City Council

June 4, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM – PH – Amend Chapter 225 of City Code Entitled “Vehicle and Traffic” 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Saratoga Arts Fest EXECUTIVE SESSION: none CONSENT AGENDA 1. Approval of 5/20/13 Pre-Agenda Minutes 2. Approve Budget Amendments (Increases) 3. Approve Budget Transfers - Regular 4. Approve Payroll 05/24/13 $401,264.10 5. Approve Payroll 05/31/13 $471,624.90 6. Approve Warrant: 2013 Mid – 13MWMAY3 $63,732.01 7. Approve Warrant: 2013 Reg – 13JUN1 $377,414.69 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Agreement with Pitney Bowes for Postage Machine 2. Discussion and Vote: Review of Personnel Files Policy 3. Discussion and Vote: Equal Employment Opportunity Policy 4. Discussion and Vote: Approve Salary for Human Resources Administrator 5. Set Public Hearing: Amend 2013 Capital Budget – Waterfront Park 6. Announcement: Completion of Railroad Run Trail 7. Announcement: Brown Bag Lunch ACCOUNTS DEPARTMENT 1. Award of Bid: Chemicals to Various Vendors 2. Discussion and Vote: SEDC Resolution 3. Announcement: Grievance Day Update 4. Announcement: PRIMA President’s Award to Marilyn Rivers FINANCE DEPARTMENT 1. Discussion and Vote: Budget Transfers - Payroll 2. Discussion and Vote: Budget Transfers - Benefits City Council Meeting 6/4/13 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Jersen Construction Group – Time Extension 2. Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Jersen Construction Group – Water Treatment Plant 3. Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with Barton & Loguidice P.C. for the DPW Highway Garage and Compost Facility Corrective Action Program 4. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Barton & Loguidice for the Water Treatment Plant Generator 5. Discussion and Vote: Sick Bank Request PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Amend Chapter 225 of the City Code Entitled “Vehicle and Traffic” 2. Discussion and Vote: Authorization for Mayor to Sign Contract with the County for STOP DWI 3. Discussion: Noise Ordinance 4. Announcement: DPS Forum on June 20, 2013 at 7:00 p.m. in City Council Room SUPERVISORS Joanne Yepsen 1. Saratoga County Veterans Peer to Peer Mentoring Program 2. Roundtable Meeting with Mac Holladay 3. Chamber of Commerce’s On Line Petition 4. Memorial Day Parade Matt Veitch 1. Trails Committee 2. Veterans Peer to Peer Mentoring Program 3. Racing Committee ADJOURN Page 2 of 12 City Council Meeting 6/4/13 June 4, 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 (arrived @ 7:03 p.m.) 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 Amend Chapter 225 of City Code Entitled “Vehicle and Traffic” Mayor Johnson opened the public hearing at 6:56 p.m. Commissioner Mathiesen advised this change relates to outstanding fines accumulated by an owner rather than outstanding fines against a vehicle. The owner will not have any of their vehicles released until all fines are paid. 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 Page 3 of 12 City Council Meeting 6/4/13 Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Johnson opened the public comment period at 7:01 p.m. Naomi Chavez of Jefferson Terrace stated she is proud to represent Saratoga as a junior pre-teen at the National American Miss Pageant. She is looking for sponsorships to cover the cost of the event. Dee Sarno of 3 Rose Ridge Court and member of the Senior Advisory Committee stated the senior population in Saratoga County is growing in great numbers. They are reaching out this month to seniors to come to the senior town hall meeting. Professor Crystal Moore will give a brief presentation. The meeting will be Thursday, June 13th at the Senior Center from 3 – 5 p.m. They encouraged community members to join them at the meeting. Lou Schneider of 5 Vallero Road stated the Friends of the New York State Military Museum will present Good Afternoon Vietnam. This will occur is Saturday, June 8th. Mayor Johnson closed the public comment period at 7:08 p.m. PRESENTATIONS Saratoga Arts Fest Supervisor Yepsen stated she is looking forward to the Arts Fest again this year. It is a 4 day event. Tonight, Maryellen Alaquin, the executive director of the Arts Fest is here to inform us of more information. Maryellen Alaquin stated she works closely with the Arts Council, but it is completely different. The Arts Fest promotes. This weekend is the 7th annual festival which consists of 4 days of events. The author of The Diary of a Whimpy Kid series will be here. The arts passes are selling out and there are year round benefits and discounts with the purchase of the arts pass. There are more than 40 partners/art organizations. Their web page is Saratogaartsfest.org. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 5/20/13 Pre-Agenda Minutes 2. Approve Budget Amendments (Increases) 3. Approve Budget Transfers - Regular 4. Approve Payroll 05/24/13 $401,264.10 5. Approve Payroll 05/31/13 $471,624.90 6. Approve Warrant: 2013 Mid – 13MWMAY3 $63,732.01 7. Approve Warrant: 2013 Reg – 13JUN1 $377,414.69 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Pitney Bowes for Postage Machine (13-180) Page 4 of 12 City Council Meeting 6/4/13 Mayor Johnson stated this is a renewal agreement. We are getting a new machine and the annual cost will be $1,836; a savings of $840 annually. Funding is in line A3011654 / 54730. Mayor Johnson moved and Commissioner Franck seconded to authorize the mayor to sign the agreement. Ayes - All Discussion and Vote: Review of Personnel Files Policy (13-181) Mayor Johnson stated this policy was reviewed by our human resource consultant and updated. This policy was originally adopted in 2005. The draft policies were sent by human resources to the city attorney for review and comment. The revised draft was sent to the deputy commissioners for their review and comment. The final draft is sent to the Council for approval at their Council meeting. This policy does not relate to City FOIL requests. Mayor Johnson moved and Commissioner Madigan seconded to adopt the policy as uploaded and listed. Ayes - All Discussion and Vote: Equal Employment Opportunity Policy (13-182) Mayor Johnson highlighted some of the changes as follows: the word ‘employment’ was added to the title and deleted the word ‘policy’; changed the word ‘provision’ to ‘principles’ under the policy; paragraph #3 was deleted as it was redundant; and paragraph 4 added Americans for Disabilities Act. Mayor Johnson moved and Commissioner Scirocco seconded to adopt the policy as listed in the agenda. Ayes - All Discussion and Vote: Approve Salary for Human Resources Administrator (13-183) Mayor Johnson advised the City has been operating under contract with a human resource service provider. It is his understanding that this Council would prefer to have an on staff human resource person. They have been reviewing salaries to determine what would be a fair salary to attract individuals. Based upon the information from the municipalities they reviewed and contacted, the human resource administrator can perform an array of activities. The testing for this position may be as far out as next March; it is a state driven test. They thought it appropriate to have a salary range or limit with an upper cap. The recommendation to the Council is to approve a salary up to $75,000 per year. Mayor Johnson moved and Commissioner Scirocco seconded to establish the salary for the position of human resource administrator of up to $75,000. Ayes - All Set Public Hearing: Amend 2013 Capital Budget – Waterfront Park Mayor Johnson set a public hearing for June 18, 2013 at 6:55 p.m. Page 5 of 12 City Council Meeting 6/4/13 Announcement: Completion of Railroad Run Trail Mayor Johnson announced they cut the ribbon to open Railroad Run Trail this past weekend. They had runners, bikers, rollerbladers, and others in attendance. He thanked the people who participated in the development of this trail over the past 16 years. Commissioner Scirocco gave credit to his deputy, Tim Cogan, and the guys. They put down rubble and blacktop on this trail. This is a dream that became a reality. Announcement: Brown Bag Lunch Mayor Johnson announced the next brown bag lunch is scheduled for June 13th from noon to 1 p.m. at the library. ACCOUNTS DEPARTMENT Award of Bid: Chemicals to Various Vendors (13-184) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Chemicals as follows:  Sodiumsilico fluoride and copper sulfate to Faesy & Besthoff for $72.00 per CWT and $182.00 per CWT respectively.  Polyaluminum Chloride to Holland Co. for $17.39 per CWT.  Hydrofluosilicic Acid, Sodium Hypochlorite 5 gallon, and Liquid Sodium Permanganate to Slack Chemical for $5.39 per gallon, $6.98 per 5 gallon drum, and $422.95 per 55 gallon drum respectively.  Sodium Hypochlorite to Surpass Chemical Co. for $.771 per gallon. Funding is in line F3638334 / 54141. Ayes - All Discussion and Vote: SEDC Resolution (13-185) Commissioner Franck stated Supervisor Yepsen will be our liaison with the County if the Council passes this tonight. Supervisor Yepsen advised this is in response to action taken by the Saratoga County Board of Supervisors Economic Development Committee. This has not gone before the full board yet. Once we start dividing, we do not conquer any more. A handout of Saratoga County’s profile was provided to the Council (Attachment A) that was provided at the Mac Holladay presentation. Mayor Johnson stated the roundtable was well attended. Mr. Holladay’s points are well taken, however he did have concern with some of his data not going back far enough to see a pattern. Commissioner Franck read the following into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A Saratoga Springs City Council resolution in support of the Saratoga County Board of Supervisors and Saratoga Economic Development Corporation continuing to work together as one team after three decades of significant success. WHEREAS, the Saratoga Economic Development Corporation (SEDC) “is a private sector, non-profit, consulting firm, established in 1978, that works to retain existing businesses while creating new jobs in Saratoga County, New York. SEDC is the central point of contact for business development and our mission is to create jobs and Page 6 of 12 City Council Meeting 6/4/13 diversify the tax base while improving the quality of life for the residents of Saratoga County” (http://www.saratogaedc.com/aboutsedc.php), and WHEREAS, the SEDC has done an outstanding job for the City of Saratoga Springs (City) and the County of Saratoga (County), attracting Global Foundries, securing companies such as Ball Metal Corp., Quad Graphics, State Farm Insurance and drawing many small businesses that have resulted in thousands of jobs and millions in tax revenues locally, and WHEREAS, the County has collaborated with SEDC for 35 years, developing a strong working relationship that has included support via an annual contract in the amount of $200,000, as well as a percentage of Saratoga County Industrial Development Agency (County IDA) revenue share, and WHEREAS, the nationally known economic development advisor J. Mac Holladay of Market Street Services, states clearly that development is a “team sport, not a partisan sport.” We should compete with those across the world not those who are in the same county. Moreover, neither the public sector not the private sector can be successful alone. Cities and counties that experience the most success are those that have a single point access for clients, i.e. potential businesses, and WHEREAS, research completed by Market Street Services shows that the economic growth of both the City, as the economic engine of the County, as well as the entire County, depends on creating strategies to 1) bring in more diversity of people, housing options and jobs, and 2) begin to intentionally recruit 25 – 34 year olds to live, work and raise their families in Saratoga County, and WHEREAS, the City benefits from the County’s relationship with SEDC, and WHEREAS, on May 1, 2013, the Economic Development Committee of the Saratoga County Board of Supervisors voted to not renew its $200,000 contract with the SEDC at the end of 2013, and is moving to form its own development authority, and WHEREAS, the positive results of the County’s investment, together with the Saratoga County Industrial Development Agency revenue share and SEDC membership dues, cannot be replaced by diverting resources and services to a County development authority, and the Saratoga Springs City Council does not favor the Saratoga County Economic Development Committee’s withdrawal of support from the SEDC and the creation of another, separate authority. NOW, THEREFORE BE IT RESOLVED, that the Saratoga Springs City Council encourages the Saratoga County Board of Supervisors to continue its prior relationship with SEDC through 2013 and beyond, and create a long range plan to tackle our economic challenges together, sharing resources, and working as a vibrant public/private joint effort and entity. BE IT FURTHER RESOLVED, that the Saratoga Springs City Council encourages the Saratoga County Board of Supervisors to continue the current model of a single development ‘agency’ to carry-out strategy and implementation for the entire county’s benefit. This consolidates resources, funding, energies and innovations and promotes county-wide collaboration, an invaluable asset to the economic development effort. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to Alan Gratidge, Chairman, County Board of Supervisors; Jack Lawler, Chairman, County Economic Development Committee; and Pam Hargrave, Clerk of the County Board of Supervisors. Commissioner Franck moved and Commissioner Madigan seconded to adopt the resolution as distributed with the agenda. Commissioner Franck further expressed that SEDC has helped some of the smallest businesses in our area. He has worked with Dennis Brobson for many years and anytime you call SEDC they are right there. He also thanked Lynn Bachner for helping write this resolution. Commissioner Scirocco stated SEDC works tirelessly. It is an outstanding organization and he is going to support this resolution. Hopefully this will carry some weight. Commissioner Madigan stated the best overall solution is to save this relationship. The goal is to continue the private/public partnership. Commissioner Mathiesen asked the supervisors what the reason this committee is giving the Board of Supervisors why this is a better move. Supervisor Veitch stated the County feels they are not getting the transparency and openness from them that they have requested. It is public/taxpayer dollars going to a not-for-profit agency. They asked for a seat at the table and the request was rejected. Hopefully this can be resolved before the end of the year. The reports are not detailed enough. Supervisor Yepsen stated a couple years ago SEDC was asked for more reporting and she thought they did a good job of that. SEDC is trying hard to maintain this relationship. She doesn’t think they are that far apart and is reconcilable. Page 7 of 12 City Council Meeting 6/4/13 Commissioner Franck stated his concern is this is the first shoe to drop; if this happens the chamber will be next on their target list. This is going to be devastating to SEDC. His next concern is that we could devastate the Chamber of Commerce. Supervisor Yepsen also advised the other potential harm is SEDC gets ¾ of every percent brought in with new projects and the County Board is talking about asking the IDA to send that to the County’s new economic development authority as opposed to the SEDC. Mayor Johnson stated he will be supporting this tonight as well. He is not normally in favor of symbolic measures and movements. He doesn’t want the people in our City to think we have such an influence as a City that we will be able to break the ‘stale mate’. Ayes – All Announcement: Grievance Day Update Grievance day was held on Tuesday, May 28th. There was a total of 165 grievance applications submitted for review to the Board of Assessment Review. The breakdown of the applications submitted is as follows:  79 - single family homes  21 - condos  5 - two family homes  1 - three family home  36 – commercial properties  23 – vacant parcels People who grieved their assessment will be notified of the board’s decision in writing. We will start to mail the notices of determination in approximately 2 weeks. Year # of Parcels 2006 130 2007 100 2008 129 2009 139 2010 165 2011 287 2012 182 2013 165 Announcement: PRIMA President’s Award to Marilyn Rivers Commissioner Franck announced that Marilyn Rivers, director of risk and safety for the City of Saratoga Springs is the first recipient of the PRIMA (Public Risk Management Association) President’s Award. This inaugural award is given to a member of PRIMA who has performed an outstanding service to the association. Marilyn is a long-time member of PRIMA, served on its board of directors for 4 years, and is the current chair of the education committee. The PRIMA Institute (PI) was re-launched in 2012 with more than 100 attendees; the most highly attended in PRIMA history. Marilyn and her team created a dozen 100-level educational sessions on topics such as defining the total cost of risk, the politics of risk, marketing your insurance program, cyber liability, basic enterprise risk management and safety leadership. She also spearheaded the reorganization of PRIMA’s online resource library – PRIMA Cybrary and is working on resuscitating the defunct New York chapter of PRIMA. Congratulations to Marilyn!! Page 8 of 12 City Council Meeting 6/4/13 Commissioner Mathiesen stated he was worked with Marilyn a number of times. He is impressed with Marilyn and the work she does. He too congratulated her as well. Mayor Johnson asked Commissioner Franck if data is kept of how many get reduced. Commissioner Franck stated we have that info by year, but he doesn’t have that info with him. Since he has put the assessments on line, it has been easier for people to obtain the information they need to grieve their assessment. Also, we offer a class each year on how to grieve your assessment which helps to educate people and help them to be more prepared. Mayor Johnson asked if someone comes to grieve their assessment, is the burden on the taxpayer or the City to show the comparable properties. Commissioner Franck advised the burden is on the taxpayer to make their argument. The board is made up of 5 independent people. FINANCE DEPARTMENT Discussion and Vote: Budget Transfers – Payroll (13-186) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (13-187) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2013 budget transfers – benefits which were distributed with the agenda. Ayes - All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Jersen Construction Group – Time Extension Commissioner Scirocco pulled this item from his agenda. Discussion and Vote: Authorization for the Mayor to Sign a Change Order with Jersen Construction Group – Water Treatment Plant (13-188) Commissioner Scirocco advised this change order is for $33,236 is a result of a request by Jersen to be compensated for abatement of previously unidentified and unknown asbestos materials in the filter boxes. This change order also includes an additional $1,380 for the expedited delivery of a valve. The amount of this change order was agreed upon by all parties as fair and equitable compensation for the additional work performed. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign a change order with Jersen Construction Group for the Water Treatment Plant in the amount of $33,236. Funding is in line H3638332 / 52000 / 1184. Page 9 of 12 City Council Meeting 6/4/13 Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement Addendum with Barton & Loguidice P.C. for the DPW Highway Garage and Compost Facility Corrective Action Program (13-189) Commissioner Scirocco stated this is for additional field inspection and engineering time. This project was done as part of the DEC Order of Consent. Barton & Loguidice spent additional time to bring this project to successful completion. This addendum will allow us to compensate them for the additional work. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement addendum #3 with Barton & Loguidice for the DPW Highway Garage and Compost Facility for the corrective action program in the amount of $5,886.50. Funding is in line H3031652 / 52000 / 1134 and H3031652 / 52000 / 1180. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Barton & Loguidice for the Water Treatment Plant Generator (13-190) Commissioner Scirocco advised the Department of Public Works requested electrical engineering proposals for design and construction inspection services for a new emergency generator at the water treatment plan. The City received 3 proposals of which Barton & Loguidice were the lowest. The Department of Health is requiring the City provide an emergency power source at the water treatment plant by the end of the year. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign and agreement with Barton & Loguidice for the water treatment plan generator in the amount of $39,700. Funding is in line H3638332 / 52000 / 1167. Ayes – All Discussion and Vote: Sick Bank Request (13-191) Commissioner Scirocco moved and Commissioner Mathiesen seconded to request a total of 19 ½ days from the sick bank for 2 DPW employees; one employee is requesting 9 days and the second employee is requesting 10 ½ days. Both requests have been approved by the CSEA union. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Amend Chapter 225 of the City Code Entitled “Vehicle and Traffic” (13-192) Commissioner Mathiesen announced the correct chapter number is 225 not 255. Secretary to the City Council confirmed the legal ad correctly stated chapter 225; the agenda had a typo. Commissioner Mathiesen moved and Commissioner Madigan seconded to amend chapter 225 of the City Code entitled “Vehicle and Traffic”. Ayes - All Page 10 of 12 City Council Meeting 6/4/13 Discussion and Vote: Authorization for Mayor to Sign Contract with the County for STOP DWI (13-193) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize the mayor to sign a contract with the County for the STOP DWI Program. Each year the City participates in this program with the County. The County shall distribute funds in the amount of $34,200 on a semi- annual basis. The first installment of $17,100 is payable upon execution of this contract; the second installment of $17,100 shall be payable no later than October 31, 2013. Ayes - All Discussion: Noise Ordinance Commissioner Mathiesen thanked the Accounts Department for tying the noise to their permits. There are still some problems and issues that need to be resolved. He invited businesses and individuals to look at what is going on this summer and what can be done to improve this situation. The forum in October can have a portion of it designated to address this issue. He believes a lot more can be done. Mayor Johnson asked how many warnings have been issued to establishments. Commissioner Mathiesen advised there is one establishment that has received several warnings and will not be having entertainment this year. Announcement: DPS Forum on June 20, 2013 at 7:00 p.m. in City Council Room Commissioner Mathiesen announced the next DPS forum is June 20th at 7 p.m. in the City Council Room. All are welcome to come and discuss their issues or concerns. SUPERVISORS Joanne Yepsen Saratoga County Veterans Peer to Peer Mentoring Program Supervisor Yepsen reported they received funding from the state to administer a program called Peer to Peer Mentoring Program. The research shows the most effective form of help for our veterans is from their peers. Roundtable Meeting with Mac Holladay Supervisor Yepsen reported Mac Holladay came in trying to answer 4 questions for them: what are the best practices we should consider, what is the competition doing, how do we measure results now, and what did you find out about your research on Saratoga. A lot of this information is very positive. She asked what other communities have done to attract young professionals. Based upon his research they said they need to feel welcomed and build networks, green space and ease of getting around, and social offerings. Chamber of Commerce’s on Line Petition Supervisor Yepsen reported the chamber is doing an online petition regarding bikes on trains. They are trying to get enough signatures to send the Amtrak president, Jim Boardman. She encouraged all to go on the chamber website to click that you are in favor of bikes on trains. Younger professionals are looking for things like this. Page 11 of 12 City Council Meeting 6/4/13 Memorial Day Parade Supervisor Yepsen thanked all who participated in the Memorial Day Parade and all who helped make the parade happen. Matt Veitch Trails Committee Supervisor Veitch reported they will be meeting Thursday of this week. They will discuss the County Forest Trail Program and they are opening a trail in Moreau this year which will be good for horse riding. Veterans Peer to Peer Mentoring Program Supervisor Veitch reported on June 13th the Peer to Peer Program will be kicked off. The County is looking for veterans who could be a mentor. Racing Committee Supervisor Veitch reported they will be meeting on Thursday. Skip Carlson will be in attendance 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 8:33 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/2/13 Vote: 5 - 0 Page 12 of 12