City Council

February 5, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:45 PM P.H. – Amend Capital Budget for Lake Avenue Firehouse Roof Project 6:50 PM P.H. – Create New Chapter 222 of City Code – Vacant Buildings 6:55 PM P.H. – Amend Chapter 136 Insurance Requirements 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. DPW Water Source and Infrastructure Initiatives 2. New York – Vermont Bi-State Intercity Passenger Rail Study: Impact on Saratoga Springs by Empire State Passengers Association EXECUTIVE SESSION: None CONSENT AGENDA 1. Approval of 12/18/12 City Council Minutes 2. Approval of 12/31/12 City Council Minutes 3. Approval of 12/4/12 City Council Minutes 4. Approve Budget Amendments (Increases) 5. Approve Budget Transfers - Regular 6. Approve Payroll 01/18/13 $410,666.03 7. Approve Payroll 01/25/13 $617,675.74 8. Approve Payroll 02/01/13 $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 – 12REG12DEC5 $587,998.85 12. Approve Warrant: 2013 Mid – 13MWJAN2 $37,271.55 13. Approve Warrant: 2013Mid – 13MWJAN3 $80,524.32 14. Approve Warrant: 2013 Reg – 13FEB1 $1,623,850.83 15. Approve Warrant: 2013 Reg – 13FEB2 $3,154.84 MAYOR’S DEPARTMENT 1. Discussion and Vote: Resolution of Support of Retaining Ethan Allen Passenger Rail Service in Saratoga Springs City Council Meeting 2/5/13 2. Discussion and Vote: Saratoga County Animal Shelter Agreement for 2013 3. Announcement: 2013 State of the City Address ACCOUNTS DEPARTMENT 1. Discussion and Vote: Amend Chapter 136 of the City Code for Insurance Requirements 2. Discussion and Vote: Assessment Clerk Salary 3. Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s 4. Award of Bid: Flowers and Bulbs to Dehn’s Flowers, Inc. 5. Award of Bid: Material Trommell Screen to Rock and Recycling Solutions 6. Appointment: Commissioner of Deeds 7. Announcement: Retirement of Karen Whipple FINANCE DEPARTMENT 1. Discussion and Vote: Capital Budget Amendment – Lake Avenue Fire Station Roof 2. Discussion and Vote: 2013 Bond Resolution 3. Discussion and Vote: Use of Reserve Resolution – Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings 4. Discussion and Vote: Resolution – Military Pay 5. Discussion and Vote: Authorization for the Mayor to Sign MVP Gold Health Insurance Contract 6. Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 10 Insurance Contract 7. Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 25 Insurance contract 8. Discussion and Vote: Authorization for the Mayor to Sign MVP PPO Insurance Contract 9. Discussion and Vote: Budget Transfers – Payroll 10. Discussion and Vote: Budget Transfers – Benefits 11. Discussion and Vote: Budget Amendments – Benefits 12. Discussion and Vote: 2013 Annual Tax Resolution 13. Announcement: Spa Solar Park Development RFP 14. Announcement: Online Payment of Taxes and Utility Bills PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Accept Donation – HP Deskjet F4280 Printer 2. Set Public Hearing: Amend the 2013 Capital Budget – City Buildings 3. Set Public Hearing: Amend the 2013 Capital Budget – Water Treatment Plant 4. Discussion and Vote: Authorization for Mayor to Sign Agreement Addendum with Franklin Community Center 5. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Butler Rowland Mays Architects – city Court Room Bench Renovations 6. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Ryan Biggs – Canfield Casino Basement 7. Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with Dente Engineering for the Canfield Casino Basement PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Art Breault, NYS Certified Instructor Coordinator for the Fire Department Training 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Fire apparatus for Maintenance on Fire Department Fire Engines 3. Discussion and Vote: Amend Capital Budget for Lake Ave Firehouse Roof 4. Discussion and Vote: Authorization for Mayor to Sign Change Order #2 to PCC Contracting 5. Discussion and Vote: Ordinance to Create a New Chapter 222, Entitled Vacant Buildings 6. Discussion and Vote: Resolution to Establish Inspection Fees for Chapter 222, Vacant Buildings 7. Discussion and Vote: Accept Donation from City Center Page 2 of 20 City Council Meeting 2/5/13 8. Discussion and Vote: Accept Donation from NEAC 9. Set Public Hearing: Idling Ordinance 10. Set Public Hearing: Parking Regulation Amendments to Section 225 of the City Code 11. Announcement: Active Shooter Informational Presentation and Public Meeting February 13, 2013 12. Announcement: 2012 Police Officer of the Year 13. Announcement: Ambulance Report 14. Discussion: Response to Mayor Johnson’s State of the City 15. Set Public Hearing: Amend Chapter 225, Article 9, Section 225-71, Schedule 4 – Speed Limit on Crescent Avenue 16. Announcement: Meeting with Congressman Tonko on January 29, 2013 17. Announcement: Condolences to Fire Chief Williams SUPERVISORS Joanne Yepsen 1. Meeting with Governor Cuomo’s Secretary of New York State Racing & Gaming 2. NYSAC Conference 3. Saratoga County Emergency Preparedness 4. Saratoga County Planning Conference 5. Martin Luther King Day Celebration Matt Veitch 1. Meeting with Governor’s Secretary on Racing & Gaming 2. NYSAC Conference – February 4-5, 2013 3. Saratoga County Planning Conference – January 30, 2013 ADJOURN Page 3 of 20 City Council Meeting 2/5/13 February 5, 2013 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 Capital Budget for Lake Avenue Firehouse Roof Project Mayor Johnson opened the public hearing at 6:47 p.m. Commissioner Mathiesen advised the damage to the cornice was greater than anticipated. The additional amount required to complete the repair is $99,050. No one spoke. Mayor Johnson closed the public hearing at 6:50 p.m. Page 4 of 20 City Council Meeting 2/5/13 Create New Chapter 222 of City Code – Vacant Buildings Mayor Johnson opened the public hearing at 6:50 p.m. Commissioner Mathiesen advised this ordinance establishes a registration and periodic inspection system for vacant buildings. Owners of vacant buildings will be required to provide contact information, briefly state future plans for the building, annually renewals, and annual fees will be required as long as the building remains vacant. Bonnie Seller of 73 Fifth Avenue stated she is concerned about homes that are for sale for more than 180 days. For example, an elderly parent could be moved out of their home and the house then becomes vacant but is in good condition with the yard being tended to. There should be a something distinguishing the different between those types of houses and the true vacant, run down homes. Commissioner Mathiesen advised that was part of an earlier draft. They have made provisions for situations like that by defining a vacant property as “a building or structure, or a separate and distinct section thereof that has no substantial or permanent or periodic occupancy by any person for any purpose. A building or structure that is unsecured and in violation of New York State code.” Samantha Bosshart of the Saratoga Springs Preservation Foundation stated they are in support of this. This is a good step to help address the issue to make owners accountable. Mayor Johnson closed the public hearing at 6:55 p.m. Amend Chapter 136 Insurance Requirements Mayor Johnson opened the public hearing at 6:55 p.m. Commissioner Franck advised we are removing a couple words from the ordinance regarding insurance. We are removing “on a primary and non-contributory basis” and “solely” as it limits the City’s coverage. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 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 7:01 p.m. David Chew of 18 Alger Street stated to negatively target, interfere, and abolish a legally held business activity within this City is disturbing. To implement a ban that implies a disregard for protective liberties of legal commerce practice and the law abiding citizens who operate and patronize them is unconscionable and a hostile act. Wilma Koss of 160 Kaydeross Park Road stated at the last City Council meeting people urged the cancellation of future gun shows. She felt sorry for those who stated they feared for their lives. The gun Page 5 of 20 City Council Meeting 2/5/13 show has been here for many years without frightening people. It is only because people were demonstrating against the show that there were counter demonstrations. People keep saying they are not taking away anyone’s second amendment rights. They just don’t want those rights exercised in our City Center. This is an opportunity for the City to be a force for good. We could the gun show promoters to conduct gun safety classes during the show. It is time to become responsible Saratoga. Rayna Caldwell of 96 Fifth Avenue stated she is representing Sustainable Saratoga. They would like to be invited to participate in the comprehensive plan review committee being assembled. Charlotte Levy of 815 North Broadway stated she is here as a representative of Cool Cities and to support the idling ordinance. This will protect our environment, fulfill our reductions commitments, and significantly affect the health of our citizens. Marion Walsh of 3 Ruggles Road stated she is now part of Sustainable Saratoga. She feels it would be great to have Sustainable Saratoga serve on the new Comprehensive Plan Committee. John Brueggemann of 52 State Street stated it is fair to assume the majority of the people who attend gun shows are decent, law abiding citizens. Such shows have become a hub for criminal activity including illegal sales, surrogate sales, and sales of stolen weapons. There is an epidemic of violence in our country and our community has not been untouched. Our community is divided about this issue. Andrea Hyde Rogers of Saratoga Springs (Raymond Watkins Apartments) stated she has filed many complaints with the management about how they run the apartments. She has complained about no ventilation system and there are a lot of smokers in that building. Cold air is coming in and they pay for their own heat and electric. She stated she has been served by Linda DeRusso that she is not going to renew her lease. Todd Garafano, president of the Convention and Tourism Bureau thanked the Council for their help with Chowder Fest. We had 20,000 people on the street. He also thanked Dan Cogan, Lisa Nolan, and Kevin Veitch for their support and direction leading up to the event. Bill McTygue of 15 York Street stated the Wilton Water and Sewer Authority rejected the City’s resolution to sell water to the 18 homes in Floral Estates Phase 5 in the Town of Wilton. Wilton is insisting that the water sale agreement be open-ended to allow for the sale of 50,000 gallons per day to be used in the ‘general vicinity.’ None of this was shared with the Council or the public. When this does come back to the Council for further discussion, he urged the Council to refuse the Town’s demands. The water was turned on by the City DPW without knowing if the Town would accept the City’s terms. The Town also cancelled payment on the original $54,000 check for connection fees paid to the City. Mr. McTygue submitted (attached to hard copy of minutes) his comments in writing as his time was up. Charlie Morrison of 88 Court Street stated questions have arisen from this such as the future of our water supply. Why was a well put in the middle of nowhere; where there is low density development and very limited need? At the same time the Health Department is telling us to find more water and then we are shoveling out the back door to Wilton. There are a bunch of other questions. This deserves a real discussion and not to have our water treated like a political football. Mark Lawton of 209 Nelson Avenue stated the Charter requires a full justification of every capital project. This includes where the monies will be coming from for the project. It is the responsibility of the mayor to ensure the requirements of the law are met. Mark Baker, president of the City Center stated the topic has led to an enormous amount of mis- information. One publication stated there was stolen property at an event at the City Center; that property included fire arms and ammunition. That is not true. He has a copy of the police report and there were not such items mentioned in the report. He offered the continued assistance of the City Center Authority. Tom Denning of 205 East Avenue stated he supports the fact that Sustainable Saratoga would have expertise that would be of value to the Comprehensive Plan Committee. After hearing the State of the City Page 6 of 20 City Council Meeting 2/5/13 Address, he learned the Committee favored large institutions, large property stakeholders, developers, land use boards and lacked the range of citizen perspectives in an evolving era. Molly Corbett of 23 Tyler Drive stated NEACA, Inc., the promoter of the gun show at the City Center entered into a consent order with the Attorney General in November 2012 which required them to notify the City law enforcement and request they regularly patrol the surrounding areas. As a taxpayer, she is not sure she wants her public safety resources subsidizing this as a private security force. The lessee agreed that he is responsible for security and all miscellaneous charges, fees, and costs. Under the Public Authorities Law, consent is to be obtained from the City Council prior to the resources being expended. John Tighe of Rowland Street, Milton stated it is unfair to blame the City Center for the security costs evolving around the event. Most of those costs were created by the demonstrators. Susan Steer of 180 Phila Street stated she sent a letter to the Council regarding liability issues and if the City and taxpayers are adequately protected. She sent FOIL requests to the City Center and the City for insurance information. The information she received from the City Center did not include a copy of the policy and she has not heard back from the City yet. Jim Hartman of 1003 Freeman Court, Wilton stated he is in support of Commissioner Madigan’s proposal for the military resolution. Bob Turner of 180 Phila Street echoed Mark Baker’s call for values. Thirty percent of all guns used in crimes in America occur through illegal sales. This is why the NY Attorney General has required police presence. Let’s see the contract with NEACA and the insurance. Mayor Johnson closed the public comment period at 7:42 p.m. PRESENTATIONS DPW Water Source and Infrastructure Initiatives Tim Wales, city engineer stated we have an upgrade project going on right now at the water plant. The City’s safe yield is 7.8 million gallons per day total from all our water sources. The City uses 3.5 million gallons per day during the winter months and 5.5 million gallons per day during the summer months. The highest water demand for a single day to date is 8.7 million gallons. We have plenty of capacity to supply water required. The Department of Health is requiring us to develop additional source capacity; safe yield but did not tell us how much. The estimate for flow needed by year 2030 is 11 million gallons per day which includes 500,000 gallons of water per day for Wilton. An engineer was hired to help them determine how many additional gallons per day we will need by 2013. The study identified the need for an additional 275,000 gallons per day on an average daily basis by 2013 and about 500,000 gallons per day based upon peek day flow. The City has been dealing with source capacity for many years. Eric Hansen of Hansen VanVleet provided the City Council with background and an update on the Bog Meadow project. They tested the aquifer through test holes. Based upon the pump test, they did the well design and calculated the number of holes they can put in. This produced 1.9 million gallons per day. Tim Wales explained the City did a water model this past year through Chazen. Eric Johnson of Chazen advised they developed a water model of the City’s water system which has a computer model of all its pipes and pumps. They will be able to evaluate future connects, asset planning, impacts to the water system, and develop cost estimates for replacements or looping. Tim Wales stated the water model will give them costs for capital water projects. They do look for other funding sources, not just capital money. Page 7 of 20 City Council Meeting 2/5/13 New York – Vermont Bi-State Intercity Passenger Rail Study: Impact on Saratoga Springs by Empire State Passengers Association Mayor Johnson stated this regards the potential loss of trail service in our local station. Benjamin Turon is here from the Empire State Passenger Association to present the issues involved. This is the Vermont to New York City route called the Ethan Allen. Benjamin Turon stated the Empire State Passenger Association is a not for profit. During 2012, Amtrak carried 31.2 million passengers. In 2012, 32,513 passengers used the Saratoga Train Station. Saratoga is the busiest city for the Ethan Allen north of the Rensselaer station. He provided a list of improvements being made to the tracks. The New York / Vermont bi-state intercity passenger service is a study on the expansion of intercity passenger rail to Manchester and Bennington Vermont via Mechanicville is being prepared for the Vermont Agency of Transport and the NYS DOT. The study is required before any federal funds can be spent on the project. The first alternative is having a new train run to Rutland via Mechanicville and the Ethan Allen would continue on its current route through Saratoga Springs. The second alternative the existing Ethan Allen service would be rerouted through Mechanicville and Saratoga would see its rail service reduced by half. The consultants are leaning towards recommending the second alternative as the annual operating costs would be much less. His organization feels the best alternative is the first one. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 12/18/12 City Council Minutes 2. Approval of 12/31/12 City Council Minutes 3. Approval of 12/4/12 City Council Minutes 4. Approve Budget Amendments (Increases) 5. Approve Budget Transfers - Regular 6. Approve Payroll 01/18/13 $410,666.03 7. Approve Payroll 01/25/13 $617,675.74 8. Approve Payroll 02/01/13 $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 – 12REG12DEC5 $587,998.85 12. Approve Warrant: 2013 Mid – 13MWJAN2 $37,271.55 13. Approve Warrant: 2013Mid – 13MWJAN3 $80,524.32 14. Approve Warrant: 2013 Reg – 13FEB1 $1,623,850.83 15. Approve Warrant: 2013 Reg – 13FEB2 $3,154.84 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Resolution of Support of Retaining Ethan Allen Passenger Rail Service in Saratoga Springs (13-07) Mayor Johnson stated this is related to the presentation we just heard. The resolution is as follows: 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 Page 8 of 20 City Council Meeting 2/5/13 Commissioner John P. Franck WHEREAS, the debate of the future of passenger rail service in New York and nationally is well underway, inasmuch as passenger rail is a vital and integrated component of multi modal transportation systems; and WHEREAS, society has been and continues to be increasingly aware and desirous of expansion of mass transit options, both for convenience and environmental conservation; and WHEREAS, the primary goal of any intercity passenger rail service has been to provide services to areas that are currently underserved or unserved; and WHEREAS, Saratoga Springs has a long and treasured history of rail service, both for tourists and residents alike, producing a strong economic impact in maximizing the availability and convenience of our connection to persons and places beyond our geographic border; and WHEREAS, the New York-Vermont Bi-State Intercity Passenger Rail Study aimed at restoring service to southwestern Vermont and mid-eastern New York unveiled its draft plan at a stakeholders meeting on December 11, 2012, with public meetings thereafter held in Mechanicville, New York and Rutland, Vermont, wherein the study presented three alternatives, one of which would remove current passenger rail service from Saratoga Springs; and WHEREAS, only one of the proposed three alternatives would result in the elimination of the Ethan Allen line currently servicing Saratoga Springs; and WHEREAS, the Federal agency with jurisdiction and authority over this matter, the Federal Railroad Administration, will be considering such intercity passenger rail studies in forming the basis for future federal funding for rail passenger improvements following submission of final study documents to them in February 2013; and WHEREAS, the proposal to eliminate current passenger rail service from Saratoga Springs involves the Ethan Allen line, which currently provides connections between Rutland, Vermont and New York City, with one round trip daily, with stops in Castleton, Vermont and Fort Edward/Glens Falls, Saratoga Springs, Schenectady and Albany/Rensselaer, New York; and WHEREAS, other than the Ethan Allen line service aforementioned, Saratoga Springs is served by only one other service line: The Adirondack line for service between Montreal, Canada and New York City, making one round trip daily with stops at Whitehall, Fort Edward/Glens Falls, Saratoga Springs, Schenectady and Albany/Rensselaer, New York; and WHEREAS, Saratoga Springs has strong objections to any such proposal that would in essence lose half of our rail service serving these destinations and, simply put, it makes no sense to try to improve passenger rail service for underserved or unserved areas of the region by eliminating existing service from other underserved areas such as our City; and WHEREAS, the existence of alternatives that would not reduce the current rail service from the Ethan Allen line to Saratoga Springs is a strong and compelling factor in not eliminating any existing rail service to our City, particularly given the strong economic growth over the last few years experienced here within Saratoga County as compared to any other region nationally; and WHEREAS, intercity passenger rail service must continue to be a transportation priority in New York State and nationally, particularly since New York State has one of the largest networks intercity passenger rail service in the nation; now, therefore be it RESOLVED that the City of Saratoga Springs, through the City Council, expresses its strong opposition of any elimination of passenger rail service serving our City, including the current potential elimination of one half of rail service to points north to Vermont and Canada, and south to New York City; and, be it further RESOLVED, that the City of Saratoga Springs urges the New York State Department of Transportation, in cooperation with the Federal Railroad Administration, to not accept any proposal contained within the New York-Vermont Bi-State Intercity Passenger Rail Study that would eliminate or reduce the service to our City as currently provided by the Ethan Allen line, particularly since there are other alternatives available that can service and better provide for any current unserved areas in Vermont and New York while maintaining a vital existing passenger rail connection for Saratoga Springs; and be it further RESOLVED, that the Clerk of the City of Saratoga Springs shall forward a certified copy of this resolution, together with a cover letter of support from Mayor Scott T. Johnson, to the New York State Department of Transportation, the Federal Railroad Administration, the Vermont Agency of Transportation, and the City’s representatives in the United States Senate, United States Congress, New York State Senate and Assembly. Mayor Johnson moved and Commissioner Madigan seconded for the Council to enter into the resolution. Ayes - All Council recessed at 8:44 p.m. Council returned at 8:52 p.m. Discussion and Vote: Saratoga County Animal Shelter Agreement for 2013 (13-27) Mayor Johnson advised this is an annual agreement in the amount of $4,149.50. Funding is in line A3113514 / 54720. Page 9 of 20 City Council Meeting 2/5/13 Mayor Johnson moved and Commissioner Franck seconded that the mayor be authorized to enter into this agreement. Ayes - All Announcement: 2013 State of the City Address Mayor Johnson stated the State of the City Address is now posted on the City’s website. Commissioner Mathiesen stated there was a lot to like about this year’s State of the City Address. Credit is well deserved for the opening of the new parking garage and the continued success of the expanded City Center. The update of our comprehensive plan is critical to our future expansion and growth. He found it troubling that the mayor would select 11 committee members without discussion of the Council. The City Charter gives the mayor powers of appointment to various boards and committees, but the Comprehensive Plan Review Committee is not among them. He suggested that the New York Department of State guidelines be followed with each member of the City Council appointing an equal number of committee members. Mayor Johnson stated a memo was sent to the entire City Council on January 25, 2013 advising why he thought he had the authority to take the action he took. The City Charter states the mayor shall initiate reviews which includes the City Comprehensive Plan. That is what he is relying on. As a compromise, he has offered to seek recommendations from each Council member. He only received a recommendation from Commissioner Scirocco. He asked the Council to submit their recommendations by February 5th. Commissioner Mathiesen stated a more balance committee can be achieved by participation of the Council. An 11 – 1 ratio is not a balance. Mayor Johnson stated he nominated 11 to the committee and he is receiving recommendations from each of the Council members as to who they would like to see on the committee. Commissioner Madigan stated what the mayor has offered the rest of the Council does not seem fair and equitable. She would prefer to see something come forward from him that is more reasonable and fair. Commissioner Franck stated he is going to reject the committee as currently comprised. It does not represent the diversity of this Council or the community it represents. In order for a committee to be successful, it needs to be equitable. The only mayor who did something similar to Mayor Johnson was Mayor Lenz and it never got off the ground. He is not asking for an equal vote to the mayor, but 11 – 2 or 11 – 4 is not a good process. He will not vote for any taxpayer monies to be used. The mayor always talks about process and this is very bad process. It is clear it is not equitable. Mayor Johnson stated he understands and this Council has been relying on City Charter to justify many of its actions of what it can or can’t do. If they want to abide by the Charter; that is what he is doing. Commissioner Franck stated he is not putting a level foundation forward. If the foundation is not level from the beginning the whole structure is going to fall down. Three members of the committee live within 200 yards of each other. Commissioner Madigan stated there are glaring omissions from the list. There are people that should be on the list that are not in order to have a more fair and balanced comprehensive plan going forward. They are not being asked for appointees; they are only being asked for recommendations. Commissioner Mathiesen suggested that in the future they have a better definition of who is suppose to appoint members of the Comprehensive Plan Review Committee. We should make sure that this problem doesn’t come up again in the future. Page 10 of 20 City Council Meeting 2/5/13 Commissioner Scirocco stated he was under the impression this was all negotiable. He understands he is only asking for recommendations at this point. They should try to come up with recommendations and then try to negotiate those recommendations. Mayor Johnson stated the last time there was a Comprehensive Plan Committee it didn’t go anywhere because it had certain flaws from the beginning and it did involve enough people from City Hall to help with the process. He has appointed as part of the 11, 1 from each of the land use boards. Commissioner Mathiesen stated he agreed with having people from the land use boards being members of the committee as they have a lot of expertise. Commissioner Madigan stated unless they see something that is fair and equitable, this comprehensive plan is dead on arrival. Mayor Johnson stated if it is dead in the water; it is because she refuses to be part of the process by not recommending someone. If he didn’t accept the recommendation, then he could understand part of her concern and disappointed. ACCOUNTS DEPARTMENT Discussion and Vote: Amend Chapter 136 of the City Code for Insurance Requirements (13-28) Commissioner Franck advised the insurance requirements are being amended to meet the changing needs of the community for eating and drinking establishments that are feeling the demands of the tightening insurance market. The City’s Additional Insured Status remains the same for all permit holders. The words “primary and non-contributory” have been removed for all permit holders under this ordinance. The word “solely” has also been removed as it limits the City’s coverage for this activity. Commissioner Franck moved and Commissioner Madigan seconded to amend chapter 136 of the City Code as described and distributed. Ayes – 4 Abstention – 1 (Mayor Johnson – due to the potential impact on the businesses he has an interest in within the City) Discussion and Vote: Assessment Clerk Salary (13-29) Commissioner Franck moved and Commissioner Madigan seconded to approve the position of Assessment Clerk as a grade 6, step 1, at the salary of $32,771. This position has been approved by the Civil Service Commission. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Garage Sign Agreement with Purdy’s (13-30) Commissioner Franck advised this is an annual lease agreement with Purdy’s for their advertising sign in the parking garage. Commissioner Franck moved and Commissioner Scirocco seconded to approve the agreement with Purdy’s Discount Wine and Liquor for the parking deck sign program as distributed with the agenda. Ayes - All Award of Bid: Flowers and Bulbs to Dehn’s Flowers, Inc. (13-31) Page 11 of 20 City Council Meeting 2/5/13 Commissioner Franck moved and Commissioner Scirocco seconded to approve the award of bid for flowers and bulbs to Dehn’s Flowers for an amount up to $23,000 or amounts appropriated. Dehn’s was the lowest bidder. Funding is in line A3335014 / 54184. Ayes – All Award of Bid: Material Trommell Screen to Rock and Recycling Solutions (13-32) Commissioner Franck moved and Commissioner Scirocco seconded to approve the award of bid for Material Trommell Screen to Rock and Recycling Solutions of Castleton, NY in the amount of $179,850.00. They were the lowest qualified bidder meeting specifications. Funding is in line H3638192 / 52000 / 1205. Ayes – All Appointment: Commissioner of Deeds Commissioner Franck appointed Nathan Baker of the Police Department and Tara Cosgrove of the Accounts Department as Commissioners of Deeds. Announcement: Retirement of Karen Whipple Commissioner Franck advised that Karen Whipple, the Deputy Registrar of Vital Statistics retired from the City on January 25th. She started with the City of Saratoga Springs as a Senior Clerk in the Civil Service Commission Office March 4, 2004. On January 1, 2010 she transferred to his department as Deputy Registrar of Vital Statistics. During her time in his office, Karen was instrumental in digitalizing all birth records to improve efficiency and was proactive in ensuring all New York State Department of Health requirements were met regarding birth and death records. She also assisted with making various Accounts Department forms available via the City’s website. FINANCE DEPARTMENT Discussion and Vote: Capital Budget Amendment – Lake Avenue Fire Station Roof (13-33) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2013 budget amendment – capital budget for the Lake Avenue Fire Station Roof Project which was distributed with the agenda. Roll Call: Commissioner Franck - Aye Commissioner Madigan - Aye Commissioner Scirocco - Aye Commissioner Mathiesen - Aye Mayor Johnson - Aye Discussion and Vote: 2013 Bond Resolution (13-34) Commissioner Madigan stated the amount of the bond resolution is $3,580,788 and includes all items approved in the 2013 capital budget as well as several capital budget amendments requiring bonding authority. This resolution will authorize the commissioner of finance to finance the projects as needed; this is not the financing itself. Page 12 of 20 City Council Meeting 2/5/13 Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2013 bond resolution as previously distributed with the agenda. Roll Call: Commissioner Franck - Aye Commissioner Madigan - Aye Commissioner Scirocco - Aye Commissioner Mathiesen - Aye Mayor Johnson - Aye Discussion and Vote: Use of Reserve Resolution – Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings (13-35) Commissioner Madigan stated this is for the Lake Avenue Fire Station infrastructure project. Most of the project will be bonded but $33,597 was required prior to the bond resolution. The amount in the capital reserve fund prior to this resolution was $726,288. After this resolution the amount remaining will be $692,691. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve of the use of reserve resolution – capital reserve fund to finance the construction, reconstruction, or acquisition of buildings as distributed with the agenda. Ayes - All Discussion and Vote: Resolution – Military Pay (13-36) Commissioner Madigan stated the City currently employees 8 or 9 military reservists who are subject to involuntary activation. The City currently pays its reservists the statutory minimum requirements. New York Military Law does not always cover the time required for ordered military duty and it does not pay for any differential when a person is called to duty that makes less than they earn at a full time job. Commissioner Madigan read the following resolution into the minutes: A Resolution of the City Council of the City of Saratoga Springs, New York WHEREAS, the City of Saratoga Springs (City) is committed to the support of its employees who are active members of the United States Armed forces (including the Army, Navy, Marine Corp., Air Force, Coast Guard, National Guard, and their respective reservists), and strives to alleviate hardships created by their dual roles of service to our City and our Country; and WHEREAS, New York State Military Law, Article 11, Section 242 directs that City employees on ordered military duty shall be granted leave and shall be paid their salaries for up to thirty days (or twenty-two working days, if greater) per calendar year and fixes employment and retirement rights; and WHEREAS, there may be occasions when City employees who are active members of the United States Armed Forces will be called to ordered military duty for time periods that extend beyond that covered by NYS Military Law, Article 11, Section 242; and WHEREAS, the City has within its employ active members of the United States Armed Forces and anticipates having such employees in the future; and WHEREAS, this Council finds it in the public interest to assure that ordered military duty does not impose economic hardship on City employees and their dependents; and WHEREAS, this Council has previously authorized certain additional benefits for active military duty City employees, NOW, THEREFORE, BET IT RESOLVED that: 1. In the event that any full-time City employee who is an active member of the United States Armed Forces is called to ordered military duty for a time period that extends beyond that covered by NYS Military Law, Article 11, Section 242 (5), said employee shall be entitled to an additional fifteen days or eleven working days, whichever is greater, in any other compensation or benefit established in NYS Military Law, Article 11; and BE IT FURTHER RESOLVED that: 2. Full-time City employees who are active members of the United States Armed forces, upon being called to ordered military duty other than training, shall be compensated by an amount equal to the difference between their respective gross regular City salary at the time of call and their gross military pay; and 3. Said compensation shall be made for a period not to exceed employees’ period of ordered military duty. 4. Said employees shall be entitled to proportionate FICA and retirement benefits; and 5. The City shall continue current medical insurance benefits, if provided at the time benefits under this resolution are activated, to said City employees with dependents, only; and BE IT FURTHER RESOLVED that: Page 13 of 20 City Council Meeting 2/5/13 6. The City Council shall review the circumstances of every City employee who is an active member of the United States Armed Forces who is called to ordered military duty and is stationed in a combat zone as designated by a Presidential Executive Order to determine if additional compensation shall be awarded, in an amount not exceeding the employee’s full regular gross City salary for a period of up to six consecutive months; and 7. This review may be initiated on the City Council agenda of any department. Should no department initiate the review, then it shall be on the Finance Department agenda; and 8. The City Council shall have authority to reconsider any determination made under paragraphs 5 and 6 above at any time; and BE IT FURTHER RESOLVED that: 9. Employees are required to submit reasonable notification to their Supervisor and the Payroll Department to be eligible for said benefits. 10. The terms of this resolution shall be reviewed annually by the Finance Department. Commissioner Madigan moved and Commissioner Franck seconded to approve the resolution for military pay as distributed with the final agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign MVP Gold Health Insurance Contract (13-37) Commissioner Madigan stated the main change to the MVP Gold is the co-pay applied under the prescription drug rider. The rates for each of the MVP contracts presented tonight are the same as approved at the November 5, 2012 City Council meeting. This contract renewal is for City retirees. Commissioner Madigan moved and Commissioner Mathiesen seconded to authorize the mayor to sign MVP Gold Health Insurance contract as distributed with the agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 10 Insurance Contract (13-38) Commissioner Madigan stated changes under this policy and the next 2 policies are due to added coverage due to state and federal mandates. This contract renewal is for unsettled PBA union members. Commissioner Madigan moved and Commissioner Mathiesen seconded to authorize the mayor to sign MVP HMO 10 insurance contract renewal as distributed with the agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign MVP HMO 25 Insurance Contract (13-39) Commissioner Madigan stated this is for settled union and non-union employees. Commissioner Madigan moved and Commissioner Mathiesen seconded to authorize the mayor to sign MVP HMO 25 insurance contract renewal as distributed with the agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign MVP PPO Insurance Contract (13-40) Commissioner Madigan stated this is for out of state retirees. Commissioner Madigan moved and Commissioner Scirocco seconded to authorize the mayor to sign MVP PPO insurance contract renewal as distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Payroll (13-41) Page 14 of 20 City Council Meeting 2/5/13 Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (13-42) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget transfers – benefits which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendments – Benefits (13-43) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 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: 2013 Annual Tax Resolution (13-44) Commissioner Madigan advised there is a small difference in the tax rate. The inside tax rate is $6.0243 and the outside rate is $5.9465. At budget time, the inside rate was $6.0232 and $5.9456 for the outside rate. This happed based upon an updated assessment roll that came in after the budget process. Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 annual tax resolution as distributed with the agenda. Ayes - All Announcement: Spa Solar Park Development RFP Commissioner Madigan announced the RFP was released yesterday. DPW was instrumental in providing feedback in this RFP. The RFP’s are due back on March 12th. They are looking to identify a solar developer to implement a solar park on the Weibel Avenue landfill. Electricity generated from the solar array will be consumed entirely by the City government of Saratoga Springs by a power purchase agreement between the City and the solar developer. She asked each Council member to submit one name to her for the evaluation committee by Wednesday, February 13th. The director of finance and the city engineer will also be on the committee for a total of 7 members. Announcement: Online Payment of Taxes and Utility Bills Commissioner Madigan announced they expect this to go live the end of this week or early next week. There is a convenience fee charged by the payment vendor; the City does not charge a fee for this. PUBLIC WORKS DEPARTMENT Discussion and Vote: Accept Donation – HP Deskjet F4280 Printer (13-45) Page 15 of 20 City Council Meeting 2/5/13 Commissioner Scirocco moved and Commissioner Mathiesen seconded to accept Gary Keller’s (a City employee) donation of a HP Deskjet F4280 printer valued at $50 to be used at the water treatment plant. Ayes - All Set Public Hearing: Amend the 2013 Capital Budget – City Buildings Commissioner Scirocco set a public hearing for Tuesday, February 19, 2013 at 6:55 p.m. Set Public Hearing: Amend the 2013 Capital Budget – Water Treatment Plant Commissioner Scirocco set a public hearing for Tuesday, February 19, at 6:50 p.m. Discussion and Vote: Authorization for Mayor to Sign Agreement Addendum with Franklin Community Center (13-46) Commissioner Scirocco advised this addendum is to update the existing insurance and language to provide the Franklin Community Center additional options in leasing to non-profits. Marilyn Rivers stated the addendum updates the existing insurance and changes the subleasing requirements for the insurance. It now matches all the buildings for rentals. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign the agreement with the Franklin Community Center. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Butler Rowland Mays Architects – City Court Room Bench Renovations (13-47) Commissioner Franck recused himself and left the room as Butler Rowland Mays is a client of his. Commissioner Scirocco stated the City Court approached DPW to renovate the judge’s bench. The agreement is for professional design and the funding will be reimbursed to the City of Saratoga Springs by the court system. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign a contract with Butler Rowland Mays Architects in the amount of $6,500 for renovation of the City Court Room bench. Funding is in line A3031684 / 54720. Ayes – All Commissioner Franck rejoined the meeting. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Ryan Biggs – Canfield Casino Basement (13-48) Commissioner Scirocco advised it was determined additional scope of services for design and construction were needed. Additional fees are needed to cover the design scope increases and the additional construction phase services. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with Ryan Biggs for the Canfield Casino basement in the amount of $28, 000. Page 16 of 20 City Council Meeting 2/5/13 Funding is in line H3537112 / 52000 / 1165. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with Dente Engineering for the Canfield Casino Basement (13-49) Commissioner Scirocco stated this agreement addendum is for additional design scope and special inspections required for geo-technical services. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement addendum with Dente Engineering for the Canfield Casino basement in the amount of $2,640. Funding is in line H3537112 / 52000 / 1165. Ayes – All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Art Breault, NYS Certified Instructor Coordinator for the Fire Department Training (13-50) Commissioner Mathiesen moved and Commissioner Madigan seconded for the mayor to sign an agreement with Art Breault, a NYS Certified Instructor Coordinator to provide medical and emergency management education for the Fire Department in the amount of $26,750. Funding is in line A3143414 / 54471. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Fire Apparatus for Maintenance on Fire Department Fire Engines (13-51) Commissioner Mathiesen moved and Commissioner Madigan seconded for the mayor to sign an annual contract with Fire Apparatus for maintenance of the Fire Department engines. There are no changes for the maintenance rates for the year 2013. Funding is in line A3143414 / 54510. Ayes – All Discussion and Vote: Amend Capital Budget for Lake Ave Firehouse Roof (13-52) Commissioner Mathiesen moved and Commissioner Madigan seconded to amend the capital budget in the amount of $99,050 for the Lake Avenue Fire Station Roof Project. Funding is in line H3146952 / 52000 / 1174. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Order #2 to PCC Contracting (13-53) Page 17 of 20 City Council Meeting 2/5/13 Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign change order #2 with PCC Contracting in the amount of $71,775 for the cornice repair. Funding is in line H3146952 / 52000 / 1174 Ayes - All Discussion and Vote: Ordinance to Create a New Chapter 222, Entitled Vacant Buildings (13-54) Commissioner Mathiesen moved and Commissioner Madigan seconded to create a new City ordinance, Chapter 222 entitled Vacant Buildings. Commissioner Mathiesen advised this ordinance establishes registration and periodic inspection for vacant buildings and structures in the City. Owners are required to provide contact information and briefly state plans for the future. There will be annual fees required with renewals. Ayes – All Discussion and Vote: Resolution to Establish Inspection Fees for Chapter 222, Vacant Buildings (13-55) Commissioner Mathiesen moved and Commissioner Scirocco seconded to establish registration and inspection fees for vacant buildings and structures. Commissioner Mathiesen read the following resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, that the schedule of fees for registrations and inspections pursuant to section 222-4 of the City Code, entitled “Vacant Buildings – Fees” is established as follows: Registration Fees: For residential vacant buildings and structures; two hundred and fifty dollars ($250.00) per filing of each registration form. For non-residential vacant buildings and structures; five hundred dollars ($500.00) per filing of each registration form. Inspection fees: shall be as shown in Schedule A which is attached to and made part of this resolution. Ayes – All Discussion and Vote: Accept Donation from City Center (13-56) Commissioner Mathiesen moved and Commissioner Madigan seconded to accept a donation from the City Center in the amount of $1,000 which will offset the cost for coverage of the gun show on January 12, 2013. Ayes – All Discussion and Vote: Accept Donation from NEAC (13-57) Commissioner Mathiesen moved and Commissioner Madigan seconded to accept a donation from NEAC in the amount of $1,000 which will offset the cost for coverage of the gun show on January 12, 2013. Ayes – All Set Public Hearing: Idling Ordinance Commissioner Mathiesen set a public hearing for Tuesday, February 19, 2013 at 6:45 p.m. Set Public Hearing: Parking Regulation Amendments to Section 225 of the City Code Page 18 of 20 City Council Meeting 2/5/13 Commissioner Mathiesen set a public hearing for Tuesday, February 19, 2013 at 6:40 p.m. Announcement: Active Shooter Informational Presentation and Public Meeting February 13, 2013 Commissioner Mathiesen announced that Assistant Chief Veitch will be holding an informational session in the Music Hall regarding active shooter. Announcement: 2012 Police Officer of the Year Commissioner Mathiesen announced and congratulated Investigator Laura Emanation was named the 2012 police officer of the year. Announcement: Ambulance Report Commissioner Mathiesen announced the ambulance report has been distributed to the Council members yesterday. He offered to speak with anyone who has questions and will be asking IT to put this report on the City’s webpage. Discussion: Response to Mayor Johnson’s State of the City This item was addressed earlier in the meeting. Set Public Hearing: Amend Chapter 225, Article 9, Section 225-71, Schedule 4 – Speed Limit on Crescent Avenue Commissioner Mathiesen set a public hearing for Tuesday, February 19, 2013 at 6:35 p.m. Announcement: Meeting with Congressman Tonko on January 29, 2013 Commissioner Mathiesen announced he met with Congressman Tonko on January 29th regarding gun control, agricultural issues, jobs, local infrastructure needs, and economy recovery. Since then, he received a questionnaire from the congressman’s office regarding local infrastructure. Announcement: Condolences to Fire Chief Williams Commissioner Mathiesen offered his condolences to Chief Williams in the loss of his mother. SUPERVISORS Joanne Yepsen Meeting with Governor Cuomo’s Secretary of New York State Racing & Gaming Supervisor Yepsen reported they will be meeting with the governor’s secretary of racing and gaming. The City and the County will be hand delivering their resolutions. This issue is clearly #1 for Saratoga Springs this year. NYSAC Conference Supervisor Yepsen reported the NYSAC conference is this week. NYS Budget Director Bob Magna, acknowledged the pain local governments are going through regarding pension contributions and binding arbitration issues. Saratoga County Emergency Preparedness Page 19 of 20 City Council Meeting 2/5/13 Supervisor Yepsen reported the Preparedness Council meets monthly at Saratoga Hospital. On January 23rd, the Council will be having a drill on a possible anthrax attack. This Council is attended by many various business people. Saratoga County Planning Conference Supervisor Yepsen thanked our Planning Board and Zoning Board members for attending the County’s Planning Conference. Martin Luther King Day Celebration Supervisor Yepsen thanked the Martin Luther King Day Committee and the community for the huge success of their afternoon program. Matthew Veitch Meeting with Governor’s Secretary on Racing & Gaming Supervisor Veitch stated they are going to present the resolutions and have a general discussion advocating for our case. NYSAC Conference – February 4-5, 2013 Supervisor Veitch stated he has been at the conference for the past couple of days. He is on the Public Safety Committee for NYSAC which had a resolution for the 911 surcharge. Some counties opt out of collecting those surcharges but Saratoga County does collect. A presentation he attended was on how we pay for community colleges. Community colleges have 3 sources of funding; student paid tuition, the state, and the county the person resides. We pay almost a third of the cost for students who reside in our county who go to a community college; well over $1 million a year. Saratoga County Planning Conference – January 30, 2013 Supervisor Veitch stated there were over 550 attendees. 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 10:26 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 3/5/13 Vote: 4 - 0 Page 20 of 20