City Council

August 6, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:50 P.M. – P.H. – Capital Budget – Basketball Court Resurfacing 6:55 P.M. – P.H. – Zoning Amendment – 3368 S. Broadway 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Presentation: 2012 Audited Financial Statements 2. Presentation: Saratoga County Silks Coloring Contest Winner 3. Presentation: Act with Respect Always Program EXECUTIVE SESSION Collective negotiations; discussion regarding proposed, pending or current litigation; and the proposed purchase or disposition of real property or securities. CONSENT AGENDA 1. Approval of 7/15/13 Pre-Agenda Meeting Minutes 2. Approval of 7/16/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 7/26/13 $435,899.98 6. Approve Payroll 7/19/13 $441,421.92 7. Approve Payroll 08/02/13 $440,666.48 8. Approve Warrant: 2013 Mid – 13MWJUL2 $66,674.44 9. Approve Warrant: 2013 Mid – 13MWJUL3 $434.00 10. Approve Warrant: 2013 Mid – 13MWJUL4 $545,905.81 11. Approve Warrant: 2013 REG – 13 AUG1 $512,831.26 MAYOR’S DEPARTMENT 1. Set Public Hearing: Capital Program 2014 - 2019 2. Discussion and Vote: Disciplinary Policy 3. Discussion and Vote: FMLA Policy 4. Discussion and Vote: Reappointment to Special Assessment District 5. Discussion and Vote: Resolution Authorizing the City to Submit a NYS Consolidated Funding Application (CFA) Request for Implementation Grants, Category 2: Comprehensive Planning City Council Meeting 8/6/13 6. Discussion and Vote: Resolution Authorizing the City to Submit a NYS Consolidated Funding Application (CFA) Request for the Construction of the Geyser Road Bicycle Pedestrian Trail 7. Discussion and Vote: Resolution Authorizing the City to Submit a Transportation Enhancement Program (TEP) Grant Application for the Construction of the Geyser Road Bicycle Pedestrian Trail 8. Discussion: Update on Proposed Zoning Amendment to the Saratoga Hospital PUD Regarding Advisory Opinion and Proposed Legislation Modification 9. Set Public Hearing: Saratoga Hospital PUD 10. Discussion and Vote: Amend the 2013 Capital Budget – Recreation Court Resurfacing 11. Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen for the Preliminary and Final Design Services – Geyser Road Trail 12. Discussion and Vote: Authorization for Mayor to Sign Agreement with Gary Ferris for Summer Concert Series 13. Discussion and Vote: Authorization for Mayor to Sign Agreement with Sonny & Perley for Summery Concert Series 14. Discussion and Vote: Accept Donation for Summer Concert Series 15. Discussion: Aftermath Fire – Use of Recreation Center 16. Discussion: Update Saratoga 150 Activities – Floral Fete ACCOUNTS DEPARTMENT 1. Award of Bid: Veteran’s Memorial Basketball Court Resurfacing to Copeland Coating Co., Inc. FINANCE DEPARTMENT 1. Discussion and Vote: SEQRA – Spa Solar Park Development Project 2. Discussion and Vote: Letter of Interest – Sun Edison NYSERDA Application for Spa Solar Park Development Project 3. Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2014 4. Discussion: 2nd Quarter 2013 Financial Report 5. Discussion and Vote: Resolution for the Use of Reserve – Subdivision Recreation Fund 6. Discussion and Vote: Budget Amendments – Interfund for Use of Reserve – Subdivision Recreation Fund 7. Discussion and Vote: Capital Budget Amendment – Recreation Court Resurfacing Project 8. Discussion and Vote: Budget Transfers – Payroll 9. Discussion and Vote: Budget Transfers – Contingency for Resolution for Non-Union FT Personnel for 2013 10. Discussion and Vote: Resolution – Saratoga Rowing Association 11. Announcement: 2014 Requested Budgets PUBLIC WORKS DEPARTMENT 1. Set Public Hearing: Amend the 2013 Capital Budget – carousel Renovation Project 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Chazen Company – Water Model 3. Discussion and Vote: Authorization for the Mayor to Sign Agreement for the display of En Point Sculpture at 510 Broadway – Hats & More LLC 4. Discussion and Vote: Authorization for the Mayor to Sign City Designated Engineering Service Agreement with Barton & Loguidice, P.C. 5. Discussion and Vote: Authorization for the Mayor to Sign City Designated Engineering Service Agreement with Creighton Manning Engineering, LLP 6. Discussion and Vote: Authorization for the Mayor to Sign city Designated Engineering Service Agreement with the Chazen Companies 7. Discussion and Vote: Resolution for Authorizing the Submission of a Consolidated Funding Application for a NYS DEC/EFC Wastewater Infrastructure Engineering Planning Grant Page 2 of 24 City Council Meeting 8/6/13 PUBLIC SAFETY DEPARTMENT 1. Discussion: Fire on Woodlawn Avenue on 7-28-13 2. Discussion: Fire Inspections 3. Discussion: Floral Fete 4. Discussion: Parking Garage Activities SUPERVISORS Joanne Yepsen 1. Vietnam Veterans Commemorative 2. County Equalization and Assessment 3. Report on Woodlawn Fire Victims Outreach 4. CFA Matthew Veitch 1. Update: Saratoga County Sewer District Expansion 2. Update: Amtrak Bicycles on Trains Trial 3. Update: CDTA Bus Shelter on Geyser Road 4. Update: Technology Committee ADJOURN Page 3 of 24 City Council Meeting 8/6/13 August 6, 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 STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor (arrived at 7:03 p.m.) EXCUSED: 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 Capital Budget – Basketball Court Resurfacing Mayor Johnson opened the public hearing at 6:57 p.m. Mayor Johnson advised we would be increasing the 2013 budget by $47,420 for a total project cost of $143,300. No one spoke. Mayor Johnson closed the public hearing at 6:58 p.m. Zoning Amendment – 3368 S. Broadway Mayor Johnson opened the public hearing at 6:58 p.m. Mayor Johnson advised this item will not be voted on this evening. Page 4 of 24 City Council Meeting 8/6/13 No one spoke. Mayor Johnson ended 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 7:00 p.m. John Willson of 3 Waterview Drive stated he is a member of the East Side Safety Committee and member of the Summer Wind Homeowner Association. He read a quote from July 29, 2010. More growth has occurred since 2004 when the need was identified. Funds are currently available and the City should move now to secure lands for this facility. Stop talking and take action on this. Joseph Russo of 22 Cliffside Drive and resident of the Woodlands stated they almost lost a neighbor. It took 20 minutes for help to arrive. The only thing that saved the neighbor’s life is another neighbor who is a doctor was walking by and performed CPR. He asked what would happen if there was an emergency when the track let out and you couldn’t get to the park. The Council does a great job but they want answers at the next meeting. Wally Elton of 36 Curt Blvd stated it is exciting to see action items on the agenda for the Geyser Road Trail. Molly Gagne of 22 Vichy Drive stated she is looking forward to Saratoga Brigade constructing a building. Nancy Goldberg of 66 Sarazen Street stated she is here again asking for an emergency service centereast of the Northway. We are not asking for a new station but they need to start the planning. Kathryn Smith of 35 Sheffield Road of Gansevoort stated she is here on behalf of Saratoga Rowing Association Board. They row off Fish Creek on 9P and also hold regattas there. They are pursuing several grants to support the next phase of their expansion and development. This next phase will ensure the future of regattas in Saratoga. The regattas bring $5.1 million into the Saratoga economy. Kim Grecco of 7 Paddington Drive stated she is here as a representative of the Saratoga Rowing Association. Saratoga Rowing Association is the only no-cut youth sport program in Saratoga. It creates a thriving volunteer community among their parents. The economic benefits they receive through their regattas allows them to partner with the Lions Club to bring a camp for disabled kids and provide a fisherman’s tournament. Chris Hoyt of 26 Regatta View Drive stated he is here to support the East Side Safety Committee. Bhavani Kurtz of 15 Leward Way stated she is here regarding an issue with the Finance Department. In February she contacted the Finance Department to see when she will receive her taxes. She was told she receive them in the mail. Not everyone is in the position to know how property taxes work. You are putting people in a position to be Submitted copy of letter to the Council (attached). Maryann Johns of 4 Royal Henley Court stated she is here to express her support of the EMT station on the east side. Page 5 of 24 City Council Meeting 8/6/13 Derreck Legall, president of the Recreation Commission thanked the Council, Sergeant Tom Mitchell, Deputy Shauna Sutton, Deputy Eileen Finneran, and most of all Marilyn Rivers for their assistance with the residents who were displaced due to the fire on Woodlawn Avenue. We learned things that we have to do as a community if we are going to use the Recreation Center as an emergency shelter. We need curtains for the windows where cots are set up and showers are also needed. He also thanked the staff that was there. Rick Waldron of 15 Marion Place stated he is on the board of Saratoga Rowing Association. He thanked the Council for recognizing them tonight. Commissioner Mathiesen stated they also feel strongly about the east side fire and ambulance station. There are a lot of reasons to look at this for the safety of the entire city. They are working hard at acquiring land as the first step to be able to ensure that. Mayor Johnson closed the public comment period at 7:24 p.m. PRESENTATIONS Presentation: 2012 Audited Financial Statements Commissioner Madigan introduced Christine Gillmett-Brown, Director of Finance, William Reynolds, our auditor, and Patty. Will pointed out various items in the report including:  On page 5, there are tables of comparatives. Business activity is water, sewer, and City Center. Last year there was grants that we didn’t have this year.  On page 6, the expenses are listed for government and business activity. The City budgets and plans using the fund basis of accounting.  On page 12 is the financial position; the main point is the net position is $27 million which is good. A lot of money is invested in capital which makes the number a negative – an accounting trick more than a problem. There was a positive unassigned fund balance of $6 million dollars. He feels the move from 12% to 15% is good.  On page 15, the entries here need to be made to get to the government wide statement.  Page 16 is the income statement by fund and a reconciliation to follow.  Page 19 is the income statement.  Starting on page 23 is footnotes; the most noteworthy being #3 on page 31; #3e1 on page 35  Page 40 states the post employment benefits. This been included for the past 5 years; the actuary accrued amount is $78 million.  Page 46 starts with the general fund The second report is the single audit report. This is one of the reasons the City is required to have an audit; it expended more than $500,000 in a year. The reports state nothing came to their attention that should be of note to the City. The last piece is a required letter to the Council. There are topics they are required to report. There were no significant or unusual transactions; there were a couple adjustments that were unremarkable. Commissioner Madigan confirmed it is more detailed. Will advised it is. They are also required to get a representation letter. Presentation: Saratoga County Silks Coloring Contest Winner Page 6 of 24 City Council Meeting 8/6/13 Supervisor Veitch advised the Saratoga County Board of Supervisors held a coloring contest for Saratoga 150. The design was blank silks that they had the students color. Michael Rogan was a winner from Saratoga Springs. Presentation: Act with Respect Always Program Commissioner Mathiesen introduces Rich Johns. Coach Johns showed a banner that says ‘Act with Respect Always’. He stated has always been pro-active. He asked what they can do everyday in their hallways at school. This is a pay it forward mission. He tells his kids to pay it forward everyday, not through tragedy. He’s been receiving calls asking for signs. He tries to hit on 3 major points: pay it forward, character, and it’s always about you. Once you can establish your own identity and look at yourself in a positive way, it is a better day. He hopes this will put our kids in a better position. EXECUTIVE SESSION: Mayor Johnson moved and Commissioner Franck seconded to move to executive session for the proposed, pending, or current litigation; the proposed purchase or disposition of real property or securities; and collective negotiations at 7:58 p.m. The Council returned from executive session at 9:02 p.m. Mayor Johnson advised there was one item that will be added to the Accounts Department agenda. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 7/15/13 Pre-Agenda Meeting Minutes 2. Approval of 7/16/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 7/26/13 $435,899.98 6. Approve Payroll 7/19/13 $441,421.92 7. Approve Payroll 08/02/13 $440,666.48 8. Approve Warrant: 2013 Mid – 13MWJUL2 $66,674.44 9. Approve Warrant: 2013 Mid – 13MWJUL3 $434.00 10. Approve Warrant: 2013 Mid – 12MWJUL4 $545,905.81 11. Approve Warrant: 2013 REG – 12 AUG1 $512,831.26 No comments. Ayes – All MAYOR’S DEPARTMENT Set Public Hearing: Capital Program 2014 – 2019 Mayor Johnson set 3 public hearings as follows: Tuesday, August 20, 2013 at 6:45 p.m.; Tuesday, August 27, 2013 at 1:00 p.m.; and Tuesday, September 3, 2013 at 6:50 p.m. Page 7 of 24 City Council Meeting 8/6/13 Discussion and Vote: Disciplinary Policy (13-259) Mayor Johnson advised the Council has a redlined version of the proposed revisions. This was done by the Human Resource Department. This is an expansion of the prior policy adopted in 2005. Mayor Johnson moved and Commissioner Madigan seconded to adopt the disciplinary policy as listed and described. Ayes – All Discussion and Vote: FMLA Policy (13-260) Mayor Johnson stated this is an update to the 2005 policy. There a few editorial type changes in the procedure section and a request form is also attached. Mayor Johnson moved and Commissioner Madigan seconded to adopt the revised policy as listed and described. Ayes – All Discussion and Vote: Reappointment to Special Assessment District (13-261) Mayor Johnson suggested the re-appointment of Tom Roohan and Ray Morris. Their terms expired July 31, 2013. He is proposing a full 4 year term. Mayor Johnson moved and Commissioner Mathiesen seconded to re-appoint Tom Roohan and Ray Morris to the Special Assessment District. Commissioner Madigan asked if there is anyone new that would want to serve on this committee. Mayor Johnson thanked Tom and Ray for their service and stated these people served the committee well and recommended they stay on. Ayes - All Discussion and Vote: Resolution Authorizing the City to Submit a NYS Consolidated Funding Application (CFA) Request for Implementation Grants, Category 2: Comprehensive Planning (13-262) Brad Birge of the Planning Department stated there is a series of resolutions authorizing the City to apply for funding through New York State. The intent is to identify and prioritize the City’s comprehensive objectives and goals. They are seeking $200,000 for this; the maximum amount for this program. Commissioner Mathiesen asked where the $200,000 is going. Brad explained it is to hire a consultant to assist the City with the whole process. Commissioner Mathiesen stated it seems like a lot of money to him. Brad advised it is a large process that they expect to take 24 months. There will be public input process in this. Commissioner Mathiesen asked if this will go to bid once we get the money. Brad advised that is correct. Commissioner Mathiesen asked where the amount of $200,000 came from; was it the state. Page 8 of 24 City Council Meeting 8/6/13 Brad advised the grants range from $50,000 - $400,000. It was decided this was a practical amount to request. Commissioner Madigan confirmed this is in addition to the $65,000 for the consultant we already have working on our Comprehensive Plan now. Brad advised that is correct. Commissioner Madigan asked if this is budgeted in the 2013 budget. Brad advised it is in the 2013 budget. He stated he provided 2 budget lines to Deputy Bachner. Commissioner Madigan stated one is from the Planning Department’s professional services line and there is nothing available in that line at this point. The other line is a zoning ordinance review line which has $46,000. Brad advised if funded for the full amount, the match would be $50,000. We have the opportunity for in- kind services in addition to the $46,000+. Commissioner Madigan advised since they have received a lot of information tonight; she would like the Council to have an opportunity to see and review the contract before voting on the resolution. Mayor Johnson asked why she would have that concern. When applying for a grant and if fortunate to receive it the conditions are not negotiable with the state. Also, if we receive the grant and Council doesn’t want to go to contract with it; you are burning the bridge to ever get state grant money again. Commissioner Franck stated normally when we do our SARA grants, we vote to have Nancy Wagner to go forward with it and then vote to accept the grant. Mayor Johnson stated we have done it a couple ways since he has been here. If the Council is more comfortable with bringing it back for contract approval he doesn’t have a problem with that. Commissioner Madigan stated she feels more comfortable having the Council review the contract before approving it. Brad suggested adding a period following the portion “in an amount not to exceed $200,000.” The resolution with the revision is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Michele Madigan Commissioner Christian Mathiesen Commissioner Anthony Scirocco A RESOLUTION AUTHORIZING THE CITY OF SARATOGA SPRINGS TO SEEK FUNDING THROUGH THE NEW YORK STATE CONSOLIDATED FUNDING APPLICATION FOR IMPLEMENTATION GRANTS, CATEGORY 2: COMPREHENSIVE PLANNING. WHEREAS, The City of Saratoga Springs’ current Comprehensive Plan states that the most important consideration that will guide future development of our “City in the Country” is sustainability, and WHEREAS, The City of Saratoga Springs is currently updating its City Comprehensive Plan, which is essential to our community's well being, health, welfare, and economic vitality, and WHEREAS, The City's commitment to analysis of its Comprehensive Plan, Zoning Ordinance and Subdivision Regulations is demonstrated in its adopted policies and in the work of the City’s Comprehensive Planning process, and WHEREAS, The City of Saratoga Springs has identified policies to be more energy efficient and to focus on renewable energy generation and the reduction of greenhouse gas emissions, and Page 9 of 24 City Council Meeting 8/6/13 WHEREAS, this City Council desires to use all available aid and assistance to achieve its goal of sustainability and to i m p l e m e n t t h e p o l i c i e s a n d g o a l s w i t h i n t h e C i t y ’ s e x i s t i n g a n d a n t i c i p a t e d u p d a t e d C o m p r e h e n s i v e P l a n , and its existing and anticipated updates to the City’s Zoning Ordinance and Subdivision Regulations, and WHEREAS, New York State through the New York State Consolidated Funding Application (CFA) has invited funding proposals in 2013, and WHEREAS, This City Council desires to seek such available funding assistance through the CFA Cleaner Greener Communities (CGC), Phase II. Implementation Grants, Category 2: Comprehensive Planning Application, and WHEREAS, Said communities must provide a local match of 25% of the overall project cost, and WHEREAS, the City of Saratoga Springs has a total of up to $50,000 in eligible matching funds (25%), now therefore BE IT RESOLVED, that the Mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funding through the New York State Consolidated Funding Application, in an amount not to exceed $200,000. Mayor Johnson moved and Commissioner Scirocco seconded to approve the resolution as modified. Ayes – All Discussion and Vote: Resolution Authorizing the City to Submit a NYS Consolidated Funding Application (CFA) Request for the Construction of the Geyser Road Bicycle Pedestrian Trail (13-263) Brad Birge stated they are excited to progress this effort. The Council approved a capital budget item last year for $150,000 to fund a consultant. The bike/pedestrian trail will run from the Town of Milton line to Cady Hill and will then connect to Saratoga State Park. For this project, there are 2 different applications they are seeking. The total grant amount for this is a maximum grant amount of $200,000. Commissioner Madigan advised she would like to see this contract as well prior to its execution. Mayor Johnson stated he will be adding that to his motion. Commissioner Madigan confirmed there are matching funds for this. Brad advised this would be a 20% match or $40,000. Commissioner Mathiesen asked if the match could be less than 25% as the resolution indicates up to 25%. Brad advised that is correct. Commissioner Madigan confirmed this is part of the 2014 capital budget if you can’t use the $150,000 as part of the eligible match. Brad advised that is correct. The resolution with the revision is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Michele Madigan Commissioner Christian Mathiesen Commissioner Anthony Scirocco A RESOLUTION AUTHORIZING THE CITY OF SARATOGA SPRINGS TO SEEK FUNDING THROUGH THE NYS CONSOLIDATED FUNDING APPLICATION FOR THE CONSTRUCTION OF THE GEYSER ROAD BICYCLE PEDESTRIAN TRAIL WHEREAS, The construction of the Geyser Road bicycle-pedestrian trail achieves several of the City’s Comprehensive Plan Transportation objectives including promoting pedestrian and bicycle access to reduce dependence on the automobile, developing a comprehensive citywide multi-use trail plan that integrates existing pedestrian, bicycle, road, and open space systems, and the enhancement of pedestrian-bicycle connections to nearby residential areas and to the Spa State Park, and WHEREAS, This project will implement a key component of the Saratoga County Green Infrastructure Plan by providing a critical east-west non-motorized corridor connecting residential areas to major activity centers providing, and Page 10 of 24 City Council Meeting 8/6/13 WHEREAS, The Southwest Neighborhood Association (SWNA) identified the need to provide and improve non-motorized modes of transportation in the area and Geyser Road was identified as the critical route to provide a safe non-motorized transportation facility for the general public, and WHEREAS, This project will provide a safe non-motorized passage along Geyser Road with connections to the Town of Milton, Geyser Elementary School, Geyser Park recreational area, Spa State Park and bikeways and the core of Saratoga Springs, and WHEREAS, This route is intended to take advantage of, and coordinate with, other transportation planning and safety efforts currently underway including the County Route 43 bridge replacement over D&H railroad (SA221), the Route 50 Southern Gateway Study, the recent installation of the signalized Route 50 crossing that connects the Rail Road Run trail to the Saratoga State Park, and the construction of the Spring Run Trail Bicycle-Pedestrian Trail (SA181), and WHEREAS, This project represents the culmination of partnership and participation by neighborhood groups, the private s e c t o r , r e g i o n a l a d v o c a t e s , S t a t e e n t i t i e s , a n d l o c a l e l e c t e d o f f i c i a l s , and WHEREAS, The SWNA raised funds and took the initiative to hire a consultant to prepare an initial Project Scoping Report for this bicycle-pedestrian trail, and WHEREAS, The City Council has approved an award of bid for engineering services to prepare preliminary and final design services for this bicycle-pedestrian trail, and WHEREAS, The City Council desires to seek funding for the construction of this bicycle-pedestrian trail through the New York State Consolidated Funding Application, and WHEREAS, The City has sufficient eligible matching funds capacity through a combination of in-kind services and proceeds from existing and anticipated General Obligation Bond funding, now therefore BE IT RESOLVED, that the Mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funding through the Consolidated Funding Application (CFA) program to the maximum allowable amount, not to exceed $200,000. Mayor Johnson moved and Commissioner Mathiesen seconded to approve the resolution as modified. Ayes – All Discussion and Vote: Resolution Authorizing the City to Submit a Transportation Enhancement Program (TEP) Grant Application for the Construction of the Geyser Road Bicycle Pedestrian Trail (13-264) Brad Birge stated this is the same project but a different funding source. The grant amounts are much larger for this. We are seeking $1.7 million to fully construct the trail project. Commissioner Madigan stated again for the record she would like the Council to review the contract before approval. She also confirmed $425,000 will be part of the 2014 capital budget. Brad advised the match would be $290,000. There should be sufficient funds. The resolution with the revision is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Michele Madigan Commissioner Christian Mathiesen Commissioner Anthony Scirocco A RESOLUTION AUTHORIZING THE CITY OF SARATOGA SPRINGS TO SEEK FUNDING THROUGH THE TRANSPORTATION ENHANCEMENT PROGRAM FOR THE CONSTRUCTION OF THE GEYSER ROAD BICYCLE PEDESTRIAN TRAIL WHEREAS, The construction of the Geyser Road bicycle-pedestrian trail achieves several of the City’s Comprehensive Plan Transportation objectives including promoting pedestrian and bicycle access to reduce dependence on the automobile, developing a comprehensive citywide multi-use trail plan that integrates existing pedestrian, bicycle, road, and open space systems, and the enhancement of pedestrian-bicycle connections to nearby residential areas and to the Spa State Park, and WHEREAS, This project will implement a key component of the Saratoga County Green Infrastructure Plan by providing a critical east-west non-motorized corridor connecting residential areas to major activity centers providing, and WHEREAS, The Southwest Neighborhood Association (SWNA) identified the need to provide and improve non-motorized modes of transportation in the area and Geyser Road was identified as the critical route to provide a safe non-motorized transportation facility for the general public, and WHEREAS, This project will provide a safe non-motorized passage along Geyser Road with connections to the Town of Milton, Geyser Elementary School, Geyser Park recreational area, Spa State Park and bikeways and the core of Saratoga Springs, and Page 11 of 24 City Council Meeting 8/6/13 WHEREAS, This route is intended to take advantage of, and coordinate with, other transportation planning and safety efforts currently underway including the County Route 43 bridge replacement over D&H railroad (SA221), the Route 50 Southern Gateway Study, the recent installation of the signalized Route 50 crossing that connects the Rail Road Run trail to the Saratoga State Park, and the construction of the Spring Run Trail Bicycle-Pedestrian Trail (SA181), and WHEREAS, This project represents the culmination of partnership and participation by neighborhood groups, the private s e c t o r , r e g i o n a l a d v o c a t e s , S t a t e e n t i t i e s , a n d l o c a l e l e c t e d o f f i c i a l s , and WHEREAS, The SWNA raised funds and took the initiative to hire a consultant to prepare an initial Project Scoping Report for this bicycle-pedestrian trail, and WHEREAS, The City Council has approved an award of bid for engineering services to prepare preliminary and final design services for this bicycle-pedestrian trail, and WHEREAS, The City Council desires to seek funding for the construction of this bicycle-pedestrian trail through the Transportation Enhancement Program, and WHEREAS, The City acknowledges that the Transportation Enhancement Program is a reimbursement program and that sponsors are required to pay project expenses first and then apply to NYS DOT for reimbursement, and that the City accepts responsibility for the project development in accordance with Federal requirements, and WHEREAS, The City acknowledges that that the Federal share can be no greater than 80 percent and that the nonfederal share can be no less than 20 percent and that the City has sufficient eligible matching funds capacity through a combination of in-kind services and proceeds from existing and anticipated General Obligation Bond funding, now therefore BE IT RESOLVED, that the Mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funding through the Transportation Enhancement Program Funding Application, in an amount not to exceed $1,700,000. Mayor Johnson moved and Commissioner Mathiesen seconded to approve the resolution as modified. Ayes – All Discussion: Update on Proposed Zoning Amendment to the Saratoga Hospital PUD Regarding Advisory Opinion and Proposed Legislation Modification Kate Maynard of the Planning Department advised there have been a few revisions to the Saratoga Hospital PUD proposed amendment. The proposed changes in the original application was regarding the removal of the Cramer House and in its place they were going to construct a 33,900 square foot addition to house 10 operating rooms. They also wanted to remove a parcel on the south side of Church Street. Now they would like to change the number of above grade levels from 5 to 3; the proposed set back on Myrtle Street; and the proposed boundary. Set Public Hearing: Saratoga Hospital PUD Mayor Johnson set a public hearing for September 3rd at 6:45 p.m. Discussion and Vote: Amend the 2013 Capital Budget – Recreation Court Resurfacing (13-265) Mayor Johnson stated the amount is $47,420.00. Mayor Johnson moved and Commissioner Madigan seconded to amend the 2013 capital budget as mentioned and listed. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen for the Preliminary and Final Design Services – Geyser Road Trail (13-266) Mayor Johnson advised this bid was awarded at the last meeting. This is the contract for it in the amount of $150,000 for the preliminary and final design. Page 12 of 24 City Council Meeting 8/6/13 Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to enter into the agreement as listed and described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Gary Ferris for Summer Concert Series (13-267) Mayor Johnson advised this is for Gary Ferris to perform in Congress Park as part of the Summer Concert series on August 27th in the amount of $100. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement as described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Sonny & Perley for Summer Concert Series (13-268) Mayor Johnson stated this is a reschedule from a prior rain out date. This is on August 13th in the amount of $300. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign an agreement. Ayes – All Discussion and Vote: Accept Donation for Summer Concert Series (13-269) Mayor Johnson moved and Commissioner Franck seconded to accept the donation of $500 from Ben and Jerry’s and $300 from Wesley for the summer concert series. Ayes – All Discussion: Aftermath Fire – Use of Recreation Center Mayor Johnson stated the City was fortunate to have the Recreation Center available to house the victims of the fire. About 20 people show up the evening of the fire that needed shelter. They were sheltered and housed in the Community Room. Commissioner Madigan stated she stopped over there that night and the facilities were perfect. Commissioner Mathiesen stated he too stopped over. People were shaken but were being comforted. Commissioner Scirocco stated we could use cable over there to keep the people informed. Discussion: Update Saratoga 150 Activities – Floral Fete Mayor Johnson stated we have held a lot of parades in Saratoga Springs over the years, but he has never seen such a crowd as the one for the Floral Fete. The estimated attendance was 40,000. He thanked the Committee, MaryLou Whitney and John Hendrickson for a great event. The website for Saratoga 150 is www.saratoga150.com. Commissioner Franck thanked his deputy, Sharon Kellner-Byrnes and Marilyn Rivers. Page 13 of 24 City Council Meeting 8/6/13 ACCOUNTS DEPARTMENT Award of Bid: Veteran’s Memorial Basketball Court Resurfacing to Copeland Coating Co., Inc. (13-270) Commissioner Franck advised that on July 2nd a bid was awarded to Copeland Coating Co., Inc. to resurface the Veteran’s Memorial Tennis Courts, East Side Tennis – North Courts, East Side Tennis – South Courts, and the Hawthorn Basketball Court. Tonight he is awarding the bid to Copeland Coating Co., Inc. for the Veterans’ Memorial Basketball Courts. Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Veteran’s Memorial Basketball Courts Resurfacing to Copeland Coating Co., Inc. in the amount of $59,000.00. Commissioner Franck advised they were the overall lowest bidder. Funding is in line H3567142 / 52000 / 1163. Ayes – All Commissioner Franck moved and Commissioner Madigan seconded to add an item to the agenda to authorize the settlement of an Article 7 case for parcel #s 192.12-1-30 and 192.12-1-29. (13-286) Ayes – All Commissioner Franck moved and Commissioner Madigan seconded for the Council to settle the Article 7 case for parcel #s 192.12-1-30 and 192.12-1-29. The negotiated assessed value for parcel #192.12-1-30 is $176,300 for year 2012 with an estimated tax refund of no more than $549.45 and the negotiated assessed value for parcel #192.12-1-29 is $73,800 for year 2012 with an estimated tax refund of no more than $171.26. (13-287) Ayes - All FINANCE DEPARTMENT Discussion and Vote: SEQRA – Spa Solar Park Development Project (13-271) Commissioner Madigan stated the City awarded a bid to SunEdison to partner with the City to convert the Weibel Avenue Landfill into a solar site. There is a level of incentive funding from NYSERDA that makes this project financially viable. SunEdison will apply to NYSERDA for funding in an application due the end of this month. Commissioner Madigan read the following answers to the SEQRA Part 1 Short Form: 1. Applicant/Sponsor: SunEdison 2. Project Name: City of Saratoga Springs Spa Solar Park Development 3. Project Location: Municipality – Saratoga Springs County – Saratoga 4. Precise Location: Action is proposed on Parcel IDs 166.-2-1, 166.-2-28, and 166.-2-29. West side of Weibel Avenue (between Lake Avenue & Louden Road), Saratoga Springs, NY 12866 5. Proposed Action Is: New 6. Describe Project Briefly: Ground mount solar energy system, comprised of photovoltaic modules on racking structure, DC to AC inverter, transformer, and assorted wires and hardware, all contained within a secure perimeter fence. Total project will include approximately 170,000 square feet of panel footprint. The height will be just under 7 ft. from the top of the modules to the ground. Perimeter fencing is 7ft. – 9ft. 7. Amount of Land Affected: Initially 8 acres Ultimately 8 acres 8. Will Proposed Action Comply with Existing Zoning or Other Existing Land Use Restrictions? Yes 9. What is Present Land Use in Vicinity of Project? Residential, Commercial, Park/Forest/Open Space. The photovoltaic system will be installed over an existing and capped City landfill. Other uses include commercial/residential Page 14 of 24 City Council Meeting 8/6/13 properties across Weibel Avenue to the east and forest land to the west between the landfill and the Adirondack Northway (Interstate 87). Immediately east of the subject property and west of Weibel Avenue includes municipal uses (composing facility). I-87 provides a barrier to other uses to the west of the freeway. To the south, there is additional City-owned property and, further south, forested open space land. To the north is the National Grid property and varied commercial uses. 10. Does Action Involve a permit approval, or Funding, Now or Ultimately From Any Other Governmental Agency (Federal, State or Local)? Yes – Funding sought from New York State Energy Research and Development Authority (NYSERDA). 11. Does Any Aspect of the Action Have a Currently Valid Permit of Approval? No. 12. As a Result of Proposed Action Will Existing Permit/Approval Require Modification? No. Commissioner Madigan read the following proposed answers to the SEQRA Part 2 Short Form: A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? No anticipated adverse affects are identified with these items. C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No anticipated adverse affects are identified with these items. Site is currently disturbed. Site is capped landfill and has been used for municipal operations including a transfer station for several decades. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No anticipated adverse affects are identified with these items. C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Site is currently a capped municipal landfill. No anticipated adverse affects are identified with these items. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No anticipated adverse affects are identified with these items. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? None. C7. Other impacts (including changes in use of either quantity or type of energy? Solar array will generate electricity to be utilized by the City by remote net metering process. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Mark Alexander of SunEdison has certified the information provided is true. Commissioner Madigan moved and Commissioner Mathiesen seconded to adopt the findings of facts as recited in the presentation and determined that the proposed action will not result in any significant adverse environmental impacts - a negative SEQRA declaration. Mayor Johnson suggested polling the Council as to the proposed answers on Part 2 that they are in agreement. Commissioner Madigan amended the motion as stated by the Mayor. Commissioner Franck seconded the amendment. Ayes - All Discussion and Vote: Letter of Interest – Sun Edison NYSERDA Application for Spa Solar Park Development Project (13-272) Commissioner Madigan stated a letter of interest is required from the City. It is non-binding but informs NYSERDA that the City is interested in participating in the program and is working with SunEdison to do so. Commissioner Madigan read the letter into the record as follows: Dear Ms. Viscusi, Page 15 of 24 City Council Meeting 8/6/13 This letter of interest is made with respect to the response by SunEdison Commercial Solutions, LLC (“SunEdison”) to the New York State Energy Research and Development Authority (“NYSERDA”) Program Opportunity Notice 2589, detailing the incentive bid proposal for the installation of a ground mount solar photovoltaic system in the state of New York (the “Program”). SunEdison is working with the City of Saratoga Springs (“Saratoga Springs”) on a 2,599 kw DC (2 megawatt AC) system and this letter concerns the City’s site below: Parcel IDS: 166.-2-1, 166.-2-28, and 166.-2-29 On or about 41 Weibel Avenue Saratoga Springs, New York 12866 Saratoga Springs hereby expresses its interest in participating in the Program for the site specified above. By signing below, SunEdison agrees and acknowledges to the matters set forth in this letter. Commissioner Madigan moved and Commissioner Franck seconded for the Council to authorize the mayor to sign the letter of interest for the NYSERDA application as distributed with the agenda and as amended to substitute the word government for the word commercial in the vendor’s name. Ayes – All Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2014 (13-273) Commissioner Madigan stated this resolution covers non-union full time personnel except the human resource administrator for tonight’s purpose. The CPI reference is 1.5% released on July 16, 2013. The cost will be approximately $11,500 and will be effective January 1, 2014. The Council waived the reading for the following resolution: Resolution for non-union full time personnel Amended August 6, 2013 It is the intent of this resolution to establish changes in compensation and fringe benefits for the following non-union full time employees of the City of Saratoga Springs. Employees and personnel subject to this resolution shall be the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resources Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety and the Deputy Mayor, each hereinafter referred to as “employee.” This resolution shall supersede all prior resolutions affecting compensation and benefits for said employees. This resolution shall only be effective for stated employees in service as of the date of the resolution adoption and those in service subsequent to the date of adoption and specifically shall not apply to employees who have retired, or left office, prior to date of adoption. Nothing in this resolution shall be construed to create an employment agreement nor alter the “at-will” status of the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety and the Deputy Mayor. NOW THEREFORE BE IT RESOLVED as follows: A. The terms of this resolution shall take place on January 1, 2007, as amended on July 19, 2011, January 15, 2013, and as further amended on August 6, 2013. B. The employee shall not be entitled to overtime compensation. C. The employee’s standard workweek shall be 40 hours per week; excluding Secretary to the Civil Service Commission, the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, and the Executive Assistant to the Commissioner of Public Safety, which shall remain at 33 hours per week. D. The salary of the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety shall be the same as the Executive Assistant to the Mayor. E. The employee shall enjoy and be entitled to the following benefits: 1. Vacation: An employee shall earn annual vacation as follows: 10 working days during their first year of service, and during each of the next four years of service; 15 working days upon completion of five (5) years of service; 20 working days upon completion of ten (10) years of service; 25 working days upon completion of fifteen (15) years of service and 30 working days upon completion of twenty (20) years of service. For each employee hired after January 1, 2006, a proration of the 10 days will be granted during the first year of service. Vacations for the employee shall be scheduled and approved by their respective Council member. Vacation must be taken by December 31st of the year vacation was earned, or else the time shall be forfeited. If the employee retires, resigns, or is not re-appointed, the employee shall be entitled to payment for only those vacation Page 16 of 24 City Council Meeting 8/6/13 days earned and unused for the period between the employee’s last anniversary date and the date of retirement, resignation or other termination. If a recognized City Hall holiday falls within the vacation period, the vacation period shall be extended by the holiday falling within such periods. If an employee should die during his or her employment, all vacation time earned and unused for the period between the employee’s last anniversary date and the date of death, shall be paid in cash or as employee’s death benefit to his/her designated beneficiary or estate. 2. Sick Leave: The employee shall be entitled to sick leave with pay for a maximum of twelve (12) working days per year. The employee may accumulate sick leave, but may not use more than 150 days in any given 12 month period. Employee shall use sick leave in no shorter than two hour increments. Each employee hired after January 1st shall be granted a proration of the 12 days allotted during the first year of service. If an employee is absent because of illness or disability for more than three consecutive days, they may be required by their Commissioner/Mayor to provide a physician’s statement of sickness or disability. Prior to any cash payments for unused sick leave, an employee who terminates his/her service prior to December 31st shall be granted a proration of the 12 days allotted. Their Commissioner on an annual basis must maintain an employee’s records of sick time with a copy submitted to the Commissioner of Finance for each employee’s payroll folder. Cash payments will be made for accumulated unused sick leave remaining in the employee’s individual account at termination of employment or upon death of employee while in the employ of the City upon the following basis: Twenty-five percent (25%) of accumulated sick leave up to a maximum of 200 days (cash payment of 50 days). Cash payments upon death of employee while in the employ of the City shall be paid to the employee’s beneficiary or estate. 3. Personal Days: The employee who works 40 hours per week shall be granted six (6) personal days per year. The employee who works 33 hours per week shall be granted five (5) personal days. Each personal day make be taken at either a full day, one half day, or at a minimum of two (2) hour increments at a time. Such leave shall be requested in writing at least 24 hours in advance of the request time. The six (6) personal days (or five (5) for employees working 33 hours per week) shall be granted for the year on January 1. Each employee hired after January 1st shall be granted a proration of the six or five days allotted, however, if the employee does not complete the entire year, the pro-rated equivalent daily rate of pay shall be subtracted from any monies due to the employee. Personal days not used in any calendar year shall be credited to accumulated sick leave. 4. Holidays: The employee shall be entitled to 11 paid Holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. 5. Bereavement: The employee shall be entitled to three (3) consecutive workdays off per death in their immediate family. Immediate family shall be defined as mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister- in-law, brother-in-law, spouse, grandparent (s), or other persons living in the household of the employee. 6. Retirement: The employee shall be covered by the New York State Employee’s Retirement System known as 75i of the New York State Retirement Law. 7. Health: For employees hired prior to January 1, 2007, the employee shall be entitled to participate in the MVP25 health insurance plans offered by the City to the various bargaining units, at no cost to the employee. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents at the City’s own expense. For employees hired after January 1, 2007, the employee shall be entitled to participate in the MVP25 health insurance plans offered by the City to the various bargaining units, at a cost to the employee of 10% of the total cost of his or her health insurance plan not to exceed $750 per year. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents. For all Medicare eligible retirees, the City shall offer the MVP Medicare Advantage Preferred Gold as the sole plan. For all retirees residing outside the geographic network served by MVP, the City shall offer the MVP Preferred PPO Plan as the sole plan. The City shall provide the plans to the retired employees and their dependents. The City shall provide such medical coverage for the widow or widower of the employee or retired employee in this resolution until the widow or widower’s death or remarriage whichever occurs sooner. Children shall be covered until age 19 or as stipulated in the appropriate health care contract or otherwise as may be required by law. “Retirees” shall be defined as full time employees who have served the City of Saratoga Springs for at least twenty consecutive years and retire from the New York State Employee’s Retirement System Section 75i of the New York State Retirement Law and were serving as full time employees of the City of Saratoga Springs at the time of retirement. For the purposes of this definition, the commencement date of “full time employment” for the current Civil Service Secretary, Patsy Berrigan, shall be deemed September 4, 1995, and the number of consecutive years of full time employment required is ten, as per prior documentation. An employee may elect not to participate in a plan of medical and health insurance benefits provided under this agreement and such employee shall be eligible to receive a payment of $900.00 for single coverage, $1,300.00 for two-person coverage or $1,730.00 for family coverage per calendar year. No employee shall be eligible to receive Page 17 of 24 City Council Meeting 8/6/13 such payment unless the employee shall have provided proof to the Finance Office that such employee and such employees’ eligible dependents are covered by a comparable plan of medical and health insurance benefits for the entire year that such employee elected not to be covered by a plan provided by the Employer. Payments shall be made on December 15 of each year. The parties understand that participation in a plan of medical and health insurance benefits is mandatory. An election not to be covered shall be made on or about December 15th of each year to the Principal Account Clerk in the Finance Office in charge of City provided benefits pursuant to the regulations of the plan in effect together with evidence of coverage of such employee and such employee’s eligible dependents under a comparable plan of medical and health insurance benefits. Such employee must promptly notify the Employer of termination of alternative medical and health insurance benefit coverage. In the event that an employee reenrolls in a health insurance program, the employee shall be permitted to a prorated portion of the $900.00 (for single coverage), $1,300.00 (for two-person coverage), or $1,730.00 (for family coverage), payment but shall not be permitted to again opt-out of the insurance program during the calendar year. Employees hired before July 1, 2011 shall be entitled to participate in the Health Reimbursement Arrangement as contracted by the City Council and will receive the full benefits of such as are being enjoyed by members of the collective bargaining units under the HRA Plan. The City shall provide this plan to the employee, their dependents, and retired employees and their dependents. 8. Vision: The City agrees to pay 100% of the cost of the Employee Benefit fund Vision Plan Platinum 12 for all employees and their dependents. 9. Disability: New York State Disability Insurance shall be offered to the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resource Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, and the Deputy Mayor. 10. Life: The City shall provide group term life insurance for the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resource Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, and the Deputy Mayor in the amount of $5,000.00 while they are employed by the City of Saratoga Springs. 11. All increases in compensation and benefits paid to employees under this resolution shall be drawn from the budget of the employees department, except that if said departmental budget does not contain funds sufficient to pay the employee, the Head of that Department may draw any remaining compensation or payment due to the employee from the City’s contingency budget. 12. Each employee shall receive longevity payments as follows: After 10 years of service $500.00; After 15 years of service $1,550.00; After 20 years of service $1,800.00; and an additional $250.00 each five (5) years thereafter. All longevity payments shall be paid upon completion of the specified amounts of consecutive eligible service regardless of the title (s) held during that time. F. Effective January 1, 2013, all employees covered by this resolution and who have been employed with the City for the past six consecutive months without interruption shall receive a 2% increase in salary. G. Effective January 1, 2014, and for every year thereafter effective on the first of the year, all employees covered by this resolution, with the exception of the Human Resources Administrator for the year 2014, shall receive an increase in salary based on the Bureau of Labor Consumer Price Index – Northeast Region June (12-month) of the prior year. If there is no increase in the Bureau of Labor Consumer Price Index – Northeast Region June (12-month), then salaries remain unchanged. H. This Resolution shall be reviewed by the City Council annually on the Commissioner of Finance’s agenda, by no later than the first meeting in August of each year. Commissioner Madigan moved and Commissioner Franck seconded to approve the resolution for non-union full time personnel as distributed with the agenda. Mayor Johnson stated he will be voting against this just to be consistent with his vote earlier in the year. Ayes – 4 Nays – 1 (Mayor Johnson) Discussion: 2nd Quarter 2013 Financial Report Commissioner Madigan this report has been submitted to the City Clerk’s Office; attached to the agenda and can also be found on the City’s website. The report reflects amounts posted as of June 30, 2013. The City is on target for the second quarter 2013 with general fund revenues collected being 49.4%, general Page 18 of 24  City Council Meeting 8/6/13 fund expenditures were 45.8%; all funds collectively – revenues collected are 53.6%; all funds collectively – expenditures are 44.4%. Commissioner Madigan advised that property taxes collected are at 66.2%; VLT aid was received on June 28th in the amount of $1,827,251; and ambulance transport fees were $417,607. Sales tax figures only include 4 months; amount received is $2,870,252 which is a decrease from 2012. Occupancy tax is paid to the City from the County on a quarterly basis; the first quarterly payment was received in April and the second will arrive in mid July. Commissioner Madigan advised the Mayor’s Office revenue is at 94.7% received through the end of June. Accounts Department is 68.6% collected. The City issued a general obligation bond on June 15, 2013 to finance various 2013 capital budget projects. They do not anticipate any future borrowing for 2013. Discussion and Vote: Resolution for the Use of Reserve – Subdivision Recreation Fund (13-274) Commissioner Madigan stated this resolution is to request the use of subdivision recreation funds towards the resurfacing project. The subdivision recreation fund is support by site plan fees paid in lieu of usable recreation land and may be used for neighborhood parks, playground, and recreation purposes including the acquisition of property. One court at Veteran’s Memorial Park required more work than anticipated and put the project over budget by $47,420.00. The resolution recommends the use of the Subdivision Fund for this amount. The balance of the Subdivision Recreation Fund before this resolution is $996,300.00; and $948,900.00. The Council agreed to waive the reading of the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner Michele Madigan Commissioner Anthony Scirocco Commissioner Christian Mathiesen Commissioner John P. Franck BE IT RESOLVED, by the City Council of the City of Saratoga Springs as follows; WHEREAS, the City of Saratoga Springs has established a subdivision recreation fund as part of its Subdivision Regulations and as part of its Zoning Ordinance (Section 7.2.18). The purpose of the subdivision recreation fund is to use site plan fees paid in lieu of usable recreation land for “neighborhood park, playground or recreation purposes, including the acquisition and improvement of property”; and WHEREAS, recently the City’s basketball courts at Veterans Memorial Park were found to be badly worn and deteriorated to the point where only a complete resurfacing and reconstruction will return them to safe and proper use. The courts are a popular feature of the park and provide many people with opportunities for recreation; and WHEREAS, the City has received a reasonable quotation for said resurfacing and reconstruction in the amount of $47,420. NOW, THEREFORE, BE IT RESOLVED, as follows 1. The City Council finds that an expenditure of $47,420 to restore the basketball courts at Veterans Memorial Park is in accordance with the purposes of the subdivision recreation fund. The City Council authorizes said payment of $47,420 to be paid from said fund for said purpose. Commissioner Madigan moved and Commissioner Franck seconded to approve the resolution for use of the Subdivision Recreation Fund as distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendments – Interfund for Use of Reserve – Subdivision Recreation Fund (13-275) Commissioner Madigan stated this is to bring the $47,420 into the budget from the Subdivision Recreation Fund to be available for the recreation court resurfacing expense. Page 19 of 24 City Council Meeting 8/6/13 Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget amendments – interfund for use of reserve – Subdivision Recreation Fund 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: Capital Budget Amendment – Recreation Court Resurfacing Project (13-276) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget amendment - capital budget – for the Recreation Department court resurfacing 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: Budget Transfers – Payroll (13-277) 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 – Contingency for Resolution for Non-Union FT Personnel for 2013 (13-278) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget transfers – contingency for 2013 resolution for non-union full time personnel that were made available with the agenda materials. The current balance in the contingency line is $597,200. The amount that will remain in the line is $585,194 after this transfer. Ayes – 4 Nays – 1 (Mayor Johnson) Discussion and Vote: Resolution – Saratoga Rowing Association (13-279) Commissioner Madigan read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS NEW YORK BE IT RESOLVED, by the City Council of the City of Saratoga Springs, as follows: WHEREAS, the great sport of rowing enjoys a prominent place in the history of Saratoga Springs. In the 1870’s, the original Saratoga Rowing Association became an American institution, attracting as many as 25,000 people to its competitions on Saratoga Lake, and WHEREAS, today, the many members of the Saratoga Rowing Association (“SRA”) continue to make vital contributions to their sport and to their community. The SRA serves more than 500 rowers, from pre-teens through adults, and maintains an extensive professional staff, a board of directors, and over 200 volunteers. They conduct five major regattas each year that attract over 30,000 spectators and contribute an estimated five million dollars to the regional economy. With nearly a quarter million participants, rowing is now one of the fastest growing sports in the United States, and Page 20 of 24 City Council Meeting 8/6/13 WHEREAS, the SRA is pursuing several grants for an innovative proposal to develop a parking and staging area for national rowing events on the eastern shore of Fish Creek. Estimated costs for the project are $1,250,000, and about $60,000 has already been raised. Completion of the project would give Saratoga Springs a top quality rowing facility that would benefit our community’s economy, provide recreational and health benefits, provide healthy activities for young people, and promote Saratoga Springs as a major rowing venue. NOW THEREFORE BE IT RESOLVED, as follows: 1. This Council encourages the development of SRA’s proposal to make Saratoga Springs a major rowing destination. 2. On behalf of the people of Saratoga Springs, this Council expresses its thanks and appreciation for the outstanding work done by members and volunteers of the Saratoga Rowing Association, and wishes them the very best of luck in their future endeavors. Commissioner Madigan moved and Commissioner Scirocco seconded to accept the resolution. Ayes – All Announcement: 2014 Requested Budgets Commissioner Madigan reminded the Council their requested budgets are due by noon on August 8th. This year’s budget theme will be essential services and sustainable budgets. PUBLIC WORKS DEPARTMENT Set Public Hearing: Amend the 2013 Capital Budget – carousel Renovation Project Commissioner Scirocco set a public hearing for Tuesday, August 20, 2013 at 6:40 p.m. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Chazen Company – Water Model (13-280) Commissioner Scirocco advised this is to continue their efforts to create a water model and to address issues in the City’s water distribution system. Under this agreement, Chazen will develop a water system flushing program for the City and provide long term recommendations for distribution system upgrades. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Chazen Company for the water distribution system modeling in the amount of $45,500.00. Funding is in line H3638332 / 52000 / 1167. Tim Wales, city engineer, stated this is part of a long term plan to increase our water distribution system efficiency. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement for the Display of En Point Sculpture at 510 Broadway – Hats & More LLC (13-281) Commissioner Scirocco stated this will be in effect until November 1, 2013. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Hats & More, LLC to display in the City’s right of way En Point sculpture at 510 Broadway. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign City Designated Engineering Service Agreement with Barton & Loguidice, P.C. (13-282) Page 21 of 24 City Council Meeting 8/6/13 Commissioner Scirocco stated this to assist the engineering and planning staff. Four firms were selected: Barton & Loguidice, Chazen, Creighton Manning, and Environmental Design Partnership. The review fees will be paid for by the applicants and the developers. Occasionally, engineering task orders will be given to these firms for work on City projects below $20,000 in accordance with the City’s Purchasing Policy. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with Barton & Loguidice, P.C. for the city designated engineering service. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign City Designated Engineering Service Agreement with Creigton Manning Engineering, LLP (13-283) Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Creighton Manning Engineering, LLP for city designated engineering service. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign city Designated Engineering Service Agreement with the Chazen Companies (13-284) Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign a agreement with Chazen Companies for city designated engineering service. Ayes – All Discussion and Vote: Resolution for Authorizing the Submission of a Consolidated Funding Application for a NYS DEC/EFC Wastewater Infrastructure Engineering Planning Grant (13-285) Commissioner Scirocco advised the Engineering Department identified a grant for up to $30,000 with a 20% match. The following resolution allows the City to apply for the grant funds: RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED FUNDING APPLICATION FOR A NYS DEC/EFC WASTEWATER INFRASTRUCTURE ENGINEERING PLANNING GRANT WHEREAS, the City of Saratoga Springs finds it desirous to apply for funding through the NYS DEC/EFC Wastewater Infrastructure Engineering Planning Grant Program; and WHEREAS, the grant funding will be utilized to prepare engineering plans and cost estimates for upgrading three (3) pump stations; and WHEREAS, the DEC/EFC Wastewater Infrastructure Planning Grant Program requires a 20% local match of a total funding grant of $30,000; and NOW, THEREFORE, BE IT RESOLVED that City Council authorizes the Mayor to sign all necessary documents to submit an application for DEC/EFC funding. Commissioner Scirocco moved and Commissioner Mathiesen seconded to approve the resolution as presented. Commissioner Madigan asked which budget is this being proposed in. Tim Wales advised the deputy commissioner has the line item and sub-department. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion: Fire on Woodlawn Avenue on 7-28-13 Page 22 of 24 City Council Meeting 8/6/13 Commissioner Mathiesen advised all tenants were able to evacuate safely. Our Fire Department was quickly on the scene and assisted by other area departments. The blaze was under control by mid morning. He thanked the Greenfield Fire Department, Maple Avenue Department, Middle Grove Fire Department, Porters Corners Fire Department, Malta Ridge Fire Department, Ballston Spa Fire Department, Maple Avenue Fire Auxiliary, Assembly of God, Saratoga County Office of Emergency Services, Empire Ambulance, American Red Cross, Marilyn Rivers, Eileen Finneran, Sgt. Tom Mitchell, Commissioner Scirocco, Derreck Legall, John Hirliman, Kevin Veitch, Dan Cogan, Saratoga Springs Police Department, Bill Morris of Morris Excavating, Tony Izzo, neighbors who provided food and drinks, and our entire Fire Department. Discussion: Fire Inspections Commissioner Mathiesen advised he was informed that a local blogger wrote an article that fire inspections are not being done as frequently due to our ambulance service. The article also inferred the fire may have been from a lack of fire inspection. The fact is there have been more inspections done in 2012 after the ambulance was taken on then in 2010 and 2011. The Woodlawn Avenue row houses had recently been inspected. Discussion: Floral Fete Commissioner Mathiesen stated the Police Department worked very hard to coordinate things to make this happen. There are a lot people who deserve credit for making this possible. Discussion: Parking Garage Activities Commissioner Mathiesen advised there have been problems with inappropriate use of the parking garages for shelter. He was informed by Tony Izzo that our City Code has language that can assist with this. It was suggested by Tony Izzo that a sign be put up at each entrance of the garages stating the use of the garages is for parking vehicles only. Persons in violation will be asked to move on; if they refuse they will be issued appearance tickets. SUPERVISORS Joanne Yepsen Vietnam Veterans Commemorative Supervisor Yepsen reported she introduced a proposal that we become a Veteran Vietnam War Commemorative partner with New York State. This will allow local veterans’ organizations to assist a grateful nation in thanking and honoring our Vietnam Veterans and their families. County Equalization and Assessment Supervisor Yepsen reported they adopted a new policy regarding public auctions of property. The next auction is September 17th and they have 24 properties on the auction block. Report on Woodlawn Fire Victims Outreach Supervisor Yepsen many participated in responding to the needs of 41 people who lost everything that night. She thanked Denny Butler for finding missing animals. Several people are still looking for a place to live. Items are still needed and are being collected in the activity room at the backstretch. CFA Page 23 of 24 City Council Meeting 8/6/13 Supervisor Yepsen reported the application deadline is nearing. She will submit a letter of support and brining in guest speakers. She will facilitate along with Supervisor Veitch a resolution in support of the Rowing Association. Matthew Veitch Update: Saratoga County Sewer District Expansion Supervisor Veitch reported the County has indicated they are going to expand the lines that run from the northern part of the County to the southern part. Update: Amtrak Bicycles on Trains Trial Supervisor Veitch reported he participated in a pilot program with Amtrak. He put his bike on the train in Schenectady and got off in Saratoga Springs. The train ran from Penn Station to Fort Edward. At each stop 4 bicyclists got on and 4 got off. Update: CDTA Bus Shelter on Geyser Road Supervisor Veitch reported there is a group of people that congregate at the bus stop at the corner of Casino Drive and Geyser Road. It is becoming an unsafe issue. He spoke with CDTA who indicated they have no problem putting a shelter there and the County DPW advised they would do some grading. Update: Technology Committee Supervisor Veitch reported they have a meeting on Thursday and will discuss the redesign of the County website and the time and attendance program. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:49 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 8/20/13 Vote: 5 - 0 Page 24 of 24