City Council

October 15, 2012 CITY OF SARATOGA SPRINGS City Council Pre- Agenda Meeting PRESENT: John Franck, Commissioner of Accounts Michele Madigan, Commissioner of Finance Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Scott Johnson, Mayor (arrived 9:45 AM) STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney Matthew Veitch, Supervisor EXCUSED: Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW ABSENT: Joanne Yepsen, Supervisor CALL TO ORDER Commissioner Madigan called the meeting to order at 9:43 a.m. PUBLIC HEARINGS Commissioner Madigan announced there are two public hearings scheduled for the City Council meeting including “Amend 2012 Capital Budget” at 6:40 PM and the first public hearing on the 2013 Comprehensive Budget at 6:45 PM. Commissioner Mathiesen stated that they must postpone the amendment to the 2012 Capital budget regarding the Lake Avenue Fire Station roof replacement because the bids for the project came in higher than anticipated; they have to fix the cornice. They are going to have to re-examine the project before following through with an amendment. Because the hearing has already been noticed, if someone wants to speak it is ok, but they are not ready to follow through with the amendment at this time. Commissioner Madigan said the public hearing on the 2013 Comprehensive Budget is the first of the required public hearings on the City’s comprehensive budget for 2013. PRESENTATIONS Commissioner Madigan said there are two presentations scheduled. The first presentation is the National Grid Tree Line clearance. And the second is the Spa Solar Park Project Proposal. The National Grid Tree Line Clearance involves two people, one representing the community interest and the other a supervisor from National Grid explaining their method of tree trimming, how and why they trim trees. Commissioner Madigan said that the Spa Solar Park Project Proposal is an explanation of that project which will eventually require an RFP. City Council Pre-Agenda Meeting October 15, 2012 EXECUTIVE SESSION The Proposed Purchase or Disposition of Real Property or Securities. Commissioner Madigan stated she has not been made aware of specifically what this is about. She is not even sure who requested the executive session. She hopes that when he arrives, the Mayor can advise the Council what the executive session is about. CONSENT AGENDA 1. Approval of 8/21/12 City Council Minutes 2. Approval of 9/17/12 City Council Pre-Agenda Minutes 3. Approval of 9/18/12 City Council Minutes 4. Approve Budget Amendments (Increases) 5. Approve Budget Transfers - Regular 6. Approve Payroll 10/05/12 $414,569.92 7. Approve Payroll 10/12/12 $394,889.62 8. Approve Warrant 2012 Mid – 12MWOCT2 $106,075.82 9. Approve Warrant 2012 Reg – 12OCT2 $810,250.46 No comments on the above. MAYOR’S DEPARTMENT 1. Discussion and vote: approve multi-team sponsor fees John Hirliman of the Recreation Department stated he is seeking Council approval to adjust the fees for sponsors of multiple teams of the Youth Basketball League; currently the cost to sponsor one team is $275, and approval is being sought to charge those who sponsor more than one team $250 per team. 2. Announcement: Winter Programs Registration John Hirliman said he will be announcing all winter programs, fees and registration dates. 3. Discussion and Vote: Approve the 3 v 3 Tournament John Hirliman stated he will be discussing and seeking City Council approval to host the three on three basketball tournament in February. Commissioner Madigan asked the age level of the participants and John Hirliman replied that the tournament is for those 18 years and older. 4. Discussion and Vote: Proposed amendment to National Grid lease on Weibel Avenue Mayor Johnson said that the Council has before them the renewal of the lease that the City has had for a number of years, about ten years, which was originally with Niagara Mohawk, now National Grid for the space they lease from us on Weibel Avenue. . The proposed lease is for ten years, five years with five years renewal and the good news is that the rental has increased from $5,000 per month to $15,600 per month bringing the revenue from $60,000 to $187,200 per year. Commissioner Mathiesen asked if the Real Estate Committee had determined the value and Mayor Johnson replied that they did not. Commissioner Madigan said that the money currently goes into a reserve account and since there is already a substantial amount of money in that line, she would like to work with DPW to determine what could be done differently with that money, perhaps something for equipment that could benefit all departments. Commissioner Madigan expressed concerns about setting rents through the year 2022 because it might tie the hands of future Commissioners although originally the contract was set up in case DPW wanted to move into that facility and it seems clause number 4 provides a two-year cancellation notice on the contract. She said although the rent is excellent, she is Page 2 of 9 City Council Pre-Agenda Meeting October 15, 2012 not sure if anyone else shares the concern about setting rents for 2022 in 2012 and having a requirement of a two-year notice for cancellation. Mayor Johnson explained that the term of the lease and the two-year cancellation clause came about primarily to address the needs of National Grid. They need a two-year notice to provide time to move their equipment and find a new location. He did realize that to set things out that far would require a termination clause and they agreed to the two years. He said discussions with Commissioner Scirocco indicate that there does not seem to be a need now or in the foreseeable future for DPW to reclaim that space. Commissioner Scirocco reminded the Council that the lease was originally a five- year agreement. Commissioner Franck stated from his standpoint a five-year contract is standard for a commercial lease and it usually includes a 120-day clause for cancellation but because of equipment and the need for retrofitting capabilities the inclusion of a two-year cancellation notice is not out of line for either side. He noted that when he first took office that National Grid was considering moving out to Brook Road and that was going to take awhile because they would have to build a facility. Mayor Johnson said there is a lot a logistics involved for them to change locations. 5. Set Public Hearing: Amend the 2012 Capital Budget Mayor Johnson explained this is for the final change orders to the parking garage project. He will have the final amount by tomorrow evening and it looks to be about $68,000 but that does not include the charging stations to date- he is trying to get all the amounts together to present a final figure. 7. Discussion and Vote: Easement Agreement for 19 Benedict Street Assistant City Attorney Tony Izzo explained that this is an effort to close a loop. A few years ago the property owner of 19 Benedict Street, Sarah Foulk was approached by the Department of Public Works to grant a fifteen-foot wide easement across her property for the purpose of drainage infrastructure. She allowed the easement at no cost to the City. However, aside from her having signed the document, there does not seem to be a file anywhere on this action in DPW, the City Attorney’s office or anywhere. She has generously offered to re-execute that document, changing the dates and she has done so and given us a signed copy and it is now up for approval from the City Council – the easement is in place. 8. Announcement: American Planning Association Award No Comment 9. Announcement: Parking Garage Grand Opening Mayor Johnson said the ribbon cutting will be held Thursday afternoon at 4:30 PM with a party to follow on the rooftop of the parking garage. Commissioner Madigan asked Mayor Johnson to explain the purpose for the Executive Session. Mayor Johnson explained that the Executive Session came out of the Real Estate Committee regarding a recommendation from them for the disposition of a piece of City-owned property on Alger Street. ACCOUNT’S DEPARTMENT 1. Appointment: Commissioner of Deeds Commissioner Franck stated that he is appointing Sheila Brooks as Commissioner of Deeds because she is filling in for a staff member that is going out on maternity leave. 2. Discussion: Sample Ballot for Charter Change Commissioner Franck stated that he plans to present the sample ballot and explain the ballots because they are confusing this year. The Charter question is on the back of the ballot and he wants Page 3 of 9 City Council Pre-Agenda Meeting October 15, 2012 to be sure the newspapers and the public understand them because it is easy to be confused since it is a two-sided ballot. FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to sign contract with Troy & Banks for Expense reduction Services Commissioner Madigan said there is no cost for this contract. Any kind of percentage we receive will depend on the amount Troy and Banks finds based on an energy audit that they will do on past bills the City has paid so what we reimburse Troy & Banks for depends on what kind of credit we get, if we receive a credit at all. Many municipalities are doing this type of energy audit and many have seen large reimbursements in this expense-reducing process. We do not know what we will find, but there is no cost for this service. They will go back six years reviewing all utility and gas bills and it has been close to ten years since the City has done this. 2. Discussion: 2013 Comprehensive Budget Commissioner Madigan stated there will be a summary of the first budget workshop. She reminded the Council that the next workshop is scheduled for Wednesday October 17 at 1 PM; Public Safety and the Accounts departments will be addressing their budgets and open discussion will be available to all immediately following. She asked that anyone submitting budget changes use the form that was distributed at the last budget workshop. 3. Set Public Hearing: Second Public Hearing for the 2013 Comprehensive Budget Commissioner Madigan stated she will be setting the second public hearing for the 2013 Comprehensive Budget and she will be leaving that one open until we vote to pass the budget. 4. Discussion and Vote: Budget Transfers – Payroll No comment 5. Discussion and Vote: Budget Transfers – Benefits No comment 6. Discussion and Vote: Budget Transfers – Contingency No comment Commissioner Madigan advised she is contemplating adding an item to her agenda regarding discussion and vote Synthesis Architects- the issue has been ongoing for a couple of years and it is time it was dealt with. Mayor Johnson said that Synthesis sent over some information that his office is currently reviewing and he hopes to have a final figure in a week. Commissioner Madigan said she would not be adding the item at this time and will give the Mayor time to produce a final figure; she asked the Mayor to keep her informed on the situation. PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign an agreement with Action Equipment and Supply LLC Commissioner Scirocco said the City bought a new VacCon about one year ago and the other is sitting around and is of no use to the City. They have been approached by a lease company. He said that DPW has had two pieces of equipment in the capital budget for some time, one is a sixty-foot lift Page 4 of 9 City Council Pre-Agenda Meeting October 15, 2012 and the other is a small excavator so DPW is considering a swap of our old VacCon for their lift and small excavator. It would be an even swap. Commissioner Madigan asked if this has been done before and Commissioner Scirocco responded that de does not know but the VacCon has been appraised for $75,000, the lift was appraised at $50,000 and the small excavator was valued at $25,000. He explained that there is no where to store the VacCon and it can’t be left outside because it has water in it and the two pieces of equipment would be used almost daily. The lift is handy for roof work and window washing and the excavator is useful to access small areas that are not large enough to accommodate our backhoes. This is an even exchange of equipment. Commissioner Scirocco stated that the mechanics have checked out all the equipment and although the City is taking a chance since there are no warranties offered by the City or by them, the equipment has been well maintained; the lift only has about two hundred hours on it and it is a 2009. 2. Discussion and Vote: Authorization for Mayor to Sign an agreement with the Saratoga Springs Preservation Foundation-Spirit of Life Commissioner Scirocco stated that the City and the Preservation Foundation are working in a partnership to restore the Spirit of Life sculpture. There has been a couple of fundraisers and now this is an agreement to solidify the partnership between the City and the Preservation Foundation that puts the terms on the table- specifying what they are required to do and what the City is required to do. He plans on going into more detail at the Council meeting. 3. Discussion and Vote: Authorization for the Mayor to Sign an Amendment – Water Sales and Distribution Agreement Commissioner Scirocco said a copy of the amendment has been distributed to the Council. Commissioner Mathiesen asked if it is possible to make the agreement more specific to this project and less open-ended. It seems to be an open-ended amendment that would allow future sales at any given time based upon the determination of the Department of Public Works. He said it would make more sense to specify that we are allowing the sale of water to Floral Estates and it would also make sense to call for public hearings for future sales of City water to other municipalities. Commissioner Scirocco does not disagree with the aspect of public hearings regarding other municipalities, but there is an existing agreement with the Wilton Water and Sewer Authority so a public hearing is not necessary. Commissioner Mathiesen said this amendment should be more specific to the sales to Floral Estates than the way it is worded now which is more open-ended. He clarified that the concern was not in regard to capacity but rather to future sales because the way he reads the agreement it was not specific to water sales to Floral Estates, but more for water sales in general. Commissioner Scirocco said he did not read it that way; they were looking at the capacity. Commissioner Mathiesen said the agreement does not address the issue of geographic area limitations; for example clause 5A that is specific to commercial zones in the Town of Wilton and this is not a commercial zone so it would make more sense to have an amendment specific to Floral Estates. Commissioner Scirocco said he is not sure that we want to limit it to the sale of water to Floral Estates because we are not selling water to the Floral Estates; we are selling water to the Wilton Water and Sewer Authority. When the City sells water to the Wilton Water and Sewer Authority for the commercial area out there, they can pretty much sell the water wherever they want within the commercial area. The City does not restrict the sale of water intended for the commercial area to any one specific place. Assistant City Attorney Tony Izzo said the only agreement in place is the sale of water to the Wilton Water and Sewer Authority. The proposal currently before the City Council relates to the flexibility of the meter. It does not talk about selling water to Floral Estates or any other entity or body other than the Wilton Water and Sewer Authority as has been in effect since the original agreement. Page 5 of 9 City Council Pre-Agenda Meeting October 15, 2012 Commissioner Mathiesen asked that since this agreement addresses the issue of geographic limitations as to where water can be sold, does it still exclude Floral Estates? Assistant City Attorney Tony Izzo responded that the original agreement and the 2001 amendment were silent about geographic area. All we really have is the sale of a specific number of gallons of water to the Wilton Water and Sewer Authority under the conditions of those agreements as they were presented back then. This proposal simply addresses one concern which is the single meter language and it makes that more flexible; this proposal only makes the meter operation more flexible. Commissioner Madigan said it is too flexible; she said that the clause “all potable water to be supplied by the City to the Authority will flow through this meter” was deleted and replaced with “all potable water to be supplied by the City to the Authority will flow through this meter and/or through other meter or meters as may be established from time to time for that purpose”. She said the statement is too broad; it needs to specify the specific meter near Floral Estates. Commissioner Scirocco interjected that the City is selling water to the Wilton Water and Sewer Authority not to Floral Estates. Commissioner Madigan said she understands that but the amendment has left it open-ended to put more meters in any time and she does not feel that would be appropriate. Commissioner Scirocco said we do not want to make it too specific; the Wilton Water and Sewer Authority can direct the water where they want under the terms of this contract; the agreement should not specify Floral Estates. Commissioner Madigan said that the amendment should specify which meter the water will flow through; and now it states that the water has to flow through Weibel Avenue but the agreement leaves it too open regarding the meters. She said that if the City wants to sell water to the Wilton Water and Sewer Authority, the agreement should specify where the meter is going to be and that is the meter the water will flow through, not just any meter form time to time. Commissioner Scirocco said the meters can be anywhere or any place, the water is going to Wilton; we are charging Wilton three times the rate. Commissioner Madigan said then meters can be placed anywhere you want in the Town of Wilton. She is not sure that the citizens of Saratoga Springs are going to be comfortable with the open ability to place meters anywhere at any time. Floral Estates does not have to be specified, but this amendment has left it too open with the number of meters. Commissioner Scirocco stated the meters can be anywhere or any place, the water is being sold to Wilton, we are charging Wilton three times the rate; this brings in additional revenue. There are water projects that the City needs to pay for that cannot be paid for out of the general operating budget. The intent of the contract back in 1997 was to generate revenue for the City’s infrastructure improvements, which is what this is all about, but if you do not want to do it, we won’t. He said it makes sense to do this and for the most part, we have addressed every issue the Council has brought up. Mayor Johnson commented that he thought this was agreed upon. Commissioner Madigan responded that she had indicated being uncomfortable with the open-endedness of the meters. She feels the issue of commercial versus residential water was addressed by the City Attorney but she did forward another City Attorney’s opinion because two other City Attorney’s opinions were brought upat the last Council meeting. She felt the issue of the meter was not addressed, and held a discussion with Assistant City Attorney Tony Izzo where he stated his opinion which she told him was still too open-ended with regards to the meter since it should be very specific about which meter the water flows through and the location of that meter instead of leaving it that meters can be placed anywhere in the Town of Wilton to let water flow through them. Commissioner Scirocco said that the City owns no infrastructure or meters within the Town of Wilton so wherever the Town of Wilton wants to place the meter, if the agreement is to sell them water, he does not see what the problem is regarding meter placement. The issue of the commercial area has been addressed. Page 6 of 9 City Council Pre-Agenda Meeting October 15, 2012 Commissioner Mathiesen does not disagree with the idea of selling water to Floral Estates; there should be cooperation between the City and the Town of Wilton. Commissioner Scirocco said the City is selling water to the Wilton Water and Sewer Authority, based on a contract that was negotiated back in 1997. Commissioner Mathiesen said the Town of Wilton will supply that water to the Floral Estates. There is a line owned by the Wilton Water and Sewer authority that has been established to supply the water to Floral Estates and the water in that line will be supplied by the City of Saratoga Springs and there will be a meter. Commissioner Scirocco noted that a considerable amount of business regarding the sale of water at Exit 15 has been lost; the amount has gone from 42 million gallons per year to one million gallons per year, amounting to a significant reduction in revenue. Commissioner Mathiesen stated that he is in favor of this and he believes this would not place a significant strain on the City’s water system and the revenue and the idea of cooperation between Wilton and the City of Saratoga Springs is good. The City should support the developers that were working last November under the assumption that water would be provided out there and it would not be fair to them now for the City to interfere with that so he would like to have the amendment be more specific to providing the sale of water to this specific area of the town. He said that under the original agreement there were limitations in terms of the areas where that water could be supplied, it seemed to be limited to the commercial zones out by the mall and this amendment seems to be inconsistent with that although he is not sure how this restriction should be addressed. Tony Izzo responded that if the City Council views this proposed amendment as too flexible and they want to specify the locations of the meters, he can do that. Regarding commercial versus non- commercial, part of the contract includes restrictions and part does not so there is some flexibility inherent in the contract. This proposal simply addresses the placement of the meter. Commissioner Mathiesen said so in your opinion the issue about the commercial zone would not restrict sales to this part of the town which is obviously residential. He asked if it is possible and would it make sense to specify within this amendment that we are dealing with this particular line and this particular meter. Commissioner Scirocco responded that he does not understand this. There are two meters on Louden Road and the City currently has two accounts with the Town of Wilton. This meter would go on Ingersoll Road in the Town of Wilton and it would be their meter, their infrastructure, and they are paying for it. Commissioner Mathiesen said this would, then, be one additional line and one additional meter so why not amend the agreement on a step by step basis in the future so that this would be one step to allow the sale of water to this specific area of Wilton and if there are future agreements to be made, they would have to come before the City Council and there would be a public hearing and each agreement would be made as they came up as opposed to this proposal which seems to be a blank check. Commissioner Scirocco explained that the way the infrastructure runs out there, the City happens to have a line that is out on Ingersoll Road between the Floral Estates and Wilton’s second piece but outside of that there is nothing out there to involve them tapping into our lines. He asked if it is being requested to amend the proposal to state exactly the number of houses or the number of commercial developments. Commissioner Mathiesen said he wants this proposal to specify which line, which meter and the specific part of Wilton as opposed to this proposed amendment. If it is more specific, the City Council would probably be more comfortable. Mayor Johnson said the pivotal issue is that this meter needs to be approved, not additional meters in the future. He asked if Commissioner Scirocco is agreeable to amend the proposal to authorize only the use of this new meter. Commissioner Scirocco replied that he is agreeable to that because there is no place in the Town of Wilton for us to place another meter unless we replace the two meters on Louden Road or this meter; there is no other infrastructure for them to reach to tap into the City’s Page 7 of 9 City Council Pre-Agenda Meeting October 15, 2012 water system. Commissioner Mathiesen said he is comfortable with that. He asked Assistant City Attorney to tweak the wording to reflect this. Tony Izzo said to recap, there is now an existing agreement with one entity, the Wilton Water and Sewer Authority, a certain number of gallons specified that can be sold in that agreement and one meter designated for the location and you want to work from there. Additional items Commissioner Scirocco said he would be adding two items to his agenda. On October 20th the DPW is hosting a household hazardous waste day and he wants to announce that at the Council meeting. The other item is to announce a public meeting for the Ballston Avenue Reconstruction Project. City Engineer Tim Wales said they have scheduled a public information meeting Thursday October 25 at the Recreation Center from 6:30 PM to 9:00 PM. They have previously had meetings with property owners and business operators from the project area a few weeks ago and now, as part of the funding package they are required to hold a public information session. The public will have an opportunity from 6:30 to 7:00 PM to view boards and maps to see what is intended for the project and at 7:00 PM the project consultant, Greenman-Pedersen will make a presentation to be followed by a period of questions and answers. Commissioner Madigan asked about the agreement with the Saratoga Springs Preservation Foundation specifically article 3-H which states that the Council must grant an easement by 12/31/2014. She understands that this Council cannot require a future Council to grant an easement so the date should probably be changed to 12/31/13. Mayor Johnson said this agreement will expire at the end of 2013; it is intended to be in place only while the Spirit of Life is being restored. Deputy Finance Commissioner Lynn Bachner said there is a clause in this contract requiring the City Council to sign an easement agreement by 12/31/14, yet in prior versions of the same contract the date presented was 12/31/13, so this might be an oversight but if it is not, we were confused about whether this Council could legally require another [future] Council to sign an easement and since it seems that you want to do this right away, she wanted someone to double-check that date in article 3 Section H. Mayor Johnson said that the purpose of the easement is for the protection of the Preservation Foundation in terms of an exchange for their contribution towards the project, they get an easement that nothing would change, like an insurance agreement. Deputy Commissioner Bachner said the concern is that the date in the contract by which the easement must be signed goes beyond the timeframe of the current administration. Mayor Johnson said he is unsure how the prior versions were worded but he can look into it today. PUBLIC SAFETY DEPARTMENT 1. Announcement: Public Meeting October 23, 2012 at 7:30 PM at the Public Library Commissioner Mathiesen said the public meeting will be in held Tuesday October 23 at the Public Library in the Sussman Room at 7:30 PM. He is taking the opportunity to meet with the public regarding any public safety or city government issues to afford the public to have some give and take on any issues they would like to raise with him. The meeting will run from 7:30 PM to about 8:45 PM. 2. Set Public Hearing: Amend Chapter 136 of the City Code- Lodging and Eating and Drinking Establishments Commissioner Mathiesen said he will set the public hearing for about five minutes. Additional Items Page 8 of 9 City Council Pre-Agenda Meeting October 15, 2012 Commissioner Mattheisen said he would like to add two items to his agenda. One item is discussion on an article in the Saratogian on October 14, 2012 regarding Ambulance Service and the other item is to discuss another article that was in the paper and on blogs regarding a gambling raid in Saratoga Springs last week. He would like to discuss the article in order to clear up some misinformation. SUPERVISORS JOANNE YEPSEN 1. Resolutions from Full Board October Meeting 2. Commissioner of Department of Social Services Appointment 3. Capital Region Sustainability Plan (Cleaner Greener Initiative) and Climate Smart Communities. Supervisor Yepsen was not in attendance to discuss her agenda items. MATTHEW VEITCH Supervisor Veitch advised he will be updating the City Council on the Mental Health Facility move, the Public Safety Committee meeting held last week, the Trails Committee meeting held a few weeks ago and the Technology Committee meeting held last week. He said he would be adding a fifth item, the announcement of the Office for the Aging’s Public Hearing on their 2013 plan.. ADJOURN Mayor Scott Johnson adjourned the meeting at 10:40 a.m. Respectfully submitted, Nancy Wagner, Clerk Approved: 11/5/12 Vote: 5 - 0 Page 9 of 9