City Council

June 5, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations 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 4/17/12 2. Approval of City Council Minutes for 5/1/12 3. Approval of Pre-Agenda Meeting Minutes 5/14/12 4. Approve Budget Amendments (Increase) 5. Approve Budget Transfers – Regular 6. Approve Payroll 5/18/12 $386,660.88 7. Approve Payroll 5/25/12 $391,688.66 8. Approve Payroll 6/1/12 $419,355.41 9. Approve Warrant 2012 Mid – 12MWMAY2 $39,563.28 10. Approve Warrant 2012 Mid – 12MWMAY3 $481,727.78 11. Approve Warrant 2012 Reg – 12JUN1 $294,429.99 MAYOR’S DEPARTMENT 1. Discussion and Vote: Skate Park Jam and Lessons 2. Discussion and Vote: Approval to Accept Donations for Recreation Department 3. Announcement: Saratoga Springs Recreation Program & Events 4. Discussion and Vote: Authorization for Mayor to Sign Change Orders with Bast Hatfield for Indoor Recreation Center 5. Discussion and Vote: Referral of Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations to City’s Land Use Boards and County Planning Board for Advisory Opinions 6. Set Public Hearings for Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations 7. Discussion and Vote: Adoption of Historic District Residential Guidelines 8. Appointments: Shared Access Advisory Board (Complete Streets Initiatives) 9. Announcement: Brown Bag Lunch 10. Announcement: Update on Status of 6 Woodlawn Avenue Parking Garage Project 11. Announcement: Groundbreaking Event for 9/11 Sculpture Placement City Council Meeting 6/5/12 ACCOUNTS DEPARTMENT 1. Award of Bid: Chemicals to Faesy & Besthoff, Surpass Chemical Company, and Slack Chemical Company for Various Chemicals 2. Award of Bid: Extension of Bid for Chemicals to Slack Chemical Company, Holland Company, Faesy & Besthoff, and Koester Associates Inc. for Various Chemicals 3. Discussion: Grievance Day 4. Award of Bid: Recreation Outdoor Signage Design and Installation to AJ Sign Co. 5. Award of Bid: Spirit of Life Project to Elmore Design Collaborative to Elmore Design Collaborative 6. Award of Bid: Water Treatment Plant Filter Upgrade Project for General Construction to Jersen Construction Group and for Electrical Construction to Stilsing Electric, Inc. FINANCE DEPARTMENT 1. Announcement: City Website – New Section: “Transparency” 2. Announcement: Budget Presentations 3. Discussion and Vote: Standard Workday Resolution 4. Discussion and Vote: Civil Service Commission Appointment 5. Discussion and Vote: Budget Transfers – Payroll 6. Discussion and Vote: Budget Transfers – Benefits 7. Discussion and Vote: Budget Amendments - Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Chazen Co. – Water System Modeling of the City’s Water Distribution System 2. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Stantec Consulting Services Co. – Adams Street Pump Station 3. Announcement: Paving Schedule 4. Discussion and Vote: Resolution Capital Reserve Fund City Water System 5. Discussion and Vote: Saratoga County Summer Youth Employment Program 6. Discussion and Vote: Seasonal Lease – Lena Lane PUBLIC SAFETY 1. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Boggan & Sons Construction 2. Discussion: Attempted Kidnapping on May 22, 2012 3. Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 to DeBrino Caulking for General Construction at Lake Ave Fire House 4. Discussion and Vote: Authorization for the Mayor to Sign Change Order 1 with Electric Concepts for Electrical Work at the Lake Ave Fire Station 5. Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 with Collins Mechanical for Plumbing Work at Lake Ave Fire Station 6. Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 with Collins Mechanical for HVAC Work at Lake Ave Fire House 7. Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcohol Beverages to 3:00 a .m. SUPERVISORS Joanne Yepsen 1. Truth in Taxation Local Law 2. Occupancy Tax Local Law 3. June County Meetings Page 2 of 18 City Council Meeting 6/5/12 Matt Veitch 1. Nothing at this time. ADJOURN Page 3 of 18 City Council Meeting 6/5/12 June 5, 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 Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor (arrived at 7:05 p.m.) 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 (arrived at 7:07 p.m.) EXCUSED: Matthew Veitch, Supervisor 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. 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. Page 4 of 18 City Council Meeting 6/5/12 John Tighe of Rowland Street, Milton, stated he is confused by the whole agenda. There is an item on the agenda regarding the bar closings; we are wasting time. He is also wondering what happened to the flowers on Broadway; where are they. Additionally, why is the appointment to the Civil Service Commission on the Finance agenda; he thought that was the mayor’s function. John Baker of 16 Caroline Street and owner of Gaffney’s is here to outline the positive things the bar owners have been working on. All the security people have been NYS Certified and they have started the texting program. He also stated all employees have been TIPS trained. Gaffney’s purchased a noise meter to be more aware of noise control. They are open to keeping Saratoga safe and the nightlife vibrant. He encouraged the Council to vote no tonight. Jeff Clark of 480 Broadway gave kudos to John Baker for his leadership in trying to make this City safer. They have provided a significant increase in the safety in this town. Two years ago the chief of police remarked if we closed the bars earlier, we would encounter more house parties. Let’s keep the people in one spot where they can be controlled. Al Callucci of 9 Lexington Road provided information sheets to the Council. He totally agrees with Commissioner Madigan’s assessment that the first quarter is in line with last year. His concern is if they continue along the trend shown by public safety and public works; we will have a tough time. In regards to EMS; our billing service was quoted in the paper that the cost to provide service is more than the reimbursement received. He doesn’t see this being a profitable enterprise. Heather Kisselbeck, Executive Director of the Alcohol and Substance Abuse Prevention Council. They provide alcohol referral and educational services. The increase of the accessibility increases the crime. Decreasing the accessibility will decrease these crimes. Downtown Saratoga has a high density of alcohol outlets. We need to be aware of the message we are sending to our community and our youth. Moving the closing time back an hour is a step in the right direction. They have trained 31 employees since March from Circus Café and Sperry’s. This is a positive fact. Pastor Peter Barios of Jefferson Terrace stated a few weeks ago there was a parking lot party in his area. He found himself arguing with the police regarding the amount of time it took them to get there and how the teenagers were able to get away. He requested the Council to look into hiring more police officers; we need them. We need to find money for the police and outlets for the kids other than alcohol and drugs. Bob McTague of 296 Nelson Avenue thanked Commissioner Mathiesen for addressing the real problem of noise and chaos that goes on downtown. He feels he is part of the silent majority that don’t come here to speak. No matter what happens there have been some positive changes downtown. Bill McTygue of 15 York Street stated he respectfully disagrees with some of the statements regarding the change in last call hours. He is in support of the change to 3 a.m. There is nothing wrong with this City adopting pro-active measures showing Saratoga Springs is not an all night party town. The 1 hour change is a reasonable request. After a few months of this change, people will be saying ‘what’s the big deal’. Phil Diamond of 29 Waterview Drive stated we talk about the same issues meeting after meeting. We forget about people – people like someone who used to do reservations at the Casino and is now counting tools at the DPW garage. This has all occurred as political retribution as this person is friends of the previous commissioner. He suggested the Public Works Department take a good look at itself and focus on things like flowers. A lawsuit is being filed in the name of the woman he is talking about. The PERB Board has given a decision that the City has done wrong. It is going to cost the City money. Kyle York of 59 Railroad Place stated the first the public heard about the 9/11 sculpture on 12/7/10. He is wondering what it is going to cost the City for the ‘free’ sculpture. He asked if Risk and Safety has revised the insurance number since the size of the sculpture is larger and the location has changed. The sculpture has many sharp edges and a climbing piece. Page 5 of 18 City Council Meeting 6/5/12 Mayor Johnson closed the public comment period at 7:32 p.m. PRESENTATION Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations Brad Birge stated he has provided technical and staff support to the land use boards over the past 17 years. He introduced the staff of the Planning Department for the City of Saratoga Springs. He went on to provide the background and described the documents (Comprehensive Plan and Zoning Ordinance) that shape the City. The last major update to the Zoning Ordinance was 1990. Throughout this process they have identified language in need of updating. Their objective is to present a more logical, organized format; clarify and simplify language to be more accessible; and create consistency and commonality among Land Use Boards and processes. They are also identifying areas of the policy the City Council may want to take up in the future. The proposed Zoning Ordinance update will become available on the City’s website. The Table of Contents was made to be more descriptive to help you find what you are looking for. Potential future considerations listed included the ability to combine/eliminate districts and revise building heights. The next steps include referrals to the City Planning Board, the County Planning Board, and public hearings. On June 11th they will have a joint meeting of all the Land Use Boards to provide additional input. They will also have 2 general public workshops – June 18th and June 28th. Mayor Johnson thanked all who worked on this for their efforts and time to bring this document to where it is today. CONSENT AGENDA Mayor Johnson moved and Commissioner Franck seconded to approve the consent agenda as follows: 1. Approval of City Council Minutes for 4/17/12 2. Approval of City Council Minutes for 5/1/12 3. Approval of Pre-Agenda Meeting Minutes 5/14/12 4. Approve Budget Amendments (Increase) 5. Approve Budget Transfers – Regular 6. Approve Payroll 5/18/12 $386,660.88 7. Approve Payroll 5/25/12 $391,688.66 8. Approve Payroll 6/1/12 $419,355.41 9. Approve Warrant 2012 Mid – 12MWMAY2 $39,563.28 10. Approve Warrant 2012 Mid – 12MWMAY3 $481,727.78 11. Approve Warrant 2012 Reg – 12JUN1 $294,429.99 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Skate Park Jam and Lessons (12-176) John Hirliman of the Recreation Department explained the skate park jam is a free event at the East Side Recreation. There will be 2 skateboard lessons sessions and a fee of $19 for City residents and school district residents and $24 for non-City, non-school district residents per session. Commissioner Scirocco asked who is doing the training and if they will be required to be insured or certified to give lessons. Page 6 of 18 City Council Meeting 6/5/12 John Hirliman stated they have volunteers that will be giving lessons. They will be running this the same way they run their summer soccer program. Commissioner Scirocco stated right now we have a skate at your own risk policy. He asked if this went through risk and safety. John advised it did. Mayor Johnson moved and Commissioner Madigan seconded to approve the program as described. Ayes - All Discussion and Vote: Approval to Accept Donations for Recreation Department (12-177) John Hirliman advised the Franklin Community Center donated $2,265 for camper scholarships and they also received a donation in the amount of $965 from Hoops for Hope for scholarships; and Friends of Recreation Center donated $1,437.80 for the AED. Mayor Johnson moved and Commissioner Scirocco seconded to accept the donations as described. Ayes – All Announcement: Saratoga Springs Recreation Program & Events John Hirliman stated they are still registering for Camp Saradac. The recreation center hours are Monday – Friday from 8 a.m. – 9 p.m., Saturday from 8 a.m. – 8 p.m., and Sunday from 11 a.m. – 7 p.m. Starting June 23rd – September 16th they will change to their summer hours. Discussion and Vote: Authorization for Mayor to Sign Change Orders with Bast Hatfield for Indoor Recreation Center (12-178) Mayor Johnson advised this is for 6 different change orders totaling $42,000. Change order #9 is for $3,562, change order #10 is for $36,543, change order #11 is a credit for $6,700, change order #12 is for $3,472, change order #13 is for $2,103, and change order #14 is for $3,020. This is the final bill from the contractor and the project came in approximately $500,000 under budget. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign the change orders as described. Ayes - All Discussion and Vote: Referral of Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations to City’s Land Use Boards and County Planning Board for Advisory Opinions (12-179) Mayor Johnson stated this is a standard procedure. This vote is for the referral to the boards for opinion. Mayor Johnson moved and Commissioner Madigan seconded the revisions as described earlier be sent to the City Land Use Boards and the County Planning Board for advisory opinions. Commissioner Madigan advised she understands they will be looking for a vote on this July 17th. She feels this is a lot of material to get through in that time; she is not sure 6 weeks will be enough time. Mayor Johnson stated by that time we will have the advisory opinions back in hand and will benefit from those. Page 7 of 18 City Council Meeting 6/5/12 Commissioner Mathiesen confirmed this is a revision but there are basically no changes in the ordinance. Mayor Johnson advised there are a number of changes in the ordinance. They are highlighted in the guide at the beginning of each section. Ayes – All Set Public Hearings for Proposed Revisions to Zoning Ordinance, City Code and Subdivision Regulations Mayor Johnson set public hearings for July 3rd and July 17th at 6:50 p.m. Discussion and Vote: Adoption of Historic District Residential Guidelines (12-180) Brad Birge explained these have been presented at a previous meeting. These are updates to a document created in 2006. These guidelines are bullet pointed and easy to read. Commissioner Madigan advised it is still difficult for her to tell what changes were made in the document. Brad Birge advised they did not do a red-lined document. Mayor Johnson moved and Commissioner Scirocco seconded to adopt the Historic District Residential Guidelines as described. Commissioner Franck stated for the record he owns a number of properties in the historic district. Ayes - All Appointments: Shared Access Advisory Board (Complete Streets Initiatives) Mayor Johnson withdrew this item from his agenda. Announcement: Brown Bag Lunch Mayor Johnson advised the next Brown Bag Lunch is June 14th regarding the Greenridge Cemetery. Announcement: Update on Status of 6 Woodlawn Avenue Parking Garage Project Mayor Johnson advised this project is on time. The goal is to be ready for the upcoming racing season. This project is also on budget. The Parking Committee will be making recommendations to the Council regarding the type of parking that will be allowed at the garage. Announcement: Groundbreaking Event for 9/11 Sculpture Placement Mayor Johnson announced the groundbreaking event for the 9/11 sculpture is scheduled for June 11th at 10 am at the High Rock Park. ACCOUNTS DEPARTMENT Award of Bid: Chemicals to Faesy & Besthoff, Surpass Chemical Company, and Slack Chemical Company for Various Chemicals (12-181) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Chemicals as follows: Page 8 of 18 City Council Meeting 6/5/12 o Copper Sulfate to Faesy & Besthoff in the amount of $174 per CWT; cost not to exceed $3,045 for the year. o Sodium Hypochlorite to Surpass Chemical for $.781 per gallon; cost not to exceed $18,223.33 for the year, and o Sodium Hypochlorite (5 gallon) to Slack Chemical for $6.442 per 5 gallon drum; cost not to exceed $1,503.13. Funding is in line F3638334 / 54141. Ayes - All Award of Bid: Extension of Bid for Chemicals to Slack Chemical Company, Holland Company, Faesy & Besthoff, and Koester Associates Inc. for Various Chemicals (12-182) Commissioner Franck moved and Commissioner Scirocco seconded to extend the bid for the following chemicals: o hydrofluosilicic acid to Slack Chemical for $5.49 per gallon; cost not to exceed $4,803.75 for the year. o liquid sodium permanganate to Slack Chemical for $428.45 per 55 gallon drum; cost not to exceed $9,997.17 for the year. o polyaluminum chloride to Holland Co. for $17.39 per CWT; cost not to exceed $26,628.44 for the year. o sodiumsilico fluoride to Faesy & Besthoff for $50 per CWT; cost not to exceed $5,833.33 for the year. o phosphate 30/70 blend to Koester Associates for $13.10 per gallon; cost not to exceed $3,056.67. o phosphate 23/77 blend to Koester Associates for $13.10 per gallon; cost not to exceed $3,056.67 for the year. All of the above bids have been extended for 1 additional year under the same terms, conditions, and prices. Funding is in line F3638334 / 54141. Ayes – All Discussion: Grievance Day Commissioner Franck advised the annual grievance day was held on Tuesday, May 22nd. 2010 2011 2012 Total parcels grieved 165 287 182 (9 petitioners submitted review for a total of 38 parcels and 6 people submitted review due to exemptions) Total number of tax payers 154 143 173 He thanked all the members of the Board of Assessment Review for their time and effort. Award of Bid: Recreation Outdoor Signage Design and Installation to AJ Sign Co. (12-183) Commissioner Franck moved and Mayor Johnson seconded to award the bid for Recreation Outdoor Signage Design & Installation to AJ Sign Co. of Burnt Hills in the amount of $2,950. Funding has been certified and is in line H3517114 / 54720 / 1069. Ayes - All Page 9 of 18 City Council Meeting 6/5/12 Award of Bid: Spirit of Life Project to Elmore Design Collaborative to Elmore Design Collaborative (12-184) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Spirit of Life project to Elmore Design Collaborative for contract 1 phase A for the preservation landscape architect in the amount of $20,135. Funding has been certified and in line H3036952 / 52000 / 1039. Ayes - All Award of Bid: Water Treatment Plant Filter Upgrade Project for General Construction to Jersen Construction Group, LLC and for Electrical Construction to Stilsing Electric, Inc. (12-185) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for general construction to Jersen Construction Group, LLC in the amount of $1,395,500 for all bid items including the base bid plus alternate no. 1 and for electrical construction to Stilsing Electric in the amount of $123,157 for the entire base bid. Funding has been certified and is in line H3638332 / 52000 / 1184. Ayes - All FINANCE DEPARTMENT Announcement: City Website – New Section: “Transparency” Commissioner Madigan advised they have a new section on the City website titled “Transparency”. Finance has created interactive database visualization based upon actual expenditures and revenues from 2008 - 2011. Deputy Commissioner Bachner showed the public where the new tab lives at the top of the City’s webpage. It is called “Transparency”. The bar graphs show expenditures by department. If you hover over a bar, a line will pop up explaining the expenditures for that year. If you click on a department, the department will show up with a drop down box for every sub-department. This tool allows the user to filter information in many different ways. Announcement: Budget Presentations Commissioner Madigan advised she will be doing 2 budget presentations; June 26th at 7 p.m. and June 28th at 7 p.m. Discussion and Vote: Standard Workday Resolution (12-186) Commissioner Madigan stated this must be filed with the state to confirm and report standard workday for various elected and appointed officials. It validates standard workday hours for benefits. Commissioner Madigan moved and Commissioner Franck seconded to approve the standard workday and reporting resolution as distributed with the agenda. Ayes - All Discussion and Vote: Civil Service Commission Appointment (12-187) Commissioner Madigan stated Commissioner Mains’ appointment expired May 31, 2012. He has expressed interest in writing to remain on the Civil Service Commission. Mr. Mains is well respected by the Page 10 of 18 City Council Meeting 6/5/12 Civil Service Commission and well versed in the procedures of this commission. Commissioner Madigan further explained this is one of the few appointments that any Council member can make. Mayor Johnson stated research has shown since 1964, all appointees to the Civil Service Commission have been made through the Mayor’s Office. Since 1917, there has only been 6 times where someone other than the mayor has brought an appointment for this position forward. He asked why she has brought this forward. Commissioner Madigan stated according to the City Charter, the mayor has specific power of appointment. This appointment is not one of them. Mayor Johnson asked if someone approached her and asked her to do this. Commissioner Madigan stated she received a letter from Mr. Mains so they decided to put this on her agenda. Mayor Johnson stated there is a definite link between the Civil Service Commission and his office. He didn’t receive the courtesy of a phone call asking why Mr. Mains is not being re-appointed. There was no back up on this item until Commissioner Madigan was asked at yesterday’s agenda meeting. An e-mail was received late today stating who is being appointed. He takes exception to the way this has been brought forward. Commissioner Madigan stated she feels she has legal standing to bring this forward. She understands the mayor is referencing precedence. She admits that she should have given the mayor the courtesy of a phone call. Mayor Johnson stated Civil Service by nature and structure is designed so politics doesn’t come into play. You can’t have more than one person from the same political party on the Commission. He has had his disputes with the Civil Service Commission and the City had to sue the Civil Service Commission as the Commission took action on their own without his request that shut down the Building Department. We prevailed in court and found that their actions were illegal. He has respect for Mr. Mains as an individual and professional, but he was part of that Civil Service Commission that shut down our BuildingDepartment. There was another appointment that expired on the Commission while that was unfolding and he could not re-appoint that person even though he has great respect for that person as well. Anyone who sat on that Commission that took that action does not belong on the Commission. This is why he hasn’t brought Mr. Mains forward for re-appointment. He has been speaking with other people, trying to get a different appointment on that Commission. Commissioner Franck stated in 2006 when Mr. Mains was brought in, he voted against him. The reason was he felt Mrs. Catone, who had served and was willing to serve again, should have continued to serve. He also voted against the last lady who was replaced. He will support this for the same reasons; Mr. Mains has expressed interest to remain on the Commission. Commissioner Scirocco stated he too received a letter from Mr. Mains. Bob is a standup guy. He is as good a choice as anyone. Commissioner Madigan stated for public knowledge, his wife is Amy Durland. Mayor Johnson re-stated for the record that his statement regarding the Building Department is a general statement and not meant for any one commissioner. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the appointment of Mr. Mains to the Civil Service Commission to serve a term of 6 years. Ayes – 4 Nays – Mayor Johnson Page 11 of 18 City Council Meeting 6/5/12 Discussion and Vote: Budget Transfers – Payroll (12-188) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget transfers – payroll, which was distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Benefits (12-189) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget transfers – benefits, which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Benefits (12-190) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget amendments – benefits, which were distributed with the agenda. Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Contract with Chazen Co. – Water System Modeling of the City’s Water Distribution System (12-191) Commissioner Scirocco stated this is to develop a water model for the City and assist with chlorine residual consulting. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Chazen Co. for the water system modeling of the City’s water distribution system in the amount of $22,700. The funding is in line H3638332 / 52000 / 1167. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Stantec Consulting Services Co. – Adams Street Pump Station (12-192) Commissioner Scirocco explained Stantec Consulting Services Co. will be performing a study and cost estimate of the upgrades needed at the Adams Street pump station. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Stantec Consulting Services for the Adams Street waste water pump station in the amount of $21,800. The funding is in line H3638122 / 52000 / 1137. Ayes - All Announcement: Paving Schedule Commissioner Scirocco announced the paving schedule for this week as follows: Page 12 of 18 City Council Meeting 6/5/12 o June 4th they will be milling Huestis Court from Lake Avenue to Caroline Street, and milling Van Dam Street from Clinton Street to Tressel Lane o June 5th they will mill Woodlawn Avenue from VanDam Street to Greenfield Avenue o June 6th they will pave Huestis Court and VanDam Street o June 7th they will pave Woodlawn Avenue Discussion and Vote: Resolution Capital Reserve Fund City Water System (12-193) Commissioner Scirocco stated they established a capital reserve fund of $5, $20, and $100 based upon the user’s meter size. These rates were established to offset the cost of water distribution system improvements. Commissioner Scirocco read the following resolution: WHEREAS, the proper and regular maintenance of the City’s water system insures the system’s integrity and efficiency as well as the quality of City water, and WHEREAS, the City Council has established by resolution that, commencing in July 2012, there shall be an additional specified charge on all water accounts in the city, and that additional charge shall be used to cover costs of capital improvements to the water system, and WHEREAS, the Office of the State Comptroller has stated that income from the sale of water may be paid into a capital reserve fund established for improvements to a municipal water system (10 Opinions of the State Comptroller 414). Said fund is a characterized as a reserve fund for a type of capital improvement under section 6-c of the General Municipal Law, NOW THEREFORE, BE IT RESOLVED, that pursuant to the authority in section 6-c (2) (b) of the General Municipal Law, as amended, the City Council of the City of Saratoga Springs hereby establishes a capital reserve fund to be known as the “Water System Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this fund is to accumulate moneys to finance a type of capital improvement, specifically, improvements to the City water system, and be it further RESOLVED, that the Commissioner of Finance is authorized and directed to place in said Reserve Fund such income from the sale of City water as has been designated for such Reserve Fund by resolution of the City Council, and be it further RESOLVED that the Commission of Finance is hereby authorized and directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law. The commissioner of Finance may invest the moneys in the Reserve Fund in the manner provided by section 11 of the General Municipal Law, and in a manner consistent with the investment policy of the City of Saratoga Springs. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The Commissioner of Finance shall account for the Reserve Fund in a manner which maintains the separate identity of the cash and investments of the Reserve Fund, and be it further RESOLVED, that except as otherwise provided by section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purposes for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of the city Council and without such additional actions or proceedings as may be required by law. Commissioner Scirocco moved and Commissioner Franck seconded to adopt the resolution as read. Roll Call: Commissioner Franck – Aye Commissioner Madigan - Aye Commissioner Scirocco - Aye Commissioner Mathiesen - Aye Mayor Johnson - Aye Discussion and Vote: Saratoga County Summer Youth Employment Program (12-194) Commissioner Scirocco advised last year risk and safety, Civil Service, and DPW participated in the Saratoga County Summer Youth Program. The County the City to indicate we are being considered as a work site for 2012 Summer Youth Program. The employees will be part time up to 20 hours per week and will be paid for by the County. Commissioner Scirocco moved and Commissioner Mathiesen seconded to approve the City of Saratoga Springs be a work site for the Saratoga County Summer Youth Program. Ayes - Ayes Page 13 of 18 City Council Meeting 6/5/12 Discussion and Vote: Seasonal Lease – Lena Lane (12-195) Commissioner Scirocco stated this is for approval to sign a lease with 7 Horse Pub and Hattie’s for seasonal use of Lena Lane as an outdoor patio cafe. The Real Estate Committee discussed this at their last meeting and with the Police and Fire Departments. The lease is only for the summer and fall at which time the lane will return to normal use. The appraisal company provided numbers for lease amounts. He would like to vote on something conceptually. Mike Toohey, counsel for the property owners (Joe Mack and Jasper Alexander) stated they are proposing to put a plaza in there for patio dining. The Fire Department stated they could not put a fire truck in there if there was a fire and the Police Department stated their understanding is it is used by pedestrians. They would like to divide the space for outdoor lighting and dining while maintaining pedestrian space. They are proposing $2,000 a year rental. They also request a 5 year lease as they plan to spend approximately $50,000 in that space to give it a feel of a plaza. Both people have run successful businesses. They understand they will have to go in front of the Design Review Commission. The insurance required for a special event coming up is $2 million aggregate and $500,000 property damage. They are willing to abide by that and supply that insurance coverage. All of a sudden included in the proposal they received was an access policy of $5 million each. It makes no sense to him in relation to the liability the City would be exposed to. This is an opportunity to enhance that alley way. Joe Mack advised there is traffic in both directions on that alley way. They would like to stop this from happening. They want to set that area up as a café and add lighting. Jasper Alexander stated one of the issues he contends with is there is nowhere for his customers to wait. Mike Toohey stated this would be a service area only; there will be no additional cooking areas or bars. The improvements will not be permanent. The question asked is what happens if one of the businesses go out of business. If one or the other goes out, the other can operate it. If both go out of business; than it will revert back to the City of Saratoga Springs. He doesn’t see a down side for the City and there is marginal income. Commissioner Franck stated what he is hearing now from public safety is the complete opposite of what he has been hearing for years. A planter or a jersey barrier should be put there to keep people from turning in there with a vehicle. We can work through the insurance situation. Conceptually he can support it. Commissioner Madigan stated she feels it is a great idea but we don’t have anything solid in front of them to vote on. It sounds like negotiations with the City are still ongoing. Commissioner Scirocco stated they sat with Joe Scala as the chair of the Real Estate Committee. He agreed a 5 year lease is more feasible as they are making an investment. Commissioner Madigan confirmed the Real Estate Committee recommended a 1 year lease. Commissioner Scirocco stated that was correct. Commissioner Scirocco stated he would like to provide them with something that states what the City Council is in agreement with. He would like to give them a conceptual approval. Mayor Johnson stated it sounds like everyone here is in agreement this is a good idea. He can’t do anything further without an agreement; that is the City policy. Joe Mack stated they were looking to get patio furniture ordered, etc. Mike Toohey stated he could get a lease to the City Council by the beginning of next week. Commissioner Franck asked when they are going in front of the DRC. Page 14 of 18 City Council Meeting 6/5/12 Mike Toohey stated the 20th of June. Mayor Johnson offered a letter of intent for the purpose of the SLA. He inquired if there will be any kind of gate on either end of the alley or will it always be open for pedestrian access. Joe Mack stated he prefers to leave it open for pedestrian use. Commissioner Mathiesen stated it is important to maintain pedestrian traffic. He has no objections to this. Commissioner Scirocco asked if they can agree on the terms such as a $2,000 fee and a 5 year lease. Mayor Johnson stated the letter of intent on the Larkin Commercial letterhead looks complete except the term is 20 years and we are talking 5 years and the tenant is Mr. Mack. He asked if Hattie’s is going to be on the lease. He suggested a letter of intent and the site plan be attached to the letter of intent. Mayor Johnson moved and Commissioner Madigan seconded to authorize the City to enter into a letter of intent and allow the mayor to sign such letter of the type that is before the Council on the letterhead of Larkin Commercial dated May 1, 2012 to the City of Saratoga Springs proposing leasing Lena Lane for a term of 5 years for annual rent of $2,000 for seasonal use only from April 1st each year to October 31st of each year. This will be between the City and MXMAC, LLC and JBA Restaurant Corp. D/B/A Hattie’s Restaurant. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Contract with Boggan & Sons Construction (12-196) Commissioner Mathiesen stated this involves the refurbishment of the dispatch, reception, and breathalyzer areas of the Police Department. Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Boggan & Sons in the amount $5,212.66. The funds are in line H3146952 / 52000 / 1188. Ayes - All Discussion: Attempted Kidnapping on May 22, 2012 Commissioner Mathiesen stated there was an attempted kidnapping on May 22nd in the area of Congress Street and S. Franklin. Police arrived on the scene within minutes. The suspect fled and attempted to hide but was located within a short period of time. Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 to DeBrino Caulking for General Construction at Lake Ave Fire House (12-197) Commissioner Mathiesen moved and Commissioner Franck seconded for the mayor to sign change orders 1, 2, and 3 with DeBrino Caulking for additional repair of structural issues that have arisen in the demolition of the existing floor system and are in the amount of $19,812. Commissioner Mathiesen stated the funds are in line H3143122 / 52000 / 1172 and H3146952 / 52000 / 1186. Page 15 of 18 City Council Meeting 6/5/12 Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Change Order 1 with Electric Concepts for Electrical Work at the Lake Ave Fire Station (12-198) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign change order with Electric Concepts for additional conduit work as a result of a retrofit and is in the amount of $3,917.35. The funding is in line H3143122 / 52000 / 1172. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 with Collins Mechanical for Plumbing Work at Lake Ave Fire Station (12-199) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign change orders 1, 2, and 3 with Collins Mechanical for the installation of larger water lines to bring the fire house into compliance with the City’s water system. The change orders amount to $45,065. Funding is in lines H3146952 / 52000 / 1186, H314695 / 52000 / 1133, and H3143122 / 52000 / 1172. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Change Orders 1, 2 & 3 with Collins Mechanical for HVAC Work at Lake Ave Fire House (12-200) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign change orders 1, 2, and 3 for Collins Mechanical for additional heating system components needed during the retrofit in the amount of $19,187. Funding is in lines H 3146952 / 52000 / 1132, H3146952 / 52000 / 1133, and H3146952 / 52000 / 1186. Ayes - All Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcohol Beverages to 3:00 am (12- 155) Mayor Johnson stated he will not be voting on this issue or discussing it due to his ownership interest in a couple downtown establishments. He asked to remain in the room to see the videos being presented by Commissioner Mathiesen. Commissioner Mathiesen showed a few videos of Caroline Street that he took a few weeks ago. He wanted to bring the real atmosphere of Caroline Street to the City Council. The night he filmed was relatively a light night; most nights you can’t drive down Caroline Street. Each video showed a number of police officers present including 1 State Police vehicle. They have many police in that area to try to keep things under control. From his observations there is a problem late at night in downtown Saratoga Springs. Problems include public safety, the expense of having the number of police officers there, the reputation of the City, and noise. The objective is to tone down the late night activities, reduce costs to the City, preserve the vibrant night life, protect the reputation of the City, and reduce unnecessary risks to our police officers. Solutions have included enforcement, cooperation of the businesses by training employees and the implementation of the text system, and the reduction in the hours of the sale of alcohol. He has found most establishments are closed before the 3 a.m. hour. The change in hours needs to be a countywide change. They called around in the county and found most establishments in the county are closed by that Page 16 of 18 City Council Meeting 6/5/12 hour. The overtime costs for the Police Department are substantial. He provided additional statistics on taser use and use of force due to late night incidents. He has not seen a study where more alcohol improves things. Commissioner Mathiesen moved and Commissioner Madigan seconded to consideration of the following resolution: WHEREAS, the Saratoga Springs City Council has great appreciation for the historic and contemporary resort nature of Saratoga Springs as a destination for the rest, relaxation, nightlife, and entertainment, and WHEREAS, this City Council has a responsibility to protect the public health, safety and welfare from adverse effects associated with the on-premises sale of alcoholic beverages at establishments licensed to sell such beverages within the City of Saratoga Springs, and WHEREAS, this City Council has taken numerous measures to constrain the adverse effects on the public and City employees tasked with protecting the public associated with the on-premises sale of alcoholic beverages at establishments licensed to sell such beverages within the City of Saratoga Springs, and WHEREAS, this City Council will continue to work with local proprietors to constrain the adverse effects on the public and City employees tasked with protecting the public associated with the on-premises sale of alcoholic beverages at establishments licensed to sell such beverages within the City of Saratoga Springs, and WHEREAS, this City Council recognizes that its partner, the County of Saratoga Springs Board of Supervisors, has the sole authority to exercise one measure to constrain the adverse effects on the public and City employees tasked with protecting the public associated with the on-premises sale of alcoholic beverages, that measure being the county-wide change in the time of last call from 4:00 AM to 3:00 AM; NOW, THEREFORE, BE IT RESOLVED, that the Saratoga Springs City Council asks Saratoga County Board of Supervisors to support a law that will change the permitted hours of on-premises sales of alcoholic beverages at retail in the City of Saratoga Springs, prohibiting such sales on Sundays from 3:00 AM to 12:00 noon, and on any other day from 3:00 AM to 8:00 AM. Commissioner Franck stated in 2010 he was a given a different opinion from the Saratoga County City Attorney advising we could do this at a local level. It did not pass. Also back then he was told many things would be done but were not done. This time around there has been great strides made by the bar owners and gives them credit for making those changes. He feels Saratoga is safe and making it safer is not a bad thing. At this point asking the County to look at brining this to a vote one way or another is not unreasonable. Everything here is reasonable and he will support this. Commissioner Scirocco commended Commissioner Mathiesen for getting this to this point. We need to continue the report with the bar owners and the City; it’s been positive. He does not understand the overtime issue with the police; aren’t they already on duty. Commissioner Mathiesen stated they have to call people in. Commissioner Scirocco stated steps in the right direction have occurred such as TIPS training, and certification of bouncers. He doesn’t see how changing the closing hour to 3 a.m. is going to change anything. We shouldn’t put our destiny in the County’s hands; we should take care of our own destiny. He also asked if this has any affect on the racino. Commissioner Mathiesen stated the racino isn’t putting a drain on our City at that hour of the night. Commissioner Scirocco stated the bar owners have taken the responsibility. Commissioner Madigan thanked Commissioner Mathiesen, the bar owners, and John Baker specifically for working together. Employees have all been TIPS trained and security is easily identifiable at the door. A lot of positive things have happened. Regardless of the hour of last call, we always need a police presence downtown. The City Council cannot vote to change last call; they are voting to send this to the County for a ruling. If that ruling is ‘yes’, then the recommendation will go to the State Liquor Authority. She has no problem doing that; it is time. She will be supporting the resolution to ask the County to do this. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Nay Page 17 of 18 City Council Meeting 6/5/12 Commissioner Mathiesen - Aye SUPERVISORS Joanne Yepsen Truth in Taxation Local Law Supervisor Yepsen advised their County attorney provided them with a draft of the local law. They passed the law in the Legislative and Research Committee yesterday. Language will be put on the annual tax bills of all the mandates. Occupancy Tax Local Law Supervisor Yepsen advised the County attorney and the County Treasure made a presentation at their meeting yesterday. The County has adopted all the changes the state has made to date. The proposed local law the County is drafting will not take effect until October 1st. June County Meetings Supervisor Yepsen advised she has a calendar of all the board meetings. She will leave a copy in the Mayor’s Office. Matt Veitch Nothing at this time. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation at 10:52 p.m. The Council returned at 11:20 p.m. at which time Mayor Johnson reported nothing was resolved; therefore there is nothing to report to the public. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 11:21 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/3/12 Page 18 of 18 City Council Meeting 6/5/12 Vote: 5 - 0 Page 19 of 18