having to get in your car. We need to look beyond bar closings. John Tighe of Milton stated he lived on Warren Street for 25 years. This is an entertainment city. We have a government not a nanny. You cannot legislate behavior. Closing the bars may possibly make it worse. Phil Diamond of 29 Waterview Drive stated he doesn’t know why we are talking about this. This is a ridiculous vote and a grandstanding vote. It just shows how a Council feels about an issue when they don’t need to display how they feel. He suggested when the first item on the agenda of Public Safety comes up; no one should give it a second. In regard to the charter change, he agrees it should go in front of the Page 6 of 19 City Council Meeting 5/15/12 public. The referendum should state the group that proposed the charted is unofficial and unelected. It should also state the city manager will be unelected. He would like to see this as part of the motion. Richard Farrell of 29 Longwood Drive and owner of 15 Maple Dell stated they have been in the process since October to get the proper designation of the property for rentals and sales. It is hard as a small business person to keep this in abeyance for so long. You should be looking after the minority. He is asking for profiles and courage. He was never consulted when the last change went through. How do you go 6 months. He asked the Council to really focus on what the issue is. Will Pouch, owner of Esperanto stated there is evidence to show this is a behavioral problem. The police and community needs to work together. We have gotten worse national press than ever before. He asked Commissioner Mathiesen to watch Jack Wallace of 32 Maple Dell stated he is against the T-4. A T-4 opens the potential for more intensive development; residential and commercial. Tom Montelone of 140 Nelson Avenue stated in regard to the Saratoga Citizen petition; the first amendment of the Constitution gives citizens the right to petition their government for redress of grievances. Saratoga Citizens is citizens unaffiliated with any municipal group. Dan Defedericis 56 Union Avenue – stated he came in support of Saratoga Citizen. He feels his right to vote was taken away and City tax dollars were wasted in the lawsuits. He wants to hear a good debate. He is also a retired state trooper and is against rolling back the closing time. It is a solution that misses the problem. Every city has their level of problems. Bonnie Design of 3260 Route 9 stated our EMTs are passionate and caring. She felt safe. Her caregiver, Dan, came back in to the hospital to check on her to see how she was doing. Katherine Harris and her husband own the Mine. She has never been approached until April to have an open dialogue about things they can do to benefit downtown. The 3 a.m. downtown will hurt them significantly. John, employee at Esperanto stated he works the late hours and depends upon that income. Mark Travis of Diamond Place and owner of Desperate Annie’s stated since the meeting on May 7th at the Holiday Inn, they are all working to get the employees licensed as security guards and getting the bartenders TIPS certified. He urged the Council not to vote for something that has been a fun part of this town. Commissioner Mathiesen stated he will be pulling the item from his agenda tonight. Patty Southworth, supervisor of the Town of Ballston stated the VA has approved funding for the Guardian House. Charles Brown of 10 Perry Street stated there is no talk about closing an establishment before 4:00. The talk is to stop drinking before 4:00. He recommended the establishments serve food. No one has to lose their job because of this. Mayor Johnson closed the public comment period at 7:38 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes for 4/3/12 2. Approval of Pre-Agenda Minutes 4/30/12 Page 7 of 19 City Council Meeting 5/15/12 3. Approve Budget Amendments (Increase) 4. Approve Budget Transfers – Regular 5. approval Transfers - Revenue 6. Approve Payroll 5/4/12 $382,888.33 7. Approve Payroll 5/11/12 $385,797.45 8. Approve Warrant 2012 Mid – 12MWMAY1 $580,004.86 9. Approve Warrant 2012 Regular – 12MAY2 $1,186,192.22 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Public Access Defibrillation (PAD) Program (12-156) John Hirliman of the Recreation Department advised they are looking to update the Public Access Defibrillation program. This is for the indoor recreation facility. Mayor Johnson moved and Commissioner Scirocco seconded to approve the program as described. Ayes - All Discussion and Vote: NYS Office of Children and Family Services Funding Application 2012 (12-157) John Hirliman of the Recreation Department advised they are looking for approval to submit the NYS Office of Children and Family Services Funding Application for 2012. This is a 50/50 reimbursement and in the budget. Mayor Johnson moved and Commissioner Franck seconded to approve funding application as described. Ayes - All Announcement: Registration Extended John Hirliman stated they are extending Camp Saradac registration to June 15th. It is a first come first serve basis. Registrations are held at the recreation center on Vanderbilt Avenue. Discussion and Vote: Amend the 2012 Capital Budget for the 6 Woodlawn Avenue Parking Garage (12- 158) Mayor Johnson stated this item corresponds with the next couple items on his agenda. There are 9 total change orders totaling $171,036 and are from line H3416952 / 52000 / 1181. Mayor Johnson moved and Commissioner Scirocco seconded to amend the capital budget as described. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Orders with BCI Construction for 6 Woodlawn Avenue Parking Garage (12-159) Mayor Johnson asked Mr. Tom Roohan to address the Council regarding the change orders. Page 8 of 19 City Council Meeting 5/15/12 Mr. Roohan provided some detail regarding the change orders as follows: north stair tower for $59,000; there is a 2 inch tap required for $7,170; $31,840 is for the extension of the storm sewer system; $11,359 is for decorative precast planters; extension of 8 inch waterline; deleted some snow fencing; deleted one electronic height detector that wasn’t needed, etc. Commissioner Madigan stated she hoped we would be getting some trees. Mr. Roohan advised they will be planting 8 trees. Mayor Johnson stated none of these change orders are unexpected. This is a design build project so it is standard to have a base price and then see what you need. Change order #2 is for $59,937, change order #3 is for $7,170, change order #4 is for $31,842, change order #5 is $51,909, change order #6 is for $11,359, change order #7 is for $26,346, change order #8 is for -$3500, change order #9 is for -$1,427, change order #10 is for -$5,260, for a total amount of $165,776. Mayor Johnson moved and Commissioner Scirocco seconded to approve the change orders as described. Ayes – All Mayor Johnson reported the funds are in line H3416952 / 52000 / 1181. Discussion and Vote: Authorization for Mayor to Sign Change Order with Electric Concepts for 6 Woodlawn Avenue Parking Garage (12-160) Mayor Johnson asked Mr. Roohan for any comments. Mr. Roohan stated to comply with WICKS Law, they needed to have a general contractor, an electric contractor, and a plumbing/mechanical contractor. Mayor Johnson confirmed the amount of this change order is $2,140. The funding is in line H3416952 / 52000 / 1181. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to sign the change order as described. Ayes - All Discussion and Vote: Merit for Review of Woodlawn Oval PUCD Proposed Map and Text Amendments and Referral to City Planning Board for Advisory Opinion (12-161) Mike Toohey, counsel for the applicant stated this area was created as PUCD in 1993 and amended a couple times since. They are requesting a referral to the Planning Board to allow them to give an advisory opinion to the Council if they feel this is an acceptable idea. The purpose is to keep the green space high. To do that they have to have the right amount of land. The name of a street was miss-marked on the map but the core has not changed. Commissioner Madigan stated this seems premature to her as it doesn’t seem they need the extra green space at this time. Mr. Toohey stated they will need it if they want to plan for it. There is no sense in going forward with planning if they don’t have the land. Commissioner Madigan asked if able to pursue tax exempt ownership due their status right now. Mr. Toohey stated he didn’t believe they are. Page 9 of 19 City Council Meeting 5/15/12 Commissioner Mathiesen asked how much of a loss in taxes this would represent. Commissioner Madigan advised $2,792.90 per year. Mayor Johnson moved and Commissioner Franck seconded that they find this petition has merit for review and refer the matter for an advisory opinion to our City Planning Board and County Planning Board, followed by a public hearing. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: 124 Jefferson Street Proposed Zoning Map Amendment from UR-2 to UR-4A Mayor Johnson stated this will be a discussion item only. He hopes there will be a resolution without a vote. Mark Schachtner, counsel for our land use boards was contacted because this is a unique situation of what to do with this application. The City Planning Board issued an unfavorable advisory opinion. In or to give some resolution to the application, a consensus among the counsel is being sought to not entertain this application any further. The City Council all agreed not to further entertain this application. Mayor Johnson asked the Council to indicate if there is interest to lowering the senior age from 62 to 55 years of age. New York State law has changed in defining the age of seniors in regards to housing. The minimum age has become 55. The City Council agreed to pursue the age reduction. Discussion and Vote: Maple Dell – Consideration of TRBD Text Amendment Mayor Johnson stated this will be a discussion only. Legal counsel has advised that the City Council come to a consensus regarding to not further entertain this application. There is no further merit for review. The City Council agreed not to further entertain this application. Mr. Millis, resident and president of Maple Dell Neighborhood Association stated they are in agreement with this. Discussion: Adoption of Historic District Residential Guidelines Mayor Johnson asked Brad Birge to describe this. Brad Birge stated the City was certified as a local government through the New York State Parks and Recreation. The City developed design guidelines for residents within the historic district. The City received a grant to update the guidelines. The City hired the Saratoga Springs Preservation Foundation to help update these guidelines and introduce 3 more sections. Commissioner Franck stated this was well done and asked they put this to vote at the next meeting. He also suggested putting on the website. Commissioner Madigan thought the alternative energy section is interesting and wondered if anyone from Sustainable Saratoga has seen it. Brad Birge stated they could reach out to them. Commissioner Madigan offered to do that for them. Page 10 of 19 City Council Meeting 5/15/12 Announcement: HUD Approval of CDBG Annual Report Brad Birge advised they produce an annual report of all the funds that were spent during the year as well as everything that was accomplished. The letter received from HUD advised that the City’s report was satisfactory and the City does have the capacity to administer the program. Announcement: Design Review Commission Approval of ‘Tempered by Memory’ Sculpture Placement Mayor Johnson stated the City Design Review Commission has given written approval of the Tempered by Memory sculpture to be placed in High Rock Park. Everything being proposed as a plan is in accordance with the objectives, standards, and guidelines contained in the City’s Zoning Ordinance. The artists are moving forward with the City and their own contractors to do boring tests, etc. There is no dedication date set yet. Commissioner Madigan congratulated Joel Reed. The sculpture has found a great home. Discussion: Change in the Deadline for Council Agenda Items Mayor Johnson stated the current deadline of preliminary agenda items is the Friday before the Council meeting. After the pre-agenda meeting, the agenda is finalized. It was designed to give Council members advanced notice of what was going to be discussed and also for the public to be aware of the business to be conducted. There was question if the pre-agenda meeting is in compliance with the Open Meetings Law. It was also discussed was the Open Meetings Law requires in regards to advance notice. Tony Izzo stated they called Bob Freeman on April 30th. The first question was does the 72 hours notice apply to weekends. Bob Freeman advised 72 hours is just that; no designation between week days and weekend days. They also asked if it is a meeting if members of a public body ask questions of a presenter but do not have a discussion between themselves. Mr. Freeman indicated if the subject of discussion is going to come before the public body eventually, it should be looked at as public business and should be treated as a meeting. The final question was if there is less than a quorum discussing public business at an event and the third public body is there and doesn’t say anything. According to Mr. Freeman, that is not a meeting. Commissioner Franck advised his deputy Sharon Kellner-Chille attended the NYCOM meeting and specifically asked if site meetings are considered a meeting. Wade Beltramo stated site meetings are not meetings. The situation of being Skyped in a meeting – that is legal. Mayor Johnson confirmed that special or different notice must be given if someone is video-conferencing in. Tony Izzo advised that it must be stated that a member is attending via video conferencing. Commissioner Mathiesen commented that there is plenty of notice being given for the Tuesday meetings with items for the agenda being due by Friday afternoons. Mayor Johnson stated there is not 72 hours advance notice being given for the pre-agenda meetings. Commissioner Mathiesen stated the meetings are on the web. Deputy Commissioner Kellner- Chille advised per Wade Beltramo at the NYCOM meeting, notice of listing the meetings on the web a year in advance is enough notice. Mayor Johnson advised his concern is the agenda items are not known that way. Many items are added at the agenda meetings on Monday. Our obligation to the public in terms of being open and transparent is to Page 11 of 19 City Council Meeting 5/15/12 post it as early as possible. He will bring forth at the next Council meeting a new policy and procedure to be adopted by the Council that sets the deadline for Thursday at 3 p.m. Commissioner Scirocco suggested changing the meeting day. Commissioner Franck stated they could not have the pre-agenda meeting. They didn’t always have these meetings. Commissioner Madigan stated she would like to keep the agenda meetings. She finds those helpful. Commissioner Mathiesen stated he also likes the agenda meetings. Announcement: Bike to Work Day, Friday, May 18, 2012 Mayor Johnson announced that Friday, May 18th is bike to work day. The Saratoga Springs Transportation Network will be hosting this event again this year. ACCOUNTS DEPARTMENT Discussion and Vote: Local Law No. 1 of 2012 – To Provide for a New Charter for the City of Saratoga Springs (12-162) Commissioner Franck moved and Commissioner Madigan seconded to enact Local Law No. 1 of 2012 to provide for a new charter for the City of Saratoga Springs. Commissioner Franck stated this is Saratoga Citizen’s Charter proposal. Under Municipal Home Rule Law 10 he is bringing this forward as Local Law No. 1 of 2012. He made changes relating to dates, grammatical errors, and supervisor terms. This was placed on everyone’s desk no later than last Monday to meet the 7 day requirement; they also met the 5 day advertising requirement, and held several public hearings. There were no substantive changes to the Saratoga Citizens, Inc. draft. Commissioner Madigan advised she did not give any money to Saratoga Citizen. Commissioner Scirocco stated he did not give any money to Saratoga Citizen nor has he signed any petitions for Saratoga Citizen. Commissioner Mathiesen stated he has attended a Saratoga Citizen meeting, donated funds to Saratoga Citizen, and feels this should go to the ballot. Commissioner Franck stated again for the record that he did not donate money to Saratoga Citizen but had in the past donated to Saratoga Success. Mayor Johnson stated he has not donated to Saratoga Citizen. He asked Tony Izzo to explain how he took this item and made it a local law. Tony Izzo stated this is different in that he prepared the initial paragraph and concluding paragraph. Mayor Johnson stated he is not here to debate the merits or lack of merits of the history of this issue. Despite his respect for the legal bench, he feels there are still mistakes being made. His motivation is to do what is best and for the legal protection of the City. His decisions have been both popular and unpopular within the City. It makes him uncomfortable to endorse this process. According to legal analysis received, the best process and route for the City is to have Saratoga Citizen go back to court and ask the court to ‘conform’ this document. This will allow them to put this on the ballot and the City will not create any ambiguity or confusion regarding that this is not a City sponsored initiative. He does not believe Article 2 section 10 of the Municipal Home Rule Law a local law is the appropriate format; that is when a City Page 12 of 19 City Council Meeting 5/15/12 proposes a charter revision. This should continue where it has been under Article 4 Section 37 of the Municipal Home Rule Law; which requires Saratoga Citizen to go back to court. This removes the City from doing what has never been done across the state of New York. Unless the City follows the letter of the law there could be people that will go back to court with this local law being passed to stop it in its tracks. Commissioner Franck stated the New York Department of State was clear that this is a local issue and they will not get involved. Commissioner Scirocco feels we are just prolonging the inevitable. He is ready to move on this tonight. Roll Call: Commissioner Franck - Aye Commissioner Madigan - Aye Commissioner Scirocco - Aye Commissioner Mathiesen - Aye Mayor Johnson – Nay Discussion: Grievance Day Commissioner Franck advised that in past years we held a how to grieve your assessment class, but did not hold one this year due to the low amount of requests for the class compared to past years. Grievance day is next Tuesday, May 22nd. There will be 3 sessions: 9:00 a.m. – noon; 1:00 p.m. – 4:30 p.m.; and 7:00 p.m. – 9:00 p.m. Award of Bid: Granite Curbs to Syrstone, Inc. (12-163) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Granite Curbs to Syrstone, Inc.; the sole bidder. Commissioner Franck advised the total bid amount is $15,349 and the account line is A3335014 / 54180. Ayes – All Award of Bid: Precast Curbs to Fort Miller Co. (12-164) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Precast Curbs to Fort Miller Co.; sole bidder. Commissioner Franck advised the total bid amount is $15,400 and the account line is A3335014 / 54180. Ayes - All Award of Bid: Precast Manholes, Catch Basins, Dry Wells and Frames and Covers to Pallette Stone Corp. (12-165) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Precast Manholes, Catch Basins, Dry Wells and Frames and Covers to Pallette Stone Corp. Commissioner Franck advised they were the lowest bidder. The total amount of the bid is $44,367 and the account line is A3335014 / 54180. Ayes – All **The City Council recessed at 9:15 p.m. The City Council returned from recess at 9:27 p.m. Page 13 of 19 City Council Meeting 5/15/12 FINANCE DEPARTMENT Announcement: In-Rem Property Auction Commissioner Madigan stated the property auction is scheduled for 7/14/12 at 10:00 am. Mike King stated we do our auction the same way Saratoga County does. It will start at 10:00 a.m. and hired Mike Smith of Cherry Tree Auctions at a fee of $250. When the gavel goes down, the successful bidder must put down 10%. The balance will be due within 30 days and will do the closings ourselves. If someone shows up with all the money they owed on their property, he will pull the property and accept the money to redeem the property. An in-rem process wipes out all liens. If someone does come in with the money for their property the City will have to petition to judge to have all the liens against that particular property put back. This is different from a foreclosure procedure. Commissioner Scirocco asked if a new property owner will be responsible for any liens. Mike King advised they would not as all liens will be wiped off. We started with 16 properties and 1 was redeemed. We haven’t had an auction in the City in 10 years. The real estate committee did set suggested minimum bids. We would like to make sure we recoup all the taxes and fees. The successful bidder also has to sign a statement that they are not affiliated with the previous owner, etc. Discussion and Vote: In-Rem Property and Auction (12-166) Commissioner Madigan stated they are trying to sell strips of land to the adjacent property owners. Should they not want to buy these parcels, she would like to put these parcels back into the auction. Also, per the City Council vote of March 20, 2012, two properties were proposed to be auctioned. The proposal recommends these two properties be retained for construction or reconstruction. She suggested these properties be removed from the auction to give the Council time to determine how it would like to respond to this proposal. Commissioner Madigan moved and Mayor Johnson seconded to approve the following: 1. in the event that the in-rem properties which the Council approved for sale cannot be sold as per the recommendation, these properties will be included in the auction scheduled for about July 14, 2012; 2. the two properties that are currently the subject of options 2 and 3 in the proposal to further City housing objectives using City owned parcels - 195 Division Street and 26 Cherry Street will not be included in the auction scheduled for July 14, 2012 unless the Council concludes before hand that they do not approve of these options as described. In this case they will go back into the auction. Mayor Johnson advised the proposal may assist in affordable housing initiatives in the City. Ayes - All Discussion: 1st Quarter Financial Report Commissioner Madigan advised the 1st quarter financial report was forward to the City Clerk’s Office and will be available on the web tomorrow. The general fund revenues collected to date are 23.8%; the general fund expenditures are 30.2%. They are seeing similar numbers as in 1st quarter of 2011. Approximately 45% of property tax has been collected. Announcement: Bond Sale Page 14 of 19 City Council Meeting 5/15/12 Commissioner Madigan announced the bond sale was on May 8th and they received 5 bids. The sale went to Ballston Spa National Bank. The rate is 2.97%. Bonded amounts totaled $6,645,383. They have looked into refinancing our debt and learned the costs will outweigh the benefit. Discussion and Vote: Budget Transfers – Payroll (12-167) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget transfer – payroll as distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (12-168) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers – benefits as distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendments – Benefits (12-169) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget amendments – benefits as distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendment – Capital Budget Woodlawn Ave Parking Deck (12-170) Commissioner Madigan stated the capital budget amendment increases the budget for the Woodlawn Avenue Parking Deck and is in the amount of $171,036. Commissioner Madigan and Commissioner Scirocco seconded to approve the 2012 budget amendment – capital budget as it was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Re-state “Accept Donation from Skidmore College: Computers” (12-171) Commissioner Madigan advised this is a clarification. At the last City Council meeting they voted to accept a donation without stating the value. She thanked Skidmore College again. Commissioner Madigan moved and Commissioner Franck seconded to accept the donation from Skidmore College of computer equipment valued at $2,000. Ayes - All Discussion and Vote: Internal Controls Over PD Bank Accounts (12-172) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the policy titled Internal Controls for Cash Receipting and Disbursement of Police Department as distributed. Ayes - All Page 15 of 19 City Council Meeting 5/15/12 Discussion and Vote: Saratoga Springs Housing Authority Compliance Plan (12-173) Commissioner Madigan stated this document was designed in a cooperative spirit. If agreed upon tonight, she will send to the Saratoga Springs Housing Authority. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the Saratoga Springs Compliance and Communication Plan and to forward said plan to the Saratoga Springs Housing Authority. Mayor Johnson stated it is important to re-establish the relationship between the City Council and the Saratoga Springs Housing Authority. He is not sure if that will occur with the first item requesting retroactive approvals. If they refuse, what happens then? Commissioner Franck stated we already paid these employees and we are not going to get this money back. Most of the salaries will be accepted if not all. Salaries are all in Civil Service so there won’t be any burden to get that information. Mayor Johnson stated it would be to our benefit to schedule a meeting with the Housing Authority, a representative of HUD, and someone from of New York State. We can’t seem to get a complete story as to who has what authority for what. Commissioner Franck stated he never said the City Council sets salaries but they do approve them. The mayor has some additional powers from the Council but the Council has one power and that power is to approve salaries. Mayor Johnson stated he is not against submitting this as a position of where the City stands. The next logical step is to get a forum together of everyone who has a stake in this. Commissioner Franck stated Article 3 Section 32 does apply here. He feels there a number of employees who would like to have their salaries ok’d and not have to worry about it. He hopes the salaries would come before them this year. Commissioner Scirocco confirmed the Comptroller’s Office is still working on the audit. He asked if this could be provided to them. Commissioner Franck stated the State Comptroller’s Office wouldn’t be in there if the state didn’t have rights. Commissioner Madigan stated she agrees that they need to come forward with their salaries. Page 2 is not something the Council can legally request of them but it is a way to open up the lines of communication. Mr. Collucci stated the Housing Authority runs monthly reports. These reports can be provided to the Council. Commissioner Madigan amended the motion as follows: Commissioner Madigan moved and Mayor Johnson seconded to approve the Saratoga Springs Compliance and Communication Plan as distributed and amended to read annual report and to forward said plan to the Saratoga Springs Housing Authority. Ayes - All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Sidewalk Agreement (12-174) Page 16 of 19 City Council Meeting 5/15/12 Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign a sidewalk agreement with Rich Lockwood at 143 Grand Avenue to install 75 square feet of sidewalk at $7 per square foot in the amount of $529. Payment has been received in full. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with ERSI (12-175) Commissioner Scirocco stated they suspected there was asbestos in the basement of the Casino. Five quotes were received and ERSI was the lowest of 5 quotes. This contract will include the clean up and asbestos abatement of the basement at the Canfield Casino. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign agreement with ERSI in the amount of $19,950 for asbestos abatement. Commissioner Scirocco advised funds are in line H3537112 / 52000 / 1165. Ayes - All Announcement: Hurricane Irene – FEMA Commissioner Scirocco stated on August 28, 2011 Saratoga Springs was hit with Hurricane Irene. DPW crews worked to remove damaged trees, debris, and clean storm drains. His staff worked closely with FEMA to develop the FEMA application. They were just notified that they are eligible for $33,167.21 reimbursement. Announcement: Paving Schedule Commissioner Scirocco announced the paving schedule for this week has been changed to: o Gilbert Road will be paved on Wednesday, May 16th o Gridley Avenue from Nelson Avenue to Jefferson Street will be paved on Thursday, May 17th o Bowman Street from Gridley Avenue to Crescent Street will be paved on Friday, May 18th o Jackson Street from Gridley Avenue to Crescent Street will be paved on Friday, May 18th o P.D. Harris Rd. from Ruggles Road to Sandspring Drive and Old Schuylerville Road to 80 feet north on Monday, May 21st. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcoholic Beverages to 3:00 a.m. Commissioner Mathiesen pulled this item from his agenda. Discussion: Agenda Meetings and Deadlines Commissioner Mathiesen pulled this item from the agenda as it has already been addressed. Discussion: Clarification of Section 2.2 of City Charter Commissioner Mathiesen stated he wanted clarification regarding adding items to the agenda. At the last meeting he asked to add an item to the agenda and was told he couldn’t. According to the City Charter, items can be added to the agenda with reason stated. Items may not be acted upon but they can be added. He doesn’t see where it is determined by the mayor if an item can be added or not. Mayor Johnson stated under Title 3 Section D of the Charter it states the mayor shall be presiding officer of the Council and prepare a final agenda for each Council meeting by obtaining a list from each Council Page 17 of 19 City Council Meeting 5/15/12 member. Under item K, it states the mayor shall have responsibility for cost effective operations, etc. He went on the read the Charter. He stated the request didn’t fall under any of the categories read. Commissioner Mathiesen stated he didn’t ask for any action to be taken. Mayor Johnson stated only reason something is added to an agenda is if it is emergent. Commissioner Mathiesen clarified that the mayor is saying since it wasn’t on the agenda it wasn’t appropriate to add it. Mayor Johnson stated that is correct. Since he has been in office and before his time, the only time when it was an emergent matter and couldn’t wait until the next Council meeting. That is the practice that has been in City Hall for years. Commissioner Mathiesen confirmed that they cannot add to the agenda unless it is an emergent matter. Mayor Johnson stated that is his position on it. Commissioner Franck stated at they NYCOM meeting, it was stated an agenda is not required to conduct a meeting. State law says nothing about agendas. There is nothing final about agendas. Discussion: Downtown Noise Enforcement Commissioner Mathiesen stated in trying to incorporate the issue of noise enforcement into the cabaret licenses for outside entertainment venues. People complain about noise going into neighborhoods. He wants to be sensitive about the concerns of the neighbors. He doesn’t believe it is asking a lot to get the volume turned down. SUPERVISORS Joanne Yepsen County Legislative Support for Mayday for Mandate Relief Supervisor Yepsen stated Saratoga County has been asked to join the mandate relief counsel. They are also working on a truth in taxation law. Saratoga County Airport Growing Pains Supervisor Yepsen stated there has been a huge increase in airport traffic and usage over the past 5 years. An interim set of rules and regulations have been put in place by the building and grounds administration. The Open Meetings Law was not followed; there is no sunset clause; and no pilots were included in the meetings. She voted against this law. Truth in Taxation Local Law Addressed above. Sustainable Saratoga Update & Announcements Supervisor Yepsen stated this meeting will take place next Tuesday, May 22nd. Matt Veitch Page 18 of 19 City Council Meeting 5/15/12 Public Safety Committee Supervisor Veitch stated they will continue to provide sheriff services in the Town of Corinth. If more patrol is requested beyond the base patrol the town will pay to offset those patrols. For-Profit EMS Access to Communications System Supervisor Veitch stated the Town of Greenfield has a contract with Empire Ambulance; however Empire has not answered any calls as it has not been determined how to give them access to the County’s public communications system. The ambulance is being dispatched out of our west side garage. Not for profit ambulances would not be charged; only for profit ambulances would pay a fee for the service. Social Programs Committee Supervisor Veitch stated they voted on the Workforce Investment budget. They do a summer youth employment program. The forms for that are on line. NYS IT Director’s Conference Supervisor Veitch stated the IT conference is today, tomorrow and Thursday at the City Center. GAPS Committee Supervisor Veitch stated the Committee met on May 10th and are getting this more focused. The Committee has good ideas on how to market the South Broadway corridor. Commissioner Franck plans to present the Committee’s report to the Council at one of the June meetings. June Meetings Supervisor Veitch stated he may not be attending the June City Council meetings due to work commitments. Commissioner Madigan asked Supervisor Veitch if he has been actively involved in the occupancy tax issue. Supervisor Veitch stated they have been tasked to do the research and will keep her updated. Mayor Johnson asked if we have an amount at issue. Commissioner Madigan stated she doesn’t have an exact at this time. ADJOURNMENT Mayor Johnson moved and Commissioner Madigan seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:39 p.m. Respectfully submitted, Lisa Ribis Page 19 of 19 City Council Meeting 5/15/12 Clerk Approved: 7/3/12 Vote: 5 - 0 Page 20 of 19