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City Council

Regular Meeting

Saratoga Springs, NY · October 16, 2012

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Minutes

October 16, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:40 PM – PH – Amend 2012 Capital Budget 6:45 PM – PH – 2013 Comprehensive Budget 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. National Grid Tree Line Clearance 2. Spa Solar Park Project Proposal EXECUTIVE SESSION: The proposed purchase or disposition of real property or securities. 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 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approve Multi-Team Sponsor Fees 2. Announcement: Winter Programs Registration 3. Discussion and Vote: Approve the 3 v 3 Tournament 4. Discussion and Vote: Proposed Amendment to National Grid Lease on Weibel Avenue 5. Set Public Hearing: Amend 2012 Capital Budget 6. Discussion and Vote: Easement Agreement for 19 Benedict Street 7. Announcement: American Planning Association Award 8. Announcement: Parking Garage Grand Opening ACCOUNTS DEPARTMENT 1. Appointment: Commissioner of Deeds 2. Discussion: Sample Ballot for Charter Change City Council Meeting 10/16/12 FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Troy & Banks for Expense Reduction Services 2. Discussion: 2013 Comprehensive Budget 3. Set Public Hearing: Second Public Hearing for the 2013 Comprehensive Budget 4. Discussion and Vote: Budget Transfers – Payroll 5. Discussion and Vote: Budget Transfers – Benefits 6. Discussion and Vote: Budget Transfers - Contingency PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Action Equipment and Supply LLC 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Saratoga Springs Preservation Foundation – Spirit of Life 3. Discussion and Vote: Authorization for the Mayor to Sign an Amendment – Water Sales and Distribution Agreement 4. Announcement: Household Hazardous Waste Day 5. Announcement: Public Meeting for the Ballston Avenue Reconstruction Project PUBLIC SAFETY 1. Announcement: Public Meeting October 23, 2012 at 7:30 p.m. at the Public Library 2. Set Public Hearing: Amend Chapter 136 of the City Code – Lodging and Eating and Drinking Establishments 3. Discussion: October 14, 2012 – Saratogian Article Regarding Ambulance Service 4. Discussion : October 5, 2012 – New York State Police Investigation 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 Matt Veitch 1. Mental Health Facility Move 2. Public Safety Committee 3. Trails Committee 4. Technology Committee 5. Announcement: Saratoga County Office for the Aging Public Hearing ADJOURN Page 2 of 14 City Council Meeting 10/16/12 October 16, 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 Matthew Veitch, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS Amend 2012 Capital Budget Commissioner Madigan opened the public hearing at 6:51 p.m. Commissioner Mathiesen stated some changes have occurred since they set the public hearing regarding the type of work that will need to be done at the Fire House for the cornice. They will bring this back at the next meeting in early November when they should have all information they need on this issue. No one spoke. Commissioner Madigan concluded the public hearing at 6:54 p.m. and left it open. Page 3 of 14 City Council Meeting 10/16/12 2013 Comprehensive Budget Commissioner Madigan opened the public hearing at 6:54 p.m. William McTygue of 15 York Street stated there was an item in the capital program for $200,000 for DPW for ongoing work at the Bog Meadow site. His concern is that this project needs to be identified in scope, a comprehensive plan, and cost. The SEQRA requires all projects to be made public including costs, comprehensive plan and public comment. He does not believe this amount is enough to cover what is going to happen with this project. It is not just putting in water lines but constructing the water treatment plant to some extend. Charles Brown of 10 Perry Street stated the concern he has is a decision was made by one commissioner to allow water to go outside our community. This is the first time residential water was sold. We are waiting now to speak about other topics because of procedure. We should go through the entire process for the sale of water. Commissioner Madigan suggested these comments are better served under the public comment section. Peter Tulin of 40 Sarazen Street stated he noticed there is $200,000 allocated to upgrade the water system on Ingersoll Road to serve 18 residents. He learned from Commissioner McTygue years ago that next to our residents our most valuable asset is our water. He not sure from looking at the budget what these dollars are specifically allocated for. Commissioner Madigan stated she believes there is more to the project than Bog Meadow included for the $200,000. Commissioner Madigan concluded the public hearing at 7:05 p.m. and left it open. **Commissioner Madigan called for a short recess to allow Commissioner Scirocco and Mayor Johnson to join the meeting. CALL TO ORDER Mayor Johnson called the meeting to order at 7:17 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 7:18 p.m. Charlie Morrison of 88 Court Street state there are too many unanswered questions regarding the sale of water to Wilton. The Council should require from DPW a written explanation of the full scope and purpose of the project. Why is the City drilling wells at the expense of its taxpayers to supply water to Wilton? Why isn’t Wilton drilling wells on their own side of the boarder? Something else is going on. This means building and maintaining infrastructure similar to the Geyser Crest wells will be required and not inexpensive. He questioned if this is what the $200,000 in the capital budget is going towards. Nancy Goldberg of 66 Sarazen Street is here representing the East Side Public Safety Committee. They were here at the end of August and was told by the mayor to contact people. They submitted Page 4 of 14 City Council Meeting 10/16/12 approximately 430 signatures on a petition. There are 1,571 units on the eastern ridge housing 3,545 people and takes 9 to 21 minutes to get out there. It is time for the City to take action to protect their citizens. William McTygue of 15 York Street stated he addressed the Council in August regarding the water investments into City water on Ingersoll Road. He is still waiting for DPW’s explanation of what they are doing out there. He stated the City does not have excess water to sell outside the City. He suggested the City back-up and relinquish the idea of selling water to the 18 lots already set up. Alan Turkheimer of 158 Woodlawn stated the term domestic means potable. The city attorney should review his decision as his decision could be overturned. Nancy Goldberg asked if the County is opening a mental health institution on South Broadway. Mayor Johnson stated we will get a report on this from the County tonight. Nancy Goldberg stated it is taking away our taxable land and she wishes that would stop. John Kaufmann of 44 White Street stated he submitted a FOIL to the Mayor’s Office on August 31, 2012 regarding the demolition of properties on Allen Drive by the Saratoga Springs Housing Authority. He thought his request was cleared. He knew the building was taken down without the proper permit but was also looking for the proper procedures and penalties for doing so. October 11th he received a letter from Joseph Scala advising the City had nothing relating to his request. He found the documents with the help of a retired City employee and forwarded them to the City Council. He received a follow up letter from Mr. Scala re-affirming the building on Allen Drive was demolished without the appropriate permits and they would be investigating the incident and be taking the appropriate action. Since the mayor will be investigating his own office, he wondered who will be carrying out the investigation and when a report of the findings will be available. The handling of his request was flawed and unacceptable. Samantha Bosshart, Executive Director of the Saratoga Springs Preservation Foundation, stated she is here to request the Council’s support on the partnership agreement before them tonight. They are committed to the restoration of the Spirit of Life. They have spent over 600 hours of staff time, writing requests for proposals, and grant writing. They have raised $66,000 to date towards this project. Charlie Brown of 10 Perry Street stated his concern is 2 precedents may be being set regarding water. This opens the door to resident use. Another concern is one department went forward with this and not the Council. The public was also not allowed to comment on this. For the past decade, we have used our roads for political signs and understand there are rules and regulations. Last week all the signs came down without being told that was going to happen or why. He is concerned that again one department has made a decision to change something that has been the way for a long time. Again, if a change has been made, he would hope that it would be announced that the change occurred and why. Patrick Kane of 19 Marion Place stated he agrees with Mr. Brown about the amount of signs that were pulled up. He went to the transfer station to try to recover some signs and was told they were thrownaway. It is great news that there is an opportunity to sign an extended lease with National Grid. This was a viable opportunity for City to generate revenue for years and have done nothing. That is mismanagement. Mayor Johnson closed the public comment period at 7:45 p.m. PRESENTATION National Grid Tree Line Clearance Commissioner Scirocco introduced John Murphy and Michael Freed from National Grid. They will address the National Grid Tree Line Clearance. Page 5 of 14 City Council Meeting 10/16/12 Michael Freed explained they come to Saratoga Springs every 5 years to trim back trees. This is to avoid outages and damage to wires. The minimum clearance above the wire is 10 feet but they try to get 15 feet. They follow the ANSI A300 standards in tree trimming. They clean up all the debris created from their maintenance and leave any burnable wood for the homeowner. National Grid will send a letter to the homeowners in advance of them coming into their area to do routine tree trimming. Customers can call 1- 800-642-4272 to have National Grid investigate a tree for trimming at any time. Commissioner Scirocco thanked National Grid, Michael Freed and John Murphy for coming and providing this information. Spa Solar Park Project Proposal Commissioner Madigan stated Sustainable Saratoga is here to present a proposal for the City to utilize the Weibel Landfill for solar panels. Larry Toole is here to make this presentation. She will be issuing an RFP for this project. Larry Toole of Sustainable Saratoga thanked Commissioner Madigan for allowing their organization the time to present tonight. He hopes City Council will embrace this and move forward. Sustainable Saratoga is a not-for-profit organization focused on sustainability. Their website is www.sustainablesaratoga.org. There is an opportunity to farm sunlight on the Weibel Avenue Landfill site. Other cities have successful solar landfill projects. Special considerations have to be made regarding ground settlement. In our case they don’t feel that would be much of an issue and the landfill is over 20+ years old. Another consideration is grid connection. Mr. Toole stated they have broken this project up into 2 phases. Phase 1 is 1 mega watt array on the landfill for City government use. Phase 2 is an additional 1 mega watt solar array for use by City businesses and residents. They have a financial model that projects out 25 years. They have found a way that this can be done without the City putting out any money. There are points where the City can opt out of this. Phase 2 would be funded by interested businesses and/or residents. The next steps over the next several months include: the City prepares a RFP; identify a solar developer to work with and submit application to NYSERDA; negotiate a power purchase agreement with solar developer is funding received from NYSERDA; and install solar panels. Mr. Toole stated for the record that his spouse works for the City and no one with Sustainable Saratoga is affiliated with any solar developers. Mayor Johnson stated it is his understanding that much of the solar initiatives have been stalled or failed due to state legislation. He asked what the largest obstacle is at the state level. Mr. Toole stated every state is struggling this way to promote solar energy. They think next year there will be additional legislation that will pass that will make this more possible. Mayor Johnson asked how long the process has been on average regarding buy back. Mr. Toole stated the Phase 1 concept has been done many times. They believe there are national and international developers that would look at our Phase 2 and bid on the proposal. Funding is becoming available next year for projects like this. Commissioner Madigan stated she feels this is a great time to move forward on a project like this. CONSENT AGENDA Page 6 of 14 City Council Meeting 10/16/12 Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 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 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approve Multi-Team Sponsor Fees (12-337) John Hirliman stated they are looking to update their current fee structure and add a fee of $250 for multiple team sponsorships. Mayor Johnson moved and Commissioner Scirocco seconded to approve the fee as described. Ayes - All Announcement: Winter Programs Registration John Hirliman stated they are registering for basketball on a first come first serve basis. They are ending registration on October 22nd but will accept late registration if there is room. There is also kinderstake registration, zumba registration, pickleball registration, and a walking program. Discussion and Vote: Approve the 3 v 3 Tournament (12-338) John Hirliman stated they are looking for approval of their 3 on 3 tournament in February. It is a one day tournament for 18 years old and older. Mayor Johnson moved and Commissioner Scirocco seconded to approve the tournament as described. Ayes - All Discussion and Vote: Proposed Amendment to National Grid Lease on Weibel Avenue (12-339) Mayor Johnson stated this agreement started in 1997. The amount of rent now being proposed under the new lease does recoup any fees the City may have lost out on for having additional rent during that timeframe. Commissioner Madigan thanked Mayor Johnson for his clarification to recent comments. She supports a 10 year contract but is concerned that after the first 5 years, the increase is only 2% for years 2017 – 2020 and another 2% for the last 2 years 2020 – 2022; it’s a nominal increase when we go that far out. She asked if he would be willing to place a clause in the agreement allowing the City to renegotiate. Mayor Johnson stated National Grid has constraints as to what they can agree to as a utility company. They were unable to commit further out than 10 years. Page 7 of 14 City Council Meeting 10/16/12 Commissioner Scirocco stated this is a win/win. National Grid is a good neighbor to have inside the City. Mayor Johnson stated he did check with Commissioner Scirocco as the negotiations were going on. Commissioner Mathiesen stated the previous agreement stated any improvements to the property would be turned over to the City. He asked if this is still the case. Mayor Johnson stated we don’t put any maintenance into the property; all we get is revenue. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement on behalf of the City. Ayes – All Commissioner Scirocco asked what the current fund balance is in this line. Commissioner Madigan advised it is $500,000. Set Public Hearing: Amend 2012 Capital Budget Mayor Johnson set a public hearing for Tuesday, November 6, 2012 at 6:50 p.m. Discussion and Vote: Easement Agreement for 19 Benedict Street (12-340) Tony Izzo stated this closes a loop on a project that has been going on for a short while. The owner of the property at 19 Benedict Street has agreed to give the City a 15 foot wide easement for drainage improvement in that area. The document before the Council is a grant of easement to the City. Mayor Johnson moved and Commissioner Scirocco seconded to enter into the easement agreement as described. Ayes - All Announcement: American Planning Association Award Mayor Johnson announced that on October 3, 2012 the City received an award for our downtown quarter; the 9 blocks between Van Dam Street and East Congress Street by the American Planning Association. This group examines communities for good planning throughout the entire community. Announcement: Parking Garage Grand Opening Mayor Johnson announced the grand opening is this Thursday, October 18th on the top deck. It begins at 4:30 p.m. – 6:00 p.m. This event is sponsored jointly by the City and the Saratoga County Chamber. ACCOUNTS DEPARTMENT Appointment: Commissioner of Deeds Commissioner Franck explained that due to an employee going on maternity leave, Sheila Brooks, our former assistant city clerk will be returning on a temporary basis to fill in. He appointed her as commissioner of deeds for that period of time that she will be filling in. Discussion: Sample Ballot for Charter Change Page 8 of 14 City Council Meeting 10/16/12 Commissioner Franck stated the County provided the ballots mid last week. There are 2 ballots for the City of Saratoga Springs due to having 2 senate districts. He provided copies of the ballots for the public and showed the back of the ballot as that is where the proposition for the Charter vote lives. Commissioner Scirocco asked if all propositions will be like this in the future. Commissioner Franck explained this is the current law. Mayor Johnson stated we should explore if the election inspections can tell everyone it is a 2-sided ballot. Commissioner Mathiesen asked if they can print “over” on the front of the ballot to let people know there is something on the back. Commissioner Franck stated we are going to ask them to post it but the ballot is not supposed to be marked. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Troy & Banks for Expense Reduction Services (12-341) Commissioner Madigan stated this is a utilities audit of our utilities bills. They will look at over 6 years of our bills and see if they can obtain refunds. We receive a percentage of the amount they collect and they will receive a percentage of what they collect. There is no cost to the City for this service. Commissioner Madigan moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Troy & Banks for expense reduction services as distributed with the agenda. Ayes - All Discussion: 2013 Comprehensive Budget Commissioner Madigan stated the first budget workshop was held on October 11th at 5:00 p.m. Topics included the capital budget, the mayor’s budget, and the Recreation Department. She identified various questions that were asked and the answers to those questions. She stated she believes it is the responsibility of the commissioner of finance to submit a complete comprehensive budget. If the commissioner of finance was required to include the capital budget exactly as transmitted, it could wipe out the entire operating budget. If the capital budget voted upon in September is the final capital budget, then a presentation must include the debt service tax levy and tax rate at that point. She asked her fellow commissioners if they felt the vote in September was the final vote. Commissioner Franck stated if that were the case he would never vote for a capital budget. They never went to an actual vote on the capital budget in 2006/2007. He could see the potential for a problem if the comprehensive budget ended up becoming our final budget. It is clear to him a simple majority on the final vote of the budget would overrule 3.1.4. Commissioner Madigan advised that the mayor was clear that if he was going to pull the Jefferson Street parking lot from the capital budget he was going to hold a public hearing and call for a vote. Commissioner Madigan also asked the same question of Commissioner Mathiesen and Commissioner Scirocco. Mayor Johnson stated at the workshop where this was discussed, his point out there was the process involved regarding changes to the capital budget. Our Charter does set forth a process when making changes to the capital budget. He has no problem changing the terms of it; he had every intention to bring Page 9 of 14 City Council Meeting 10/16/12 it back for vote for the removal of the possible parking lot for the Recreation Center. There is still time to put it on an agenda the changes being proposed to the capital budget based upon the latest discussion by the Council and have that as part of passing the comprehensive budget for the City. He is not aware of any finance commissioner making a unilateral amendment to the capital budget as part of the initial proposal of a comprehensive budget for adoption by the Council. Commissioner Madigan stated it did happen in 2005 and 2006 where the comprehensive budget did not include all projects that were in the capital budget. Precedent has been set. Commissioner Mathiesen stated he did not believe the vote on the capital budget was final. Commissioner Scirocco stated he always thought the capital budget was separate from the operating budget. It can be changed with the votes. Commissioner Madigan stated she still has not received any budget change request forms. Set Public Hearing: Second Public Hearing for the 2013 Comprehensive Budget Commissioner Madigan set a public hearing for Tuesday, November 6, 2012 at 6:40 p.m. Discussion and Vote: Budget Transfers – Payroll (12-342) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (12-343) 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 Transfers – Contingency (12-344) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers – contingency which were distributed with the agenda. Commissioner Madigan stated the current amount in the contingency expense line is $181,462.26. There will be $127,628.11 after this transfer. Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Action Equipment and Supply LLC (12-345) Commissioner Scirocco stated DPW will exchange a used 1999 International Harvester with a Vac Con sewer cleaner, valued at $75,000, for 2 pieces of equipment; a 2009 Kubota excavator estimated at $25,000 and a 2006 JLG boom lift estimated at $50,000. There is no cash being transferred in this transaction. Page 10 of 14 City Council Meeting 10/16/12 Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement for the exchange of property between the City of Saratoga Springs and Action Equipment and Supply as distributed to the Council. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Saratoga Springs Preservation Foundation – Spirit of Life (12-346) Commissioner Scirocco stated this is between the City of Saratoga Springs and Saratoga Springs Preservation Foundation for the restoration of the Spirit of Life. The agreement spells out the responsibilities of both parties. One of the responsibilities of the Foundation is to take a good faith effort to reach a fundraising goal of $150,000 to be contributed towards the costs of the restoration of the memorial. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement establishing a relationship with the Saratoga Springs Preservation Foundation and the City of Saratoga Springs for the maintenance and restoration of the Spirit of Life and the Spencer Trask Memorial. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Amendment – Water Sales and Distribution Agreement (12-347) Commissioner Scirocco stated at the last City Council meeting they discussed the sale of 5,000 gallons of City water per day to the Wilton Water and Sewer Authority. The city attorney’s opinion was that the sale of water was authorized under an existing agreement. The amendment before the Council tonight specifies the location of the sale of water and the water meter. Commissioner Mathiesen stated his concern is how to make sure we restrict this to only the 18 houses. He doesn’t see anything here that states that. He also doesn’t see where it says 5,000 gallons per day. Commissioner Scirocco stated that the 5,000 gallons is included within the 250,000 gallons. Commissioner Mathiesen asked why the geographic area described in the agreement so broad; why not better describe the subdivision. There is a concern water could be sold to other subdivisions. Tony Izzo stated he did this proposed draft based upon what he understood what the Council wanted and his discussion with Commissioner Scirocco. Commissioner Mathiesen asked if the area can be pinned down to the 18 homes. He would be more comfortable with that and then if there are more, it would come back to the City Council. He is not opposed to selling water to this subdivision of houses. He has difficulty with the large geographic area. Commissioner Scirocco stated the 1997 agreement included the geographical area and the 2001 amendment had the geographic area deleted. Commissioner Franck stated it is clear to him it was suppose to be for commercial. Commissioner Mathiesen is stating to not put this developer in a bad spot; he is ok with selling to these homes. Commissioner Scirocco stated most of that area is already developed. Commissioner Franck stated that there shouldn’t be a problem just doing this for those houses. Commissioner Scirocco stated we could say if they are going to do more houses they just need to report it. Page 11 of 14 City Council Meeting 10/16/12 Commissioner Franck stated if that were the case it would have to come back to City Council and go through the process again. Commissioner Scirocco stated that is what it says for the commercial property. Commissioner Franck reminded Commissioner Scirocco that this is not for commercial property; it is for residential. Commissioner Madigan advised the agreement stated the agreement should also state up to 5,000 gallons. Commissioner Mathiesen asked where the water is coming from; is it our treatment plant or wells. Commissioner Scirocco stated the wells have nothing to do with this water being sold. Tony Izzo suggested the sentence to read “…said similar meters shall be installed by the authority and shall be used to provide water to the authority only in the geographic area for use by 19”. Mayor Johnson stated there should be some leeway; how about up to 25. Commissioner Madigan stated she is feeling as if they should have a new, fresh agreement. Tony Izzo proposed the following sentence for the agreement: “…said similar meter shall be installed by the authority and shall be used to provide water to the authority for use by up to 25 residential units in a subdivision located in the Town of Wilton and designated as Floral Estates Phase 5.” Commissioner Scirocco agreed to this change. Commissioner Madigan stated she was prepared to vote for this tonight but not after hearing public comment tonight and the agreement is becoming more convoluted. Commissioner Scirocco moved and Mayor Johnson seconded to have the agreement read as: “…said similar meter shall be installed by the authority and shall be used to provide water to the authority for use by up to 25 residential units in a subdivision located in the Town of Wilton and designated as Floral Estates Phase 5.” Ayes – 3 Nays – 2 (Commissioner Franck and Commissioner Madigan) Announcement: Household Hazardous Waste Day Commissioner Scirocco announced the household hazardous waste day is October 20th at the Weibel Avenue Ice Rink. Announcement: Public Meeting for the Ballston Avenue Reconstruction Project Commissioner Scirocco announced there will be a public meeting for the Ballston Avenue Reconstruction Project on October 23rd at the recreation center at 6:30 p.m. PUBLIC SAFETY DEPARTMENT Announcement: Public Meeting October 23, 2012 at 7:30 p.m. at the Public Library Commissioner Mathiesen announced there will be a public meeting on October 23, 2012 at 7:30 p.m. at the library for all residents to come and comment or suggest public safety. Page 12 of 14 City Council Meeting 10/16/12 Set Public Hearing: Amend Chapter 136 of the City Code – Lodging and Eating and Drinking Establishments Commissioner Mathiesen set a public hearing for Tuesday, November 6, 2012 at 6:35 p.m. Discussion: October 14, 2012 – Saratogian Article Regarding Ambulance Service Commissioner Mathiesen stated this article appeared in the Sunday newspaper. It was a good summary of where we are now. We have received many positive responses from people who have been served by our ambulance. Response times are better and overall coordination is better. We are being reimbursed much more fairly now. Mayor Johnson stated his concern has been that the Council receives regular reports of the revenue coming in and the cost of the service to determine whether this is working or not for the City from a fiscal point of view. Commissioner Madigan stated 4 out of 5 days we are adding revenue to the ambulances revenue line. Signs are pointing to this being a substantial revenue generator and expenses have been kept quite low. Commissioner Franck stated it was clear that the Council was not willing to lay off any additional firemen it should not be considered additional costs. Discussion: October 5, 2012 – New York State Police Investigation Commissioner Mathiesen stated he was contacted by a newspaper reporter about a gambling raid and his involvement in it. This reporter picked it up from a blog. He doesn’t direct the day to day activities of the Police Department or the Fire Department. The chiefs of those departments manage their respective department. It was another agency that was investigating this and they contacted us because the game was occurring in the City of Saratoga Springs. The comments made are not fair; the Police Department has their priorities in order. SUPERVISORS Joanne Yepsen Resolutions from Full Board October Meeting Supervisor Yepsen announced several resolutions passed today such as the ban on the sale and possession of synthetic drugs and they authorized a lease with Saratoga Prime Properties for the County’s mental health facilities. They authorized the acceptance of a grant for domestic violence, and authorized acceptance of a homeland security grant. Commissioner of Department of Social Services Appointment Supervisor Yepsen announced they recognized Bob Christopher who retired as commissioner of social services and appointed Tina Potter who acted as his deputy as commissioner of social services. Capital Region Sustainability Plan (Cleaner Greener Initiative) and Climate Smart Communities Supervisor Yepsen announced Governor Cuomo announced the Cleaner Greener Initiative as his part of his 2011 State of the State. This program is funded through regional greenhouse gas initiatives and being handles in 2 phases. Over the course of 3 years, $90 million dollars has been set aside with the availability to apply for the first $30 million in March/April. Page 13 of 14 City Council Meeting 10/16/12 Matthew Veitch Mental Health Facility Move Supervisor Veitch announced this started as an exploratory committee as a sub committee of the Public Health Committee. The Building and Grounds Committee, which neither supervisor sits on, explored locations for the mental health facility move and found the location on South Broadway; the old Topper Pontiac site. The majority of patients in their mental health facility are in the 12866 (Saratoga Springs) and 12020 (Ballston Spa) zip codes. The move is a lease with the property owner and the property is not coming off the tax rolls. The County will handle all maintenance and repairs on the property. Public Safety Committee Supervisor Veitch announced they approved several grants of which the wireless 911 system upgrade and homeland security grant for equipment were included. Trails Committee Supervisor Veitch announced logging is almost complete on their land in Moreau and will be building a trail there. It is located near exit 17. Technology Committee Supervisor Veitch announced an RFP went out on Monday for their website. Announcement: Saratoga County Office for the Aging Public Hearing Supervisor Veitch announced they are having a public hearing on November 1st regarding the 2013 program. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Franck seconded to move to executive session for the proposed purchase or disposition of real property or securities at 10:35 p.m. Ayes - All The Council returned at 10:51 p.m. Mayor Johnson announced the City Council did not resolve anything in executive session therefore there is nothing to report to the public 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 10:52 p.m. Respectfully submitted, Page 14 of 14 City Council Meeting 10/16/12 Lisa Ribis Clerk Approved: 11/5/12 Vote: 5 - 0 Page 15 of 14

Agenda

Agenda Minutes ...Back City Council Meeting October 16, 2012 City Council Room 06:40 PM P.H. - Amend 2012 Capital Budget 06:45 PM P.H. - 2013 Comprehensive Budget Print 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. National Grid Tree Line Clearance 2. Spa Solar Park Project Proposal EXECUTIVE SESSION: The Proposed Purchase or Disposition of Real Property or Securities. 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 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approve Multi-Team Sponsor Fees 2. Announcement: Winter Programs Registration 3. Discussion and Vote: Approve the 3 v 3 Tournament 4. Discussion and Vote: Proposed amendment to National Grid lease on Weibel Avenue 5. Set Public Hearing: Amend the 2012 Capital Budget 6. Discussion and Vote: Easement Agreement for 19 Benedict Street 7. Announcement: American Planning Association Award 8. Announcement: Parking Garage Grand Opening ACCOUNTS DEPARTMENT 1. Appointment: Commissioner of Deeds 2. Discussion: Sample Ballot for Charter Change FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to sign Contract with Troy & Banks for Expense Reduction Services 2. Discussion: 2013 Comprehensive Budget 3. Set Public Hearing: Second Public Hearing for the 2013 Comprehensive Budget 4. Discussion and Vote: Budget Transfers - Payroll 5. Discussion and Vote: Budget Transfers - Benefits 6. Discussion and Vote: Budget Transfers - Contingency PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to sign an agreement with Action Equipment and Supply LLC 2. Discussion and Vote: Authorization for the Mayor to sign an agreement with the Saratoga Springs Preservation Foundation- Spirit of Life 3. Discussion and Vote: Authorization for the Mayor to sign an amendment - Water Sales and Distribution Agreement 4. Announcement: HouseHold Hazardous Waste Day 5. Announcement: Public Meeting for the Ballston Avenue Reconstruction Project PUBLIC SAFETY DEPARTMENT 1. Announcement: Public Meeting October 23, 2012 at 7:30pm at the Public Library 2. Set Public Hearing: Amend Chapter 136 of the City Code - Lodging and Eating and Drinking Establishments 3. Discussion: October 14, 2012 - Saratogian Article regarding Ambulance Service 4. Discussion: October 5, 2012 - New York State Police Investigation SUPERVISORS 1. 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 2. Matthew Veitch 1. Update: Mental Health Facility move 2. Update: Public Safety Committee 3. Update: Trails Committee 4. Update: Technology Committee 5. Announcement: Saratoga County Office for the Aging Public Hearing ADJOURN

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