City Council

May 24, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 10:00 AM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION Discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. CONSENT AGENDA MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Collective Bargaining Agreement with PBA ACCOUNTS DEPARTMENT 1. Award of Bid: Water & Sewer Pipe, Fittings, Hydrants and Valves to Ferguson Waterworks FINANCE DEPARTMENT PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Lillian’s Parking Lot PUBLIC SAFETY 1. Discussion and Vote: DPS Overtime Rates for Special Events ADJOURN City Council Meeting 5/24/10 May 24, 2010 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Joe Scala, City Attorney ABSENT: Tim Cogan, Deputy Commissioner, DPW 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. CALL TO ORDER Mayor Johnson called the meeting to order at 10:08 a.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 10:09 a.m. 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. Al Callucci of 9 Lexington Road respectfully requested the Council hold public comment after the discussion of the PBA contract so that the public has information to comment on. Page 2 of 7 City Council Meeting 5/24/10 Council agreed to change the order of the agenda to hold public comment after the mayor’s agenda has been completed. Public comment re-opened at 10:56 a.m. John Tighe of Rowland Street, Milton, New York stated with a 3% net increase per year the full compounding of that for the next year will be 4%. If you add that on top of the step increases, the correct yearly raise is 6% or 7%. That is a lot for the general public to receive. He would also like to see the entire agreement on the web. This agreement appears to not be sustainable in the future and they are only setting themselves up for layoffs. Phil Diamond of 29 Waterview Drive recommended the Council not to make a decision on the PBA contract at this time. He thanked the mayor for doing the best for the City. As a federal retiree he goes without an increase. He asked what relationship salary increases have cost of living or consumer price index. He asked the Council to think about tying salary increases to cost of living or the consumer price index. Al Callucci of 9 Lexington Road stated he agrees with the 2 previous people who spoke. What clouds the issue is we are locked into this type of agreement and negotiation. It was generous of the union to eliminate the retroactive pay. He asked in regards to health care if the cap for single, double, and family the same. Mayor Johnson advised it is. Mr. Callucci continued to say the health insurance should be graduated. Overall, he feels we did the best we could with the situation we are in. The cooperation from the PBA with the mayor has been great. Mayor Johnson closed the public comment period at 11:03 a.m. MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Collective Bargaining Agreement with PBA Mayor Johnson gave a power point presentation of the proposed agreement with the PBA for the years 2009 – 2012. He thanked the PBA for being willing to talk about the issues and come out with an agreement that will be beneficial to both sides. The following points of interest were presented:  4 year contract versus the normal 2 or 3 year  PBA contract has a provision for binding arbitration which limits management’s ability to negotiate certain terms. By going to arbitration, we would forego many cost saving mechanisms we do have in this proposed agreement.  Negotiation history. PBA union accepted this memorandum of agreement in March 2010. Council has to accept or reject this proposal in its entirety without the ability to revise. If the Council rejects this proposal we are back to impasse.  Salary proposed is as follows: o No retroactive pay (1/1/09 – 6/30/10). This is significant in terms of the PBA’s willingness and cooperation to not impose a retroactive increase. o 7/1/10 = 2% increase; this is a net increase of 1% for the year as it is only payable for 6 months of the year. o 12/31/10 = 2% o 7/1/11 = 2% o 12/31/11 = 2%; this is a net increase for 2011 of 3% because it is given midway through the year. o 7/1/12 = 2% o 12/31/12 = 2%; this is also a net increase for 2012 of 3%. If we went to binding arbitration, wage increases are historically a minimum 3% per year increase. Arbitrators are generally those who come out of the labor side of unions. The wages were compared against neighboring municipalities. Our proposal is under compared to those cities. Page 3 of 7 City Council Meeting 5/24/10  Health insurance – overall there will be more employee contribution towards payment of health insurance with a graduated increase and a cafeteria plan (IRS-125) is being offered.  Comp time is being capped at 240 hours compared to the 480 hours in the current contract.  Sick time is being capped at 120 hours compared to the unlimited hours in the current contract.  Training hours are capped at 40. Most training hours were paid out as overtime.  Education pay will only be upon completion of degree.  Longevity has been eliminated. Mayor Johnson stated it was never an option for there to be a 0% financial impact on the City. Commissioner Ivins stated he felt there is more of a financial impact with the salaries than what was presented. In 2010 the increase in labor costs is $48,000 making it closer to a 2.94% increase; in 2011we are looking at an additional $224,000 or a 6.63% increase; in 2012 we are looking at a $198,000 increase or 5.49% increase, and in 2013 we are looking at $88,000 or a 2.3% increase. Overall, the increase would equate to 18.5% or $600,000. There is a savings in health insurance for 2010; $4,800 this year; in 2011 there will be $27,600 more in contribution. Training hours will have an immediate affect in reducing overtime. Mayor Johnson confirmed the figures just given take into effect the step increases. Commissioner Ivins stated that was correct. Mayor Johnson asked if he took into account of when the officers advance to the next step each year. Commissioner Ivins stated most steps take place in the first quarter of the year; so the numbers are slightly inflated but not a lot. Mayor Johnson stated he went through the list of individuals who are eligible to receive a step. Of the 16 that would receive a step in 2011, 6 of them are in the first half of the year. Commissioner Franck stated it is more of a timing difference. Mayor Johnson stated the increase in salaries would equate to 10.4% compounded over the 4 years. Commissioner Wirth stated officers are hired in January or July of a year. He thanked the mayor and Sgt. John Catone for their accomplishments. Mayor Johnson stated since he signed the memorandum of agreement with the PBA he is required by law to vote in favor of this proposal. He then returned the meeting to the public comment. Commissioner Ivins, stated, after hearing public comment, the people in the second half of the year based upon step were taken into account. He is standing firm with the numbers he presented. This year alone we will spend in excess of $200,000 for reimbursement of comp time in Public Safety for retirees. He is not comfortable with adding another step in this contract. He is not totally comfortable with the package as a whole. Commissioner Franck thanked John Catone for getting more done in the last 2 weeks than they did in the last 2 years. Around 2006/2007 we put 384E in place which was a retirement type incentive to have the cops stay. Now we are giving them an incentive to leave. The 384E plan was costly. The problem we have is we have to take this or get pounded in binding arbitration. Also, we are doing this on a Monday morning as we should be doing this at a regular meeting to be as transparent as possible. This should be voted on June 1st and not today. Page 4 of 7 City Council Meeting 5/24/10 Commissioner Scirocco commended Sgt. Catone for making concessions and working with the mayor. He wishes we were negotiating all 3 contracts at the same time. Commissioner Franck stated the public should have the ability to review the contract and the different steps. He would like to see a comparison of this proposal’s numbers to the estimated arbitration numbers. Mayor Johnson stated he is sensing that some of the Council is uncomfortable with voting on this today. He doesn’t see a problem voting on this during a special Council meeting. If there is concern from the Council regarding not having sufficient information; that is a different issue. He deferred to the Council to decide if they feel they have enough information to vote or if they want to push this to the next meeting. Commissioner Ivins stated he has enough information to vote but he is not sure the public has enough information. He suggested putting the presentation on the web so that they can review and digest it. Commissioner Scirocco asked if anything would change if they put it off to the next Council meeting. Mayor Johnson advised the terms of the proposed contract would not change. The proposal has to be accepted or rejected in whole. Commissioner Franck stated he is not trying to change the proposal but he thinks the taxpayers would like to see what the estimated costs are associated with this proposal, the costs associated with an arbitrator, plus losing the benefits the PBA has given us. It has to be broken down to show the taxpayer how much it is going to cost them. Commissioner Wirth stated he believes the taxpayers do have a right to see the correct numbers; however he thinks they should go forward and not jeopardize the agreement. Mayor Johnson stated based on comments by some of the Council members he will postpone the vote until June 1st. ACCOUNTS DEPARTMENT Award of Bid: Water & Sewer Pipe, Fittings, Hydrants and Valves to Ferguson Waterworks (10-146) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Water & Sewer Pipe, Fittings, Hydrants, and Valves to Ferguson Waterworks. Commissioner Franck stated they were the lowest bidder. Ayes - All FINANCE DEPARTMENT None PUBLIC WORKS DEPARTMENT Discussion and Vote: Lillian’s Parking Lot (10-147) Commissioner Scirocco stated the Council asked for some costs at the last meeting. He would like to consider opening the parking lot. After speaking with engineering, the base of the lot is on grade and no problem with it caving in or being structurally sound. He had Debbie LaBreche put together what it would Page 5 of 7 City Council Meeting 5/24/10 cost to get the lot safe to allow the public in. The jersey barriers will be put on the Lillian’s side of the lot with a 4ft. crowd control fence on top of them so no one can get over it. The egress door from the Cantina Restaurant goes over the area that is compromised; therefore they will build a ramp over that. The cost would be approximately $500. He is not sure if the City or the building owner would pay that. Jersey barriers already exist on that side. They redesigned the layout of the center part of the lot. They were looking at 20 cars fitting and now they are looking at fitting 30 cars. There is just under $4,000 needed to open the parking lot. It would be a 2 hr. lot with 30 cars. Another issue is stripping it; he would have to work something out with Public Safety. He is asking the Council for approximately $4,000 to do what needs to be done in the lot. Mayor Johnson stated an engineering analysis was discussed previously so the Council can be sure the center portion of the lot is stable and not subject to collapse. He asked Commissioner Scirocco what if anything has been done about that analysis. Commissioner Scirocco asked Debbie LaBreche to speak to that. Debbie LaBreche stated Ryan Biggs did the study in 2006 and they still feel the center portion is safe. She walked the lot with their structural engineer but he stated he would not able to write the letter in time for this morning’s meeting. He is willing to write an update memo to save the City money. Commissioner Ivins stated it looks like there are more parking spaces being proposed now than there were before. Debbie stated she produced this drawing quickly and asked to be given the chance to check it over. Commissioner Scirocco stated the jersey barriers that are in the lot now weigh approximately 8,000 lbs. each. That should say something for the structure. He believes they can make it safe for pedestrians. He also asked to designate 1 spot in the lot for a police car to sit. Debbie stated the engineer stated if you want to go into the ‘off limits’ area to park a cruiser, the plywood should be taken down to make sure everything is safe there. Commissioner Ivins asked Commissioner Scirocco if he had a particular line item in mind to take the money from. Commissioner Scirocco stated they don’t have any money in their budget for parking lots. Commissioner Franck asked if we still have the parking lot fund originally set up by Commissioner McCabe. Commissioner Ivins stated he will look into that. Commissioner Franck stated based upon the Fire Department recommendation and risk and safety, there was a recommendation to have 2 ramps; one from the Cantina and one from the back part of the building. Deb stated that was addressed during their meeting on Friday. The back corner is close to the retaining wall and if fenced off properly, people could walk there. Commissioner Franck stated the Fire Department suggested placing ‘do not enter’ signs up. He also stated he would like to see something in writing from the engineer stating the part on the ground is safe before they take a vote on this lot. Commissioner Scirocco stated the $700 for professional services would include the written letter from the engineer. Mayor Johnson stated they all need something in writing. He suggested Commissioner Scirocco put the written report in as a condition when he makes his motion. Page 6 of 7 City Council Meeting 5/24/10 Commissioner Ivins recommended Commissioner Scirocco put this in his streets line for now and we can make adjustments after the fact. Commissioner Scirocco stated his motion would be for the City to allocate the money versus it coming out of his budget. He stated he wants to be reimbursed for anything spent up to $4,000. Commissioner Scirocco moved and Commissioner Wirth seconded to have the Council allocate up to $4,000 for the use of the Lillian’s parking lot subject to receipt of information from Ryan Biggs. Commissioner Wirth asked if the lot could also be used for vendors. Commissioner Franck stated we are trying to open it for its original use. He suggested that be a friendly amendment. Commissioner Scirocco accepted the friendly amendment that the lot will be opened for its original use. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: DPS Overtime Rates for Special Events (10-148) Commissioner Wirth stated there was confusion at the last Council meeting regarding the rates for special events. He asked Tony Izzo, assistant city attorney to read the resolution into the record. A Resolution of the City Council of the City of Saratoga Springs Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Richard Wirth BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: WHEREAS, it has become necessary for the Department of Public Safety to require the sponsors of special events to pay for any Department of Public Safety overtime associated with the event. The department is currently unable to accommodate the various sponsors each year with the assistance they have been accustomed to at no charge. NOW, THEREFORE, BE IT RESOLVED as follows: It shall be lawful for the Department of Public Safety to require reimbursement from any sponsor, organization or legal entity conducting a special event in the City of Saratoga Springs for any overtime for DPW personnel that is necessary and appropriate for such event. Such overtime shall be calculated according to rates in effect at the time of the special event. Tony Izzo stated there is an addendum to the resolution that stated the rates are as follows: Police Department $35.70 to $72.88, Fire Department $33.22 to $73.34, and DPS garage $$41.22 to $62.02. These rates are effective today. Commissioner Wirth moved and Mayor Johnson seconded to accept the resolution and addendum as just read. Ayes – All ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 11:42 a.m. Page 7 of 7 City Council Meeting 5/24/10 Respectfully submitted, Lisa Ribis Clerk Approved: 6/15/10 Vote: 5 - 0 Page 8 of 7