City Council

May 7, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM – PH – Zoning Map Amendment Parcels at Jefferson and Gridley Streets 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Saratoga Greenbelt Trail EXECUTIVE SESSION: none CONSENT AGENDA 1. Approval of 4/15/13 Pre-Agenda Minutes 2. Approval of 4/16/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 04/19/13 $391,336.00 6. Approve Payroll 04/26/13 $398,835.23 7. Approve Payroll 05/03/13 $387,751.03 8. Approve Warrant: 2013 Mid – 13MWAPR3 $532,758.66 9. Approve Warrant: 2013 Mid – 13MWMAY1 $29,803.14 10. Approve Warrant: 2013 Reg – 13MAY1 $793,629.07 MAYOR’S DEPARTMENT 1. Discussion and Vote: SEQRA for Zoning Map Amendment at Jefferson and Gridley Streets, Tax Parcel ID’s 179.37-1-1-1, 179.37-1-1-2, 179.37-1-1-3, 179.37-1-1-14, 179.37-1-1-15, and 179.37-1-1- 16 2. Discussion and Vote: Approval of Zoning Map Amendment at Jefferson and Gridley Streets, Tax Parcel ID’s 179.37-1-1-1, 179.37-1-1-2, 179.37-1-1-3, 179.37-1-1-14, 179.37-1-1-15, and 179.37-1-1- 16 3. Discussion and Vote: Approval of Complete Streets Checklist 4. Discussion and Vote: Amend the Capital Budget - $30,000 School District Capital Contribution 5. Discussion: City Wide Bike Pedestrian Transit Plan 6. Discussion and Vote: Accept Donation for Summer Concert Series 7. Discussion: Status of RFP for Geyser Road Trail Design 8. Announcement: Appointment of City Attorney 9. Appointment: Heritage Advisory Board 10. Announcement: Bike to Work Day 11. Announcement: Brown Bag Lunch 12. Announcement: Survey by National Center for Health Statistics (Center for Disease Control and Prevention) City Council Meeting 5/7/13 ACCOUNTS DEPARTMENT 1. Set Public Hearing: Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue 2. Announcement: Approval from Saratoga County Board of Elections to Move District 14 3. Discussion and Vote: Authorization for Mayor to Sign Addendum #2 with Harris Beach 4. Discussion and Vote: Increase Hours of Temporary Part Time Clerk for State Archives Grant FINANCE DEPARTMENT 1. Discussion: 2013 1st Quarter Financial Report 2. Discussion and Vote: Resolution-Saratoga Springs Housing Authority, Standards for Review of Compensation 3. Discussion and Vote: Standard Workday Resolution 4. Discussion and Vote: Capital Budget Amendment – School District, 2013 Contribution for Capital Improvements to Recreation Fields 5. Discussion and Vote: Budget Transfers – Payroll 6. Discussion and Vote: Budget Transfers – Benefits 7. Discussion and Vote: Budget Amendments – Benefits 8. Announcement: Congratulations to Christine Gillmett-Brown, Director of Finance PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Barton & Loguidice for Monitoring Services for Spring Run Trail 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Conrady Consultant Services – Woodlawn Avenue Water Storage 3. Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Stilsing Electric Inc. – Water Treatment Plant 4. Set Public Hearing: To Adopt the Urban and Community Forest Master Plan PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Verizon for Pole Attachment 2. Set Public Hearing: Amend Chapter 115 of city Code Entitled “Firearms” 3. Discussion: Parking Regulations and Pedestrian Crossing Improvement 4. Announcement: Department of Public Safety Forum on June 20, 2013 at 7 pm in the City Council Room 5. Announcement: 2013 COPS Hiring Program Grant Application SUPERVISORS Joanne Yepsen 1. Racing and Gaming Meeting in Albany with Governor’s Deputy 2. Memorial Day Parade Update 3. County Meeting Updates Matt Veitch 1. Racing Committee 2. Economic Development Committee – SEDC Decision ADJOURN Page 2 of 15 City Council Meeting 5/7/13 May 7, 2013 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Tim Cogan, Deputy Commissioner, DPW Matt Dorsey, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARING Zoning Map Amendment Parcels at Jefferson and Gridley Streets Mayor Johnson opened the public hearing at 6:58 p.m. No one spoke. Mayor Johnson closed the public hearing at 7:00 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMENT Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Johnson opened the public comment period at 7:01 p.m. Page 3 of 15 City Council Meeting 5/7/13 John Tighe of Rowland Street, Milton stated he would like to have a full accounting of all the bills relating to the termination of Mary Zlotnick. In regards to him speaking at these meetings, he is allowed to speak here even though he does not reside within the City; he does own land in Greenridge Cemetery and St. Peter’s Cemetery. He stated he understands the rationale for Commissioner Mathiesen’s gun proposal. He doesn’t feel it is necessary because he hasn’t seen people walking around with guns. He hopes there is an exception for those people who are in parades. Commissioner Mathiesen stated those exceptions are part of the ordinance. Susan Steer of Phila Street thanked Commissioner Mathiesen for his proposal regarding walking around town with guns without them being in cases. Charlie Samuels of 58 Court Street stated he is a committee member of the Complete Streets. He hopes the City will endorse the Complete Streets Checklist. As a resident, he is pleased about the firearms proposal. He supports the proposal. There are people calling from out of state and out of the area. He asked the Council not to go askew with those calls. Mayor Johnson closed the public comment period at 7:06 p.m. PRESENTATIONS Saratoga Greenbelt Trail Mayor Johnson introduced Kate Maynard from the Planning Department. Kate Maynard of the Planning Department advised the Greenbelt Trail Committee has been active for quite a few months. The purpose is to connect existing trails such as Spring Run Trail, and the Geyser Road Trail. She introduced Jeff Olsen and SUNY Albany graduate students. Jeff Olsen stated he has the pleasure of working on a project combining his professional work with his company and graduate students. The students will take everyone through a draft of this project and get everyone familiar with the greenbelt trail. Sam Piper, master student at UAlbany explained the Saratoga Greenbelt is the proposal to connect the Spring Run Trail, Geyser Road Trail, and Bog Meadow. They are proposing multiple trail uses such as walking, biking, running, skiing, and equestrian. The students held 2 public meetings, an online survey, created a brochure, launched a social media campaign, and created a website. They felt they received good feedback about what the people wanted. The website has had steady traffic and is increasing. They identified opportunities and challenges. They inventoried the current road conditions and presented proposals on how to improve those roads. All the challenges identified can be overcome. Dan Carroll described the direction of each alternative trail. Celeste Roller explained how they discussed the key themes of the trails such as health benefits, environmental benefits, and economic redevelopment projects. Sam advised they also looked at current development projects in the City to determine where these trails should go through. He thanked the City of Saratoga Springs, the Chamber of Commerce, the Greenbelt Trail Committee, Saratoga PLAN, YMCA, and the Firecracker 4 for their support and help with gathering information. They asked the Council to consider open space funding mechanism, comprehensive Plan process integration, integration with development process, complete streets study, greenbelt incentive zoning, support the project, continue to be involved, and apply for transportation enhancement grants. The website they created is www.saratogagreenbelt.weebly.com. Jeff Olsen stated this is months of hard work that has been presented. His company will be working over the several of months to add the next level of detail. Page 4 of 15 City Council Meeting 5/7/13 Mayor Johnson thanked Jeff, the students and the members of the Greenbelt Committee. Commissioner Franck asked how long the trail would be. Sam advised the approximate length is 22 miles. Commissioner Mathiesen asked if they anticipate any difficulties with this crossing town borders? Sam advised they are looking for alternatives for the northern portion. This is an ongoing activity. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 4/15/13 Pre-Agenda Minutes 2. Approval of 4/16/13 City Council Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 04/19/13 $391,336.00 6. Approve Payroll 04/26/13 $398,835.23 7. Approve Payroll 05/03/13 $387,751.03 8. Approve Warrant: 2013 Mid – 13MWAPR3 $532,758.66 9. Approve Warrant: 2013 Mid – 13MWMAY1 $29,803.14 10. Approve Warrant: 2013 Reg – 13MAY1 $793,629.07 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: SEQRA for Zoning Map Amendment at Jefferson and Gridley Streets, Tax Parcel ID’s 179.37-1-1-1, 179.37-1-1-2, 179.37-1-1-3, 179.37-1-1-14, 179.37-1-1-15, and 179.37-1-1-16 (13-146) Mayor Johnson stated for many years these parcels were listed as UR-2; then changed to a commercial based listing of which it is right now. The application before the Council is to return the parcels to its original zoning of UR-2. Advisory opinions from the City’s Planning Board and the County’s Planning Board have been received and both were favorable opinions. Both planning boards noted that the designations and uses proposed would be in accordance with the City’s Comprehensive Plan and there are no impacts or issues associated with the zoning map change that would keep it from the proposed zoning change. He read through each question of Part 2 of the SEQRA short form and suggested the following answers to the Council: A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? The action includes consideration for zoning change from institutional horse track related to less than intense UR-2 residential district. Any further subdivision or site plan would be subject to further SEQRA determination. C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? No. The area consists of a mix of uses. Proposed UR-2 zoning is consistent with the surrounding neighborhood and community character. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No. C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No. Zoning change is consistent with the Comprehensive Plan, medium density residential – 2 designation. UR-2 zoning is presently directly within the surrounding area. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? N/A. The action is limited to 6 parcels reflecting 1.3 acre. Page 5 of 15 City Council Meeting 5/7/13 C6. Long term, short term, cumulative, or other effects not identified in C1-C5? N/A C7. Other impacts (including changes in use of either quantity or type of energy? N/A D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? No Mayor Johnson read the instructions for Part III into the record as follows: For each adverse effect indentified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in conjunction with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, (our response was No) the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Mayor Johnson moved and Commissioner Franck seconded to adopt the finding of fact as recited in his presentation and determine the proposed action will not result in any significant adverse environmental impact, a negative determination of SEQRA. Ayes - All Discussion and Vote: Approval of Zoning Map Amendment at Jefferson and Gridley Streets, Tax Parcel ID’s 179.37-1-1-1, 179.37-1-1-2, 179.37-1-1-3, 179.37-1-1-14, 179.37-1-1-15, and 179.37-1-1-16 (13-147) Mayor Johnson moved and Commissioner Madigan seconded to approve to change the zoning for these parcels (179.37-1-1-1, 179.37-1-1-2, 179.37-1-1-3, 179.37-1-1-14, 179.37-1-1-15, and 179.37-1-1- 16) from institutional track related district to UR-2. Ayes - All Discussion and Vote: Approval of Complete Streets Checklist (13-148) Kate Maynard advised the Complete Streets Advisory Board finalized and voted as a committee to approve the checklist document in its entirety. The Complete Streets Policy does lay out the use of the checklist for private and public projects on City streets. Commissioner Madigan asked if this checklist will be required of the City as well. Kate advised it will be. Mayor Johnson advised it gives some format to the Complete Streets Advisory Committee to be sure nothing is overlooked when reviewing a project. Kate explained it gives the opportunity to provide comment and look case by case at different situations. Mayor Johnson moved and Commissioner Madigan seconded to approve the checklist as described and listed in the agenda. Ayes - All Discussion and Vote: Amend the Capital Budget - $30,000 School District Capital Contribution (13-149) Mayor Johnson advised this is received by the City school district for the maintenance of the east and west side recreation fields. Mayor Johnson moved and Commissioner Franck seconded to amend the capital budget for the $30,000 contribution. Page 6 of 15 City Council Meeting 5/7/13 Roll Call: Commissioner Franck - Aye Commissioner Madigan - Aye Commissioner Scirocco - Aye Commissioner Mathiesen - Aye Mayor Johnson - Aye Discussion: City Wide Bike Pedestrian Transit Plan Mayor Johnson announced they received word from the Capital District Transportation Committee that we will be receiving some funding from them to go forward with a consultant study. The goal is for the completion of a city-wide bicyclist/pedestrian/transit plan. The greenbelt trail will be incorporated into the plan. The study will be completed for a total of $60,000 or which $45,000 will be provided through the Federal Transportation Funds with a $15,000 City match required. They feel the $15,000 should come from the recreation fees generated. A memorandum of understanding must come before the Council authorizing him to sign the agreement to pursue this and receive the funds; the scope of work must be finalized; and the study advisory committee must be established. Kate Maynard stated this a great ‘next’ step for completion of Complete Streets. The study offers the ability to get to a specific level of detail. This will not duplicate efforts of what has already been completed by Complete Streets or will come in the future. This does allow us to get to a more physical level. We will also look at gaps in infrastructure and how to fill them. Commissioner Mathiesen stated some of the improvements they will be looking at are improving pedestrian safety crossing on Union Avenue and the corner of Clark Street and Union. Discussion and Vote: Accept Donation for Summer Concert Series (13-150) Mayor Johnson advised the donations are as follows: Teachers Association for $50.00; Stewart’s for $500.00; Jean Stamm for $100.00; Rotary Club of Saratoga for $100.00; and Crafters Gallery for $100.00. Mayor Johnson moved and Commissioner Franck seconded to accept the donations as listed. Ayes - All Discussion: Status of RFP for Geyser Road Trail Design Mayor Johnson advised the RFP will be issued tomorrow by the Planning Department in conjunction with the Accounts Department. Responses to the RFP are due 2 p.m. May 24th. The total length of the trail is approximately 2 miles. The intent of the design phase is to make it shovel ready and make us eligible in obtaining construction funding through the State Department of Transportation. Commissioner Madigan asked if they will be looking at the consolidated funding. Mayor Johnson stated he believes TEP funding comes first but they are looking at both. Announcement: Appointment of City Attorney Mayor Johnson stated he appointed Matthew Dorsey as our new city attorney. He welcomed him back and thanked him for agreeing to take on this community service. Matt’s appointment is through the end of this year. Appointment: Heritage Advisory Board Mayor Johnson advised that effective immediately, Jean Stamm is appointed to the Heritage Advisory Board. Page 7 of 15 City Council Meeting 5/7/13 Announcement: Bike to Work Day Mayor Johnson announced that bike to work day is Friday, May 17th. The gathering will begin at the Arts Center. Announcement: Brown Bag Lunch Mayor Johnson announced that the next brown bag lunch is scheduled for May 9th at 1 p.m. in the library on local soldiers in the military. Announcement: Survey by National Center for Health Statistics (Center for Disease Control and Prevention) Mayor Johnson advised the federal government through the National Center for Health Statistics is conducting a survey. Our county is one which has been selected for this survey; this is a legitimate survey. This survey will begin May 14th through July 29th. ACCOUNTS DEPARTMENT Set Public Hearing: Change Name of Long Alley to Connolly Way from Division Street to Woodlawn Avenue Commissioner Franck set a public hearing for Tuesday, May 21, 2013 at 6:45 p.m. Announcement: Approval from Saratoga County Board of Elections to Move District 14 Commissioner Franck announced that on April 18, 2013 he received a letter from the Commissioners of Elections, William Fruci and Roger Schiera, advising they are granting the change of location for District 14 from the William H. Ford Center to the Recreation Center effective the November 5, 2013 general election. They will notify all the affected voters. A copy of such letter is attached for Council review. Discussion and Vote: Authorization for Mayor to Sign Addendum #2 with Harris Beach (13-151) Commissioner Franck advised that due to the Zlotnick Article 78 lawsuit filed against the City, we are in need of an addendum to the existing Harris Beach contract for legal services. This addendum outlines the services specific to this lawsuit and is for the same hourly rate. Funding is in line A3051354 / 54720 and will not exceed $7,500.00. Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign addendum #2 with Harris Beach as distributed with the agenda. Ayes - All Discussion and Vote: Increase Hours of Temporary Part Time Clerk for State Archives Grant (13-152) Commissioner Franck advised that last December the City Council received notice of a non-matching grant from the New York State Archives for $17,306 to inventory the records of the Building Department. The first payment was received in January and the City Council then approved a temporary clerk position to do the work at $15 per hour, not to exceed 30 hours per week-entirely funded by the grant. This project was originally planned to run from August of 2012 through June of 2013 but because of the late notification and the subsequent delay in receiving the first fund installment, it is necessary to increase the hours of the temporary clerk. Since several of the expenses have run under budget and there will be a final payment of Page 8 of 15 City Council Meeting 5/7/13 $1,700 at the completion of the project, there is enough money in the grant to cover the increased hours and the New York State Archives has approved this change. Commissioner Franck moved and Commissioner Madigan seconded to approve increasing the temporary clerk’s hours from 30 hours per week to 40 hours per week effective immediately. Ayes – All Commissioner Franck advised the grievance assessment class will be held this Thursday May 9th at 6 p.m. in the City Council Room. FINANCE DEPARTMENT Discussion: 2013 1st Quarter Financial Report Commissioner Madigan advised the 1st quarter 2013 financial report has been given the City Clerk’s Office and is available there for review, on the City’s website, and attached to the agenda. The City is on target for 2013. General funds revenue collected thus far is 25.1% and general fund expenditures is 29.4%. All funds collectively (revenues collected) are 24.3%; all funds collectively for expenditures are at 38.2%. As of 3/31/13, 47% of property taxes have been collected. The City has not received data on other large revenue streams. She advised that VLT aid in the years the City receives it is paid in June; the first quarterly payment for hotel occupancy tax will be received in April, and the County surplus payment will be due in April. Starting in 2013, the payment of rent from National Grid is now being budgeted and deposited into the general fund rather than being recorded in the capital projects fund. More detailed information is available on the City website. Discussion and Vote: Resolution-Saratoga Springs Housing Authority, Standards for Review of Compensation (13-153) Commissioner Madigan advised Dr. Weller was contacted last week. Her department thought it would be best to form some kind of standard for review of salaries being brought forward to the Council for review. The third ‘WHEREAS’ clause does include quotes from the Authority’s own policy manual. She is asking to consider this resolution. The resolution was read into the record as follows: A Resolution of the City Council of the city of Saratoga Springs, NY WHEREAS, the City of Saratoga Springs is required, pursuant to New York State Public Housing Law, Article 3, Section 32, to approve employees’ compensation as set by the Saratoga Springs Housing Authority (Authority), and WHEREAS, the Office of the New York State Comptroller (OSC), in its 2012 audit entitled “Saratoga Springs Housing Authority, board Oversight and Internal Controls Over Payroll and Employee Benefits (2012M-136)” (Audit), states guidelines for payroll and compensation, including: 1. “it is essential that management design and implement effective controls over the payroll process comprising well- developed policies, practices and procedures; adequate managerial oversight; and proper segregation of duties.” (page 12); 2. “Authority employees should be paid commensurately with their workload and responsibilities.” (page 12); 3. “In addition, when determining compensation, the Authority must comply with the Federal Department of Housing and Urban Development (HUD) requirements regarding compensation levels.” (page 12); 4. “Public employment contracts should be written with the best interest of the taxpayers in mind and should not expose them to substantial financial obligations if there is substandard performance or unacceptable conduct by the employee.” (page 15), and WHEREAS, the Audit cites parts of the Authority’s personnel policy regarding compensation, including: 1. “Authority’s personnel policy contains a provision equating the salaries of positions in the Authority with salaries of positions either in the City government or the city School District. The policy equates the Director’s salary with a Principal in the Saratoga Springs School District, but does not specify which of the eight Principals it intended to equate the Director’s salary to.” (pages 12-13); Page 9 of 15 City Council Meeting 5/7/13 2. the Authority’s Personnel Policy equates the salary of the Authority’s Accountant with the Accountant position in the City of Saratoga Springs, which was eliminated and replaced by the Director of Finance, a position of similar responsibilities (page 17), and WHEREAS, the Audit makes findings and conclusions regarding certain compensation set by the Authority, including: 1. the Director’s compensation: a. exceeded the 2010-2011 salaries of all Principals in the Saratoga City School District (page 13); b. fell within the top 7 percent of housing authority executive directors on a nation-wide basis (page 13); c. fell within at least the top 25 percent of housing authority executive directors in the New York/New Jersey region (page 13); and d. exceeded four local housing authorities surveyed by OSC, including Plattsburgh, Troy, Schenectady, and Albany and in each of those cases, the housing authorities were responsible for significantly more tenant rentals than in Saratoga (page 14); 2. “the Authority did not pay the director in accordance with its policy.” (page 14); 3. the provisions of the Director’s employment contract “expose the Authority to substantial financial liabilities and provide only minimal protection from the Director’s abrupt departure…” (page 16); 4. “the current Accountant’s salary compares favorably with the City’s Finance Director and with the CFO’s in the other housing authorities. In addition, the Authority has achieved significant cost efficiencies by employing this individual.” (page 18). NOW, THEREFORE BE IT RESOLVED, the Saratoga Springs City Council (Council) accepts and upholds the Audit provided by OSC, and BE IT FURTHER RESOLVED, the Council considers the guidelines, statements, findings, conclusions, and recommendations in the Audit as an appropriate standard of review for employees’ compensation set by the Authority, and BE IT FURTHER RESOLVED, any presentation by the Authority to the Council of compensation for approval pursuant to Section 32 of the Public Housing Law of the State of New York shall be in accordance with the Audit’s guidelines, statements, findings, conclusions and recommendations. Commissioner Madigan moved and Commissioner Franck seconded to approve the resolution as distributed with the agenda and read with the corrections. Mayor Johnson stated he is concerned that a resolution of this sort is being brought forward by the City Council to accept and uphold and audit by the Office of the Comptroller. There is no obligation of the City to adopt or accept the findings. He is not sure what upholds means here. He questions if the Council should be imposing new conditions or further conditions on the Housing Authority. He also does not feel the first ‘WHEREAS’ statement is accurate. He can’t support it the way it is this evening. Commissioner Madigan stated we can remove the uphold clause. How are we going to approve or disapprove these salaries without putting forth some guidelines? We have more years of the Housing Authority coming forward with salaries than years they haven’t. This resolution was to scope out some level of fairness. We only approve or deny the salaries and have a record of that. Mayor Johnson stated the way he is reading the statement is the City is required to approve and he doesn’t feel that is what the law provides. Commissioner Madigan asked if that needs to be reworded. Mayor Johnson stated it does; the salaries are to be brought by the Authority to the Council. Matt Dorsey advised the 1st section can be changed to be more generic to say the City is required to abide by Section 32. Commissioner Franck stated one of the things the mayor asked of the audit, which was never answered, was the enforceability of this. We have not received salaries in 12 years. The other reason we have a problem is because the Housing Authority is on a fiscal year budget of July 1st to June 30th. He would like to get the salaries to approve them and would like to see the salaries all the way back. Commissioner Madigan advised yesterday afternoon the Housing Authority dropped off a box to her office. She has not had a chance to review what is in it. Commissioner Mathiesen stated he is comfortable with a resolution that the Housing Authority should present their budget and salaries to the City Council. He thought it was odd the audit didn’t mention Article 3, Section 32. He got a hold of a listing of all the New York State Housing Authorities and sent out 60 Page 10 of 15 City Council Meeting 5/7/13 emails regarding salary approvals. He received some answers which state salaries are submitted to common councils and some do not get approval. It is hard to say there is a rock solid interpretation of Article 3, Section 32. He is not comfortable with the wording of this resolution and couldn’t support it as it is written. Commissioner Franck stated he doesn’t think it is gray. Their budget is coming out and if we don’t approve it, then the mayor will have to make a choice. He is not sure why we don’t move forward with this. Best business practice for the City and the Authority is to have them follow the law. It is better to be safe than sorry. Commissioner Madigan stated she agrees, there is nothing murky about it. She would like to re-word the first paragraph and remove the ‘Now Be It Resolved’ clause. Commissioner Franck stated a resolution was done in 1998; this isn’t a new thing. Commissioner Mathiesen stated he thinks it is advisable for the Housing Authority to bring their salaries before the City Council. He feels there are some questions here and he is not comfortable with the first paragraph of the resolution. Matt Dorsey suggested changing the clause to state ‘Whereas the City of Saratoga Springs is required to abide by the provisions of Article 3 Section 32 of the New York State Public Housing Law…’. Commissioner Madigan asked the mayor if they removed the ‘Now Be it Resolved’, would he be more comfortable with this resolution. Mayor Johnson asked what is the resolution accomplishing. The Housing Authority is well aware of the HUD guidelines and already in effect. They are rules/guidelines the Housing Authority is bound by. Commissioner Madigan stated it put the City and the Housing Authority on notice. We need to start working with the Housing Authority. This is an effort to be fair to outline some guidelines for the City Council and the Housing Authority. Mayor Johnson stated the Authority is already on notice. They are aware of the HUD requirements and the findings of the audit. In his estimation this is making the relationship between the Authority and the City more adversarial. Commissioner Madigan moved and Commissioner Franck seconded to reword the first paragraph as stated by the city attorney and to remove the first ‘Now Therefore Be It Resolved’ clause and keep the rest the same. Commissioner Scirocco agreed with Commissioner Franck that they have been debating this for a long time. This would get the Housing Authority to the table. The overall resolution says we want to work with you and maybe we can be of some benefit to them. He doesn’t see a problem. Commissioner Mathiesen stated this is consistent with every other presentation to the City Council and with the slight change in language he is comfortable with it. There should be better communication and transparency with the Housing Authority. With the re-wording, he has no difficulty with approving this resolution. Ayes – 4 Nays – 1 (Mayor Johnson) Discussion and Vote: Standard Workday Resolution (13-154) Commissioner Madigan stated this resolution must be filed with the state to confirm and report standard workday information for people who are part of the retirement system. Resolution for the mayor was Page 11 of 15 City Council Meeting 5/7/13 previously prepared and approved by the City Council on June 5, 2012. During a recent examination of the Office of the State Comptroller, the record of activities was found to have a deficiency. A new record of activity had to be kept and then a new resolution prepared. Commissioner Madigan moved and Commissioner Franck seconded to approve the standard workday and recording resolution as distributed with the agenda. Mayor Johnson advised this is part of New York State’s paperwork overload. Ayes - All Discussion and Vote: Capital Budget Amendment – School District, 2013 Contribution for Capital Improvements to Recreation Fields (13-155) Commissioner Madigan advised this is in conjunction with capital project 1008 for improvements to the recreation fields. The contribution is in the amount of $30,000. This was described by the mayor previously. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 capital budget amend reflecting the school district 2013 contribution for capital improvements to the recreation fields which was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Budget Transfers – Payroll (13-156) 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 (13-157) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – benefits which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Amendments – Benefits (13-158) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget amendments – benefits which were distributed with the agenda. Ayes - All Announcement: Congratulations to Christine Gillmett-Brown, Director of Finance Commissioner Madigan congratulated Christine on being made president of the NYS GFOA. She will hold this position of 1 year. Page 12 of 15 City Council Meeting 5/7/13 PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Barton & Loguidice for Monitoring Services for Spring Run Trail (13-159) Commissioner Scirocco stated the Army Corp of Engineers’ permit requires the monitoring and annual reporting of mitigation areas. This addendum will provide for year 2 monitoring. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Barton & Loguidice in the amount of $8,975. Funding is in line A3031494 / 54746. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Conrady Consultant Services – Woodlawn Avenue Water Storage (13-160) Commissioner Scirocco advised the Department of Health requires water storage tank inspections every 5 years. Conrady Consultant Services provided the last 2 inspections of this tank for the City. The city will receive a report of the findings. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Conrady Consultant Services in the amount not to exceed $2,274. Funding is in line F3638324 / 54720. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Stilsing Electric Inc. – Water Treatment Plant (13-161) Commissioner Scirocco advised this change order #4 is for the installation of additional control cables and conduit to allow better turbidity data to get from the new control panels to the plant operator terminals. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign a change order with Stilsing Electric in the amount of $1,728. Funding is in line H3638332 / 52000 / 1184. Ayes - All Set Public Hearing: To Adopt the Urban and Community Forest Master Plan Commissioner Scirocco set a public hearing for Tuesday, May 21, 2013 at 6:30 p.m. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Verizon for Pole Attachment (13- 162) Commissioner Mathiesen advised this agreement is to allow the City to place and maintain cables. They were advised they originally completed an outdated application. They now have the correct application which has been completed, approved by Risk and Safety, and the city attorney. Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with Verizon. Page 13 of 15 City Council Meeting 5/7/13 Ayes - All Set Public Hearing: Amend Chapter 115 of city Code Entitled “Firearms” Commissioner Mathiesen set a public hearing for Tuesday, May 21, 2013 at 6:50 p.m. Discussion: Parking Regulations and Pedestrian Crossing Improvement Commissioner Mathiesen announced changes have been made recently to improve safety for pedestrians. The corner of Court Street and Spring Street now have crosswalks; the corner of Clinton Street and Division Street is a blind corner so a ‘No Parking Here to Corner’ sign was installed; and the corner of Thomas Street and West Harrison had a “No Parking Here to Corner” sign installed. He thanked the citizens for their involvement. Announcement: Department of Public Safety Forum on June 20, 2013 at 7 pm in the City Council Room Commissioner Mathiesen announced that the next Public Safety forum will be June 20th at 7 p.m. in the City Council Room. Announcement: 2013 COPS Hiring Program Grant Application Commissioner Mathiesen announced that Congressman Tonko has their administration aware that applications have been made available for fiscal year 2013 for a community oriented policing services hiring program. They will be applying for 3 positions. SUPERVISORS Joanne Yepsen Racing and Gaming Meeting in Albany with Governor’s Deputy Supervisor Yepsen reported there were updates for the next steps. It looks as if the leaders are going to work with the governor to attempt to pass the legislation. The governor still does not feel it is necessary to list the locations in the bill. Memorial Day Parade Update Supervisor Yepsen reported she approached the 3 veteran agencies regarding the Memorial Day Parade. The parade will be held May 23rd. The theme is Thank a Vet and they will honor Gene Corsale. County Meeting Updates Supervisor Yepsen reported there is a new job description for the Animal Shelter Director. Their Economic Development Committee voted to not award any additional funds to SEDC. They are looking to put together their own economic development corporation. She feels their decision is detrimental to the City. Supervisor Yepsen stated there were 3 responses to the landfill. Matt Veitch Racing Committee Page 14 of 15 City Council Meeting 5/7/13 Supervisor Veitch reported they met at the state last Thursday. It looks like there will be a regional set up for the casino. The bill will state casinos will be located in certain areas but not specific sites. They plan to meet again next month. Economic Development Committee – SEDC Decision Supervisor Veitch reported the Economic Development Committee voted to not renew the contract with SEDC for next year. Economic Development Committee is a subcommittee of the Board of Supervisors and does not have any authority to cancel any contracts. That would have to be done by resolution through the Board of Supervisors. The County can go forward with this, with or without our City’s vote. As a City we need to decide what we want and how we do it. If there are appointments to the County’s board, we need to make sure someone from the City of Saratoga Springs is appointed to that board. Commissioner Franck stated the County Supervisors vote for the budget. If it is not in the budget, you are voting to get rid of them. SEDC is located right here in the City and he doesn’t want people from the government running this stuff; $200,000 is not a lot of money. If you have one full time person plus benefits, $200,000 is not a lot. Supervisor Veitch stated he doesn’t disagree with Commissioner Franck and that is why we need to stay involved. If they are too negative, they won’t have a seat at the table. Commissioner Franck confirmed most of the supervisors are backing this. Supervisor Veitch stated that is correct. Commissioner Madigan stated SEDC has done so much for the County. She feels this is an unfortunate decision from the County. Commissioner Franck stated $200,000 for SEDC is huge; it might even put them under. Supervisor Veitch advised there will be a public hearing regarding the landfill on May 15th at 5:15 p.m. 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 9:56 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 5/21/13 Vote: 5 - 0 Page 15 of 15