City Council

December 18, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM – PH – Amend 2012 Capital Budget for Spring Run Trail 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Report, NYSA Funded DPW Records Inventory Project 2012 EXECUTIVE SESSION: Discussion regarding proposed, pending or current litigation, collective negotiations. CONSENT AGENDA 1. Approval of 11/14/12 City Council Minutes 2. Approval of 11/19/12 City Council Pre-Agenda Meeting Minutes 3. Approval of 11/5/12 City Council Minutes 4. Approve Budget Amendments (Decreases) 5. Approve Budget Amendments (Increases) 6. Approve Budget Transfers – Regular 7. Approve Payroll 12/7/12 $411,656.53 8. Approve Payroll 12/14/12 $413,594.43 9. Approve Warrant: 2012 Mid – 12MWDEC1 $122,173.12 10. Approve Warrant: 2012 Reg – 12DEC2 $478,609.05 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval to Accept Donations and Sponsors for Recreation Department 2. Announcement: Recreation Center Hours and Programs 3. Discussion and Vote: Defibrillator Agreement for Recreation and DPW 4. Discussion and Vote: Use of Reserve Funds for Spring Run Trail Project 5. Discussion and Vote: Amend the 2012 Capital Budget for Spring Run Trial 6. Discussion and Vote: Authorization for the Mayor to Sign a Supplemental Agreement #2 with DOT for Spring Run Trail 7. Discussion and Vote: Authorization for Mayor to Sign Change Order with AECOM for Spring Run Trail Project 8. Discussion and Vote: Exchange of Deed with the City – Grand Avenue and Bluebird Court 9. Discussion and Vote: Request for Corrective Deed –Workforce Housing Unit – 287 Jefferson Street, Unit #4 10. Discussion and Vote: Authorization for Mayor to Sign Agreement with Miller, Maniz, Schachner & Hafner, LLC Legal Services for Land Use Boards 11. Discussion and Vote: Resolution for Site Selection on Proposed Casino Gambling City Council Meeting 12/18/12 12. Discussion and Vote: Ratification of Proposed Collective Bargaining Agreement with Saratoga Springs Firefighters Union Local 343 13. Appointment: Planning Board 14. Announcement: State of the City Address ACCOUNTS DEPARTMENT 1. Discussion and Vote: Purchasing Policy 2. Discussion and Vote: Insurance Renewal 2013 3. Discussion and Vote: Confined Space Policy 4. Discussion and Vote: Approval of AED Policy 5. Appointment: Commissioners of Deeds FINANCE DEPARTMENT 1. Discussion and Vote: Property Auction Bids 2. Discussion and Vote: Budget Transfers – Payroll 3. Discussion and Vote: Budget Transfers – Benefits 4. Discussion and Vote: Budget Amendments – Benefits 5. Discussion and Vote: Capital Budget Amendment – Spring Run Trail PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Accept Donation of Dutch Tulip Bulbs 2. Discussion and Vote: DPW Sick Bank Request PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Hudson Valley Community College for the EMT-Paramedic Program 2. Discussion and Vote: Authorization for Mayor to Sign Change Order Number 1 with PCC Contracting, Inc. 3. Discussion: Parking Regulations Workshop 4. Discussion: Newtown CT School Shooting SUPERVISORS Joanne Yepsen 1. County Budget fro 2013 2. Racing Resolution on Casinos in NYS 3. Maplewood Manor 4. Climate Smart Communities Task Force Report 5. Martin Luther King Celebration for Saratoga Springs Matt Veitch 1. 2013 Saratoga County Budget 2. Public Safety Committee 3. Trail Committee 4. Racing Resolution ADJOURN Page 2 of 17 City Council Meeting 12/18/12 December 18, 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 ABSENT: Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARING Amend 2012 Capital Budget for Spring Run Trail Mayor Johnson opened the public hearing at 7:02 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:03 p.m. CALL TO ORDER Page 3 of 17 City Council Meeting 12/18/12 Mayor Johnson called the meeting to order at 7:03 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 asked for a moment of silent for the families and friends of the victims of last weeks’ Newtown shooting. Mayor Johnson opened the public comment period at 7:05 p.m. Wally 36 Curt Boulevard stated it is a great opportunity to take any remaining funds from the Spring Run Trail Project and transfer it to the Geyser Road Trail Project. Charles Brown of 10 Perry Street stated the tragedy that transpired last week are brought home for him as it is a similar size City. Within a couple weeks there will be a gun show here that will be selling the same types of weapons that caused the tragedy. As a City and a Council we can say we do not approve of this event and ask the gun salesmen not to bring the assault rifles and take a step back. Many stores around the country have done this. He asked the Council to speak to the dealers that are coming or at least put a resolution together that states we do not approve. Phil Diamond of 55 Railroad Place asked the Commissioner of Public Safety to have undercover police officers at the gun show to make sure the dealers are abiding by the law. He also feels the Commissioner of Public Safety is taking an anti-business stance by eliminating 20 parking spots on Broadway across from the Lillian’s parking lot. Shop owners on that side of Broadway have stated that is an inconvenience to them. Commissioner Mathiesen stated if business people on Broadway are having issue with parking he would like them to contact him directly. Christopher Peek of 17 Jefferson Street stated he has been in touch with Chief Cole, Supervisor Yepsen, and Ed Mitzen. He would like to initiate a weapons buy back program. Ed Mitzen said he would donate money and he would tap friends of his to donate money. Money comes from municipalities and citizens for this program. Assault weapons are the weapon of choice by people who initiate the massacre around the country. Al Turkheimer of 158 Woodlawn Avenue stated the Attorney General of New York cited the management of the Saratoga gun show for illegal sales. There are deals being made and stuff being switched from one trunk to another. Joel Reed of the Arts Council stated he wanted to make sure everyone knew First Night is coming up. It is starting at 5 p.m. this year through midnight. Buttons have been sold to people from 6 states and Canada so far. Disney is running a talent contest for their ‘next big thing’. They will also be presenting a laser show at the City Center at 5 different times throughout the night. He thanked the City Council for the support and being a partner in this event. He pointed out the Saratoga First Night is charged more for the rental of the Music Hall than anyone else. John Tighe of Rowland Street, Milton stated a lot of people have approached him complaining there will not be fireworks this year for First Night. He asked if someone could clarify why the fireworks will not be happening. Commissioner Mathiesen stated given the manpower at this point; it is much less than there was years ago. They suggested having fireworks at an earlier hour. Page 4 of 17 City Council Meeting 12/18/12 Molly Gagne of 22 Vichy Drive stated on December 11th they were introduced to Mark Fenton regarding Complete Streets. It encouraged people to think out of the box to make our community a healthier place to live and a safer place to bike and walk. Pastor Peter Barios of Jefferson Terrace stated they found out this past Thursday that the children will not be receiving a Santa Claus gift this year. It has become part of the community to see Santa come. The residents tried to do something quickly and needed to get permission to get the Ford Center. They were not able to get this location as there is a procedure that needs to be followed and they do not have the time to get that approval. Mayor Johnson asked Pastor Barios to contact his office in the morning to discuss this issue. Joanne Yepsen of 91 Fifth Avenue stated she wanted to address some of the comments made tonight before the public leaves. She has met with the Commissioner of Public Safety, Chief of Police, the Attorney General’s Office, the City Center, and there will be a meeting with the gun show operator. They hope the gun show can feature the historic aspects and the hunting aspects and not the high capacity military weaponry. The gun show is a possibility and the buy back program is a possibility. Kyle York of 59 Railroad Place stated there is a theme of public safety tonight; public safety matters. There is a serious issue in public safety that has been resolved in the past 8 days that hasn’t received much coverage. He asked that the City Council call for the demolition of the building at 66 Franklin Street based upon public safety. The Design Review Commission (DRC) found the building to be a danger to public health and safety. The DRC moved for the demolition of the building and the motion was approved unanimously. It is time for the City Council to take action. Commissioner Mathiesen inquired if the DRC was a determination and not an advisory opinion. Tony Izzo stated there was a restraining order issued last week preventing the demolition of the building. The court will hear the issue on January 18th. Mayor Johnson closed the public comment period at 7:38 p.m. PRESENTATION Report, NYSA Funded DPW Records Inventory Project 2012 Nancy Wagner advised this report is required by New York State. The City’s Records Management Program is governed by the New York State Local Government Records Law, specifically Article 57-A of the Cultural Affairs Law enacted in 1987. The law requires each local government to designate one official as the Records Management Officer. Since our City Charter states that the City Clerk is the record keeper for the City, in 1988 the City Council designated the position of the Commissioner of Accounts as the City’s Records Management Officer. In 1989 the City Council officially designated the Retention and Disposition Schedule MU-1 as the City’s official guide to the disposition and retention of city records. The New York State Archives instituted the Local Government Records Management Improvement Fund as a competitive grant program dedicated to provide seed money to help local governments establish record management programs and develop program components. The money comes from fees collected by County Clerks and the New York City Register for the recording of deeds and mortgages and the assignment of index numbers for court cases. The program is competitive and grants are awarded based on the merits of the project and the application. On January 18, 2011 the Council approved the submission of an application to the fund for money to conduct an inventory and purge of the inactive records of the Department of Public Works. Late November Page 5 of 17 City Council Meeting 12/18/12 2011 we received confirmation of the award and on December 23 we received the first payment and official notice to proceed. We began the inventory project January 4, 2012 and accomplished the following: o The inactive records of the Public Works and Utilities Offices have been purged of records past retention. o A project inventory report was created specifically for DPW containing various tools to help them continue the management of their records. o Office retention schedules were created. o An index of the public works records currently filed in the City Clerk vault was also created for reference and research purposes. Nancy further advised that they finished about $1,000 under budget, spending $13,625 on support staff salaries and benefits, $367 on supplies, and $3,800 on 8 units of steel shelving. A total of 373 Cubic feet of records were inventoried. Nancy thanked Barbara Anthony, Tony Licata, Donny Degan, Donna Buckley, Commissioner Scirocco and Nathan Voigt. Commissioner Scirocco stated Nancy did a great job. There was no interruption to the workplace and she freed up a lot of space. Nancy Wagner pointed out a lot of time people don’t realize how much time they spend looking for something. That time has been greatly reduced. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 11/14/12 City Council Minutes 2. Approval of 11/19/12 City Council Pre-Agenda Meeting Minutes 3. Approval of 11/5/12 City Council Minutes 4. Approve Budget Amendments (Decreases) 5. Approve Budget Amendments (Increases) 6. Approve Budget Transfers – Regular 7. Approve Payroll 12/7/12 $411,656.53 8. Approve Payroll 12/14/12 $413,594.43 9. Approve Warrant: 2012 Mid – 12MWDEC1 $122,173.12 10. Approve Warrant: 2012 Reg – 12DEC2 $478,609.05 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approval to Accept Donations and Sponsors for Recreation Department (12-405) John Hirliman of the Recreation Department announced the donations as follows: 2 dry erase boards valued at $25 from State Farm Insurance; a Christmas tree valued at $ from George Frustino; and a $50 donation from Eclectic Songs in memory of Landon Moore. The following are donations for the basketball program: Saratoga Quality Hardware, Billington Dentistry, NYI Building Products, Town and Country Bridge and Rail, Harris Beach, Mann Wireless, Saratoga National Bank, Pompa Brothers, Adirondack Trust Bank, and Saratoga Eagle. Mayor Johnson moved and Commissioner Scirocco seconded to accept the donations and sponsors as described. Ayes - All Page 6 of 17 City Council Meeting 12/18/12 Announcement: Recreation Center Hours and Programs John Hirliman announced the center hours as follows: Christmas Eve is 8 a.m. – 6 p.m.; closed Christmas Day; New Year’s Eve 8 a.m. – 6 p.m.; and closed New Year’s Day. John Hirliman stated they will be taking registrations for their tiny ballerina class, kinderskate, ice skating lessons, and they will be starting spring registration on January 22nd. Discussion and Vote: Defibrillator Agreement for Recreation and DPW (12-406) Mayor Johnson stated the City Safety Committee is updating the City’s public access defibrillator program. The City needs to update its existing agreement with REMO. One AED will be installed at the indoor recreation center and another will be installed at the DPW garage. Marilyn Rivers, director of Risk and Safety stated the AED from Friends of Recreation is here and will be installed. There is also an AED that has been donated from the Fire Department for the DPW garage. Dr. Timothy Brooks remains medical director for this program. Mayor Johnson moved and Commissioner Franck seconded to approve entering into the agreement. Ayes - All Discussion and Vote: Use of Reserve Funds for Spring Run Trail Project (12-407) Mayor Johnson read the following resolution: RESOLUTION (For Expenditure of Spring Run Nature Trail Reserve Funds) WHEREAS, the City council of the City of Saratoga Springs established the Spring Run Nature Trail Reserve Fund on November 7, 2006 for the purpose of “to accumulate moneys to finance the cost of a specific capital improvement”; and WHEREAS, additional hours for construction inspection services and construction support and fees or testing services performed by AECOM Technical Services Northeast, Inc. as an expenditure is required for Spring Run Trail Construction Inspection Services and is in accordance with the purposes of the Spring Run Nature Trail Reserve Fun; NOW, THEREFORE, BE IT RESOLEVED, that the above-described expenditure in the amount of $24,074.80 is hereby approved as authorized as in accordance with the Spring Run Nature Trail Reserve Fund. Mayor Johnson moved and Commissioner Franck seconded to adopt the recited resolution. Ayes - All Discussion and Vote: Amend the 2012 Capital Budget for Spring Run Trial (12-408) Mayor Johnson explained the amount is $47,354.91. Mayor Johnson moved and Commissioner Madigan seconded to amend the 2012 Capital Budget for Spring Run Trail in the amount of $47,354.91. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Supplemental Agreement #2 with DOT for Spring Run Trail (12-409) Mayor Johnson advised the total owed to AECOM is $66,560.00. They have also applied to the Department of Transportation for reimbursement of the additional funds. DOT has agreed to reimburse the Page 7 of 17 City Council Meeting 12/18/12 City 50% of these funds. Supplemental agreement #2 states the City will receive 50% of the cost of the additional AECOM construction phase services work. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Order with AECOM for Spring Run Trail Project (12-410) Mayor Johnson advised this will be coming from line H3517142 / 52521 / 75593 in the amount of $66,560. Mayor Johnson moved and Commissioner Madigan seconded to approve the change order. Ayes - All Discussion and Vote: Exchange of Deed with the City – Grand Avenue and Bluebird Court (12-411) Tony Izzo stated the Engineering Department wanted to position a generator and pumping station for infrastructure purpose at the intersection of Bluebird Court and Grand Avenue. To be sure we have a record of this we proposed doing a quick claim deed. The current owners of the property were contacted and indicated they were ok with this. This allows us to proceed with the positioning of the generator and pumping station. Mayor Johnson moved and Commissioner Scirocco seconded to issue the corrected deed as described. Mayor Johnson moved and Commissioner Madigan seconded corrected the motion to include the mayor be allowed to sign all documents associated. Ayes - All Discussion and Vote: Request for Corrective Deed –Workforce Housing Unit – 287 Jefferson Street, Unit #4 (12-412) Tony Izzo stated this is a technicality. The transferor was subject to a City based Declaration of Covenants and Restrictions for workforce housing. The two parties want to amend their deed for the use of a garage. We are party to this as our Declaration of Covenants and Restrictions is still in effect and our authority is not diminished. Mayor Johnson moved and Commissioner Scirocco seconded to issue the corrective deed as described and the mayor be authorized to sign any associated documents. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Miller, Mannix, Schachner & Hafner, LLC Legal Services for Land Use Boards (12-413) Mayor Johnson advised this is an annual matter. Miller, Mannix, Schachner & Hafner provide advice and assistance with our land use boards. The amount is $20,000. Mayor Johnson moved and Commissioner Madigan seconded to approve the agreement for the upcoming year. Ayes - All Page 8 of 17 City Council Meeting 12/18/12 Discussion and Vote: Resolution for Site Selection on Proposed Casino Gambling (12-414) Mayor Johnson advised if full casino gambling does come to NYS, one of the 7 sites to be considered be here in Saratoga Springs. We are not being asked to vote to approve casino gambling but rather if NYS does decide to bring casino gambling it to our state, we have a chance in getting it here. An unanswered question he feels is crucial is what are the 7sites being considered? Depending upon where it is put, we could be in competition with another area for the same gambling dollar. He thought it was appropriate tolet the legislature know how they feel. Mayor Johnson and the Council agreed to waive the reading of the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner Michele Madigan Commissioner Anthony Scirocco Commissioner Christian Mathiesen Commissioner John Franck WHEREAS, Governor Andrew M. Cuomo has introduced, and the New York State Legislature has passed, a concurrent resolution introducing an amendment to Article 1, Section 9 of the State Constitution to allow no more than seven casinos as authorized and prescribed by the State Legislature; and WHEREAS, amending the State Constitution requires that such concurrent resolution must pass two consecutive sessions of the State Legislature and be approved by public referendum; and WHEREAS, pursuant to Resolution 21-02, the Saratoga County Board of Supervisors adopted a Local Law (Introductory No. 1, Print No.2) on February 13, 2002, authorizing Saratoga Casino and Raceway (formerly “Saratoga Equine Sports Center”0 to operate video lottery gaming in accordance with the New York State Tax Law and subject to state licensure and regulation; and WHEREAS, pursuant to the new York State Tax Law, revenues generated from the Video Lottery Terminals (VLTs) authorized to operate at Saratoga Casino and Raceway have been and are distributed in part to New York State for the purpose of funding education, to the Saratoga Raceway for the purpose of enhancing purses, and to the breeding funds that support local breeders and owners; and WHEREAS, Saratoga Casino and Raceway is a proven revenue producer for New York State whose VLT operations have generated more than a half billion dollars in education aid since 2004, and over a hundred million dollars more in support of state lottery administration; and WHEREAS, the approximately $100 million generated to date by VLT operations at Saratoga Casino and Raceway for enhanced purses and breeding support has kept the harness racing industry alive in Saratoga County, directly supporting local racing-related jobs; and WHEREAS, Saratoga Casino and Raceway is a major employer in Saratoga County, having approximately 400 full-time and 225 part- time employees; and WHEREAS, in the event that the proposed Constitutional Amendment is approved and the State Legislature authorizes expanded casino gaming establishments in locations that do not include Saratoga Casino and Raceway, that action would negatively impact the facility, thereby reducing the revenues generated from its VLTs, and in turn reducing the corresponding reinvestment of those revenues in education and the local racing industry, an endangering local jobs; and WHEREAS, not including Saratoga Casino and Raceway as an approved casino site would also result in a lost opportunity for local economic growth in terms of : increased tourism; the direct, indirect and induced effects of new jobs created to support expanded casino operations; and the construction jobs generated from building new gaming space; and WHEREAS, Saratoga Casino and Raceway is a “shovel-ready” location for expanded casino gaming with existing infrastructure in place to support such a facility, with a proven track record of success to date; now therefore be it RESOLVED, that the City of Saratoga Springs, through the City Council expresses it strong support for Saratoga Casino and Raceway as a location for one of the seven potential casino to be authorized by the State Legislature pending the amendment of Article 1, Section 9 of the New York State Constitution; and be it further RESOLVED, that the City of Saratoga Springs urges the Governor and the State Legislature to ensure that the locations for the proposed casino gaming be specifically designated in the enabling legislation, governing its implementation, prior to submission for voter referendum and ballot; and be it further RESOLVED, that the City of Saratoga Springs urges the State Legislature to retain the provisions and formulas in New York State Tax Law requiring the reinvestment of VLT-generated revenues into education and the local racing industry; and be it further RESOLVED, that the City of Saratoga Springs urges the State Legislature to develop appropriate provisions for the mandatory reinvestment of revenue generated from expanded casino operations into education, enhanced purses at local tracks, support for local breeders, and financial assistance to host communities for the purpose of defraying local costs associated with expanded casino operations or to minimize or educe real property taxes; and be it further RESOLVED, that the City of Saratoga Springs urges the Governor and State Legislature to recognize the unique importance of the racing industry to the local economy by allowing our elected representative to actively participate in deliberations on the specifics of the proposed casino gaming expansion; and be it further RESOLVED, that the Clerk of the City of Saratoga Springs forward a certified copy of this Resolution to Governor Andrew M. Cuomo and the City’s representatives in the New York State Senate and Assembly. Page 9 of 17 City Council Meeting 12/18/12 Commissioner Franck stated he is 100% on board with the resolution. If there is a competing site, he could see the racino closing down. Commissioner Madigan stated she feels the same way. It is important to our City and local economy. We rely heavily on the VLT revenue. We need to be sure we receive one of the 7 sites. Commissioner Scirocco stated he too supports this resolution. Commissioner Mathiesen stated he feels the racino would be in grave danger if we weren’t one of the sites. He agrees with everything in the resolution. The harness track provides a lot of jobs. Mayor Johnson stated the amount we received of shared revenue is nominal; about 1%. Mayor Johnson moved and Commissioner Madigan seconded that the resolution as proposed be adopted by the City Council. Ayes - All Discussion and Vote: Ratification of Proposed Collective Bargaining Agreement with Saratoga Springs Firefighters Union Local 343 (12-415) Mayor Johnson stated the Council has been provided the terms of the agreement. It has been approved by the Union. This process started some time ago and is a fair agreement. He signed a tentative agreement and is now bringing it to the Council for approval. Some highlights of the agreement include: 3 year agreement (2011, 2012, and 2013); wage increases over the agreement time totaling 8% - 2% payable January 1, 2011 (retroactive), 2% payment effective July 1, 2012 (retroactive), 2% to be paid December 31, 2012, and 2% on July 1, 2013. The firefighters agreed to make the conversion to one health insurance carrier. EMT stipends agreed upon include: January 1, 2013 – Level 1 will increase from $300 to $600; Level 2 will increase from $400 to $1,000, and Levels 3 & 4 will increase from $800 to $2,000. Mayor Johnson corrected the EMT stipend for EMT 2 – it is being increased from $600 to $1,000, and EMT3 & 4 – it is being increased by $800. Mayor Johnson moved and Commissioner Mathiesen seconded for the City enter into the proposed agreement with the firefighters Local 343 as described. Commissioner Madigan stated the retroactive pay will be paid by mid February. There will be about $190,000 in retroactive pay and each firefighter has to be calculated independently. Commissioner Mathiesen thanked Mark McCarthy for sitting with them. There were important management tools included. Mayor Johnson stated the proposed increases are less than what they previously received. Commissioner Madigan stated it will cost about $326,000 to adjust for the 2013 budget. Ayes – All Appointment: Planning Board Mayor Johnson announced the appointment of Robert Bristol to the Planning Board. He was a prior chair to the Planning Board. His term will be effective through the end of the year 2019. Mayor Johnson thanked Amy Durland for her community service. Commissioner Madigan thanked Amy a well as she has served for 11 years for the City. Page 10 of 17 City Council Meeting 12/18/12 Commissioner Mathiesen thanked Amy as well. Announcement: State of the City Address Mayor Johnson announced the state of the city address will be held on Thursday, January 17th at 7 p.m. at the City Center. ACCOUNTS DEPARTMENT Discussion and Vote: Purchasing Policy (12-416) Commissioner Franck stated that Stephani Voigt and Sharon Chille have met with the various departments to review the proposed purchasing policy and made various/appropriate changes. Commissioner Franck moved and Commissioner Mathiesen seconded to adopt the purchasing policy that was distributed with the agenda. Ayes – All Discussion and Vote: Insurance Renewal 2013 (12-417) Commissioner Franck advised that the City has received the 2013 Insurance Renewal for presentation to the Council. This year Marshall and Sterling and Risk and Safety explored more comprehensive insurance coverage for the City's Fire Department. The resulting Fire Department coverage offered this evening offers lower deductibles and more comprehensive medical malpractice coverage. The rest of the City's insurance program will remain with Traveler's Insurance. The Travelers' Insurance Program offers the same limits of coverage and deductibles. Increases in property coverage have been made for City buildings having undergone capital improvements. Marilyn Rivers stated the Fire Department insurance has been broken out and left the rest of the City with Travelers. The new insurance, ESIP, has shrinking deductibles; if there are no claims in a 3 year time period, the deductible will go from $1,000 and $2,500 to zero. There is also good samaritan coverage. The auto losses continue to be negative and we are not achieving the 20% credit we could be. These losses are not due to police or fire; it rests with public works. Harry Bucciferro of Marshall and Sterling stated last year the Council approved Traveler’s as their insurance company. They felt it was appropriate to go out and see if they could get better rates as they knew the insurance premiums were going to increase. By splitting out the coverage, we save about $10,000 in premiums in 2013 and get a specialize program for the fire and EMS programs. Commissioner Franck asked if the new policy is for the whole Fire Department or just EMS. Mr. Bucciferro advised it is for the Fire Department as a whole. Commissioner Madigan clarified that the premiums went down and the deductibles went down. Mr. Bucciferro advised that is correct. Commissioner Franck stated it was incorrectly reported that this is a $56,000 increase due to the ambulance. There is a savings by splitting these up. Mayor Johnson asked how common is it to split the insurance as we have done. Page 11 of 17 City Council Meeting 12/18/12 Mr. Bucciferro stated ESIP insures about 50% of the fire departments in the state. Commissioner Franck moved and Commissioner Mathiesen seconded to adopt the 2013 insurance program as presented and described. Ayes - All Discussion and Vote: Confined Space Policy (12-418) Commissioner Franck advised the Safety Committee has been working on an updated Confined Space Policy that provides more comprehensive direction to City employees working within the City's confined spaces. The original Confined Space Policy was adopted by the City in September of 2011. Marilyn Rivers stated the original policy was 2 pages and advised the employee to refer to the OSHA regulations. This has been changed to be a step by step program. Commissioner Franck advised training will be provided free of charge by the CSEA Safety Specialists in conjunction with Risk and Safety and the Fire Department. Commissioner Franck moved and Commissioner Madigan seconded to adopt the revised Confined Space Policy as distributed with the agenda. Ayes - All Discussion and Vote: Approval of AED Policy (12-419) Commissioner Franck advised the Safety Committee has re-drafted the City's PAD Program recently revised in January of this year. The new draft places an AED within the DPW Complex on Van Rensselaer Street. The draft also recognizes the efforts of the City Fire Department as the medical provider of this existing program. Marilyn Rivers stated there is a typo - the cabinet has been ordered by public works and she is working with John Hirliman of the Recreation Center to place the AED there. Commissioner Franck moved and Commissioner Madigan seconded to adopt the revised AED Program with the correction as distributed with the agenda. Ayes - All Appointment: Commissioners of Deeds Commissioner Franck advised he is appointing the list of police officers and civilians that is attached to the agenda as commissioners of deeds effective January 1, 2013 with a termination date of December 31, 2014. * Commissioner Franck stated he spoke with former Commissioner Ivins before the meeting tonight. He indicated that Ed Spychalski is out of town and is in control of the keys for the Ford Center. Commissioner Ivins plans to speak with Chairman Weller regarding opening the Ford Center for the kids. FINANCE DEPARTMENT Discussion and Vote: Property Auction Bids (12-420) Page 12 of 17 City Council Meeting 12/18/12 Commissioner Madigan advised there were 3 properties auctioned on December 8th. Bids were received for each property and terms and conditions were signed by all bidders. Commissioner Madigan moved and Commissioner Mathiesen seconded that the City Council accept the bid on Ingersoll Road in Wilton; tax map #154.-1-62 in the amount of $20,000. Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded that the City Council accept the bid on 292 West Circular Street, Saratoga Springs, tax map #165.18-3-26 in the amount of $153,000. Ayes – All Commissioner Madigan moved and Commissioner Mathiesen seconded that the City Council accept the bid on 382 Lake Avenue, Saratoga Springs, tax map # 166.-3-4 in the amount of $75,000. Commissioner Mathisen stated he is glad to see a better bid for property. Commissioner Franck stated when the City takes these properties they come off the tax roll. Now these properties will be put back on the tax roll. Ayes – All Commissioner Madigan corrected the tax map # for 165.18-3-26 for 292 West Circular Street. Discussion and Vote: Budget Transfers – Payroll (12-421) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2012 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (12-422) 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 (12-423) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget amendments – benefits which were distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Capital Budget Amendment – Spring Run Trail (12-424) Commissioner Madigan advised this capital amendment increases the budget for the Spring Run Trail Project to pay the final change order to AECOM. The amendment is in the amount of $47,354.91. Page 13 of 17 City Council Meeting 12/18/12 Commissioner Madigan moved and Mayor Johnson seconded to approve the 2012 budget amendment - capital budget which was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye PUBLIC WORKS DEPARTMENT Discussion and Vote: Accept Donation of Dutch Tulip Bulbs (12-425) Commissioner Scirocco stated Sunnyside Gardens and local growers have partnered to establish a program called “Plants for Parks”. Sunnyside Gardens is donating 15,000 tulip bulbs to be planted within various parks within the City. Commissioner Scirocco moved and Commissioner Franck seconded to accept the donation of 15,000 Netherland Dutch Tulip Bulbs from Sunnyside Gardens; not to exceed $1.25 per bulb. Commissioner Madigan asked if there is a dollar amount associated with this donation. Commissioner Scirocco stated the documentation he has states the bulbs are $1.25 each. Council agreed to add that to the motion. Ayes - All Discussion and Vote: DPW Sick Bank Request (12-426) Commissioner Scirocco moved and Commissioner Mathiesen seconded to approve 6 ½ days from the sick bank. Commissioner Scirocco stated this has been approved by the Union. Ayes – All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Hudson Valley Community College for the EMT-Paramedic Program (12-427) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Hudson Valley Community College for the EMT/Paramedic program. Commissioner Mathiesen stated this is a long standing agreement to furnish clinical experience. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Order Number 1 with PCC Contracting, Inc. (12-428) Page 14 of 17 City Council Meeting 12/18/12 Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a contract with PCC Contracting, Inc. for repair of the Lake Avenue Firehouse cornice. This change order in the amount of $22,225. Funding is in line H3146952 / 52000 / 1174. Ayes - All Discussion: Parking Regulations Workshop Commissioner Mathiesen stated he will be holding a workshop on January 23rd in the Music Hall from 7 – 9 p.m. He will be inviting residents, Mark Baker of the City Center, the Chamber of Commerce, and the Downtown Business Association. Everyone is welcome. Commissioner Mathiesen thanked the Department of Public Works for the use of the Music Hall. Commissioner Franck stated he feels a parking authority should take this out of our hands as we are now approaching the construction of a 3rd parking garage. We need the continuity. Commissioner Mathiesen and Commissioner Scirocco both agreed with that idea. Commissioner Madigan asked if a discussion can be had regarding a parking authority at the workshop. Discussion: Newtown CT School Shooting Commissioner Mathiesen provided his condolences to all the families of the victims. They reached out to the superintendent of schools and offered their assistance regarding school security. It should be said that the teachers lost their lives trying to protect the children. The Westchester County gun show has been cancelled. Our entire society dropped the ball on this. Commissioner Madigan asked how well prepared is our Police Department for active shooters. Commissioner Mathiesen stated the Police Department practices active shooter on a regular basis. SUPERVISORS Joanne Yepsen County Budget for 2013 Supervisor Yepsen announced a $300 million dollar budget was approved. She didn’t support this budget because it was raising taxes without deeper spending cuts and she didn’t want to transfer the assets of Maplewood Manor to a LDC. Racing Resolution on Casinos in NYS Supervisor Yepsen announced this topic has been covered well tonight. She thanked the mayor for putting the resolution forward. The County’s resolution was approved unanimously today. Governor Cuomo stated he is not interested in identifying the 7 locations before the bill goes to the floor in February. Maplewood Manor Supervisor Yepsen announced the next big vote is January 9th for the transfer of the assets to an LDC. Climate Smart Communities Task Force Report Page 15 of 17 City Council Meeting 12/18/12 Supervisor Yepsen announced they met on Friday and had 2 representatives from NYSERDA in attendance to talk about facility energy. They also talked with the Capital District Regional Planning Commission about the Climate Smart Regional Assessment. There is also a possibility of a grant for a community garden at the recreation center. Martin Luther King Celebration for Saratoga Springs Supervisor Yepsen announced the celebration will be Monday, January 21st at the Presbyterian Church from 2 – 4 p.m. Matthew Veitch 2013 Saratoga County Budget Supervisor Veitch announced the budget was passed. This budget is $5 million less than the 2012 budget. There is money in the budget for Maplewood Manor and the sale of the landfill. There is an initiative in the budget for the automatic time and attendance system for County employees. Public Safety Committee Supervisor Veitch announced the County Sheriff has agreements with local municipalities for local patrols. They also passed a grant for the emission interlock program and a grant for the STOP DWI Program. Trail Committee Supervisor Veitch announced the Loudon Trail next to the Wilton Mall is an extensively used trail. There is signage there stating hunters are permitted on the property. They will talk about this issue at their next meeting. Racing Resolution Supervisor Veitch thanked the Council for passing the racing resolution; they also passed one at the County today. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Madigan seconded to move to executive session regarding proposed, pending or current litigation, as well as collective negotiations at 9:45 p.m. Ayes - All The Council returned at 10:30 p.m. Commissioner Franck moved and Commissioner Madigan seconded to add an item to the agenda to authorize the settlement of an Article 7 case for parcel #s 166.29-2-8 and 166.-1-5.16. (12-429) Ayes – All Commissioner Franck moved and Commissioner Madigan seconded for the Council to settle the Article 7 case for parcel #s 166.29-2-8 and 166.-1-5.16. The negotiated assessed value for parcel #166.29-2-8 is $8,692,000.00 for 2010 and $9,000,000.00 for 2011 with an estimated 2011/2012 tax refund of no more than $62,790.22. The negotiated assessed value for parcel #166.-1-5.16 is $5,973,700.00 for 2010 and 2011 with an estimated 2011/2012 tax refund of no more than $15,161.04. The total estimated refund amount for both parcels is no more than $77,951.26. (12-430) Page 16 of 17 City Council Meeting 12/18/12 Ayes - All 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 10:32 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 2/5/13 Vote: 5 - 0 Page 17 of 17