City Council

City Council Meeting Minutes Tuesday, August 21, 2001 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 21, 2001 Present: Mayor Kenneth Klotz Commissioner Of Finance, Michael Lenz Commissioner Of Public Works, Thomas McTygue Commissioner Of Public Safety, Thomas Curley Commissioner Of Accounts, Bernard Mirling Staff Present: City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Robert King Deputy Commissioner Carol Kennedy Also Present: Supervisor Phil Klein Supervisor Anthony Scirocco Call To Order: Mayor Kenneth Klotz called the meeting to order at 7 pm. MAYOR’S DEPARTMENT Award NYCOM Certificates of Public Service Mayor Klotz announced that the New York Council of Mayors has a program to honor city employees with extensive years of service in cities throughout New York State. He said NYCOM prepared certificates to honor City employees with twenty-five or more years of service, and these certificates are given out in increments of five years, starting with twenty-five years of service. Mayor Klotz said he is proud of the dedication of these employees. He announced the following city employees with at least twenty-five years of service: John Arpei Doris Dyer Edward Moore Michael Biffer Dave Hammond Fran Murphy Larry Castell Joseph Jazwinski Skip Sciroocco Robert Cogan John King John Shaw William Crandall Genaro Lambert Russ Terpening Keith DeGrechie James Linn Robert Wilson Employees honored for thirty or more years of service are: Michael Biss Bob Flanagan Bill O’Donnell Joann Clark Bill Jewett Gary Perkins Jim Cornick Kenneth King Jim Riley JackDejnozka Michael Kyne Michael Salisbury The City Council acknowledged congratulations to all of these employees. 1 City Council Meeting Minutes Tuesday, August 21, 2001 Acknowledge Exceptional Performance: Sheila Brooks and Gloria Battaglini Mayor Klotz said that since service to the City is being acknowledged, he wanted to move ahead to the ninth item on his agenda because it fits. He said he wanted to acknowledge exceptional performance in the Accounts Department. He explained that as Mayor he has the option to perform marriage ceremonies. He was asked by a particular couple to perform a marriage in September, and they were having the service on Saturday and had tickets to leave the country on Sunday to go abroad where they are going to live. They could not wait to have their marriage certificate filed after the marriage the following Monday. Sheila Brooks offered, as is commonly done in the accounts department, to come in early Sunday morning to record the marriage certificate so they could get off to their home in England. Mayor Klotz said that although it may be a small thing, it struck him as something that is really typical of the kind of service that is provided by City employees and he wanted the public to be aware of it. He also wanted to mention it in the context of the people who have served this City for twenty-five to thirty-five years. It is something that is often taken for granted, but is really appreciated. The Mayor withdrew agenda items number two (2) Appointments, and number three (3), the approval of the animal shelter agreement. Approve Recreation Department Contracts (01-136) Linda Terricola explained that these contracts are for the Biddy Basketball and Lacrosse programs that run from October 2001 through March 2002. The contracts are for the Wilton facility use at $35.00 per hour, the school at $25.00 per hour and the Saratoga Y at $10.00 per hour. This is a routine procedure that is done every year. Mayor Klotz asked if there are any changes from last year. Linda Terricola said that the hourly rate for the Wilton facility has increased ten dollars per hour. Mayor Klotz asked if the Recreation Commission has approved these contracts and Linda Terricola said that they had. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve these contracts at the hourly rates presented. Ayes all. Approve Payment to Niagara Mohawk for 1999 Construction Project (01-137) The Mayor said this item concerns a portion of the South Broadway project, which was done by Niagara Mohawk in 1999. He said this project was funded by Assemblyman Robert D’Andrea’s office and the funds were conveyed to the City back then and put in the capital budget. He explained that the bill was not sent to the City until the year 2000, and there were some questions about the bill that could not be resolved immediately. He said that the 1999 City Council had drawn on some of this money for other approved projects. The Mayor explained that the bill is for $174,000 for services performed and since the City had the money from the state at the time of approval, what needs to be done is that the money must be transferred from the fund balance to the capital register. Mayor Klotz moved and Commissioner Bernard Mirling seconded to approve the transfer of funds from the fund balance to the capital register, and for the payment of the invoice to Niagara Mohawk. Ayes all 2 City Council Meeting Minutes Tuesday, August 21, 2001 Approve Emergency City Hall Structural Repairs (01-138) Mayor Klotz asked City Engineer Paul Male to explain the need and location for these repairs. Mayor Klotz the cost of these repairs were considered last year when preparing the 2001 capital budget, but it was thought that they could be put off until the 2002 budget. However, a recent engineering report indicated that these repairs are urgent and should be done this year. Paul Male said that his office had representatives of the Ryan Biggs structural engineering firm look at the northeast end of the building where the Engineering Department is located. He said that the area currently loaded with files and map files currently bears a significant weight load. This area is over the Police Department, which sits over the boilers. There are cracks in the ceiling beams of the basement under this area and the beams are not sufficient to bear the weight load. Ryan Biggs Engineers said that structural repairs to this area should be done soon. Paul Male said that in the Police Department, there is a noticeable three to four inch dip in the floor of the corridor leading toward the jail due to the stress on the beams in this area. This work will involve unloading the files and moving them out of this area for the period of time that the work is being done in the basement. Paul Male said that he circulated a memo that explained and described the work that is to be done. Commissioner Lenz asked about the cost of this project. Mayor Klotz said that in the memo the costs were divided into a number of categories, but he wanted to address only the amount necessary for the emergency repairs at this time. Paul Male said that the cost of the structural repairs would be about $40,000 and the cost of moving the files out of the area is estimated at $10,000. Mayor Klotz asked Paul Male if he wanted to include a 10% buffer figure in the amount approved by City Council in case the project ran over the original estimate. Paul Male said he would like to throw in a ten-percent contingency amount, bringing the cost of the project to $55,000. Commissioner Thomas McTygue asked if Public Works employees could move the files instead of spending ten thousand dollars for an outside agency to move them. Paul Male explained that there is a high volume of files, about 100 drawers, and it involves a lot of work because everything has to come out of that area. Commissioner McTygue asked where in the hall the files were going to be stored. Mayor Klotz said that it would be great to get the files moved more cheaply but it comes down to a question of timing. Commissioner McTygue asked Paul Male about structural work to be done on the Casino. City Engineer Paul Male responded that plans are being drawn up and Ryan Biggs has submitted the specs, so that package should be ready to go to bid within the next week.. Paul Male said that the bid package for the structural repairs to the Engineering Office is ready to be sent out. Commissioner McTygue said he thinks it is interesting that the bid package for this structural project is ready to be sent out and the Casino project, which has been discussed for over a year has not. Paul Male said that the structural project in the Engineering Office has been in consideration for fifteen months. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve up to $55,000 to complete these emergency structural repairs in City Hall. Ayes all 3 City Council Meeting Minutes Tuesday, August 21, 2001 Report: SLIPD Funding Request Mayor Klotz said that at the appearance of Dr. Ed Dwek of the Saratoga Lake Improvement and Protection District at the last council meeting, it was suggested that he seek the larger portion of his budget from Saratoga County rather than an equal portion from the City of Saratoga Springs. He said the City Council was also concerned with the indication that there was a large item on the expense side for professional services regarding a prospective lawsuit against the City. Mayor Klotz said that he asked Dr. Dwek at the time whether SLIPID would consider language in the contract that would reimburse the City for any legal expenses that the City would incur as a result of any lawsuit from them. He took that back to his Board and they have indicated that they would agree conceptually to this. At Dr. Dwek’s request, Mayor Klotz has asked the City Attorney to draw up language for a contract that would allow for contribution from the City for the weed eradication program with a clause included that states that if a lawsuit occurs, SLIPD will reimburse the City for the cost of litigation. There is also language indicating the desire of both groups to cooperate and communicate and try to resolve issues that are of a mutual concern to every one’s satisfaction. Approve Mayor’s Office Upgrades Mayor Klotz said that these upgrades have been under discussion for over a year. He explained that the upgrades are included in his 2001 budget, but he has not been able to get City Council approval. He said that there has been extensive discussion regarding these upgrades, and the ones being proposed tonight are not the entire package that was originally proposed. Mayor Klotz said he is proposing the following positions to be upgraded: City Planner, the Building Inspector, the Community Development Director; and the Assistant Building Inspector. All of these upgrades are necessary to hit the salary level required for the additional hours they have been asked to work as part of their contract rather than having to hire additional staff. Mayor Klotz announced two other upgrades that are recommended by these individuals’ supervisors including the Legal Office Coordinator and the Community Development Coordinator. The Mayor said the City Council has had the opportunity to discuss these upgrades in Executive Session and he has had the money in his budget since the beginning of the year. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve these staff upgrades as presented. Commissioner McTygue said that the City Council is ready to approve the CSEA contract, which is a substantial amount of money, about $125,000. He said that the discussion was that the City Council was going to bring someone in from the outside to review and evaluate all jobs and salaries in City Hall. He said he will oppose these upgrades and the ones that Commissioner Curley is presenting tonight. Commissioner McTygue said he is not opposed to people getting increases, but he said it would be more fair to review all the jobs and salaries of City Hall employees rather than do selective upgrading. He said that the contract includes a three percent increase plus other increases, and some of the upgrades include a 7 to 15% increase. He said he does not know how this conflicts with the language of the City Hall contract since that contract calls for these 4 City Council Meeting Minutes Tuesday, August 21, 2001 employees to work a 33 hour week, and it does not reflect being able to move these employees to 40 hours per week. He said that changing hours of employees it is a contractual item. He said that there is language in the contract that needs to be dealt with in reference to changing the amount of hours an employee is required to work.. Commissioner McTygue said he would prefer that someone come in and do a complete evaluation instead of increasing twelve City Hall employees well over three percent that is proposed in the CSEA contract. Commissioner Lenz asked Commissioner Mirling about the contract with Escot. Commissioner Mirling said he is going to withdraw that item from tonight’s agenda because Mr. Escot needed more information in order to give a better estimate of cost and procedure before it is brought before the City Council. Commissioner Mirling explained that this procedure is to be a review of present City salary schedules, and the work will take about 90 days to complete and will begin right after Labor Day. They want to ascertain how large this project is going to be so they can be sure that the estimated costs are realistic. Mayor Klotz asked if this project is what Commissioner McTygue was referring to. Commissioner Mirling responded that it is what Commissioner McTygue was talking about. He said it is a review of city salary schedules that will determine whether jobs are classified correctly, and whether the same skill levels and qualifications and responsibilities would result in the same pay from job to job and department to department. Commissioner Lenz said that he would not support these or Commissioner Curley’s upgrades for essentially the same reasons as Commissioner McTygue gave. He asked if the upgrades are retroactive to January 1. Mayor Klotz said that the ones for the City Planner, the Legal Office Coordinator and the Community Development Coordinator will be retroactive to January 1, and this is in the budget. He explained that the Building Inspector, the Assistant Building Inspector and the Executive Director of Community Development have been working overtime and paid for that overtime, so there will be no need to pay them retroactively. He said that this upgrade and change would become a permanent part of their job requirements rather than paying them overtime. Commissioner Lenz said that there might be some difficulty determining how the 40 hours will be compensated retroactively because they will have to go back and verify time sheets. He said this will involve extensive work. Mayor Klotz said that is the case with the City Planner, but the other two do not involve additional hours, they are routine upgrades. Commissioner Mirling asked about the raises that are due to shifts in hours. Mayor Klotz explained that they are grade changes that result in an increase in total pay to accommodate an increase in hours. Commissioner Mirling said that Commissioner McTygue raised a question about contract language and the shifts in hours, and the grade changes. Commissioner Mirling said the last time the City Council spoke on this issue, the labor attorney was going to be contacted pertaining to these upgrades. Mayor Klotz asked the labor attorney John Poklemba to the microphone to address the question as to the legality of the proposed upgrades. Mr. Poklemba said that the change in hours would have to be negotiated. Mayor Klotz asked if changing those hours would result in a change in the contract, even thought he Union has agreed to this, but it will mean an 5 City Council Meeting Minutes Tuesday, August 21, 2001 additional step in amending the contract. Commissioner Lenz asked if the Union had agreed to the CSEA contract that is on the agenda this evening. Mr. Poklemba said that the CSEA has agreed to what was submitted to the City Council at the last executive session, with one change. Commissioner McTygue said that it is his understanding that the CSEA contract has to be brought back to the CSEA membership for approval. Mr. Poklemba said that any changes in the hours of employment must be negotiated with the Union because it is a change in the terms of the agreement. Commissioner McTygue said in that case there is no reason for the City Council to act on the CSEA contract tonight. Mr. Poklemba said that upgrades themselves do not have to be negotiated, and according to past practice they have not been negotiated. Mr. Poklemba said that as the result of the last executive session, there is a proposal on the table tonight that the City Council had asked him to cost out and return to the City Council. However, he has not heard back from the Council whether it was acceptable or not. He said that after he does hear back from the City Council, he will draft a Memorandum of Understanding, which will be presented to the City Council and to the CSEA, and the Union will then have to have a vote of its rank and file for ratification. Mr. Poklemba said that it is the exact same process that was done with the Department of Public Works labor contract. Mayor Klotz said that if the City Council approves the upgrades tonight, they will have to go back to the Union for their agreement to amend the contract for the additional hours. Commissioner McTygue said that this is putting the cart before the horse if the council is going to approve the CSEA contract, then go back to the Union to renegotiate when it should have been part of the union contract in the first place, since that is where it is ending up –in the union negotiation process. John Poklemba said that it was originally part of the negotiations, as was the Union’s list. Commissioner Mirling said he would like to comment pertaining to the four positions, that the department has been over extended with people there working extra hours and he thinks it is perfectly reasonable for these employees to be working forty hours if that is something they are willing to do and be paid extra for it. He said given the complications and how it ties into the contract the City Council needs to go back to the labor attorney and be sure all the language is in the contract so that all the City Council needs to do is approve the contract. He said that he is going to vote no at this point with the recognition that this is something that needs to be done, it’s just the wrong way to do it. Mayor Klotz asked if Commissioner Mirling was suggesting that the City Council not vote on the CSEA contract to night. Commissioner Mirling said that if there are issues outstanding, those issues need to be resolved before the contract is voted on. Commissioner Curley asked about his upgrades, whether the council should discuss them now or wait until his agenda to discuss them. He explained that his upgrades are in his budget and are straight grade changes that do not contain or reflect contractual elements. Discussion followed as to whether these upgrades should influence the contract vote or not, and whether they should be addressed tonight. Kevin Veitch, President of the CSEA local 846 City Hall Unit said he might be able to clear up some of the aforementioned issues. Mr. Veitch said that the items under 6 City Council Meeting Minutes Tuesday, August 21, 2001 discussion now were brought to the negotiation table and while they were under consideration, they were pulled off the table by management. He explained that those items were conceptually agreed to. When Mr. Poklemba left the table, the committee gave him their blessing on the concept of doing those changes on the hourly rate for the increase in hours for those staffers. At any time, during the contracts any of the commissioners can come to the Union and if they want to make a change in hours for on any of the positions, it can be discussed and negotiated. It is the same concept as when a council member wants to upgrade an employee in the middle of a contract, they contact the Union and the Union decides to agree to the change. Mr. Veitch said the Union wants to see salary increases. However, the concept with the increase in hours necessitates a grade and step change to keep their salaries from decreasing with the increase in hours. John Poklemba said that the grades and steps are listed in the contract so the contract would have to be amended to include these. He explained that the difference is that unless there is a change in the conditions of employment such as the hours, it does not have to be negotiated, it is just automatically included as part of the schedule that is attached to the contract. He suggested that the contract be discussed again in executive session to make sure that the City Council agrees with the main items of the contract, and then he will put together a Memorandum of Understanding. Mayor Klotz said that the council’s options would be to delay all of this and make amendments to the contract, which would cause a delay in approving the contract. He said that another option is to vote on the contract as is, and if the upgrades are approved, going back and negotiating those accordingly with the understanding that conceptually the Union is amenable to these changes. Commissioner Curley volunteered the executive session on his agenda for discussion of all the upgrades and the CSEA contract. Mayor Klotz withdrew his current motion to see if the issues could be resolved in Executive Session. Kevin Veitch said that this contract has been in negotiations for eight months now and a lot of people are waiting for it to be settled. He said people are depending on the City Council to resolve this in a timely manner. He said that the Union wants the details taken care of without any loose ends. Commissioner McTygue said that he sees no reason why the City Council can’t approve the contract since it is conceptually agreed upon already. Kevin Veitch said he agrees because the issues under dispute are not part of the contract. Discussion: Spring Run Trail Mayor Klotz called upon City Engineer Paul Male regarding this issue. Mayor Klotz said that Paul Male brought to his attention the fact that the plans for the Spring Run Trail are now resulting in higher potential costs than anticipated. Mr. Male explained that this project started a number of years ago with a committee consisting of the City Engineer, a representative from Open Space, Bill McTygue, Jeff Wait, and other members of the community and they went through a selection process and recommended hiring a consultant.. The consultant has taken the initial step of preparing a cost proposal for the project. These costs are higher than anticipated. The committee is waiting for paperwork from the State before officially hiring the consultant and making a formal 7 City Council Meeting Minutes Tuesday, August 21, 2001 recommendation to the City Council. Mayor Klotz asked if this is money that the City is expecting from Niagara Mohawk as part of their agreement to clean up their property that is also matched by a state grant. Paul Male said that this is true, it is a 50% match, in the range of about $350,000. The City’s money comes from sales of property and contributions from Niagara Mohawk. Mayor Klotz said that the original expectation was that there was enough money to complete the entire project, but the problem now is with the costs that are being suggested are higher than expected. The consultant pulled out some alternative items including benches and signage, which if the council wants them included in the project, it will have to be determined how they will be funded, and if not they will probably be deleted from the project. Approve CSEA Contract Mayor Klotz said he was temporarily withdrawing the CSEA contract approval from his agenda to discuss it in Executive Session. ACCOUNTS DEPARTMENT Approval of the July 17 Meeting Minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the minutes of the July 17, 2001 City Council Meeting. Ayes all Confirmation of Previous Approval by Memo of the 2001 Assessment Roll (see attached) (01-139) Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded for confirmation of approval by memo of the 2001 Assessment Roll. The total taxable value is one billion, four hundred fifty three million, one hundred ninety five thousand, and eight hundred and sixteen dollars. ($1,453,195,816) Commissioner Mirling said that this represents an increase of thirty seven million three hundred twenty one thousand four hundred and forty three dollars ($37,321,443) which equates to an increase of tax revenue to the City of approximately $200,000. A copy of the synopsis of this roll will be attached to the minutes. Commissioner Michael Lenz asked if the percentage increase was around 2.6 or 2.7%, and Commissioner Mirling acknowledged that this is true. Ayes all Discussion: Fiscal Analysis Presentation by John Behan John Behan and Associates presented the fiscal analysis they were asked to prepare of land use patterns of the City, including types of development and conservation. Mr. Behan said that a fiscal impact analysis of this nature predicts the public cost and revenues associated with residential and commercial growth and it projects the relative impact on future property taxes using different development scenarios. He said that assessments, overall taxable values, depend on the types of land use there is, the percentage of commercial properties, the percentage of residential properties and the percentage of conservation areas. He said that the City Council could use this information in the future to help make appropriate land use decisions and other the decisions 8 City Council Meeting Minutes Tuesday, August 21, 2001 regarding capital projects. He explained that the work on this project clarified the financial costs and benefits of protecting open space to the tax payers of Saratoga Springs. He said that the project clarified the fiscal costs and benefits of various levels of residential and commercial development to the taxpayers of Saratoga Springs, and it established a template for multi-year fiscal model for the City to manage its planning. John Behan explained that initially he held a kick-off meeting with representatives from City Departments and collaborated with City Schools to acquire the pertinent data necessary for this project. Looking at this data, his firm developed three scenarios for comparison use. He listed the three scenarios as 1) a high development scenario, which emphasizes growth without significant emphasis on conservation, with little land set aside for open space. 2) A moderate development scenario with moderate conservation, which is a balance between the high development and scenario 3), which is high conservation scenario. He said that the comparison found that the moderate scenario generated the same costs to taxpayers as high development scenario, but the high conservation scenario proved to be more costly to the taxpayer. Mr. Behan said that in conclusion, the City can guide future development and land conservation patterns to help control future tax burdens. A balanced program of development and conservation is fiscally sound, and the model that has been developed is flexible and adaptable to accommodate future planning needs and future capital projects. Lawrence Howard said that this model is flexible and is in a data base program, and he demonstrated its ease of use, and the manner in which their collected data was applied within the model. He said that the computerized model can be customized to the City’s Comprehensive Plan. Mayor Klotz said that it looked like every scenario will cause increase expenses to the City and the scenarios do not differ that much. John Behan responded that part of the reason for this is that the City has a sizeable tax base so potentially the changes within the model are incremental. Commissioner Lenz commented that within each scenario on the model, the impact seems to be larger upon the school tax than on the City tax, which seems to decrease. John Behan said that essentially the high development scenario would bring more money into the City budget but would have an adverse effect on the School taxes, and the graduated mix of commercial and residential affects that outcome accordingly. Commissioner Lenz asked that looking at these three different scenarios, does adoption of the City’s revised comprehensive plan equate more to a moderate development model or is it closer to a high conservation scenario. John Behan said that the Comprehensive Plan has yet to be fully implemented, but it seems to more closely resemble the moderate development scenario because it calls for continued development within the City with a concentrated effort to recognize and conserve open space resources. He said that it would be more evident when the zoning changes have been made and this software will be helpful once the zoning changes are implemented because it can be customized to the Comprehensive Plan. 9 City Council Meeting Minutes Tuesday, August 21, 2001 Commissioner Mirling said that the Comprehensive Plan to a substantial impact does not change the number of units that can be developed from what the prior zoning was. He explained that what has changed is the addition of some clustering and mandatory two acre zoning requirements; development has not been significantly reduced in the plan. He said that scenario three refers to substantial conservation of land and is hypothetical and not a reality; it is not part of City’s Comprehensive Plan. Commissioner Mirling said that the primary concern of the City Council and the residents is the fiscal impact of the City’s Comprehensive Plan, which involves minimal changes in number of residential units and minimal impact. He said that the other piece is the Bond Act, which is, in the report, about borrowing 12 million dollars depending upon whether easements are purchased or the cost of land that is purchased, and taking some money from the tax rolls. He said however, in reality, it is about a five million-dollar bond act so we would be removing less property from the tax rolls than is indicated in the Moderate Development scenario. He said that so using the model and modifying the numbers will show that the moderate development scenario in the Comprehensive Plan would work even better than the one in the report in terms of decreasing the fiscal impact on the tax payers. Commissioner Michael Lenz said that it looks like a lot of the data is based on acreage, and not upon the number of units that can be developed upon the acreage. John Behan said the unit of the acre is universal to land measurement, so it was a good data variable to use. It is a variable that can be adjusted to higher, moderate or lower density housing. The yield of housing units is the same in terms of the results of the model. Discussion ensued regarding the use of acreage units, and the different ways in which the model can be manipulated using different variables in data, including different ways to acquisition land for conservation. Commissioner Lenz said that this report and the model will help inform the City Council and help with their decisions regarding land use and development. There is a finite amount of land available so the City must deal with it correctly and use it wisely. Mayor Klotz said that the study is very helpful and it shows precisely that balance that the City has been looking for and what the Comprehensive Plan Committee was trying to do and what they achieved, to create a balance in development which is what John Behan’s report has illustrated. Approval for the Mayor to Sign a Contract with Lewis & Greer, Esq. (01-140) Commissioner Bernard Mirling moved and Mayor Klotz seconded for the City Council to approve and permit the Mayor to sign a contract with the law firm of Lewis & Greer to help with Certiorari issues with Niagara Mohawk. Commissioner Mirling explained that this is a very complex case and there are very few people specializing in public utility certioraris. He said that the City needs the kind of expertise that Lewis & Greer bring to this case. They are going to work with the City as advisors as this case evolves. Mayor Klotz asked is Niagara Mohawk was still pushing these lawsuits as aggressively all over the State. Commissioner Mirling responded that Niagara Mohawk has been very open during the meetings and both sides would like to reach a reasonable agreement. He said that this case might not have to go to trial, but basic and clear information needs to be established before they can engage in any kind of 10 City Council Meeting Minutes Tuesday, August 21, 2001 negotiations for settlement or trial. He said that this is the first step in making sure that the City has accurate, comprehensive information prior to moving forward. Commissioner Mirling said that the two meetings so far with Niagara Mohawk representatives have been very cordial, and the City is not going into this situation in an antagonistic manner, but it is necessary to have accurate information in order to proceed effectively. Commissioner Lenz asked about the amount of money for the contract with Lewis & Greer. Commissioner Mirling said that they charge $150 per hour and the total cost is estimated to be between three and five thousand dollars which is in the Accounts budget. Ayes all Set Public Hearing to Amend the City Code Chapter 228 (Vessels & Waters) Commissioner Bernard Mirling requests that a public hearing be held to discuss amending the City Code Chapter 228 (Vessels & Waters). He asked Assistant City Attorney Tony Izzo to explain this proposed change. Tony Izzo said that the proposal is a direct result of a recent amendment that the New York State legislature made to the section 46 of the navigation law that allows municipalities to establish water vessel regulation zones for certain types of specialized watercraft. He said that it is his understanding that proponents of such a law approached Commissioner Mirling and asked him to bring this issue to the table for discussion. The draft ordinance defines personal watercraft and specialty prop craft. These craft can be regulated by a municipality on bodies of water within a specific jurisdiction or they can be prohibited entirely. The only requirement is to set a public hearing, but by law the City has to allow at least thirty days before the public hearing and the announcement of the public hearing must be published in two newspapers. Commissioner Curley asked what type of craft is being referred to. Tony Izzo responded that the definitions are personal watercraft and specialty crop craft, which are from the navigation law. He said that personal watercraft are things like jet skis. Commissioner Curley asked how this ordinance fits in with the newly adopted ordinance mandating the five-mile per hour speed limit. Tony Izzo said that the only City Ordinance pertaining to Saratoga Lake at this time is the one that sets that five-mile per hour speed limit. This statute will set up a regulation zone within which the City can actually regulate or prohibit, pursuant to signage, a particular type of personal or crop watercraft. Commissioner Curley asked if these vehicles would also be inclusive in the language of the five-mile per hour ordinance. Assistant City Attorney Izzo said that the City could prohibit the vessels all together regardless of speed. The public hearing is set for October 2 at 6:45 pm. Supervisor Phil Klein was wondering if this ordinance change has been discussed with representatives from the Town of Saratoga. He suggested that the Assistant City Attorney meet with representatives of the Town of Saratoga so that each jurisdiction does not set two different speed limits or two different ordinances, since the rules should be compatible with each other. This way if they are offered the opportunity, they will be able to make modifications to their laws that will be compatible with our ordinance. Mayor Klotz asked Tony Izzo to be sure that Supervisor Phil Klein receives a copy of the draft ordinance. 11 City Council Meeting Minutes Tuesday, August 21, 2001 FINANCE DEPARTMENT Appearance: Civil Service Commissioner Carol Catone Carol Catone said she has come before the City Council tonight on behalf of the Civil Service Commission to explain to the council that the Civil Service Commission wants to make the Saratoga Springs Civil Service Office a full time office beginning January 1, 2002. She said that over the years there has been an increased need for the office to be open longer in order to service the City and School District residents. She explained that the impact it would have would be budgetary because the hours of the Executive Secretary would be increased and the hours of the Senior Clerk would also be increased from part time to full time. Carol Catone said that the Commission wants the City Council to consider this proposal and the hourly changes will be included for consideration in the 2002 budget. She said the salary of the Executive Secretary would be $30,000 per year and that of the Senior Clerk would $24,000. She said that these salaries are in line with other similar or identical titles that now exist in City Hall, which is how the commission arrived at those amounts. She explained that currently the hours spent monitoring exams are compensated by overtime or compensatory time, and the increase in hours would take those two factors out of the equation because the salaries would cover the exam times. Commissioner McTygue asked if the School System is going to match the amount that the City will contribute toward the operation of this office. Carol Catone said, “Yes” that the school district pays a little over half the budget and they expect to pay half the increase. She said that Mrs. Berrigan has already spoken with Karen Stanley of the Saratoga Springs School District and they are prepared to accommodate their budget to meet these anticipated changes. Mrs. Catone said if any of the City Council members have any further questions, they can contact her or Executive Secretary Patsy Berrigan. Approve Payrolls Commissioner Michael Lenz moved and Commissioner Bernard Merling seconded to approve the payroll for 8/10/01 in the amount of $ 338,529.98 and for 8/17/01 in the amount of $ 342,972.62. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 2AUG01 – Warrant 2 – 33 General Fund $ 190,788.86 City Center Authority 3,874.50 Water Fund 12,130.03 Sewer Fund 1,231.90 Capital Projects Fund 15,376.52 12 City Council Meeting Minutes Tuesday, August 21, 2001 Special Assessment District 2,785.00 Trust Fund -0- Debt Service -0- Community Development 35,017.37 Total Warrant $ 261,254.18 Ayes all MC010815 – WARRANT 2 – 6 General Fund $ 16,293.55 City Center Authority 196.67 Water Fund 808.74 Sewer Fund 794.45 Capital Project 1,002.00 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 1,380.77 Total Warrant $ 20,476.18 Ayes all Approve Budget Amendments (See Attached) Commissioner Lenz said he was going to seek approval for the budget amendments as distributed, but he received a call from Denise McDonald, Director of the Urban Heritage Area Program who asked him to delete lines one and two which is an Urban Heritage Area Program budget amendment in the amount of $408.23. Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as amended. Ayes all Approve Budget Transfers (see attached) Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as distributed. Mayor Klotz mentioned that former Mayor Riley used to ask if there is anything unusual in those transfers, and he said he would like to start routinely asking that same question. Commissioner Lenz replied that there is nothing unusual in those transfers to his knowledge. Ayes all Report: June 30,2001 Financial Report Commissioner Lenz asked to take his agenda items number 6 and number 8 and move them together as two consecutive items. He called upon Deputy Commissioner of Finance Christine Gillmett-Brown to give the financial report. Christine said they took major revenues and compared that within the past two years. Things are going well but she cautioned the council not to get too excited because on July 18th the Sales Tax distribution received from the County is 6% lower than last year. The expenditures are 13 City Council Meeting Minutes Tuesday, August 21, 2001 less than 50% of the entire amended budget. Doing annualized projections, the City is spending about 3% faster this year than last year. She cautioned the council to be cautious. She said that in April the New York State Retirement System sent a notice saying that the annual employer contribution for the year 2001 might be 1.5% higher than that of the year 2000.A second letter said that the actual increase the City will have to pay is .3%. The estimated bill was received earlier this week, and there is enough money in the budget to cover the estimated bill. She said that earlier this year Commissioner McTygue discussed the impact of increased utility services on his budget and that he will need additional money to cover these additional increases. She explained that these are the kind of situations that cannot be anticipated but they can have a negative impact on the overall financial position of the City. She said that items such as this need to be brought to the attention of the City Council as soon as possible so that they can be addressed effectively and properly plan for. She said this leads into the Surplus Allocation section of the chart which shows that on January 1, 2001 the City had a 4.4 million-dollar surplus, from which the City has now spent $400,000 on items that were not budgeted for or not anticipated. Christine Gillmett-Brown cautioned that the City is only halfway through the fiscal year as of this report, so the council needs to think about how much money is being spent from the surplus. Mayor Kenneth Klotz said that it was mentioned that the recent sales tax payment from the County is about 6% lower than last year, so what is the aggregate amount of sales tax. Commissioner Lenz replied that it is about $150,000 up from last year as compared to previous years. Mayor Klotz said that the City budgeted up from last year in anticipation of last year. The payment of the sales tax was received in July and covers May and June, a one month period of time. Mayor Klotz asked about the last sheet. He said that the City still has in addition to the unreserved fund balance listed, about one million dollars that is reserved only for the purchase of property. This money is from the purchase of the City Center and is for the purchase of property as well as for improvements of City facilities. Mayor Klotz said that the City Council is headed soon into the budget sequence. He said he wants all of the commissioners to be thinking about their capital needs for the years 2002 and the five years following. Discussion: December 31, 2000 Financial Statements: Christine Gillmett Brown gave the financial report for December 31, 2000. She said that the report was distributed on Friday July 27, 2001. There were no major significant changes only some adjustments that were proposed by the auditors, mostly relating to allowances for non-collectable receivables. This contributed, along with the new computer system, to some policy changes made by the Finance Office pertaining to parking tickets and taxes. The changes make for a more conservative estimate within the City’s financial statements and present things in a better light. For example this year the City estimated parking tickets that are presumed to be non-collectible. These go back to the eighties on the books. Christine Gillmett Brown said that the single audit report was also distributed to the council, which is an audit of federal funds that are received from the Federal Government. This report noted two findings, one involved deficiency in cash receipting within the Recreation Department, and the other was a fifty-dollar error within 14 City Council Meeting Minutes Tuesday, August 21, 2001 the office of Community Development. Letters have been drafted to the Federal Audit Clearing-House to address those findings and outlining a plan of action to take steps to ensure that these situations never happen again. Commissioner Michael Lenz said that the Department of Finance is legally required to issue a report to the Federal Audit Clearing-House. He said that steps have been taken to improve fiscal operations within the Department of Recreation, and progress has been made. He said that starting January 1, his office will begin to collect all rental fees of the Recreation Department and there has been some internal financial management work done in the recreation office. Mayor Klotz asked about the seriousness of the auditor’s recommended adjustments. Christine responded that the biggest ones were a $17,000 write-off of uncollected parking tickets, and the other was a for $66,000 in tax discounts that the system posted as a liability and the City wants to post it as an expenditure. Commissioner McTygue asked if there is a procedure required for collecting parking ticket fines. Christine Gillmett Brown responded that there is a method known as the Scofflaw process. Commissioner Curley said this process is done quarterly and followed up on by his office. Christine Gillmett-Brown explained that the amount of this write-off seems high because it has never been done before and included tickets from the 1980’s. Approve: Amended Bond Resolution (see attached) (01-141) Commissioner Lenz said he circulated a copy of the amended bond resolution that needs City Council approval. He said the resolution increases the dollar amount the City can borrow for West Avenue, Grande Industrial Park replacement of Ball 1 and 2, and the forestry tree truck. He said that the City Council has approved three change orders for West Avenue and this resolution will give the City the authority to borrow the amount approved in those change orders which is an additional $50,312. He explained that the resolution also gives the City the authority to borrow $400,000.00 instead of $200,000.00 originally anticipated borrowing for Ball 1 and 2 in the event the City fails to receive funding from the County. Commissioner Lenz said that the bid for the forestry tree truck came in higher than originally anticipated and the City needs the approval to borrow the additional funds. He said that the stumper and the dump truck bids came in lower than anticipated, so the additional cost of the tree truck will be offset by those savings and should not have a tax impact. Commissioner McTygue said that at this point the County has reneged on the commitment they made to the City in reference to the $300,000 that they were going to forward to the City. He said the City has not received that money and there is no indication that the City will receive those funds, so it is his understanding that they have reneged on the commitment they made to the City if the City matched the grants and matched the funds, which the City has done. He said the City had moved ahead very expediently on this project and now they are left holding the bag to pay the additional $400,000 to this bill. Commissioner Lenz said that the City has to pay this bill and this is the mechanism through which we choose to pay it and should pay it. He said he does not know what the status of this situation is, but the City must move forward to get approval to borrow the 15 City Council Meeting Minutes Tuesday, August 21, 2001 additional money. Mayor Klotz said that the City did have the $350,000 in its capital budget and this is the amount that the council talked about bonding, but it was increased to $400,000 in case it is needed to cover costs. Paul Male discussed various costs of the project and the total is very close to the $400,000 range. Commissioner Lenz moved and Mayor Klotz seconded to approve the bond resolution dated August 21, 2001. Commissioner Lenz said this motion needs to be ratified by a four-fifths vote, so a roll call vote is required. Commissioner Mirling Aye Commissioner Lenz Aye Mayor Klotz Aye Commissioner McTygue Aye Commissioner Curley Aye Ayes all. DEPARTMENT OF PUBLIC WORKS . Announce Appointment Chief Water Plant Operator & Trainee (01-142) Commissioner McTygue announced the appointment of Thomas Kirkpatrick to the position of provisional Chief Water Treatment Plant Operator to replace Bill Jewett who is retiring this Friday after 34 years with the City. Commissioner McTygue said he is also announcing the appointment of Brett Johnson off the civil service list as a Water Plant Operator Trainee to replace the vacancy created by the promotion of Mr. Kirkpatrick. Permission for Mayor to Sign Leases – Ice Rink (01-143); (01-144) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for approval for the Mayor to sign the lease with Saratoga Youth Hockey for the concession stand at the ice rink under the same terms and conditions as last year’s lease. Ayes all Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve a new lease with Wayne Jones of Blade Sharpening Company. He said it is a six- month lease for $400 per month. Commissioner McTygue explained that Mr. Jones would be responsible for sharpening skates, leasing the City owned skates for a percentage of the revenues. Ayes all Ratification of Previously Approved Expenditures (01-145) Commissioner McTygue moved and Commissioner Thomas Curley seconded to ratify the expenditures that have been previously approved by memo, for building materials for the new gas canopy at the City Garage to Allerdice in the amount of $3,000 and to Curtis Lumber in the amount of $5,515.36. He said the money is in the capital budget. Ayes all 16 City Council Meeting Minutes Tuesday, August 21, 2001 Discussion and Possible Vote: Playground Equipment Bid (01-146) Commissioner McTygue said that this item was discussed at the Recreation Commission meeting. He explained that this year all unsafe equipment from each of the fields and playgrounds was removed, and some of it was well over thirty years old. He said that this was one of the most complete inspections of the recreation equipment ever done, and everything deemed to be unsafe or too old was removed. On the east and west sides, the school system has committed $6,000 towards the replacement of the old equipment. The entire project can be done for $19,750, but with the school contributing $6000, the City needs to come up with $13,750 from the City’s surplus. Commissioner McTygue said he has no problem moving this resolution or it could wait until next year’s budget and the City will have to re-bid it. The sole bidder was Bill Simione's Play-Pro Company. He recommends moving ahead with the project, since it is a matter the City has dealt with for a couple of years, and he would like to go ahead and replace all this equipment. This money will take place of all the equipment needs. Commissioner McTygue said this is a nice project to complete all of the City’s recreation fields with the addition of new equipment. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to award the proposal and purchase the equipment for the balance of $13,750 to come out of the City’s appropriated surplus, after the School system’s $6,000 contribution. Commissioner Lenz asked if this was something that is normally a capital item or is there any historical sense of that; he said he is not sure what the nature of the equipment would be. Commissioner McTygue said it is playground equipment for the children. Recreation Director Linda Terricola said that the equipment is playground structures, and slides, climbing apparatus, swings at the North side fields, and the South side has an old and fairly large structure also. Commissioner Lenz asked if there was only the $6,000 from the school district now would they be able to do anything. Linda Terricola responded that the East and West sides would have to be repaired because the school is only paying for the equipment that is on the fields that they own, which are the east and the west side fields. Commissioner McTygue said that the expense of replacing equipment at the other fields must be borne by the City. Recreation Director Linda Terricola said she hoped the City Council would approve this expense because she has received a lot of calls regarding when the department will begin to add and update the equipment. Mayor Klotz asked Christine Gillmett-Brown if this is an item that has been historically in the Recreation Department budget or has it been in the capital budget. Deputy Commissioner Gillmett-Brown said that sometimes the school money is in the capital budget and that is sometimes used for recreation equipment. Linda Terricola said that there is a playground equipment line item in the Recreation Budget, however with the replacement and removal of a big structure at Geyser Playground, there was only $4,000 17 City Council Meeting Minutes Tuesday, August 21, 2001 so there is no more funding in that line item. Mayor Klotz said he thinks this is long overdue and there is nothing to be gained by waiting for next year’s budget. Ayes all Discussion and Possible Vote: Well for PBA Soccer Field Commissioner McTygue said that out at the PBA where the soccer fields have been built the biggest problem is water. Getting water on these sites is difficult because there is no access to watering those large fields. He said that in order to run municipal water out there would cost the City about $10,000 but water, and he is not suggesting using municipal water to water the soccer fields when a well could be drilled in these fields for about $2500 to $3,000. He said he would like to move ahead and get proposals together on this cost. The well driller said he cannot give a fixed price because of the amount of drilling that takes place, but it should be in that $2500 to $3,000 range, and if he can give them a commitment. Commissioner McTygue said he would like to bring this back by memo to the City Council to be allowed to drill a well out there and use well water to water the soccer fields. Mayor Klotz asked if these fields are used extensively for soccer. Commissioner McTygue said they are not being used right now because they need to be watered for growth to be brought back in order to be able to use the fields for soccer. Commissioner McTygue said this is important and the City is lucky they are able to use the fields on Gilbert Road. He said that his department would proceed to get the numbers and come to the council for approval by memo so they can get started on this project. Old Business: Police Car Gas (01-147) Commissioner McTygue said he spoke with the Commissioner of Finance and with Commissioner Curley on this issue. He said that $20,000 was allocated in the DPW budget for gasoline for the Police Cars, and so far this year they have used $26,000 worth of gas. A lot of this is related to the increase in gas prices this year. He said there is only $1435 left in the street account, and that will not last the remainder of the year. He said that an additional $40,000 must be requested to be placed in that line item to get through the rest of the year. He suggests that if funds are moved into that account, it would have to be done soon because of the small amount that remains in that account. Mayor Klotz asked why the gas for the Department of Public Safety is in the Department of Public Works budget. Commissioner McTygue said the pumps were consolidated in one area with dispatchers on 24 hours, and the pumps are computerized so there is more control over the dispensing of the gasoline. The amount in the line item is not sufficient with the increases that they have had. Commissioner Curley said that he looking into ways in which his department could become more efficient in the use of the gas. He said it is difficult when running a fleet of vehicles 24 hours a day, seven days a week. Commissioner Thomas McTygue moved and Commissioner Curley seconded that $40,000 be placed in the gas account from surplus to cover expenses for the rest of the year. Mayor Klotz asked Commissioner Curley if he could find that amount of money in his budget. Commissioner Curley said at this time there is not any areas with surpluses that would cover that amount. Commissioner McTygue said he could amend 18 City Council Meeting Minutes Tuesday, August 21, 2001 his motion and reduce the amount to $20,000 and revisit the issue to see if funds have come available. Commissioner Thomas McTygue withdrew his original motion and moved and Commissioner Curley seconded to place $20,000 in the DPW gas/street account from the surplus account. Ayes all Announce: Veteran’s Brick Celebration in the Park Commissioner McTygue said he is pleased to announce that on September 22 at 1:30 pm at the Veterans Memorial Walkway in Congress Park. Commissioner McTygue said there are a lot more bricks since the first celebration. There will be a band, a service and letters will be sent out to all the people that requested an installation of a brick in the walkway. This is for living and deceased veterans. Many visitors from outside the community have been so impressed that they requested to purchase a brick. This project has generated over $50,000 which is set aside for perpetual care of the monument itself. Commissioner McTygue said that this is an area where money has been raised away from the taxpayer and generated money to take care of the monument. Waive of Bid: Little League Sprinkler System Commissioner McTygue moved and Mayor Kenneth Klotz seconded for a waive of bid for the Oligny's Landscape Company in the amount of $2550 for the installation of the sprinkler system at the West Side Recreation field which includes a deposit of $850 that the City has to pay to the Saratoga National Little League because they made the original deposit and therefore have to be reimbursed. The money is in the Recreation budget. Ayes all Discussion and Possible Vote: Transfer from Landfill Closure Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to transfer $3,500 from the Landfill Closure account for payment to Specialized Environment. This is the monitoring and the CNA Environmental Company for the testing of Spring Run which is mandated by the DEC and this should carry us to the end of the year. The funds are in the landfill closure account and should be put into the Spring Brook Run account number H3618174547291042. Ayes all PUBLIC SAFETY DEPARTMENT Set Public Hearing – Vehicle and Traffic Ordinance – Renumbering Commissioner Curley set a public hearing for a vehicle and traffic ordinance. He explained that there would be no change in the text of in the body of the ordinance. He said that the department is trying to renumber the entire ordinance so it is more compliant with the tracking processes. The Public Hearing will be held on September 4 at 6:55 pm. Waive of Bid – Dictaphone System Commissioner Curley said that Dictaphone is the sole source replacement and supplier for the current Police recording system. He said that the Police record all incoming calls 19 City Council Meeting Minutes Tuesday, August 21, 2001 and because of the expansion of the central dispatching, there are a lot more public phone calls and more lines coming in. They want to record everything that is coming in the police station with regards to backup. He said that it is necessary to replace some of the current system and expand the system. The money will be coming from the local Law Enforcement Block Grant in the amount of $30,152. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to approve a waive of bid to Dictaphone of 3984 Pensacola Drive in Melbourne Florida in the amount of $30,152. Ayes all Executive Session: Commissioner Curley requested an executive session for the purposes of discussing proposed upgrades and the Police Administrative Officer’s Contract. Approve Police Administrative Officers Contract Commissioner Curley moved the last item on his agenda to the Executive Session Announcement Mayor Klotz announced that the Saratoga Polo Association has made Friday its “Saratoga Day” and they have invited any resident of Saratoga Springs to come to the polo match at 5:30 pm out at the Whitney fields for free admission. He said there will be some awards made at half time to some distinguished residents of Saratoga Springs. EXECUTIVE SESSION : Commissioner Curley moved and Mayor Kenneth Klotz seconded to go to Executive Session. The City Council went into Executive Session at 9:05 pm. The City Council returned from Executive Session at 9:35 pm Mayor's Department CSEA Contract (01-148) Mayor Klotz moved and Commissioner Mirling seconded to approve the CSEA contract as presented effective January 1, 2001 through December 31, 2004. Ayes all. Mayor's Office Upgrades (Package One) (See attached) (01-149) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve upgrade package number one, upgrades in the Mayor's Department that would allow for an increase in hours. Mayor Klotz said the four positions affected include the City Planner, the Building Inspector, the Assistant Building Inspector and the Executive Director of Community Development. Commissioner McTygue said he 20 City Council Meeting Minutes Tuesday, August 21, 2001 objects to this package of upgrades due to the fact that that an increase in hours is a negotiable item and since it effects a change in the contract accordingly, this item should be negotiated with the Civil Service Employees Union. Mayor Klotz requested a roll call vote: Commissioner Mirling: Aye Commissioner Lenz: No Commissioner McTygue: No Commissioner Curley: Aye Mayor Klotz: Aye 3-2 Motion Passes Mayor's Office Upgrades (Package Two) (See attached) (01-150) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve upgrade package number two, upgrades for two staff members as follows : Legal Office Coordinator from grade 12 step 8 to grade 14 step 1. Community Development Office Coordinator from grade 10 step 4 to grade 13 step 1. Commissioner McTygue said that he objects to these upgrades because these employees have already received increases in salary and longevity because of passing the CSEA contract. He said that the City should wait until Escot reviewed all City employee jobs and salaries to avoid this kind of piecemeal upgrading. He said it is unfair to the rest of the employees. Mayor Klotz requested a roll call vote. Commissioner Mirling - Aye Commissioner Lenz - No Commissioner McTygue - No Commissioner Curley - Aye Mayor Klotz - Aye 3-2 Motion passes Public Safety Department Department of Public Safety Upgrades (see attached) (01-151) Commissioner Curley requested approval for upgrades for the administrative staff in his office. He said these upgrades are in the Public Safety budget for the year 2001. He asked if the Mayor wanted him to read the list of the changes and the Mayor said that the City Council was familiar with them. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded for approval of upgrades for Public Safety administrative staff as presented amounting to $4,307 for a total of six employees. Commissioner McTygue said Mayor Klotz has taken care of six employees in his office and Commissioner Curley is taking care of almost the whole administrative staff in his 21 City Council Meeting Minutes Tuesday, August 21, 2001 office, and the council just approved the CSEA Contract at 3%, plus increments, plus they get longevity, plus there are other little things in the budget. He said he thinks it is an insult to the remaining employees in City Hall. Now the City Council wants to talk about doing a complete review and evaluation of the employees' jobs and salaries after the fact that these increases have been handed out. Commissioner McTygue said he does not think it is fair to the remainder of the employees in City Hall. Commissioner Lenz asked the effective date of the raises. Commissioner Curley said the effective date is January 1, 2001. He said back in December 2000, he proposed these upgrades to the City Council, and at that time there was discussion that there was going to be a review of all people, job accountabilities in City Hall, so he withdrew the motion. Commissioner Curley said he decided the right thing to do was to wait patiently. He said now it is August, there is still an issue open. He explained that during the six years he has been Commissioner there has been no consideration given anybody on the staff, other than their negotiated, contractual salary increases, as to any additional job duties or responsibilities. He said that Deputy King was there two years before him and to his knowledge there were no upgrades that were completed. Commissioner Curley said that according to the City Council meeting minutes, it has been over ten years since anything was done regarding upgrades or changes to this group of employees. He thinks he has an obligation as an administrator, as a person who has a review of what is going on in the department, to take a look at the type of work that is being done. He said he understands if there are objections to this. He said that what he is proposing was discussed last year during the budget process where he explained his intentions and he budgeted for these changes. It is not unexpected, it is included in the budget and it is the appropriate thing to do as the administrator of his department. He said that the opportunity is that if it does not pass, then the issue will be laid to rest. Commissioner Curley added that the City Council has been talking about a salary study that is proposed to take ninety days to complete. He said that it is his guess that it would take four to five months before everything was in place which would mean it was over one year since he originally proposed these changes. Mayor Klotz said that the City Council is going to do that review and if there are other people in City Hall who are not being paid properly, then the review will catch them all. Mayor Klotz requested a roll call vote. Commissioner Mirling Aye Commissioner Lenz No Commissioner McTygue No Commissioner Curley Aye Mayor Klotz Aye 3–2 Motion passes. Commissioner McTygue asked what was going to be done for the Deputies and the Mayor's Executive Secretary. Commissioner Lenz said he wanted to make that as part of the motion in conjunction with the CSEA contract. Mayor Klotz said that Commissioner Curley still has the floor since he has another agenda item. 22 City Council Meeting Minutes Tuesday, August 21, 2001 Approve Police Administrative Officer Contract (01-152) Commissioner Curley said his second item is, upon the recommendation of the labor attorney, to seek City Council approval to adopt the Police Administrative Officers Contract as it has been presented to the City Council. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to adopt the Police Administrative Officers Contract as presented. Commissioner Lenz said that the reason he is not voting for this particular contract is that the estimated cost is approximately $14,765 but only $7600 was budgeted for this particular contract which would have been about a 4% increase. Commissioner Lenz explained that there is about a $7200 shortfall and actually this contract represents about a 7% increase from the 2000 salary for these employees. He said since there is a shortfall he is not going to be able to approve that. He also said that if Commissioner Curley was willing to take that money out of his budget he would be able to support it. Commissioner Curley responded that the point is duly noted, but as he indicated in executive session, doing so would be setting a precedent since everything on salary negotiations since he has been Commissioner has been out of contingency funds or provided to the departments from the surplus or contingency funds. Commissioner Curley said that the past contract that expired December 2000 that the City Council approved that budget increase was at least five per cent. He said that the City Council may want to consider an additional amount for next year's budget to lessen the chance of these contracts resulting in a shortfall. Commissioner Curley said that if the City Council wants to vote on this and it goes down, then at least it has been given due process, and then the Chiefs and Administrative Officers will have the opportunity to take their steps and go from there. Commissioner Curley said this issue has been on the table since April, so regardless of the outcome, a decision needs to be made. Commissioner McTygue said to correct the record there have been times when increases are agreed to if each Commissioner and the Mayor can find the money in their budget. He said that last year the increase for the deputies and executive assistant was found in each of the budgets. Commissioner Lenz said that the increase for this year will be found in each of the pertinent budgets also. Commissioner McTygue said he concurs with Commissioner Lenz on this issue. Mayor Klotz requested a roll call vote. Commissioner Mirling Aye Commissioner Lenz No Commissioner McTygue No Commissioner Curley Aye Mayor Klotz Aye 3-2 Motion passes. Deputies and Mayor's Executive Assistant (See attached) (01-153) 23 City Council Meeting Minutes Tuesday, August 21, 2001 Commissioner Lenz moved and Commissioner Curley seconded to approve a four per cent increase in the salaries of the Deputies and the Mayor's Executive Assistant and that money will be found within each departmental budget as has been done historically. Mayor Klotz said that this is very appropriate since these people are not normally treated with the union negotiations and they are hard working. Commissioner McTygue said that these people are not on steps, in the grade or longevity programs. He said that the City employees are getting a three per cent pay increase, they also get longevity and some get an additional increment in their steps unless they are at step ten. Commissioner Curley said that the deputies have a lot of strange hours and theirs is not a forty-hour, eight to five, Monday through Friday position. Commissioner Lenz pointed out that there is not a lot of job security either since every two years their job may be on the line due to the election process. Ayes all. ADJOURNMENT Commissioner McTygue moved and Commissioner Bernard Mirling seconded to adjourn the meeting. Seeing no further business, Mayor Kenneth Klotz closed the meeting at 10:10 pm. Ayes all Respectfully submitted, Nancy Wagner Clerk Adopted: 24