City Council

May 21, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:30 PM – PH – Adopt Urban and Community Forest Master Plan 6:45 PM – PH – Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue 6:50 PM – PH – Amend chapter 115 of City Code Entitled “Firearms” 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Urban and Community Forest Master Plan EXECUTIVE SESSION: none CONSENT AGENDA 1. Approval of 5/6/13 Pre-Agenda Minutes 2. Approval of 5/7/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 05/10/13 $402,511.68 6. Approve Payroll 05/17/13 $395,360.18 7. Approve Warrant: 2013 Mid – 13MWMAY2 $87,580.46 8. Approve Warrant: 2013 Reg – 13MAY2 $307,877.53 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approval for the Mayor to Sign the 2013 Tri-City Contract for Camp Saradac 2. Discussion and Vote: Approval for the Mayor to Sign the Great Escape 2013 Catered Event Deposit Agreement for Camp Saradac 3. Discussion and Vote: 2013 Camp Saradac Personnel Hourly Rates 4. Recreation Announcements: Zumba, Fall Soccer, Summer Programs, and Summer Hours 5. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fibertech for Recreation Center 6. Discussion and Vote: Accept Donation for the Summer Concert Series 7. Appointment: Complete Streets Advisory Board 8. Announcement: Comprehensive Plan Kick Off Public Meeting: May 29, 2013 ACCOUNTS DEPARTMENT 1. Discussion and Vote: Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue 2. Award of Bid: Spa Solar Park Development to SunEdison City Council Meeting 5/21/13 FINANCE DEPARTMENT 1. Discussion and Vote: Additional Police Officers (Patrol) 2. Discussion and Vote: Budget Amendment - Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: To Adopt the Urban and Community Forest Master Plan 2. Discussion and Vote: Establish Title and Grade for Arborist 3. Discussion and Vote: Authorization for Mayor to Sign Addendum with Hanson Van Vleet for Bog Meadow Source Development Project 4. Discussion and Vote: Authorization for Mayor to Sign Addendum with Environmental Design Partnership LLC for bog Meadow Source Development Project 5. Announcement: City Designated Engineering Consultants PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Amend Chapter 115 of the City Code Entitled “Firearms” 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Butler, Rowland, Mays for Public Safety Infrastructure Project 3. Discussion and Vote: Authorization for Mayor to Sign Agreement with Hinman Straub for an Application for Certificate of Need for EMS Operating Certificate 4. Set Public Hearing: Amend Chapter 225 of City Code Entitled “Vehicle and Traffic” 5. Discussion: Last Call Changes in Essex and Warren Counties 6. Discussion and Vote: Accept Donations for Traffic Signs 7. Announcement: Forum on June 20, 2013 SUPERVISORS Joanne Yepsen 1. Report from Full Board Meeting 2. 1st Quarter Financial Report 3. Landfill Purchase & Public Hearing 4. Social Programs Committee Report 5. Veterans Hall of Fame Awards Ceremony 6. Memorial Day Parade: Thursday, May 23 @ 6:30 p.m. Matt Veitch 1. Technology Committee 2. Saratoga County Landfill 3. Deputy Sheriff’s PBA Contract 4. Public Safety Committee 5. Law and Finance Committee ADJOURN Page 2 of 17 City Council Meeting 5/21/13 May 21, 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 Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Tim Cogan, Deputy Commissioner, DPW Matt Dorsey, 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 Adopt Urban and Community Forest Master Plan Mayor Johnson opened the public hearing at 6:37 p.m. Tom Denny 205 East Avenue stated it takes a city to get this job done. We are coming up on the 5th anniversary of working on this project. All kinds of people deserve thanks for where we have gotten on this. This is a plan and an issue that is a win/win. Mayor Johnson stated there will be more opportunity for public comment after the presentation on this topic. Lois Srodkey of 328 Ballston Avenue stated she is in support of this plan for all the reasons Tom mentioned. It is good for our health and environment. Tom and his committee has the ability to make wise choices. 18 Locust Grove Road stated she is here in support of the master plan. She was drawn to this city because of the trees and parks. When she learned about this group that was going to create a master plan for forestry, she joined in to help with the inventory. She is really in support of this. Mayor Johnson closed the public hearing at 6:45 p.m. Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue Page 3 of 17 City Council Meeting 5/21/13 Mayor Johnson opened the public hearing at 6:45 p.m. Commissioner Franck stated we had this discussion last summer. This is being done to honor Commissioner Don Connolly. We will move forward tonight with discussion and vote to make this change. No one spoke. Mayor Johnson closed the public hearing at 6:50 p.m. Amend Chapter 115 of City Code Entitled “Firearms” Mayor Johnson opened the public hearing at 6:50 p.m. Commissioner Mathiesen stated this proposal is to amend the chapter to state all firearms are required to have firearms in a case in the downtown (T-6) area. Charlie Samuels of 58 Court Street stated he is here to urge the Council to vote for this ordinance. It is simply common sense to create a more civil, safe, and comfortable city. He was shocked in the beginning of the year when he saw someone carrying a rifle downtown Saratoga. Albany has a similar ordinance. We have a chance to limit a scary and potentially deadly situation. He is in full support of this measure. This ordinance has a penalty for a first offense that is like a slap on the wrist, so what is the big deal. John Tighe of Rowland Street, Milton, stated there are a lot of quality of life issues on Broadway. He has seen a lot on Broadway but he has never seen anyone carrying a gun on Broadway, except for veterans in parades and police officers. This is just a ‘feel good’ law to get votes in the next election. Susan Steer of Phila Street thanked Commissioner Mathiesen for proposing this ordinance. The gun show promoter also asks on his website that people keep guns in cases. There is no reason why the Council shouldn’t be doing the same thing. Dee Dee Hill of VanDorn Street stated she is in support of this ordinance. This is an ordinance we probably shouldn’t need. Hopefully it is one we wouldn’t have to enforce very often. What purpose would someone have to openly carry a firearm in a city street? Not many responsible gun owners would carry a gun down city streets. She has, however, witnessed this during a protest earlier this year. The person intentionally carried one down Broadway and then crossed the road right in front of them. Mike O’Dunne of Saratoga Springs stated there is no reason for anyone to walk around town with any type of gun. He hopes the Council works up the courage to approach the City Center to ban gun shows in the future. Guns shouldn’t be on display in city streets; it doesn’t represent what Saratoga Springs is about. He supports the second amendment although he doesn’t have any guns. Molly Corbett of 23 Tyler Drive thanked Commissioner Mathiesen for proposing a rational ordinance in the City. More and more individuals are assessing what it means to live under a second amendment right. She requested the City Council approve the ordinance which is rational and reasonable. Mary Dorazio of Saratoga Springs asked why is this a problem. We can’t walk around with an open beer bottle but people can wave their gun around after purchasing one at a gun show. This is a common sense ordinance and she hopes they have the common sense to pass it. Marino Dorazio of Saratoga Springs stated in time we will all come to find reasonable gun legislation is going to happen. The question for the Council is would you rather have it now or after a tragedy? Page 4 of 17 City Council Meeting 5/21/13 Lawrence White of Rt. 50 in Gansevoort stated there seems to be a question if people have been walking in our town with open weapons. He has seen it and photographed it. He was shocked to find it is legal. He hopes the City Council will vote to make it not legal. Tony Strauss of 1 Maxwell Drive stated he is a police office and the ordinance is a great idea. He does not find it necessary for anyone to walk around town with a long gun. As an officer, it puts up a flag to find out why they would walk around with a long gun. Bill Gorham of 3 Thoroughbred Drive stated he feels safe here in the City. The question is more about the venues that are allowed. He wonders what would have happened if he had approached the Council and said he was intimidated by the protesters. He would think a police officer would rather have a gun in the open than concealed; he would then know the person had a gun. He believes this ordinance came about because the protestors couldn’t shut down the gun show. There is no greater quality of life, gun shows or not, than right here in Saratoga Springs. He reminded the City Council that when they vote tonight, they are bound by the Constitution of the United States for all rights, not just some of the special interests they would like to see changed. Carol Maxwell of Circular Street stated there is something that has been left out in this. It is about 12 days a year that someone has to show they are walking with an unload gun. The other days of the year we don’t have any kind of restrictions or responsibilities for someone carrying a gun to prove they aren’t any kind of a threat. Mayor Johnson closed the public hearing at 7:16 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:16 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 7:43 p.m. Jeff Clark of the Downtown Business Association stated he had a request from Chief Cole to write a letter of support for a grant he is writing for 2 or 3 additional officers. He would like to encourage the Council to think about how we can instill new ordinances and put more police on the streets during the summer. We have problems this year with vagrancy, loitering, and homeless. Robin Dalton of 78 Caroline Street stated she is here to support channeling funds into the Police Department specifically to increase patrols. With Saratoga 150, she knows there will be an influx of people in the City and it is imperative to increase patrol. Peter Tulin of 40 Sarazen Street stated he supports the concept of adding patrol at least during the summer downtown. He suggested a brief presentation of how many officers, captains, and lieutenants we do have and how many are on the streets at a given time. Bruce Goodale of 18 Horizon Drive stated he is here to speak to 2 items on the DPW agenda (#3 and 4). He is in support of this. From his experience, the best source of water that is available is ground water. He urged the Council to act favorably on these. Page 5 of 17 City Council Meeting 5/21/13 Paul Veitch of 10 Bluebird Court and Saratoga Springs Police Department PBA President is here to support Commissioner Madigan’s proposal to add police officers. They are currently at 67 funded police positions. He hopes everyone can support her agenda item and fund 2 positions for the safety of the City. Bill McTygue of 15 York Street stated he is here to raise his concerns regarding contract agreement extensions for 2 contracts to do work at the Bog Meadow. These project costs total $500,000 and in his opinion is just the beginning. He is not sure anyone on the Council understands what we are going to get for this $500,000. Proper steps need to be taken under SEQRA; this project has yet to be defined in terms of SEQRA. You don’t design until you have undertaken the process of SEQRA. It has not been determined if the project is viable. He suggested to the Council that the language not include design. Commissioner Scirocco stated he will be able to clear up the misconception during his agenda. Mayor Johnson closed the public comment period at 7:57 p.m. PRESENTATIONS Urban and Community Forest Master Plan Commissioner Scirocco introduced Bill Springnether. He is the consultant on the master plan. There will be a comment period after the presentation. Bill stated the committee was made up of City staff, members of Sustainable Saratoga, and Commissioner Scirocco. He presented photos of what Broadway looked like in the past with tree lined streets. This document outlines strategies for moving forward: 1. use planning and legislation to integrate trees more fully into Saratoga Springs’ infrastructure; 2. appoint a city arborist and update inventory information regularly and review plans and adjust tactics annually, 3. develop and implement best management practices, 4. identify, commit, and leverage more resources for the urban forest, and 5. promote and cultivate citizen involvement. He went on to further define and explain each of these strategies. Bill stated the next steps (implementation) include, but are not limit to: invite public input; appoint a citizen advisory tree board to help the city arborist make decisions about trees; identify target areas; develop demonstration road construction plan; improve and replant vacant tree wells; and integrate green infrastructure with street trees. A goal outlined by the steering committee to work towards is to plant 500 streets per year. Commissioner Scirocco advised trees provide economic benefits such as water quality. They provide a natural filter for water run off. Trees also improve air quality and reduce overall air pollution. Homes shaded by trees help to reduce cooling costs and shaded neighborhoods provide a positive economic influence on real estate values. He hopes everyone involved in this process stays involved. Bill stated this is not a tradition planning document but also an implementation document with a step by step guide for those who want to plant trees. It is a manual for many purposes. Mayor Johnson opened the floor to public comment. Bonnie Sellers of 73 Fifth Avenue stated she fully supports this program. It has been a challenge to replace the tall maple program. As great as the flower program is, it is not always compatible with the trees. She is very impressed with the quality and hard working people on the committee. Rayna Coldwell of 96 Fifth Avenue and chair of Sustainable Saratoga commended all for being open to their input and innovative projects. Many cities across the country are adopting robust urban forestry plans. Page 6 of 17 City Council Meeting 5/21/13 Al Callucci of 9 Lexington Road stated the goals are outstanding and the enforcement of the plan may be an issue. With the staffing conditions, it may require additional people to be sure the integrity of the program is met. (copy of the presentation is attached as Exhibit A) CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 5/6/13 Pre-Agenda Minutes 2. Approval of 5/7/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 05/10/13 $402,511.68 6. Approve Payroll 05/17/13 $395,360.18 7. Approve Warrant: 2013 Mid – 13MWMAY2 $87,580.46 8. Approve Warrant: 2013 Reg – 13MAY2 $307,877.53 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Approval for the Mayor to Sign the 2013 Tri-City Contract for Camp Saradac (13- 163) John Hirliman of the Recreation Department advised the City will make a 50 % down payment on the tickets and will make a final payment two weeks prior to their visit when they have a final number. Mayor Johnson stated this is an annual contract. Mayor Johnson moved and Commissioner Madigan seconded to approve entering into the contract as described. Ayes – All Discussion and Vote: Approval for the Mayor to Sign the Great Escape 2013 Catered Event Deposit Agreement for Camp Saradac (13-164) John Hirliman of the Recreation Department advised this is for catering. They are requesting a 10% down payment and will pay the full amount two weeks prior to event. There is a rain date and if the numbers are less they are able to get a refund. Mayor Johnson stated the cost is based upon the number of children that attend. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement and sign the agreement as described. Ayes - All Discussion and Vote: 2013 Camp Saradac Personnel Hourly Rates (13-165) John Hirliman advised there is a $1 per hour increase for any counselor, camp director, or assistant director who possesses a lifeguard and/or WSI certification. They are looking for additional lifeguards at Page 7 of 17 City Council Meeting 5/21/13 this time. The hourly rate for the bus drivers have increased if they have worked 1-5 for us will be paid $16.75/hr; up from $15.75 last year; and anyone who has worked for us 6 or more years will be paid $17.50/hr.; up from $16.50 last year. Mayor Johnson moved and Commissioner Scirocco seconded to approve the hourly rates as described. Ayes – All Recreation Announcements: Zumba, Fall Soccer, Summer Programs, and Summer Hours John Hirliman advised after Memorial Day they will be going to their summer hours; Monday – Friday from 8 a.m. – 8 p.m. and Saturday – Sunday from 11:30 a.m. – 5 p.m. They are also registering for their summer clinics. All information is on the City’s webpage. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fibertech for Recreation Center (13- 166) Mayor Johnson explained this is for a point to point circuit from City Hall to the Recreation Center. They have had problems with the quality of the phone and computer connection at the Recreation Center. This is supposed to be the fix to it as the fiber has become available. The cost of the installation is $21,000 out of line H3517114 / /54720 / 1069. It is a 5 year agreement. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Fibertech in the amount of $21,000 for installation. Ayes - All Discussion and Vote: Accept Donation for the Summer Concert Series (13-167) Mayor Johnson moved and Commissioner Madigan seconded to accept a donation from Empire State College in the amount of $500 for the summer concert series. Ayes - All Appointment: Complete Streets Advisory Board Mayor Johnson stated there is a vacancy as the chair of the board, Jackie Haykes, has taken on the role of expert consultant for the review of our Comprehensive Plan. He has appointed Maureen Roberts, MD to replace Jackie. The initial term is effective now and expires June 19, 2013. Upon that date, Dr. Roberts would be able to be appointed for a full term. Announcement: Comprehensive Plan Kick Off Public Meeting: May 29, 2013 Mayor Johnson announced that the Comprehensive Plan kick off meeting is scheduled for May 29, 2013 from 6 p.m. – 8 p.m. at the City Center. Commissioner Madigan asked the Mayor if they will put future locations on the web site. Mayor Johnson advised they would and it will also be posted at the library and the entrance to City Hall. ACCOUNTS DEPARTMENT Discussion and Vote: Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue (13-168) Page 8 of 17 City Council Meeting 5/21/13 Commissioner Franck moved and Commissioner Madigan seconded to amend Chapter 201, Section 201-7 of the Code of the City of Saratoga Springs entitled “Street Naming and Numbering”: Be it ordained, by the City Council of the City of Saratoga Springs, New York, following a public hearing as follows: Section 1: Chapter 201 of the Code of the City of Saratoga Springs, New York, entitled “Street Naming and Numbering”, is hereby amended as follows: A. the following street is hereby deleted from the official list of streets in Section 201-7: Long Alley, from Division Street to end B. a description of Connolly Way on the official list of streets in Section 201-7 is created to read: Street Name/Ownership: Connolly Way Beginning and Ending Point: Division Street to Woodlawn Avenue Section 2: This ordinance shall take effect the day after publication as provided by provisions of the City Charter of the City of Saratoga Springs, New York. Commissioner Franck again advised this is in honor of former Commissioner Don Connolly. It was put off last year due to the opening of the new parking garage. He asked that a ceremony be set up with the family. Mayor Johnson stated this is a great idea. He served the City well. Ayes - All Award of Bid: Spa Solar Park Development to SunEdison (13-169) Commissioner Franck moved and Commissioner Madigan seconded to award the bid for the Spa Solar Park Development to SunEdison. SunEdison was chosen by a selection committee made up of members appointed by the mayor and each commissioner as well as the city engineer and the director of finance as the bidder who submitted the most qualified bid. Commissioner Madigan stated that in October of 2012, Sustainable Saratoga presented the proposal of turning the landfill into a solar park. The plan was then turned into an RFP. The park will be done in 2 phases. The developer will research, build, own, operate, and maintain the solar array. The developer will sell to the City all the electricity at an agreed upon price over a couple of years. Larry Toole stated they were please with the responses they received. All the bidders provided some great options. The economic benefits are going to be very apparent to the City. The technology is there to put solar on landfills. Mayor Johnson stated a good portion of the analysis has to go into methane gas. Larry advised that is part of the whole feasibility analysis. Commissioner Scirocco stated this will help offset some costs. It is a win/win as there is no cost to the taxpayer. The company that takes on this project is going to take care of the land. Ayes - All FINANCE DEPARTMENT Discussion and Vote: Additional Police Officers (Patrol) (13-170) Commissioner Madigan stated this began in 2008 when the Council laid off police officers. A safe city is an economically viable city. This is a quality of life issue our citizens expect, deserve, and pay for. She hopes the Council will join her this evening to send the message this is a safe and strong City. The Council should Page 9 of 17 City Council Meeting 5/21/13 use unbudgeted revenue to address current essential service needs. She is recommending they support the Department of Public Safety in the hiring of 2 additional police officers for patrol to begin on or after July 1, 2013. The cost of adding 2 officers will be $59,604. This includes salary, social security, retirement, and clothing. Commissioner Madigan moved and Commissioner Franck seconded to amend the budget for the purpose of hiring 2 additional police officers for patrol to begin on or after July 1, 2013. This budget amendment will be processed upon the transmittal of VLT aid. The amendment will increase VLT revenue and increase public expenditures as follows: the increase in revenue - line A102 42725 VLT aid in the amount of $59,604 which will include line A3143121 / 51630 police officers in the amount of $41,531; A3143121 / 58030 social security in the amount of $3,178; A3749018 / 58020 police and fire retirement in the amount of $6,895; A3143121 / 51920 clothing allowance in the amount of $6,700; and A3143122 / 52205 ballistic vests in the amount of $1,300 for a total of $59,604 for the remainder of 2013. Commissioner Madigan advised the actual costs for 2 police officers for 2014 is a total of $160,767.00. We are receiving additional VLT money in the amount of $331,250.70, which is about half the cost of 2 police officers. Commissioner Mathiesen stated he is very happy. They have been pushing to bring these numbers up. It is not just a racetrack but a year round city. Things are happening all the time. The administrators of the police force have done a great job trying to deal with the decrease in the police force but they should never have had to deal with that. He is enthusiastically in favor of this motion. Commissioner Madigan stated the time it takes to get a police officer ready to go is the reason why she is bringing this forward tonight. Commissioner Mathiesen added that this is a two-way commitment. Should the City come upon hard financial times again, we should not consider laying off police officers or firemen again. It is a quick fix that doesn’t work. Commissioner Madigan advised she has met with various people in the business community and there is strong support for adequate patrol in the City. We are a strong, safe, economically viable City. Having a strong patrol out in force and people realize it; fear of crime is reduced and crime is reduced. Commissioner Scirocco stated this is a good idea. He would like to see more police presence in the City; it is certainly needed. Mayor Johnson stated procedurally he is not used to this type of issue coming out of finance rather than Public Safety. He was also not aware until a moment ago that the additional funding must be used for hiring new patrol officers and not lateral positions. Commissioner Mathiesen stated traditionally people have been promoted from within our department. Mayor Johnson confirmed that in addition to the cost of 2 new patrol officers we will be looking at other people moving up or promoted. Commissioner Mathiesen stated supervision is important so they want people knowledgeable who are in the department and move them up. Mayor Johnson stated his concerns are if you know there will be changes within the department to wait before we hire new people to see what the cost is to the City before making a permanent commitment. Commissioner Mathiesen stated they are working with a deficiency in staffing and have been since 2009. There is no reason police or fire should have been laid off. He has also been advocating a study of what their staffing should be. Page 10 of 17 City Council Meeting 5/21/13 Commissioner Madigan stated since this is a budget amendment and an item that is required to be on the Finance Department agenda. Per her conversation with Assistant Chief Veitch, it seems 72 is the number that allows the police to be better able to cover retirements, injuries, etc. Mayor Johnson stated the other issue is we don’t have the VLT funds in hand. It is a procedural issue he has a concern with. He is not sure why it can’t wait until the funds are received next month. He also has a concern with the cost analysis for this proposal. Commissioner Madigan advised VLT is in the state budget and the law. This won’t go through until the VLT aid is received. Commissioner Franck asked if there is a timing issue with the police academy. Commissioner Mathiesen stated they will want to get them into the academy as soon as possible. Mayor Johnson confirmed it is about 1 year before they are put out on their own. Commissioner Mathiesen advised the academy is 6 months and then they are in training here about 3 ½ months. Mayor Johnson stated he doesn’t see any analysis that indicates when the cut occurred what the effects were on comp and overtime due to the cuts. He would like to see that before voting on any of this. It would make him more comfortable. Commissioner Madigan stated it comes down to responding to a need. She believes we can support the additional 2 new hires. Commissioner Mathiesen stated it should be noted pro-active things were sacrificed in the department in order to maintain patrols. He doesn’t know who would have advised them that laying off 7 people from the department was good for operations or would make the City safer. He believes there is merit to this. This lay off was not a good idea. Commissioner Franck stated no one felt comfortable laying off people. That was the right move at the time because concessions needed to be made and they weren’t. It is because of what we did that we are able to have this conversation now. Now we are in the position of being able to do something and that is why he is in support of this. He doesn’t feel they had a choice back then. We lost VLT money once, doesn’t mean we won’t lose it again. Mayor Johnson reminded everyone the vote was unanimous. Commissioner Mathiesen stated he realizes those were hard times and feels the number of 7 was arbitrary. He thinks we should have been bringing these people back a lot sooner. Mayor Johnson stated he is not against adding to the Police department; his is not convinced tonight that we have enough financials to justify his vote in favor of this. Ayes – 4 Nays – 1 (Mayor Johnson) Discussion and Vote: Budget Amendment - Benefits (13-171) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2013 budget amendment – benefits which were distributed with the agenda. Roll Call: Commissioner Franck – Aye Page 11 of 17 City Council Meeting 5/21/13 Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye PUBLIC WORKS DEPARTMENT Discussion and Vote: To Adopt the Urban and Community Forest Master Plan (13-172) Commissioner Scirocco thanked all who were on the committee. Commissioner Scirocco moved and Commissioner Madigan seconded to adopt the Urban and Community Forest Master Plan as presented. Mayor Johnson stated again this affects trees that are in the public right of way. Ayes – All Discussion and Vote: Establish Title and Grade for Arborist (13-173) Commissioner Scirocco stated the Urban and Community Forest Master Plan recommends the hiring of an arborist. This position will provide the public with vital information in help with choosing the right type of tree for an area and also help with proper planting techniques. Civil service and human resource did a salary study. This position will be competitive and a test will be given in the future. The CSEA DPW unit has approved the position. Commissioner Scirocco moved and Commissioner Madigan seconded to establish the title of arborist in the CSEA DPW unit for 40 hours per week, equivalent to a working supervisor 1 starting salary of $25.06 per hour effective May 20, 2013. Commissioner Madigan advised this is not a new person and this position does not require any backfill. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Addendum with Hanson Van Vleet for Bog Meadow Source Development Project (13-174) Commissioner Scirocco stated this is for well drilling, pump testing, and water quality analysis as part of the Bog Meadow project. Scope of agreement includes water quality sampling to determine potential impacts to surface water and to determine any types of treatment required. The date in the second paragraph of the addendum should be April 13, 2013, not April 13, 2012. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an addendum with a corrected date of April 13, 2012 with Hanson Van Vleet, LLC in the amount of $251,150.00 for the Bog Meadow Water Source Development Project. Funding is in line H3638332 / 52000 / 1167. Tim Wales advised they installed one well, tested it, and it had a good yield. Per the design of our hydro-geologists, we need to install 3 more wells. This agreement is for the drilling and installation of the wells, pump testing, and water quality testing. Also, SEQRA is required by law and we have SEQRA work in conjunction with the next agreement on the agenda. You do SEQRA when you have a project defined and you want to get approval for that project. We will enter the SEQRA phase as soon as we can get the wells in and tested. The first agreement is the field work. Page 12 of 17 City Council Meeting 5/21/13 Commissioner Scirocco stated they are pretty confident the water is there. Tim Wales also advised the actual proposal date of the Hanson Van Vleet agreement is April 11, 2013. Also, the effective date should be May 21, 2013. He e-mailed this information out late this afternoon. Commissioner Scirocco moved and Commissioner Franck seconded to correct the dates in the agreement to change the proposal date to April 11, 2013 and to change the effective date to May 21, 2013. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Addendum with Environmental Design Partnership LLC for Bog Meadow Source Development Project (13-175) Commissioner Scirocco advised this agreement builds on a previous study. The scope of this agreement includes the design of the well pumps, manifold systems, disinfection systems, and associated infrastructure to get the water source on line. Environmental Design Partnership will complete plans and specifications for bidding the project and will be completed by this fall. An analysis for potential funding opportunities will also be done. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an addendum with Environmental Design Partnership, LLC in the amount of $86,700 for the Bog Meadow Source Development Project. Funding is in line H3638332 / 52000 / 1167. Ayes - All Announcement: City Designated Engineering Consultants Commissioner Scirocco announced a request for qualifications for City designated engineering consultants was advertised by the Department of Public Works and the Purchasing Office. After review of qualifications by DPW, engineering, and the Planning Department, 4 engineering firms were selected as City designated engineering consultants. They are Chazen Company, the Environmental Design Partnership, Barton & Loguidice, and Creighton Manning Engineering. These consultants will assist the City Engineer’s Office and Planning Department with review of Land Use Board applications and occasionally be assigned engineering tasks by the City departments. They are working to put the appropriate contracts in place with these firms. The fees for review by these consultants will be paid for by the applicants; no cost to the taxpayer. Tim Wales stated there is a tremendous amount of building in the City right now. They are struggling to get all this done with the resources they have. They issued a request for qualifications. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Amend Chapter 115 of the City Code Entitled “Firearms” (13-176) Commissioner Mathiesen moved and Commissioner Franck seconded to amend Chapter 115 of the City Code entitled “Firearms” as follows: AN ORDINANCE TO AMEND CHAPTER 115 OF THE CODE OF THE CITY OF SARATOGA SPRINGS ENTITLED “FIREARMS” BE IT ORDAINED by the City council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. Chapter 115 of the Code of the City of Saratoga Springs, New York, entitled “Firearms” is hereby amended to add a new section 115-1A to read: Page 13 of 17 City Council Meeting 5/21/13 “115-1A CASE OR COVERING REQUIRED A. Except as otherwise provided in this section, all firearms carried by any person or persons in the T-6 Central Business District shall be enclosed in an opaque case or covering. B. Exceptions. The provisions of subsection A above shall not apply to: 1. Firearms employed in response to an emergency. 2. Firearms carried by law enforcement personnel or military personnel. 3. Firearms carried under license issued pursuant to state of federal law. 4. Firearms carried as part of a licensed or permitted event, display, parade or exhibition. C. Person charged with a violation of this section shall be issued a verbal warning by the enforcing officer upon the first offense, provided that said person is not at that time charged with a violation of any provision of the Penal Law. D. The Police Department is authorized to enforce the provisions of this section” SECTION 2. This ordinance shall take effect the day after publication as provided by the Saratoga Springs City Charter. Commissioner Mathiesen also read some comments he received from citizens. Commissioner Scirocco stated he doesn’t see an issue with this. It doesn’t say you can’t carry a gun; it just can’t be carried openly. Mayor Johnson stated he does have concern as it is an individual liberty. He also has some concern with the statement that a concealed weapon is going to make the public safer and assist police enforcement; when the opposite if more the case. There are a lot of things in play here. He is not convinced there is a present danger other than after people seeing others walking around after a gun show. He has no data or facts that support people randomly walk up and down Broadway. He has a problem limiting human behavior that is otherwise lawful. He can’t support this tonight. Commissioner Franck stated he doesn’t have a problem with this law but he has a problem with it the day of the gun show as people have to get to their cars. We have exceptions, but are there exceptions for the day of the gun show. Commissioner Mathiesen stated there are no exceptions for the day of the gun show. Commissioner Franck asked other than the gun shows, when have people openly walked around with guns? Commissioner Mathiesen stated that is a good question. Commissioner Madigan stated this has been difficult for her as well. She entertained a lot of conversation about this. For her, the potential that someone could be carrying a gun and don’t know what they are doing with it, it could be pointed at a person walking through town. The ordinance seems more symbolic. She will support this ordinance tonight. Ayes – 3 Nays – 2 (Mayor Johnson and Commissioner Franck) Discussion and Vote: Authorization for Mayor to Sign Agreement with Butler, Rowland, Mays for Public Safety Infrastructure Project (13-177) Commissioner Mathiesen stated this agreement will allow for architectural services for the conceptual design and construction of the bidding. Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Butler, Rowland, Mays Architects for the Public Safety infrastructure project in the amount of $68,000. Funding is in line H3146952 / 52000 / 1188. Ayes - All Page 14 of 17 City Council Meeting 5/21/13 Discussion and Vote: Authorization for Mayor to Sign Agreement with Hinman Straub for an Application for Certificate of Need for EMS Operating Certificate (13-178) Commissioner Mathiesen this agreement will provide consultation, drafting, review, and necessary litigation for a permanent certificate of need for the EMS operating certificate not to exceed $5,000. Funding is in line A3143414 / 54720. Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Hinman Straub. Mayor Johnson stated he will not support this tonight as he must be consistent with his prior votes. He still believes the verdict is out over the long term effectiveness of the City providing this service. Commissioner Franck stated he will be supporting this. Ayes – 4 Nays – 1 (Mayor Johnson) Set Public Hearing: Amend Chapter 225 of City Code Entitled “Vehicle and Traffic” Commissioner Mathiesen set a public hearing for June 4, 2013 at 6:55 p.m. Discussion: Last Call Changes in Essex and Warren Counties Commissioner Mathiesen advised Warren County backs a 3 a.m. last call for the sale of alcoholic beverages. Essex County approved the same move a month or two before. Both Warren and Essex Counties will go before the SLA for approval of a 3 a.m. last call hour. Discussion and Vote: Accept Donations for Traffic Signs (13-179) Supervisor Yepsen advised the City is honoring the veterans and the veterans shouldn’t have to pay when they are in a parade. The cost for the newly required signs is over $2,000. They need 6 temporary signs. Donations came in the amount of $2,100. No other event will need to worry about the cost of these signs. The Police Department will put up, take down, and store the signs. Commissioner Mathiesen thanked all who were involved in making this happen. Commissioner Mathiesen moved and Commissioner Scirocco seconded to accept the following donations: $500 from Hunt ERA, $250 from Hunt Mortgage, $500 from Northeast Funding, $100 from NBS Electrical, $200 from Jamie Rowgoski, and $500 from Darlene Zae. Ayes - All Announcement: Forum on June 20, 2013 Commissioner Mathiesen announced the next Public Safety forum is scheduled for Thursday, June 20th at 7 p.m. in the City Council Room. They will be discussing crime in our city and things that can be done to make the City more crime proof. SUPERVISORS Joanne Yepsen Report from Full Board Meeting Page 15 of 17 City Council Meeting 5/21/13 Supervisor Yepsen reported the following resolutions were passed at the meeting this afternoon: requested a home rule legislation to designate a portion NYS Highway 4 from the Village of Schuylerville to the Saratoga County line as the Saratoga County Veterans’ Memorial Highway; appointed Oscar Schreiber as the new public defender, and approved a workforce investment board budget for the year 2013. An RFP has gone out to create a long term economic develop plan and has chosen an agency. 1st Quarter Financial Report Supervisor Yepsen reported the first section of the report is the year end expense and revenue totals and the second section is an analysis of the budget through January 1, 2013. Landfill Purchase & Public Hearing Supervisor Yepsen reported they had a public hearing last week and one person spoke. New England Waste Services, Capital Region Landfills with Limited Expansion and Finch Paper each submitted upfront payment costs, annual payments, expansion payments, and total payments. They will vote on this at their next meeting. Social Programs Committee Report Supervisor Yepsen reported there is an increase in the number who need emergency housing. Veterans Hall of Fame Awards Ceremony Supervisor Yepsen reported Senator Marchione held a Veterans Hall of Fame event. Gene Corsale, James Coyne, Robert Webster, and Bod Disio received awards. Memorial Day Parade: Thursday, May 23 @ 6:30 p.m. Supervisor Yepsen reported the Memorial Day Parade is Thursday, May 23rd at 6:30 p.m. Matt Veitch Technology Committee Supervisor Veitch reported they are starting their paperless office initiative and are having departments start submitting documents to the County. They also started e-mailing their direct deposit pay stubs and they are looking for a new data processing director. Saratoga County Landfill Supervisor Veitch reported they have been looking at what they should do as a county for a long time. Proposals were received from Cassella Waste Systems, Finch Paper, and Waste Connections. Finch Paper was the highest bidder. He supports moving the landfill into a new direction. Deputy Sheriff’s PBA Contract Supervisor Veitch reported they approved to accept a contract with the sheriff’s deputies. The contract period is from 2011 – 2014. It includes the following: new hires contribute 20% to their health care, pre 1998 hires will contribute 5% to their health care, and there is now a prescription co-pay. For 2011, each employee will received $600 and a cost of living increase of 1.5% for 2012, 1.75% for 2013, and 2% for 2014. Public Safety Committee Page 16 of 17 City Council Meeting 5/21/13 Supervisor Veitch reported they approved the alternative to incarceration program and aid to defense grant. Law and Finance Committee Supervisor Veitch reported they approved hiring Oscar Schreiber as the new public defender. 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 10:13 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/2/13 Vote: 5 - 0 Page 17 of 17