City Council

February 4, 2013 CITY OF SARATOGA SPRINGS City Council Pre- Agenda Meeting PRESENT: Michele Madigan, Commissioner of Finance Anthony Scirocco, Commissioner of DPW Scott Johnson, Mayor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Shauna Sutton, Deputy Mayor Joe Scala, City Attorney Matthew Veitch, Supervisor Joanne Yepsen, Supervisor EXCUSED: John Franck, Commissioner of Accounts Christian Mathiesen, Commissioner of DPS Tim Cogan, Deputy Commissioner, DPW CALL TO ORDER Mayor Johnson called the meeting to order at 9:36 a.m. PUBLIC HEARINGS Mayor Johnson announced that there are three public hearings scheduled for Tuesday night’s City Council meeting. Amend the Capital Budget for Lake Avenue firehouse Roof Project No Comments. Create New Chapter 222 of City Code – Vacant Buildings No Comments. Amend Chapter 136 Insurance Requirements No Comments. PRESENTATIONS 1. New York-Vermont Bi-State Inter-City Passenger Rail Study: Impact on Saratoga Springs by Empire State Passengers Association Mayor Johnson said that a week ago he was approached by the Empire State Passenger Association, an advocacy group for passenger rail service in our area. He said there was a joint study done by New York State and the State of Vermont on passenger rail service that affects our area as well as Southwestern Vermont with the goal being to better serve that area of Vermont. The concern City Council Preliminary Agenda Meeting February 4, 2013 is the potential lack of service or loss of rail service to the City if the recommendations go through and the presentation will address this in detail. Mayor Johnson explained that there is one line in particular; the Ethan Allen line that starts in Rutland Vermont and goes to New York City and the proposal may involve eliminating that line. We do not want that to happen because it is about half of the rail service that comes directly through our local station. They will present and talk about the recommendations that will be presented to the Federal agencies that make the final decision as to whether to approve or disapprove those recommendations. Mayor Johnson said that on his agenda there is a resolution for City Council approval to oppose any effort or recommendations to eliminate that portion of rail service to our station. 2. DPW Water Source and Infrastructure Initiatives Commissioner Scirocco said they plan to bring in Chazen who did a water model earlier in the year and Hanson-VanVleet who is the hydrologist working on the Bog Meadow back up water source for the City. They will be conducting the presentation. EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 12/18/12 City Council Minutes 2. Approval of 12/31/12 City Council Minutes 3. Approval of 12/04/12 City Council Minutes 4. Approval Budget Amendments (Increases) 5. Approve Budget Transfers – Regular 6. Approve Payroll 01/18/2013 $410,666.03 7. Approve Payroll 01/25/2013 $617,675.74 8. Approve Payroll 02/01/2013 $409,124.92 9. Approve Warrant: 2012 Mid - 12MWDec4 $12,576.96 10. Approve Warrant: 2012 Mid - 12MWDEC5 $391.30 11. Approve Warrant: 2012 Reg - 12Dec5 $587,998.85 12. Approve Warrant: 2013 Mid - 13MWJAN2 $37,271.55 13. Approve Warrant: 2013 Mid - 13MWJAN3 $80,524.32 14. Approve Warrant: 2013 Reg - 13FEB1 $1,623,850.83 15. Approve Warrant: 2013 Reg - 13FEB2 $3,154.84 No comments on the above. MAYOR’S DEPARTMENT 1. Discussion and Vote: Resolution of Support of Retaining Ethan Allen Passenger Rail Service in Saratoga Springs No comments. 2. Discussion and Vote: Saratoga County Animal Shelter Agreement for 2013 No comments. 3 Announcement: 2013 State of the City Address Mayor Johnson said he is obligated by the City Charter to present this to the City Council officially. In response to a request by the Commissioner of Public Safety who could not be at this meeting, Mayor Johnson said that they would move things out of order for the pre-agenda meeting only. And the Public Safety Agenda would be reviewed. Page 2 of 8 City Council Preliminary Agenda Meeting February 4, 2013 ACCOUNT’S DEPARTMENT 1. Discussion and Vote: Amend Chapter 136 of the City Code for Insurance Requirements Deputy Commissioner Kellner-Chille said that the City’s Risk and Safety Manager, Marilyn Rivers is here if anyone has questions. There were no questions or comments from the Council. 2. Discussion and Vote: Assessment Clerk Salary Deputy Kellner-Chille stated that a job description has been uploaded into the agenda system for the new position being created in the Accounts Department as well as the schedule indicating the grade, step and salary for that position. Mayor Johnson asked if the position was going to be filled and Deputy Kellner-Chille replied that this is just to create the position; she is currently interviewing but we will not be making an appointment at this time. 3. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s Deputy Kellner-Chille said this is something we do every year for those who advertise in our Parking Garages. If anyone else is interested, please contact the Accounts Department. 4. Award of Bid: Flowers and Bulbs to Dehn’s Flowers, Inc. Deputy Kellner-Chille said this item comes from the Department of Public Works. Commissioner Madigan said there are currently insufficient funds in this line unless it is an “up to”. Commissioner Scirocco said that the department budgets for the flowers and buys them accordingly; the bid gives us a list of items and we purchase them as needed up to the amount budgeted. Deputy Commissioner Bachner said that the way it is awarded it looks like it was for the amount of $49,400 but if it is up to a specific amount that would need to be clarified for the record. 5. Award of Bid: Material Trommell Screen to Rock and Recycling Solutions Deputy Kellner-Chille said that this is also comes from DPW and Rock and Recycling Solutions was the lowest bidder. 6. Appointment: Commissioner of Deeds Deputy Kellner-Chille said there are two individuals to be appointed as Commissioner of Deeds. 7. Announcement: Retirement of Karen Whipple No Comments. FINANCE DEPARTMENT 1. Discussion and Vote: 2013 Bond Resolution Commissioner Madigan said that the bond resolution gives the Commissioner of Finance the authority to bond when needed for named projects; it is not the actual bonding. 2. Discussion and Vote: Use of Reserve Resolution - Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings Commissioner Madigan said that they will be using the Capital Reserve fund to cover a small part of the expense of the Lake Avenue Firehouse infrastructure project. 3. Discussion and Vote: Resolution – Military Pay Page 3 of 8 City Council Preliminary Agenda Meeting February 4, 2013 Commissioner Madigan said that information has been circulated about this resolution which is essentially to remunerate the City’s military employees accordingly. She described two revisions she is making to the resolution including adding a ninth sentence that states that “this resolution shall be reviewed annually by the Finance Department”. Commissioner Madigan said that another small revision might be required and is currently being reviewed by the City Attorney. She said that we may wish to add language “following the exhaustion of all regular and statutory obligations”. She explained that this is the way the resolution was handled back on October 2, 2001 when there was a differential resolution for military pay for existing military employees at that time. The final draft of the resolution will be uploaded for review when the final agenda goes out. 4. Discussion and Vote: Authorization for the Mayor to Sign MVP Gold Health Insurance Contract No comments. 5. Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 10 Insurance Contract No comments. 6. Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 25 Insurance Contract No comments. 7. Discussion and Vote: Authorization for the Mayor to Sign MVP PPO Insurance Contract Commissioner Madigan said these four items [4-7] are contract renewal sheets. The only changes are state or federally mandated and they are additional benefits only. 8. Discussion and Vote: Budget transfers – Payroll No comments. 9. Discussion and Vote: Budget Transfers – Benefits No comments. 10. Discussion and Vote: Budget Amendments – Benefits No comments. 11. Discussion and Vote: Capital Budget Amendment – Lake Avenue Fire Station Roof Commissioner Madigan said this may need to be moved up to be agenda item number 1 before the bond resolution and before one item on the Public Safety agenda. 12. Announcement: Online Payment of Taxes and Utility Bills Commissioner Madigan said she will be telling the pubic a little more about when this will roll out, hopefully Tuesday or Wednesday this week. Commissioner Madigan announced she would be adding two items to the Finance agenda. 13. Discussion and Vote: 2013 Annual Tax Resolution No comment. 14. Announcement: Spa Solar Park Development RFP Page 4 of 8 City Council Preliminary Agenda Meeting February 4, 2013 Mayor Johnson asked if this was an announcement that the RFP would go out. Deputy Commissioner Bachner said that first a draft RFP was circulated and then a final RFP followed. In between the two versions, they spoke with any department that had questions, particularly the Department of Public Works since they are integral to the project and every change requested by DPW was incorporated into the RFP. Deputy Bachner said they are planning to release the RFP today and the announcement at the meeting will be to state that the RFP had gone out and that they would be putting together an evaluation committee. PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Accept Donation- HP DeskJet F4280 Printer Commissioner Scirocco said the machine is from a City employee and will be used in the Water Treatment Plant; the IT department has determined that it is compatible with the City’s system. 2. Discussion and Vote: Authorization for Mayor to Sign Agreement Addendum with Franklin Community Center Commissioner Scirocco said that DPW has been working with the Accounts Department and Marilyn Rivers on this. Marilyn Rivers, the City’s Risk and Safety Manager, said that the addendum allows the Franklin Community Center to use the same insurance requirements as all of the other City buildings. She said there are sub-lessees that wish to utilize the Franklin Community Center, whether for birthday parties or community events and this provides a standard basis for all the leasing throughout such as the Arts Council, the Visitor’s Center, the Music Hall; we are standardizing the process which is beneficial to the Franklin Community Center. Mayor Johnson asked if it saves them money. Marilyn Rivers clarified that it saves the sub-lessees money, the insurance requirements for the FCC stay the same; the FCC has agreed to accept the risk for the difference in the limits, everyone is on board with this. Mayor Johnson asked if all city owned buildings are now consistent and Marilyn Rivers replied that it is now consistent; this new language needs to be incorporated into the next lease since the current lease between the FCC and the City expires at the end of this year. 3. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Butler Rowland Mays Architects – City Court Room Bench Renovations Commissioner Scirocco explained that the City contracts with the Court System to do maintenance in the Court. The Court wishes to make changes to their bench so they sent out an RFP for a new design and did not receive any responses. DPW then contacted Butler Rowland Mays Architects and are going to be contracting with them to do a design for the bench. He said the City will be reimbursed for all expenses incurred. Mayor Johnson asked what the City’s legal recourse is when there are no responses to an RFP. Deb LaBreche, Assistant City Engineer said that they spoke with the City’s Assistant Purchasing Agent and since the they went through the entire process, reaching out to at least six architects, and based upon the small amount of money and the schedule no one was interested in submitting a proposal, so since there was due diligence done, it was ok to go with Butler Rowland Mays to get the project accomplished. Deb LaBreche said the available budget the Court has is quite modest and the architects thought it was not realistic but Butler Rowland Mays has come up with some innovative ways to make the most of the small amount of money. 4. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Ryan Biggs – Canfield Casino Basement City Engineer Tim Wales said that they started with Ryan Biggs for the design of the basement floor then there were structural issues on the first floor and that floor had to be stabilized. The vapors from the dirt floor in the basement migrate up through the building and crack the plaster which is why the building is deteriorating. He explained that the contract is for Ryan Biggs to seal the dirt floor with a vapor barrier and concrete and the scope of the project is small so there are design fees included as well as their services and inspections required by New York State. Commissioner Madigan asked that Page 5 of 8 City Council Preliminary Agenda Meeting February 4, 2013 a signed certification of sufficient funds be uploaded to replace the unsigned version that is currently uploaded. 5. Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with Dente Engineering for the Canfield Casino Basement City Engineer Tim Wales said that Dente is the Geotechnical Engineer working on the design of the vapor barrier for the Casino basement and the contract also includes the fee for construction inspections required by New York State. Commissioner Madigan asked that a signed certification of sufficient funds for this contract also be uploaded to the system to replace the unsigned certificate. Commissioner Scirocco added two items to his agenda. Agenda item number 6 is to set a public hearing to amend the 2013 capital budget for City buildings because there is $146,000 to be moved from the 2012 capital budget into the 2013 capital budget and there must be a public hearing to start the process. Commissioner Scirocco said that the agenda item 7 is to set a public hearing to amend the 2013 capital budget for the Water Treatment Plant because there have been some additional costs of asbestos and lead paint abatement that require an amendment of the capital budget. Deputy Bachner asked if this is included in the bond resolution that is already on the agenda. Deputy Bachner asked if this would be bonded. City Engineer Tim Wales said this is not in the capital budget now; Commissioner Scirocco said the amount is $225,000 and he and Tim Wales agreed that it would have to be bonded. Deputy Bachner explained that if this is not included in the bond resolution we have no authority to bond it and this is a different piece to the process that should be discussed after the meeting. City Engineer Tim Wales said that the contractor knew there was asbestos involved with the project but there is much more asbestos than expected that was not visible until the construction began, plus there is led based paint to be removed below the waterline and on the tanks as well. Deputy Bachner said we have no authority to bond this, it is a separate step so it will either be added to the bond resolution that is currently on the agenda for tomorrow night or we will have to pay to do a separate bond resolution; the details should be worked out after the meeting. Commissioner Madigan said having a separate resolution would be very expensive but it is not clear if this can be added to the current bond resolution. Mayor Johnson said the concern is appropriate public notice. Commissioner Madigan said the preference is to include it in the bond resolution; she agreed that the public hearing can be set regardless. She said they would try to figure this out; another option could be to hold off on the bond resolution. They agreed to spend the two hours before the final agenda comes out to attempt to solve the problem. PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Art Breault, NYS Certified Instructor Coordinator for the Fire Dept. Training Deputy Commissioner Finneran said that Art Breault is going to be the certified EMS instructor this year and will be conducting additional training for the Fire Department 2. Discussion and Vote: Authorization for Mayor to Sign contract with Fire Apparatus for Maintenance on fire department fire engines Deputy Finneran said this is an annual maintenance agreement. 3. Discussion and Vote: Amend Capital Budget for Lake Avenue Firehouse Roof Deputy Finneran said that the roof project will cost $70k more than planned because the cornice is pulling away more than they originally realized. If anyone has questions, they should speak with the Assistant City Engineer Deb LaBreche. Deputy Commissioner Bachner said that this approval might Page 6 of 8 City Council Preliminary Agenda Meeting February 4, 2013 have to come before the Bond Resolution which is on the Finance agenda. She will work out the order with The Mayor’s Executive Assistant. 4. Discussion and Vote: Authorization for Mayor to sign change order #2 to PCC Contracting Deputy Finneran said that this change order is the result of the cornice issue and the additional money required to fix it. 5. Discussion and vote: Ordinance to create a new chapter 222 of the City Code, entitled Vacant Buildings Deputy Finneran said that the City Council received back-up information on this. 6. Discussion and Vote: Resolution to establish inspection fees for Chapter 222, Vacant Buildings Deputy Finneran said that [Assistant City Attorney] Tony Izzo said that the Council has to approve this resolution by a separate vote in order to have the fees for the vacant buildings. 7. Discussion and Vote: Accept donation from City Center Deputy Finneran said this refers to the $1,000 they donated toward the overtime costs incurred by the gun show. 8. Discussion and Vote: Accept donation from NEAC Deputy Finneran said this also refers to a donation toward the overtime costs incurred by the gun show. 9. Set Public Hearing: Idling Ordinance Deputy Finneran said they are working on this ordinance with Skidmore and Cool Cities. 10. Set Public Hearing: Parking regulation amendments to Section 225 of the City Code Deputy Commissioner Finneran explained that this is in regard to the new parking garage and some of the surrounding streets about which the meeting was held last week; this is to codify those changes. 11. Announcement: Active Shooter informational presentation and public meeting February 13, 2013 Deputy Finneran explained that the public meeting portion involves anything that members of the public would like to discuss. 12. Announcement: 2012 Police Officer of the Year No comments. 13. Discussion: Response to Mayor Johnson’s State of the City No comments. Deputy Finneran said they wished to add an item to set another public hearing for the Speed Limit on Crescent Street. Page 7 of 8 City Council Preliminary Agenda Meeting February 4, 2013 SUPERVISORS MATTHEW VEITCH 1. Update: Meeting with Governor’s Secretary on Racing and Gaming No comments. 3. Update: NYSAC Conference – February 4-5, 2013 No comments. 4. Update: Saratoga County Planning Conference – January 30, 2013 No comments. JOANNE YEPSEN 1. Meeting with Governor Cuomo’s secretary of New York State Racing and Gaming. Supervisor Yepsen said that the purpose of this meeting to deliver and discuss the resolutions on the importance of the racing industry to out local economy and how it can add to the Governor’s plan for New York State. 2. NYSAC Conference 3. Saratoga County emergency Preparedness Supervisor Yepsen said she would be making a report on the quarterly group meeting at Saratoga Hospital. 4. Recap: Saratoga County Planning Conference No Comments. 5. Recap: Martin Luther King Day Celebration No Comments. ADJOURN Mayor Scott Johnson adjourned the meeting at 10:05 a.m. Respectfully submitted, Nancy Wagner, Clerk Approved: 2/19/13 Date: 5 - 0 Page 8 of 8