City Council

December 3, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:30 PM – P.H. – Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue 6:40 PM – P.H. – Amend Chapter 225, Article IX Sub-Section 225-81 Schedule XVI – Parking Prohibited 6:45 PM – P.H. – Amend Capital Budget for Ballston Avenue Traffic Improvement Project 6:50 PM – P.H. – amend 2013 Capital Budget and Program for Bicycle/Pedestrian Accommodations on I-87 Exit 15 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Outstanding Service Awards 2. Police Department Promotions EXECUTIVE SESSION: Discussion regarding proposed, pending or current litigation; collective negotiations. CONSENT AGENDA 1. Approval of 10/31/13 Budget Workshop Meeting Minutes 2. Approval of 11/4/13 City Council Meeting Minutes 3. Approve Budget Amendments - (Decreases) 4. Approve Budget Amendments – (Increases) 5. Approve Budget Transfers - Regular 6. Approve Payroll 11/22/13 $420,981.10 7. Approve Payroll 11/27/13 $437,140.63 8. Approve Warrant: 2013 Mid – 13MWNOV2 $527,695.01 9. Approve Warrant: 2013 REG – 13DEC1 $5,982,029.33 MAYOR’S DEPARTMENT 1. Discussion and Vote: Determination of SEQRA for Proposed Zoning Map Amendment at 3368 South Broadway (Turf Hotels) City Council Meeting 12/03/13 2. Discussion and Vote: Proposed Zoning Map Amendment at 3368 South Broadway (Turf Hotels) 3. Discussion and Vote: Amend the 2013 Capital Budget and Program for Bicycle/Pedestrian Accommodations on I-87 Exit 15 Bridge 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with New York State Department of Transportation for Route 50 I-87 Sidewalk Project at Exit 15 5. Announcement: 2013 Community Development Block Grant Applications 6. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Springs Preservation Foundation for Grant-Funded East Side Historic District Properties Survey Update 7. Discussion and Vote: Re-appointment to City Center Authority 8. Discussion and Vote: Amend the Previous Resolutions of the City Council Entitled “Resolution for Benefits for the Mayor and Commissioners” ACCOUNTS DEPARTMENT 1. Discussion and Vote: Fleet Safety Policy FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Armory Associates 2. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Harris Beach 3. Discussion and Vote: Authorization for the Mayor to Sign Health Care Plan Rate Renewal 4. Discussion and Vote: 2014 City Fees 5. Discussion and Vote: Capital Budget Amendment for Ballston Avenue Traffic Improvement Project 6. Discussion and Vote: Bond Resolution – Ballston Avenue Traffic Improvement Project 7. Discussion and Vote: Capital Budget Transfer for I-87 Exit 15 Bridge Bike/Pedestrian Path 8. Discussion and Vote: Budget Transfers – Payroll 9. Discussion and Vote: Budget Transfers – Benefits 10. Discussion: Ratification of Proposed Collective Bargaining Agreement with the Fire Administrative Officers Unit (aka the “Fire Chief’s Unit”) PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend 2013 Capital Budget – Ballston Avenue Traffic Improvement Project 2. Discussion and Vote: Authorization for the Mayor to Sign a Change Order for Mid-State Industries, LTD – City Hall Annex Roof & masonry Repairs 3. Discussion and Vote: Authorization for the Mayor to Sign a contract with Bunkoff General Contractors, Inc. – Canfield Casino First Floor Reinforcing & Basement Moisture Remediation 4. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Stilsing Electric Inc. – Water Treatment Plant Generator 5. Discussion and Vote: Authorization for the Mayor to Sign a Lease Agreement with the Franklin Community Center 6. Discussion and Vote: Donations – 911 Sculpture at High Rock Park PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Art Breault, NYS Certified Instructor Coordinator for the Fire Department Training 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Hudson Valley Community College for EMT Paramedic Program 3. Discussion and Vote: Authorization for Mayor to Sign Agreement with Complus Data Innovations, Inc. 4. Discussion and Vote: Amend Chapter 225 Article IX, Schedules, Sub-Section 225-81, Schedule XVI, Parking Prohibited at All Times 5. Discussion: General Schuyler Proposal 6. Announcement: Marine Corp Toys for Tots Train and Wounded Warrior Helicopter on Sunday, December 8th at 9:25 a.m. Page 2 of 19 City Council Meeting 12/03/13 SUPERVISORS Joanne Yepsen 1. County Racing Committee 2014 2. County Budget Public Hearing 3. Vietnam Commemorative Committee: Appointees and First Committee Meeting Matthew Veitch 1. Update: Racing Committee 2. Update: Technology Committee 3. Update: 2014 County Budget ADJOURN Page 3 of 19 City Council Meeting 12/03/13 December 3, 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 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 Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue Mayor Johnson opened the public hearing at 6:31 p.m. Commissioner Mathiesen stated the have been looking for a parcel east of the Northway. They found one parcel that has been for sale for a number of years. The owners are willing to sell the City that parcel for $200,000 if we are willing to sell them the Algonquin parking lot for $775,000. They think they have a reasonable set of transactions that will work out well for the City. Page 4 of 19 City Council Meeting 12/03/13 Laurie Wellman of 15 Cliffside Drive stated when she last spoke about this topic she urged the Council to build a fire and emergency facility on the east side of the Northway. We have an incredible opportunity that will have a minimal impact on the budget. The City’s Comprehensive Plan calls for no parking lots on Broadway in the future and all buildings to be built up to the sidewalk. This appears to be an unusual win/win opportunity. Pat Brearton of 14 Vermont Street stated he is here on behalf of the North Side Civic Association. They oppose the sale of this lot. Suzanne Marshall of 50 Tyler Drive stated while she can appreciate not having the parking as an issue. She would like to think that health and safety takes precedent over parking. Don Snyder of 6 Oakbrook Boulevard stated he was asked in 2002 by former Commissioner Curley to look into a site east of the Northway in which a fire/EMS facility can be built. Commissioner Mathiesen and Chief Williams is presenting a viable solution. We need to act now without further delays. He urged the Council to approve the land sale proposed to them. Nancy Goldberg of 66 Sarazen Street stated there were less than 500 people east of the Northway when she moved here in 1989 and now there are more than 3,000 people. She asked the Council to approve the land transfer for a growing population. Failure to do so could cost the City a great deal of money. It is a win/win for all of us. John Willson of 3 Waterview Drive stated this is only the initial step for a 40 year vision for 2 satellite fire/EMS stations for the City. When the Waterfront property was purchased, the City did not have any plans for development nor did they have any idea of the operational costs associated. When this plan was proposed for the fire/EMS facility, every detail was questioned. Significant detail has been provided by Commissioner Mathiesen and Chief Williams as to how this facility could be run and its costs. Now is the time to provide safety for all the residents of this City by moving this project forward. David Bronner of 5 Royal Henley Court stated he firmly believes we need to take some action for emergency services on the east ridge. When considering this land deal do not remove any parking spots until the City Center parking lot is completed; get a new appraisal as this land may be worth more than $775,000; and put out bids to sell to the highest bidder. Mark Baker, president of the City Center Authority stated the parking structure is in play. He is encouraged by the referencing and the commitment of understanding of the sequencing of these projects. It will take municipal oversight and commitment from the private parties involved. Todd Schimkus of 139 Jefferson Street and president of the Chamber of Commerce stated the vision the City has had is when it sells property downtown, funds are set aside for parking. The issue that still needs to be resolved is the balance of the proceeds being set aside for parking. Carolyn Mitzen of 10 Cassidy Drive stated she is a retired critical care nurse who has seen first hand the devastation response time delays can make. She implored the Council to pass the land acquisition. Matt McCabe of 39 Piping Rock Circle stated several years ago there was money a fund for the acquisition. He suggested to the Council then that they take the $200,000 in the property acquisition fund and co- purchase the property at the lake so they could put a building at the top. He hopes they can look at this a little more creatively. Mayor Johnson ended the public hearing at 7:06 p.m. and left it open. Amend Chapter 225, Article IX Sub-Section 225-81 Schedule XVI – Parking Prohibited Mayor Johnson opened the public hearing at 7:06 p.m. Page 5 of 19 City Council Meeting 12/03/13 Commissioner Mathiesen stated this relates to parking on Church Street and Clinton Street. Parking would be prohibited on the south side of the street only. No one spoke. Mayor Johnson closed the public hearing at 7:08 p.m. Amend Capital Budget for Ballston Avenue Traffic Improvement Project Mayor Johnson opened the public hearing at 7:08 p.m. Commissioner Scirocco stated they believe this project will improve the safety in this corridor. After they amend the capital budget, the total amount will be $2,289,000. They are looking to amend the budget to take on another $876,000 from NYSDOT. Tim Wales, city engineer stated the last chunk of funding was almost $900,000. Commissioner Scirocco further advised this project will re-align the curb line and replace the traffic signal on Hamilton Street; modify Union Street access; new sidewalks; street lighting; and improve pedestrian accommodations. No one spoke. Mayor Johnson closed the public hearing at 7:13 p.m. Amend 2013 Capital Budget and Program for Bicycle/Pedestrian Accommodations on I-87 Exit 15 Mayor Johnson opened the public hearing at 7:13 p.m. Mayor Johnson stated they have an opportunity to enter into an agreement with the New York State Department of Transportation to provide bike/pedestrian access from Excelsior Avenue to the Exit 15 ramp. This will cost the City $125,000 as our contribution. Lynn Grabowski of Saratoga Springs stated she commutes by bike; she doesn’t have a car. One of the places she wants to be able to go is Walmart. It seems the $125,000 would be better spent accommodating cyclists as a bike lane on Route 50 in a direct path to go toward Wilton and to widen the cycling routes into Saratoga. Doug Haller of St. Jude Court of Rowland Hollow is the president of Bikatoga. They support any positive movement in creating linkages. Walkable and bikeable communities have a higher quality of life. Steve Tomin of 66 Hyde Street stated he is also a member of Bikatoga. He thanked the City for supporting the development of bike lanes in Saratoga Springs. Mayor Johnson closed the public hearing at 7:20 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:20 p.m. PUBLIC COMENT Page 6 of 19 City Council Meeting 12/03/13 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 7:21 p.m. Nancy Goldberg of 66 Sarazen Street stated everyone always worries about parking. How come the new parking garage has 48 hours parking? Ben Turon of 41 Lewis Street, Ballston Spa stated he would support limited expansion of gambling at the racino. Mayor Johnson closed the public comment period at 7:23 p.m. PRESENTATIONS Outstanding Service Awards Commissioner Mathiesen advised they made the presentation of the awards at yesterday’s pre-agenda meeting. These dispatchers were very instrumental during the Woodlawn Avenue fire. The dispatchers are: Derrick Park, Renee Willet, and Sue Green. Police Department Promotions Commissioner Mathiesen advised of the following promotions in the Police Department: Matt Wilson has been promoted to investigator; Sergeant Tom Mitchell has been made lieutenant; and Tony Straus is now a sergeant. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Madigan seconded to move into executive session for discussions of proposed, pending, or current litigation at 7:25 p.m. Ayes – All The Council returned at 8:08 p.m. Mayor Johnson advised the matter resolved in executive session will be addressed under the Accounts Department agenda. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 10/31/13 Budget Workshop Meeting Minutes 2. Approval of 11/4/13 City Council Meeting Minutes 3. Approve Budget Amendments - (Decreases) 4. Approve Budget Amendments – (Increases) 5. Approve Budget Transfers - Regular 6. Approve Payroll 11/22/13 $420,981.10 7. Approve Payroll 11/27/13 $437,140.63 8. Approve Warrant: 2013 Mid – 13MWNOV2 $527,695.01 9. Approve Warrant: 2013 REG – 13DEC1 $5,982,029.33 Ayes – All Page 7 of 19 City Council Meeting 12/03/13 MAYOR’S DEPARTMENT Discussion and Vote: Determination of SEQRA for Proposed Zoning Map Amendment at 3368 South Broadway (Turf Hotels) (13-406) Kate Maynard of the Planning Department explained the first item is the completion of SEQRA as lead agency and the second is the vote on the map amendment. This area is currently zoned office medical business – 1 (OMB-1). The map amendment is to shift from OMB-1 to a tourist related business district (TRBD). The Planning Board issued a favorable advisory opinion, DRC issued a favorable advisory opinion, and the County Planning Board stated there is no significant county wide or community impact. Mayor Johnson confirmed the Council is in agreement to accept Part 1 of SEQRA as completed by the applicant. The Council was in unanimous agreement. Mayor Johnson read through Part II of the SEQR long form as follows with Council comment and agreement: Impact on Land: 1. Will the Proposed Action result in a physical change to the project site? Yes o Construction that will continue for more than 1 year or involve more than one phase or stage. Small to Moderate Impact o Other Impacts: The site currently zoned OMB-1 includes former Weathervane Restaurant and parking area; action would be zoned to tourist related business to allow for proposed hotel use. Substantial removal of vegetation. 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO 3. Will Proposed Action affect any water body designated as protected? (under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NO 4. Will Proposed Action affect any non-protected existing or new body of water? NO 5. Will Proposed Action affect surface or groundwater quality or quantity? NO o Other Impacts: Full stormwater management pollution preservation plan will be required for review by city engineer during any site plan application. 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? NO o Other Impacts: A full SWPP will be required for review by city engineer during any site plan application. Impact on Air 7. Will Proposed Action affect air quality? NO Impact on Plants and Animals 8. Will Proposed Action affect any threatened or endangered species? NO o Other Impacts: National Heritage Program notes Carna Blue and Fosted Elfin within the vicinity of the site. The LA Group site assessment notes no visible species habitat required for species on site. 9. Will Proposed Action substantially affect non-threatened or non-endangered species? NO Impact on Agricultural Land Resources: 10. Will Proposed Action affect agricultural land resources? NO Impact on Aesthetic Resources: 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B) YES o Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Small to Moderate Impact Page 8 of 19 City Council Meeting 12/03/13 o Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Small to Moderate Impact o Other Impacts: Site currently commercial in nature. Action will expand potential uses, gateway design overlay requirements, and required Design Review Commission review may mitigate some of the potential adverse visual impacts. Substantial removal of vegetation. Impact on Historic and Archaeological Resources 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? YES o Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Small to Moderate Impact o Other Impacts: Proximity to national landmark property, and DEC Tree Nursery, gateway design overlay requirements, and required Design Review commissioner review may mitigate some of the potential adverse visual impacts. Impact on Open Space and Recreation: 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Impact on Critical Environmental Areas 14. Will Proposed Action impact the exception or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.4(g)? NO Impact on Transportation: 15. Will there be an effect to existing transportation systems? YES o Alteration of present patterns of movement of people and/or goods. Small to Moderate Impact o Other Impacts: Recommend speed limit be examined in the area. Impact on Energy: 16. Will Proposed Action affect the community’s sources of fuel or energy supply? NO Noise and Odor Impact: 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO Impact on Public Health: 18. Will Proposed Action affect public health and safety? NO Impact on Growth and Character of Community or Neighborhood: 19. Will Proposed Action affect the character of the existing community? YES o Proposed action will conflict with officially adopted plans or goals. Small to Moderate Impact o Proposed action will cause a change in the density of land use. Small to Moderate Impact o Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Small to Moderate Impact o Proposed action will set an important precedent for future projects. Small to Moderate Impact o Proposed action will create or eliminate employment. Small to Moderate Impact o Other Impacts: Proposed hotel use not allowed per current zoning. A zoning amendment may have a presidential impact on future zoning of vacant/underutilized adjacent parcels. Commissioner Mathiesen stated is a value judgment if this is a small to moderate or a potential large impact. This is not currently included in our Comprehensive Plan for that part of the City. Page 9 of 19 City Council Meeting 12/03/13 There are ways of mitigating that such as wait for the Comprehensive Plan Committee finished their work. Also, the applicant can go plead their case to that committee. Mayor Johnson stated the Comprehensive Plan Committee is looking at this. We can put language in there that the Comprehensive Plan Committee is looking at the zoning allowable uses in the newly to be zoned area. 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO Commissioner Mathiesen confirmed ‘environmental impacts’ is meant broadly. Matt Dorsey, city attorney, stated the answer to Commissioner Mathiesen’s last question is general; everything discussed from question 1 – 20. Council unanimously agrees with the recommendations. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Mayor Johnson stated upon review of information recorded on this EAF, and considering both the magnitude and importance of each impact, it is reasonably determined by lead agency that: A. this project will not result in any large and important impact and therefore is one which will not have a significant impact on the environment and therefore, a negative declaration will be prepared. Mayor Johnson moved and Commissioner Scirocco seconded that the determination of negative declaration be accepted by the Council. Ayes – 4 Nays – 1 (Commissioner Mathiesen) Discussion and Vote: Proposed Zoning Map Amendment at 3368 South Broadway (Turf Hotels) (13-407) Kate Maynard stated the public hearing had been held at previous meeting. It will need to be closed to take a vote tonight. Mayor Johnson moved and Commissioner Madigan seconded to close the public hearing regarding this matter. Ayes – All Kate Maynard reminded the Council to look at the compatibility of this request with the Comprehensive Plan. Mayor Johnson moved and Commissioner Scirocco to adopt the proposed zoning map amendment as listed and described. Commissioner Madigan stated the Planning Board made its finding based upon a hotel being built on this parcel. Her issue is changing this to TRBD and the high intensity uses that could go along with this parcel. All advisory opinions came back that it is in compliance with the Comprehensive Plan although highly qualified. It sets some precedence. Someone needs to take on re-defining TRBD. Page 10 of 19 City Council Meeting 12/03/13 Kate Maynard advised that is something the Council can initiate. Commissioner Mathiesen stated he believes this is a perfect time to put this off and let the Planning Board do their work. Ayes – 4 Nays – 1 (Commissioner Mathiesen) Discussion and Vote: Amend the 2013 Capital Budget and Program for Bicycle/Pedestrian Accommodations on I-87 Exit 15 Bridge (13-408) Mayor Johnson stated the amount being requested is $125,000 toward the capital budget. Mayor Johnson moved and Commissioner Madigan seconded to approve the amendment as listed and described as well as the capital budget in the capital program. 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 Agreement with New York State Department of Transportation for Route 50 I-87 Sidewalk Project at Exit 15 (13-409) The resolution for this item is as follows: Requesting the New York State Department of Transportation to perform a highway or bridge betterment project pursuant to Highway Law §10(27) and appropriating fund therefore. WHEREAS, pursuant to Highway Law §10(27) the Commissioner of Transportation may (the “Commissioner”), upon the request of a municipality, perform for an at the expense of such municipality, any work of construction or reconstruction, including the re oval and relocation of facilities, provided the Commissioner deems it practicable to perform such work for such municipality in connection the performance of any work of construction, reconstruction or improvement under the Highway Law; and WHEREAS, the City of Saratoga Springs is municipality within the meaning of such section of the Highway Law (“Municipality”); and WHEREAS, pursuant to Highway Law §10(27) the Municipality, in connection with PIN 172223 Bridge replacement Project Rte 50 Over I87, wishes the New York State Department of Transportation (“NYSDOT”) to perform certain work described in SCHEDULE A (that described the “Betterment”) annexed to this resolution; and WHEREAS, there is a substantial public interest in and benefit to the performance of the Betterment, which will be part of the State or municipal highway system and will be available for use by the general public; and WHEREAS, NYSDOT has estimated the cost of the Betterment; and WHEREAS, in connection with the Betterment Agreement and no later than NYSDOT’s award of contracts inclusive of the work contemplated by such agreement, the Municipality shall deposit in escrow with the State Comptroller, subject to the draft or requisition of the Commissioner, the amount of the such cost estimate, to be expended by the State Comptroller on the costs of the Betterment so requested and approved or the return of the excess amount thereof, if any, to the Municipality; and WHEREAS, upon completion and payment of the costs of the Betterment the Commissioner shall determine the costs thereof to be borne by the Municipality, and any excess of the deposit shall be paid to the Municipality on the warrant of the State Comptroller on vouchers approved by the Commissioner; and, in the event such costs exceed the amount of the deposit, the Municipality shall within 90 days of the receipt of notice from the commissioner pay the amount of such deficiency to the State Comptroller; and NOW, THEREFORE, the City Council, duly convened does hereby RESOLVE, that the City Council hereby approves the above-subject Betterment; and be it FURTHER RESOLVED, the sum of $125,000 is hereby appropriated from ________ for deposit with the State Comptroller pursuant to a Betterment Agreement with NYSDOT and expenditure on the draft or requisition of NYSDOT for betterment project costs in accordance with Highway Law §10(27) and such Betterment Agreement; and be it FURTHER RESOLVED, that the City Council be and is hereby authorized to execute all necessary agreements or other instruments on behalf of the City of Saratoga Springs in connection with the advancement or funding of the Betterment; and be it FURTHER RESOLVED, that a certified copy of this resolution be filed with the State Comptroller and New York State Commissioner of Transportation by attaching it to the Betterment Agreement with NYSDOT, it being understood that upon completion of the Betterment by NYSDOT, NYSDOT shall transmit to this body a statement showing the actual costs and expenses of the Betterment and shall notify the fiscal officer of the amount due from or to be returned to the Municipality, as the case may be, and that any sum due to NYSDOT shall be paid by the Municipality within ninety (90) days after the date of transmittal of such statement, and the funds therefore shall be raised according to law and the terms of the Betterment Agreement, as applicable. Page 11 of 19 City Council Meeting 12/03/13 Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to enter into the agreement and approve the resolution as listed and described. Ayes - All Announcement: 2013 Community Development Block Grant Applications Kate Maynard stated applications are now being accepted. The total funding is approximately $300,000. Applications are due by January 31, 2014 by 4 p.m. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Springs Preservation Foundation for Grant-Funded East Side Historic District Properties Survey Update (13-410) Mayor Johnson stated the City is approved for a $10,248 grant from the State Historic Preservation Office. The City is proposing partnering with the Saratoga Springs Preservation Foundation to do this update. The total value of the work being performed is $13,684; the balance of $1,296 will come from the Preservation Foundation which can be met by in-kind services. The final balance of $2,140 comes from the City office of Planning and Economic Development or in-kind services. Budget line is A3618684 / 54737 / 8040. Mayor Johnson moved and Commissioner Mathiesen seconded to authorize the mayor to sign the contract as listed and described. Ayes - All Discussion and Vote: Re-appointment to City Center Authority (13-411) Mayor Johnson stated he is proposing the re-appointment of Roger Goldsmith to the City Center Authority for a 6 year term. His term expired this year and agreed to stay on. His new term will run through March 20, 2019. Mayor Johnson moved and Commissioner Mathiesen seconded to re-appoint Roger Goldsmith in that regard. Ayes – All Mayor Johnson thanked Roger for continuing to serve his community. Discussion and Vote: Amend the Previous Resolutions of the City Council Entitled “Resolution for Benefits for the Mayor and Commissioners” (14-412) Mayor Johnson stated he provided a resolution that would govern this vote. The resolution was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A RESOLUTION to amend previous resolutions of the City Council of Saratoga Springs, New York entitled “Resolution for Benefits for the Mayor and the Commissioners”. WHEREAS, on December 18, 1989, the City Council adopted a resolution entitled “Resolution for Benefits for the Mayor and Commissioner”, and said resolution established certain retirement and hospitalization benefits for the Mayor and Commissioners’ and WHEREAS, on December 6, 1993, the city Council amended the resolution of December 18, 1989, to add life insurance benefits; and WHEREAS, since passage of the aforementioned resolutions, the cost of health care insurance has increasingly become expensive, unsustainable, and fiscally burdensome to the City as a potentially lifelong benefit, at no cost, to members of the City Council; NOW THEREFORE BE IT RESOLVED AS FOLLOWS, the prior resolutions regarding retirement and benefits shall be amended as follows: Article I – Retirement The mayor and the four Commissioners shall be included under the New York Employee’s Retirement System. Article II – Hospitalization Page 12 of 19 City Council Meeting 12/03/13 The Mayor and Commissioners shall be entitled to participate in the individual or family health plan coverage of the City’s primary indemnity health insurance program as provided to the Civil Service Employees Association, Inc. (City Hall Employees), currently indentified as “MVP Co-Plan 25 HMO”. The City’s primary indemnity health insurance program may change from time to time. The City shall pay 100% of the cost of the program. For anyone not choosing coverage under the City’s primary indemnity health insurance program, there shall be no monetary payment for opting out of said coverage. Article III – Life Insurance Group term life insurance shall be provided to the Mayor and Commissioners in the amount provided to full-time members of the Civil Service Employees Association, Inc. (City Hall Employees). Article IV – Eligibility The benefits of these Articles shall only be provided to the Mayor and Commissioner who are actually in service on December 3, 2013, and those in service subsequent to December 3, 2013. This amendment shall be effective on the date of passage by the City Council. Those former City Council members currently receiving said benefits, previously authorized and approved, shall not be affected by this Resolution. Commissioner Mathiesen stated it is important for the public to understand that when someone leaves the Council they do not continue with the health care benefits. That was true in the past, true in the present and will be true in the future. Mayor Johnson stated the part taken out is the retirement benefit portion for hospitalization. Commissioner Mathiesen asked if they could grandfather in those who have been serving on the Council for a certain period of time. Mayor Johnson stated not in this proposal. He sees difficulty with that in where do you draw the line for that. When he learned of this when he took office, he was surprised it was the benefit. Commissioner Mathiesen suggested this be tabled until they get a chance to determine a fair way to deal with this. Commissioner Madigan agreed this should be tabled. She has a lot of issues with it and the Affordable Care Act needs to be integrated in it. Commissioner Franck stated he disagrees with this. The intent of this law was clear. The County also requires 10 consecutive years of service for this benefit. It is also clear you were here for 6 years and it wasn’t an issue until right before the election and then it became a big issue. Your main reason for the issue is union negotiations and it is clear to him that he won’t be negotiating anything in the next 4 weeks. In 25 years there have only been 2 people who qualified. He is going to vote no. Mayor Johnson stated contrary to what Commissioner Franck thinks this is not politics. He is doing a lot of clean up before he leaves office. Commissioner Franck stated this is politics and there are no union negotiations with 4 weeks left. Paying a percentage is different than taking a vested right away after the person has won the election. Mayor Johnson moved to approve the resolution as listed and described. No one seconded this motion. ACCOUNTS DEPARTMENT Discussion and Vote: Fleet Safety Policy (13-413) Commissioner Franck asked Marilyn Rivers to explain the changes made to this policy. Marilyn Rivers, Director of Risk and Safety advised statements have been added to the general section in the Fleet Safety Policy to reference DOT and OTETA. New definitions were also added and driver Page 13 of 19 City Council Meeting 12/03/13 qualifications and eligibility standards have been completed changed. The human resource administrator is going to be taking on the drug testing program in regard to CDL and OTETA. Commissioner Madigan thanked Marilyn for saving the City money. Commissioner Franck moved and Commissioner Madigan seconded to approve the Fleet Safety Policy as distributed with the agenda and described. 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 # 190.-2-7. (13-414) Ayes - All Commissioner Franck moved and Commissioner Madigan seconded for the City Council to settle the Article 7 case for parcel #190.-2-7. The negotiated assessed value for parcel #190.-2-7 for 2010 is $1,537,500 with an estimated tax refund of no more than $5,882.59; the negotiated assessed value for 2011 is $1,537,500 with an estimated tax refund of no more than $5,823.86; and the negotiated assessed value for 2012 will be $1,537,500 with an estimated tax refund of no more than $5,823.86. The total tax refund amount for all 3 years totals $17,530.31. (13-415) Ayes - All FINANCE DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign Agreement with Armory Associates (13-416) Commissioner Madigan stated this is a contract for our actuaries to complete the calculations required under GASB 45. Commissioner Madigan moved and Commissioner Franck seconded to authorize the mayor to sign the agreement with Armory Associates as distributed with the agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Agreement with Harris Beach (13-417) Commissioner Madigan advised this contract is for legal services in the event they need specialty advise working through the power purchase agreement in connection with the Spa Solar Park. This contract is capped at $20,000 and is on an as needed basis. Commissioner Madigan moved and Commissioner Franck seconded to authorize the mayor to sign the agreement with Harris Beach as distributed with the agenda. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Health Care Plan Rate Renewal (13-418) Commissioner Madigan this is the health care plan rate renewal for CDPHP. There is a 0% increase over 2013 and for unsettled PBA actives only. Commissioner Madigan moved and Commissioner Mathiesen seconded to authorize the mayor to sign the health care rate renewal and accompanied grandfather plan quote form as distributed. Page 14 of 19 City Council Meeting 12/03/13 Ayes - All Discussion and Vote: 2014 City Fees (13-419) Commissioner Madigan stated these fees have been provided by each department to the Finance Department. There is one typo to be corrected under the DPW fees. This change is the Casino fees should read 2014 instead of 2013; and 2015 proposed instead of 2014. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2014 City Fees as distributed with the agenda with an amendment to the DPW casino fees substituting 2014 for 2013 and 2015 proposed for 2014. Ayes - All Discussion and Vote: Capital Budget Amendment for Ballston Avenue Traffic Improvement Project (13- 420) Commissioner Franck recused himself and left the room for this item and the next. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the amendment to the 2013 capital budget amendment for the Ballston Avenue Traffic Improvement Project which was distributed with the agenda. Roll Call: Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson – Aye Discussion and Vote: Bond Resolution – Ballston Avenue Traffic Improvement Project (13-421) Commissioner Madigan stated the bond resolution is for $74,000 for the City’s portion of the new funds for the Ballston Avenue Traffic Improvement Project. This resolution authorizes the Commissioner of Finance to finance the project as needed. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 bond resolution for the Ballston Avenue Traffic Improvement Project as distributed with the agenda. Roll Call: Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson – Aye Discussion and Vote: Capital Budget Transfer for I-87 Exit 15 Bridge Bike/Pedestrian Path (13-422) Commissioner Madigan advised it is important to do this now while the bridge is being repaired. Commissioner Madigan moved and Commissioner Scirocco seconded for Council to approved the 2013 capital budget transfer for the I-87 Exit 15 bridge bike/pedestrian path which was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Page 15 of 19 City Council Meeting 12/03/13 Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Budget Transfers – Payroll (13-423) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (13-424) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – benefits which were distributed with the agenda. Ayes - All Discussion: Ratification of Proposed Collective Bargaining Agreement with the Fire Administrative Officers Unit (aka the “Fire Chief’s Unit”) Commissioner Madigan pulled this item. PUBLIC WORKS DEPARTMENT Discussion and Vote: Amend 2013 Capital Budget – Ballston Avenue Traffic Improvement Project (13- 425) Commissioner Franck recused himself and left the room. Commissioner Scirocco stated this is safety project upgrade to the reconstruction of Ballston Avenue. The total amount anticipated is 90% or $2,060,000 will be federally funded; $120,000 or just over 5% will be state funded; and $109,000 or just under 5% will be funded by the City. Commissioner Scirocco moved and Commissioner Mathiesen seconded to amend the 2013 capital budget in the amount of $876,000 for the Ballston Avenue Traffic Improvement Project. Roll Call: Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Authorization for the Mayor to Sign a Change Order for Mid-State Industries, LTD – City Hall Annex Roof & masonry Repairs (13-426) Commissioner Scirocco stated this is for repairs to the southeast corner. The southeast gravity vent will be rebuilt on the City Hall annex roof and install snow guards. The amount of the change order is $10,610.63 and funding is in line H3031492 / 52000 / 1141. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a change order to Mid-State Industries, Ltd in the amount of $10,610.63 for the City Hall annex roof and masonry repairs. Ayes – All Page 16 of 19 City Council Meeting 12/03/13 Discussion and Vote: Authorization for the Mayor to Sign a contract with Bunkoff General Contractors, Inc. – Canfield Casino First Floor Reinforcing & Basement Moisture Remediation (13-427) Commissioner Scirocco stated the amount of this contract is $479,000 for structural and geotechnical deficiencies; and sealing of the casino basement floor. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign a contract with Bunkoff General Contractors, Inc. in the amount of $479,000 for the Canfield Casino first floor reinforcing and basement moisture remediation. Funding is in line H3537112 / 52000 / 1165. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Contract with Stilsing Electric Inc. – Water Treatment Plant Generator (13-428) Commissioner Scirocco stated the amount is for $1,044,000. The project is anticipated to be completed by July 2014. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Stilsing Electric, Inc. for the Water Treatment Plant generator in the amount of $1,044,000. Funding is in line H3638332 / 52000 / 1139. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign a Lease Agreement with the Franklin Community Center (13-429) Commissioner Scirocco stated the lease agreement is in the amount of $1 per year. The agreement is from January 1, 2014 to December 31, 2019. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a lease agreement with Franklin Community Center. Ayes - All Discussion and Vote: Donations – 911 Sculpture at High Rock Park (13-430) Commissioner Scirocco stated the following donations were made for the High Rock Park: New Dimensions will be providing mulch and in-kind services in the amount of $2,953.77; Bob’s Trees is donating hydrangeas in the amount of $463.60; perennials from Ellithorpe’s Greenhouse in the amount of $457.50; $1,200 from the Saratoga Springs Fire Fighters Local 343; and $1,500 from the Saratoga Springs PBA. Commissioner Scirocco moved and Commissioner Franck seconded to accept the donations for landscaping material, in-kind service, and the financial donations for the 911 memorial at High Rock Park. Ayes - All PUBLIC SAFETY DEPARTMENT Page 17 of 19 City Council Meeting 12/03/13 Discussion and Vote: Authorization for Mayor to Sign Agreement with Art Breault, NYS Certified Instructor Coordinator for the Fire Department Training (13-431) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Art Breault to provide medical and emergency management education for the Fire Department. The agreement is in the amount of $26,750. Funding is in line A3143414 / 54471. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Hudson Valley Community College for EMT Paramedic Program (13-432) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Hudson Valley Community College for the EMT paramedic program. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Complus Data Innovations, Inc. (13- 433) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Complus Data Innovations, Inc. for the processing of parking tickets. This agreement will remain in affect from January 1, 2014 through December 31, 2016. Ayes - All Discussion and Vote: Amend Chapter 225 Article IX, Schedules, Sub-Section 225-81, Schedule XVI, Parking Prohibited at All Times (13-434) Commissioner Mathiesen moved and Commissioner Madigan seconded to amend Chapter 225 Article IX, Schedules, Sub-Section 225-81, Schedule XVI, Parking Prohibited at all times to add to the schedule on Church Street; the south side between Clinton Street and Woodlawn Avenue to be no parking. Ayes - All Discussion: General Schuyler Proposal Commissioner Mathiesen stated he met with Supervisors Yepsen, Wood, and Peck regarding proposals made by the mayor and deputy mayor and today they met with members of the General Schuyler Emergency Squad. They were able to get clarification on some things. It was determined by Chief Williams and the members of the squad that there wasn’t really an advantage to having them come to service the eastern plateau because the response times weren’t significantly different than ours. They did find there are ways of improving the mutual aid pact they have with them. They should be much higher on the list. Mayor Johnson clarified that he did not bring forward a plan for them to take over EMS on the plateau. He was suggesting he meet with them to better serve that portion of the City. Announcement: Marine Corp Toys for Tots Train and Wounded Warrior Helicopter on Sunday, December 8th at 9:25 a.m. Commissioner Mathiesen announced that the Marine Corp Toys for Tots train and the Wounded Warrior helicopter will be arriving on December 8th around 9:25 a.m. Page 18 of 19 City Council Meeting 12/03/13 SUPERVISORS Joanne Yepsen County Racing Committee 2014 Supervisor Yepsen reported the Committee met yesterday. There was a public hearing in NYC yesterday. The Chamber is sponsoring an event on December 16th to gather more information. County Budget Public Hearing Supervisor Yepsen stated the vote on the County budget will be taken on December 11th. Today was the public hearing in which no one from the public spoke. The 2014 tax rate is being proposed at 2.28 per 1,000. Vietnam Commemorative Committee: Appointees and First Committee Meeting Supervisor Yepsen stated the first meeting has been set for December 12th. Matthew Veitch Update: Racing Committee Supervisor Veitch reported stated the main focus at this Committee was the discussion on the casino gambling issue. The County committee did not cancel their vote on supporting a casino site; they delayed any action they would take. Update: Technology Committee Supervisor Veitch stated the time and attendance system is being implemented. The County’s website will be updated before the end of the year. Update: 2014 County Budget Supervisor Veitch reported the public hearing was held today. No one spoke. 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 10:23 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 1/21/14 Vote: 5 - 0 Page 19 of 19