City Council

June 18, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 P.M. – P.H. – Amend 2013 Capital Budget Waterfront Park 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 6/11/13 City Council Meeting Minutes 2. Approval of 6/3/13 Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 6/7/13 $414,063.70 6. approve Payroll 6/14/13 $399,572.59 7. Approve Warrant: 2013 Mid – 13MWJUN1 $510,288.79 8. Approve Warrant: 2013 REG – 13JUN2 $528,648.34 MAYOR’S DEPARTMENT 1. Discussion: Comprehensive Plan Review Update 2. Discussion: 2013 Community Development Block Grant Funding Update 3. Appointment: Complete Streets Committee 4. Discussion and Vote: Amend 2013 Capital Budget – Waterfront Park 5. Discussion and Vote: Approval of the Hoop-It-Up Grade 9-12 Division Program at Recreation Center 6. Discussion and Vote: Approval of Summer Adult Basketball League with Team Fee 7. Discussion and Vote: Update Recreation Department Fees – Summer Adult Basketball Program and Hoop-It-Up Grade 9-12 Division 8. Discussion and Vote: Accept Donations for Camp Saradac Scholarships 9. Discussion and Vote: Approval for the Mayor to Sign the 2013 Transportation Agreement for Camp Saradac 10. Announcement: Recreation Registrations 11. Announcement: Saratoga Springs Recreation Center Playground Expansion Complete 12. Discussion and Vote: Accept Donation for Summer Concert Series 13. Discussion and Vote: Authorization for Mayor to Sign Agreement with Skip Parsons Clarinet Marmalade Quartet for Summer Concert Series 14. Discussion and Vote: Authorization for Mayor to Sign Agreement with Peg Delaney for Summer Concert Series 15. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fresh for Summer Concert Series City Council Meeting 6/18/13 16. Discussion: Update on NYRA Advisory Board Public Forum June 11, 2013 Re: Saratoga Race Course Development Plan ACCOUNTS DEPARTMENT 1. Award of Bid: Pre-Cast Curbs to Fort Miller Co., Inc. 2. Award of Bid: Sale of Used Vehicles and Equipment to Various Bidders 3. Award of Bid: Pre-Cast Manholes, Catchbasin, Risers, Dry Wells and Frames/Covers to Pallette Stone Corp. 4. Set Public Hearing: Amend Chapter 215 of the Code of the City of Saratoga Springs – Taxicabs FINANCE DEPARTMENT 1. Discussion: City Housing Initiatives 2. Discussion and Vote: 2013 Finance Policies and Procedures Update 3. Discussion and Vote: Authorization for the Mayor to Sign Agreement with SunEdison for the Spa Solar Park Development Project – Feasibility Study 4. Discussion and Vote: Use of Reserve – Water System Reserve Funds 5. Discussion and Vote: Resolution – Saratoga Springs Housing Authority FY12-13 6. Discussion and Vote: Resolution – Saratoga Springs Housing Authority FY13-14 7. Announcement: 2013 Bond Rating and Sale 8. Announcement: 2014 Budget Call Letter 9. Discussion and Vote: Capital Budget Amendment – Waterfront Project 10. Discussion and Vote: Budget Transfers – Payroll 11. Discussion and Vote: Budget Transfers – Benefits 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 Agreements for the Display of the En Pointe Sculptures at Various Locations 3. Announcement: Paving Schedule 4. Discussion: Update on Ballston Avenue Traffic Safety Improvement Project PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to Increase Salary of Part Time Public Safety Helper 2. Announcement: DPS Forum on June 20, 2013 at 7:00 p.m. in City Council Room SUPERVISORS Joanne Yepsen 1. Report from the Full Board Meeting 2. Sale of the County Landfill 3. County Racing Committee Update 4. County Social Programs Report 5. Veterans Peer to Peer Program Kickoff 6. Recognition of the Saratoga Rowing Association Matthew Veitch 1. Trails Committee 2. Public Safety Committee 3. Sale of Saratoga County Landfill ADJOURN Page 2 of 17 City Council Meeting 6/18/13 June 18, 2013 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Matt Dorsey, City Attorney Matthew Veitch, Supervisor Joanne Yepsen, Supervisor 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 2013 Capital Budget – Waterfront Park Mayor Johnson opened the public hearing at 6:56 p.m. Mayor Johnson stated this is for a reduction to the capital budget line from $800,000 to $650,000. 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 17 City Council Meeting 6/18/13 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. No one spoke. Mayor Johnson closed the public comment period at 7:01 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 6/11/13 City Council Meeting Minutes 2. Approval of 6/3/13 Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 6/7/13 $414,063.70 6. approve Payroll 6/14/13 $399,572.59 7. Approve Warrant: 2013 Mid – 13MWJUN1 $510,288.79 8. Approve Warrant: 2013 REG – 13JUN2 $528,648.34 Ayes – All MAYOR’S DEPARTMENT Discussion: Comprehensive Plan Review Update Mayor Johnson stated the Comprehensive Plan review has commenced. The committee had their first meeting on May 14th to discuss what it is and outline the tasks for the committee. They provided initial thoughts about adopted Comprehensive 2001 vision. They will meet the third Monday of each month from 6 – 8 p.m. at the Recreation Center. Meetings are open to the public. The next meeting is July 15th. The Committee discussed themes from the first public workshop and were introduced a report card tool system to help them evaluate the content of the current Comprehensive Plan. There will be an opportunity for the public to share their ideas on June 26th from 9 a.m. – 7 p.m. and June 27th from 9 a.m. – 12 p.m. at the Universal Preservation Hall. The project team will also be holding stake holder group meetings in the future. Meetings will be recorded and available on the City’s website along with meeting summaries and presentations. The public can also provide input on a 24 hour a day basis at www.engagesaratoga.com or email comments directly to Bradley Birge in the Planning Department. Commissioner Madigan asked if any person of the public will be available to attend any of the working group meetings. Mayor Johnson advised he thought it would depend upon the matter in front of the committee. Commissioner Madigan advised she received a call directly from Jackie Haykes. She asked if the plan is for the working group to meet with each commissioner. Mayor Johnson advised he would expect any elected official to be a stake holder. Discussion: 2013 Community Development Block Grant Funding Update Page 4 of 17 City Council Meeting 6/18/13 Mayor Johnson advised we have received more money through the federal funding so the allocations will be higher for each recipient. The recipients are: Domestic Violence/Rape Crisis, Literacy New York Greater Capital Region, Inc., Senior Citizen Center, Legal Aid, Catholic Charities, Saratoga Sponsor A Scholar, Mother Susan Anderson Emergency Shelter, Saratoga Hospital, Saratoga Affordable Housing Group, DPW – Senior Citizen Center, DPW, Frederick Allen Lodge, Rebuilding Together Saratoga County, Inc., Mother Susan Anderson Emergency Shelter, and the City administration. The amount originally was $336,320 and the new amount is $352,241; a 4.7% increase. Appointment: Complete Streets Committee Mayor Johnson announced the terms are 2 years and due to expire on June 19, 2013. He is pleased to announce he is reappointing Maureen Roberts, M.D., Lou Schneider, and Steven Godlewski. Discussion and Vote: Amend 2013 Capital Budget – Waterfront Park (13-194) Mayor Johnson moved and Commissioner Franck seconded to amend the 2013 capital program for the Waterfront Park project to reduce the budget of $800,000 to $650,000. Ayes - All Discussion and Vote: Approval of the Hoop-It-Up Grade 9-12 Division Program at Recreation Center (13- 195) John Hirliman of the Recreation Department advised this is to approve the fee for the program at $35 for a city resident and $45 for non-school district resident and $45 for non-city/non-school district resident. It is a 7 week program. Mayor Johnson moved and Commissioner Franck seconded to approve the program as described. Ayes – All Discussion and Vote: Approval of Summer Adult Basketball League with Team Fee (13-196) John Hirliman stated the team fee is $200. This is the first time they are running an adult basketball program. The goal is to run a small league this summer and gearing up to run a full league in the fall. Mayor Johnson moved and Commissioner Scirocco seconded to approve the league as described. Ayes – All Discussion and Vote: Update Recreation Department Fees – Summer Adult Basketball Program and Hoop-It-Up Grade 9-12 Division (13-197) John Hirliman stated they would like to add the Hoop-It-Up and Summer Adult Basketball League fees to the Recreation Department fees and upload these fees to the web site. Mayor Johnson moved and Commissioner Madigan seconded to approve the fees as listed and described. Ayes – All Discussion and Vote: Accept Donations for Camp Saradac Scholarships (13-198) John Hirliman advised they received $4,315 from the Franklin Community Center for scholarships for specific campers, $32,000 from the Hawley Foundation for scholarships, and $1,430 for scholarships. Page 5 of 17 City Council Meeting 6/18/13 Mayor Johnson disclosed he is on the board of the Hawley Foundation, however since this is a donation he doesn’t feel it constitutes a conflict. Mayor Johnson moved and Commissioner Madigan seconded to accept the scholarships as described. Ayes – All Discussion and Vote: Approval for the Mayor to Sign the 2013 Transportation Agreement for Camp Saradac (13-199) John Hirliman advised they are looking to sign the transportation agreement with the school district to transport the kids to and from the Recreation Center for camp fieldtrips. The bus rental is $25 per bus per day and the mileage reimbursement is $2.06 this year compared to $2.02 last year. Funds are in lines A3567154 / 54530 and A3567154 / 54520. Mayor Johnson moved and Commissioner Madigan seconded to accept the agreement as described. Ayes - All Announcement: Recreation Registrations John Hirliman announced the programs can be found on www.saratoga-springs.org under recreation registration. He listed the following programs that are open for registration: fall soccer program, fall volleyball, kinderskate program, summer clinics, and summer ice schedule. Announcement: Saratoga Springs Recreation Center Playground Expansion Complete John Hirliman announced the south side recreation playground has been completed. They received $36,969 from the Community Development Block Grant which allowed them to expand the area by 890 square feet. He thanked everyone who supported the program; especially Doug June and Kathy Lanfear who worked on the grant. Discussion and Vote: Accept Donation for Summer Concert Series (13-200) Mayor Johnson advised a donation of $100 was received from Price Chopper for the Summer Concert Series. Mayor Johnson moved and Commissioner Madigan seconded to accept the donation. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Skip Parsons Clarinet Marmalade Quartet for Summer Concert Series (13-201) Mayor Johnson advised this is for July 7, 2013 in the amount of $500. The funding is in line A3517524 / 54172. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Peg Delaney for Summer Concert Series (13-202) Page 6 of 17 City Council Meeting 6/18/13 Mayor Johnson advised this agreement is for July 14, 2013 in the amount of $500. The funding is in line A3517524 / 54172. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fresh for Summer Concert Series (13-203) Mayor Johnson stated this agreement is with Fresh for July 21, 2013 in the amount of $300 under line A3517524 / 54172. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement. Ayes – All Discussion: Update on NYRA Advisory Board Public Forum June 11, 2013 Re: Saratoga Race Course Development Plan Mayor Johnson advised the forum was held June 11th at the City Center. Paul Roberts from Turnberry Consultants presented the plan. This plan is for capital improvements and restorations to the racecourse. Turnberry Consultants’ expertise is the reconstruction of racetracks around the world. The dormitories are being worked on now and the best estimate is the end of 2014 season to launch the real renovations. ACCOUNTS DEPARTMENT Award of Bid: Pre-Cast Curbs to Fort Miller Co., Inc. (13-204) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for pre-cast curbs to Fort Miller Co., Inc. They were the only bidder. Funding is in line A3335014 / 54180. Ayes - All Award of Bid: Sale of Used Vehicles and Equipment to Various Bidders (13-205) Commissioner Franck moved and Commissioner Madigan seconded to award the bid for the Sale of Used Vehicles and Equipment as follows:  Dodge Ram Quad Cab Pick-Up to Saratoga County LETS for $876.86  Ford Pick-Up C67998 to Ed Loyas Auto Parts for $525.00  Dodge Ram 2500 Pick-Up to Mark Milks for $1,000.00  Dodge 2500 Pick-Up to Mark Milks for $800.00  GMC 3500 Chassis Cab/boom to Saratoga County LETS for $3,026.15  Dodge 2500 Pick-Up to Ed Loyas Auto Parts for $400.00  Dodge 2500 Pick-Up to Ed Loyas Auto Parts for $450.00  Ford Taurus Wagon to Ed Loyas Auto Parts for $350.00  Ford Taurus Sedan to Ed Loyas Auto Parts for $325.00 Page 7 of 17 City Council Meeting 6/18/13  Dodge Ram 2500 Pick-up to Saratoga County LETS for $620.00  Ford F350 Pick-Up to Allan Wood for $352.00  Ford F150 Pick-Up to Ed Loyas Auto Parts for $350.00  Ford F250 Pick-Up to Ed Loyas Auto Parts for $375.00  Dodge Cargo Van to Ed Loyas Auto Parts for $325.00  International Dump Truck to James Mulenky for $2,630.00  International Dump Truck to James Mulenky for $2950.00  Bri Mar Trailer to Saratoga County LETS for $1,017.11  Toro Mower to Saratoga County LETS for $306.11  B Foster Trailer to Gary Benicasa for $973.00  Bri Mar Trailer to MR Parillo for $1,227.17 All of the above bidders were the highest bidders on each item. Ayes - All Award of Bid: Pre-Cast Manholes, Catchbasin, Risers, Dry Wells and Frames/Covers to Pallette Stone Corp. (13-206) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Pre-Cast Manholes, Catchbasins, Risers, Dry Wells and Frames/Covers to Pallette Stone Corp. for various prices. They were the lowest bidder. Funding is in line A3335014 / 54180. Ayes – All Set Public Hearing: Amend Chapter 215 of the Code of the City of Saratoga Springs – Taxicabs Commissioner Franck set a public hearing for Tuesday, July 2nd at 6:55 p.m. and Tuesday, July 16th at 6:55 p.m. for Local Law #1 of 2013 to amend chapter 215 of the City code for taxicabs. Copies of the proposed amendment are available in the City Clerk’s Office and on the City’s web page. Marilyn Rivers stated her piece is the introduction to the NYS LENS program. The City will enter into a database all the taxi drivers’ and owners’ that will be driving taxicabs in Saratoga Springs. The Department of Motor Vehicles will share information daily and that information will be provided to the Commissioner of Accounts to determine how to proceed with designated staff. Tony Izzo, assistant city attorney, advised the major change that brought all this about is the definition of taxicab owner and taxicab driver. Until now, a person was not able to run a taxicab company and not own their own vehicles. Also, under this ordinance a taxicab is a vehicle for which payment and services are requested are made to a vehicle in service on the street. Limos and private cars are not taxicabs. FINANCE DEPARTMENT Discussion: City Housing Initiatives Commissioner Madigan stated last year the Planning Department recommended the Council look into city housing initiatives on two parcels that were part of our in-rem process. Those properties are located at 195 Division Street and 26 Cherry Street. There are some organizations interested in working with the City regarding the properties; Habitat for Humanity and Saratoga Builders. This would provide the opportunity to provide the housing and the land for an affordable housing effort. There will be more of an update at the Page 8 of 17 City Council Meeting 6/18/13 next Council meeting. She believed Brad Birge will be at the next meeting with representatives regarding this initiative. Mayor Johnson stated they thought it would be more appropriate to bring in our ‘partners’ that will be working with us on this initiative. They will be here July 2nd to describe this. Discussion and Vote: 2013 Finance Policies and Procedures Update (13-207) Commissioner Madigan stated the finance policy and procedure manual is reviewed regularly. The Accounts Department requested a small revision to the Capitalization Policy under procedures from Inventory Clerk to Accounts Department Assistant to reflect the new job title. The most substantial change to the policies is the fund balance policy. The range has been revised to 10% minimum to a 15% maximum; the old range was 10% minimum to a 12.5% maximum. If the level falls below 10% of the general operating budget, the Commissioner of Finance must prepare a plan to present to the City Council to restore the balance and if it is above that level, the Commissioner of Finance will make a recommendation to Council by vote to use the excess funds. Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 Finance policies and procedures as distributed with the agenda and made available on the public drive. The motion includes the revision to the Capitalization Policy whereby Inventory Clerk is replaced with the Accounts Department Assistant. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement with SunEdison for the Spa Solar Park Development Project – Feasibility Study (13-208) Commissioner Madigan advised the bid was awarded to SunEdison at the May 21, 2013 City Council meeting. One of the first steps is the feasibility study. This gives SunEdison permission to enter to property. Commissioner Madigan moved and Commissioner Mathiesen seconded to authorize the mayor to sign the agreement with SunEdison as distributed with the agenda. Ayes - All Discussion and Vote: Use of Reserve – Water System Reserve Funds (13-209) Commissioner Madigan advised this is a capital reserve fund that was established by finance in June 2012 for the purpose of funding capital improvements to the City’s water system. There was a fee established by DPW to fund it and appears on each water bill. As of 5/31/13 there is $229,480.86 in the water system reserve fund. DPW is asking to use $200,000. Commissioner Madigan moved and Commissioner Mathiesen seconded for Council approval of the reserve resolution - water system reserve fund as previously distributed with the agenda. If approved, this will allow the Public Works Department to use $200,000 from the water system reserve fund for capital improvement to water system as called for by 2013 water budget. The resolution as distributed is as follows: RESOLUTION (For Expenditure of Water System Reserve Funds) WHERAS, the City Council of the City of Saratoga Springs established the Water System Reserve Fund on June 5, 2012 for the purpose of “to accumulate moneys to finance a type of capital improvement, specifically, improvements to the City water system” and WHEREAS, a $200,000 expenditure is required to finance capital improvements to the City’s Water System as provided for in the 2013 Water Fund Adopted Budget and is in accordance with the purposes of the Water System Reserve Fund; Page 9 of 17 City Council Meeting 6/18/13 NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure is hereby approved as authorized as in accordance with the Water System Reserve Fund. Ayes - All Discussion and Vote: Resolution – Saratoga Springs Housing Authority FY12-13 (13-210) Commissioner Madigan advised this resolution is for the Council to review the Saratoga Springs Housing Authority compensation for the fiscal year 2012 – 2013 per article 3, section 32 of the New York State Housing Law. She provided a recap of the Saratoga Springs Housing Authority salaries presented to the City Council by the Housing Authority. While it is after the fact, she feels it is important to now make a clear record since the receipt of Dr. Weller’s March 2013 letter states no action by the Council may indicate approval of the salaries. Commissioner Madigan read the following resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY 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 regarding compensation for the employees of the Saratoga Springs Housing Authority (hereinafter “the Authority”), and WHEREAS, on May 7, 2013 the Saratoga Springs City Council (hereinafter “the Council”) passed a resolution stating: 1. NOW, THEREFORE BE IT 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 2. 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. WHEREAS, the Audit referred to in the Council’s resolution of May 7, 2013 was the Saratoga Springs Housing Authority Board Oversight and Internal Controls Over Payroll and Employee Benefits Report of Examination performed by the Office of the New York State Comptroller #2012M- 136 (hereinafter “the Audit”), and WHEREAS, in conjunction with providing guidelines for payroll and compensation, and citing Authority personnel policy, the Audit makes the following findings and conclusions regarding certain compensation set by the Authority: 1. the Director’s compensation: a. exceeded the 2010-2011 salaries of all the 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 (page14); 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 CFOs in the other housing authorities. In addition, the Authority has achieved significant cost efficiencies by employing this individual.” (page 18), and WHEREAS, attached hereto is the FY 2012-2013 Schedule of All Positions and Salaries (Attachment A) submitted by the Authority to the Mayor on or about September 18, 2012 in conjunction with the Authority’s September 18, 2012 presentation to the City Council, and again submitted to the Council on May 6, 2013 in response to the May 15, 2012 Memo and April 5, 2013 letter, both from the Commissioner of Finance, and WHEREAS, there is no difference in the salaries described in Attachment A for the Executive Director and the Accountant and those reviewed by the Office of the State Comptroller in its Audit herein referenced, and WHEREAS, the Council has been provided no comparative compensation data or other information sufficiently supporting or explaining the compensation described in Attachment A, or addressing the guidelines, statements, findings, conclusions, and recommendations discussed in the Audit. NOW, THEREFORE BE IT RESOLVED that in accordance with Section 32 of the Public Housing Law of the State of New York, based on the guidelines, statements, findings, conclusions and recommendations contained in the Audit of the Saratoga Springs Housing Authority by the Office of the New York State Comptroller, the Council disapproves the compensation of the employees of the Saratoga Springs Housing Authority as set forth in the attached FY 2012-2013 Schedule of All Positions and Salaries, with the exception of the compensation for the Accountant. Commissioner Madigan moved and Commissioner Franck seconded to request Council approval of the resolution as distributed with the agenda. **Schedule of salaries is attached to minutes – Attachment A) Commissioner Franck confirmed a vote in the affirmative would result in agreement to disapprove all salaries except the accountant. The reason the account would be ok is because the audit brought forth comparable salaries. Page 10 of 17 City Council Meeting 6/18/13 Commissioner Madigan advised that is correct. Commissioner Franck confirmed the next resolution is asking we approve all salaries except the executive director. Commissioner Madigan stated that is correct; the approval is for all except for the executive director and the executive secretary. Commissioner Franck stated in his review of salaries from 2000 to 2007/2008, there were no major hiring differences and mostly cost of living increases. He has issues in 2007/2008, 2008/2009, 2009/2010, 2010/2011, and 2011/2012. There are 5 budget years that are not being brought forward. Commissioner Madigan indicated she is not bringing those forward as she does not have enough information on those years. Commissioner Franck stated the 2012/2013 budgeted salary for the executive director was $144,321. The proposed 2013-2014 budgeted salary is $144,921. The resolution brings up reasons why this amount doesn’t fit any matrix. He spoke to a retired judge who feels this salary is outrageous. He looked at local city judge salaries and found Albany pays $113,900; Gloversville pays $108,800; $108,800 in Glens Falls; $108,800 in Plattsburgh; $108,800 in Saratoga Springs; $108,800 in Schenectady; and $113,900 in Troy. They are all $30,000 - $40,000 less than the Housing Authority. He also looked at the sheriff, which may go down with the election, $113,304; our district attorney is $136,951.36; and a supreme court judge is $136,700. None of these people were getting the perks like vehicles. He can’t support this person’s salary. Commissioner Madigan stated it is important to point out the audit states it exposes the Authority to substantial financial liabilities in terms of an abrupt departure of the executive director. Commissioner Franck advised the principal salaries Mr. Weller has brought forward were skewed as they didn’t have a contract so they were getting retroactive pay of 3 years; then the salaries went back down. Commissioner Mathiesen stated he thought the comparables of salaries were submitted to the City in the corrective action plan. Commissioner Madigan stated we are supposed to vote based upon the information provided to us by the Housing Authority and they did not present anything. Commissioner Mathiesen stated we should consider some balance here. He doesn’t think Mr. Spychalski is outrageously overpaid. It is a shame we haven’t heard more from the Housing Authority to explain the salaries and their operating expenses. Mr. Spychalski’s salary was increased over a period of time. Commissioner Madigan stated his salary doubled in 4 years. She can’t defend that; the salary went from $72,000 to $144,000 plus a $10,000 bonus. Commissioner Mathiesen stated they should hear from the Housing Authority. He would have the Housing Authority come to us to explain how this came about. Commissioner Franck stated we have been discussing this for 18 plus months. Commissioner Madigan advised she does not have a corrective action plan. Commissioner Mathiesen stated we can go over it with them. Commissioner Madigan stated our role is to approve or disapprove of the salaries. Commissioner Mathiesen stated it should be the mayor to do so as he appoints all members of the board. Page 11 of 17 City Council Meeting 6/18/13 Mayor Johnson stated he has been trading phone calls with the Housing Authority but has spoken with Dr. Weller this afternoon on these issues. He expressed the lack of comparables. He doesn’t feel the Council has the proper comparables to determine if the salaries are within the comparable range they are required to be. The Housing Authority is responsible to bring those comparables forward. His problem is the lack of data. The Housing Authority has also unionized so there is a union contract in play now. He is inclined to say he will disapprove them and recommend they come back and provide that data so they can make an informed decision. Commissioner Franck asked Mayor Johnson if he is agreeable to the findings of the Comptroller’s Report. Mayor Johnson stated he is not approving the salaries based upon the lack of data. Commissioner Scirocco asked we do need to get them to the table and we need to hear from them. Mayor Johnson stated he didn’t agree with some of the prior votes on some of the issues recited in the resolution. He doesn’t want his vote to be misconstrued as changing his prior votes. Commissioner Franck asked Mayor Johnson if he is agreeable to what the Comptroller’s Report stated on the salaries. Mayor Johnson he is agreeable to the findings made in the context of an audit. His vote tonight is he is not approving the salaries based upon the lack of data before the Council. Commissioner Scirocco asked if HUD approved all these salaries. Commissioner Franck stated there were new guidelines that came out. Commissioner Madigan stated she believed his salary exceeds the HUD guideline. Ayes – 4 Nays – 1 (Commissioner Mathiesen) Discussion and Vote: Resolution – Saratoga Springs Housing Authority FY13-14 (13-211) Commissioner Madigan stated this resolution is for the Council to review the Saratoga Springs Housing Authority compensation for the fiscal year 2013 – 2014 per article 3, section 32 of the New York State Housing Law. The Council is in a different circumstance for 2013/2014 as a CSEA contract was negotiated and agreed to and is effective March 2013 – June 2016. This contract covers all Saratoga Springs Housing Authority employees and positions except the executive director and the executive secretary. It described salaries. It seems appropriate to conclude that fair and reasonable salaries were negotiated. This resolution approves all salaries for fiscal year 2013/2014 except for those not covered by the CSEA contract. Commissioner Madigan read only the second page into the record as the first page of this resolution is the same as the first page of the resolution read in the agenda item above. The entire resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY 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 regarding compensation for the employees of the Saratoga Springs Housing Authority (hereinafter “the Authority”), and WHEREAS, on May 7, 2013 the Saratoga Springs City Council (hereinafter “the Council”) passed a resolution stating: 3. NOW, THEREFORE BE IT 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 4. 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. Page 12 of 17 City Council Meeting 6/18/13 WHEREAS, the Audit referred to in the Council’s resolution of May 7, 2013 was the Saratoga Springs Housing Authority Board Oversight and Internal Controls Over Payroll and Employee Benefits performed by the Office of the New York State Comptroller #2012M-136 (hereinafter “the Audit”), and WHEREAS, in conjunction with providing guidelines for payroll and compensation, and citing Authority personnel policy, the Audit makes the following findings and conclusions regarding certain compensation set by the Authority: 5. the Director’s compensation: e. exceeded the 2010-2011 salaries of all the Principals in the Saratoga City School District (page 13); f. fell within the top 7 percent of housing authority executive directors on a nation-wide basis (page 13); g. fell within at least the top 25 percent of housing authority executive directors in the New York/New Jersey region (page 13); and h. exceeded four local housing authorizes 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 (page14); 6. “the Authority did not pay the Director in accordance with its policy.” (page 14); 7. 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); 8. “the current Accountant’s salary compares favorably with the City’s Finance Director and with the CFOs in the other housing authorities. In addition, the Authority has achieved significant cost efficiencies by employing this individual.” (page 18), and WHEREAS, attached hereto is the FY 2013-2014 Schedule of All Positions and Salaries (Attachment A) submitted to the Council on May 6, 2013 in response to the May 15, 2012 Memo and April 5, 2013 letter, both from the Commissioner of Finance, and WHEREAS, the 2013-2014 compensation of all Authority employees, with the exception of the Executive Director and the Account Clerk/Typist, were agreed to pursuant to a collective bargaining agreement between the Authority and Civil Service Employees Association, Local 1000, signed on March 22, 2013, after both parties were represented by competent counsel, and WHEREAS, the salaries described in Attachment A for the Executive Director and the Accountant and those reviewed by the Office of the State Comptroller in its Audit herein referenced are substantially similar, and WHEREAS, the Council has been provided no comparative compensation data or other information sufficiently supporting or explaining the compensation described in Attachment A for the Executive Director and Account Clerk/Typist of the Authority, or addressing the, guidelines, statements, findings, conclusions, and recommendations discussed in the Audit. NOW, THEREFORE BE IT RESOLVED, that in accordance with section 32 of the New York Public Housing Law and based on the guidelines, statements, findings, conclusions, and recommendations of the Audit of the Saratoga Springs Housing Authority by the Office of the New York State Comptroller, for the year 2013-2014, the City Council approves all compensation for those employees of the Saratoga Springs Housing Authority that was reached pursuant to the collective bargaining agreement signed by the Saratoga Springs Housing Authority and Civil Service Employees Association, Local 1000 dated March 22, 2013, and BE IT FURTHER RESOLVED, that in accordance with section 32 of the New York Public Housing Law and based on the guidelines, statements, findings, conclusions, and recommendations of the Audit of the Saratoga Springs Housing Authority by the Office of the New York State Comptroller, for the year 2013-2014, the City Council disapproves the compensation for the Executive Director and the Account Clerk/Typist of the Saratoga Springs Housing Authority. Commissioner Madigan moved and Commissioner Franck seconded request for Council approval of the resolution distributed with the agenda. Commissioner Mathiesen stated he can’t vote for this for the same reasons he stated previously. Commissioner Madigan stated for the record that the executive secretary is the same as the account clerk/typist. Mayor Johnson stated he will not repeat his comments from the last resolution, but his vote should not be misconstrued as having changed. He is voting in favor of this to disapprove 2 of the salaries and approve the unionized staff compensation as it was a collective bargaining agreement reached at arms length with both sides having competent legal counsel. Ayes – 4 Nays – 1 (Commissioner Mathiesen) Announcement: 2013 Bond Rating and Sale (13-212) Commissioner Madigan announced the City’s bond rating was completed on June 5th. S & P held firm on the City’s bond rating – AA+. This is a high rating for a municipality. Commissioner Madigan advised the bond sale took place on June 12th with the highest bid being 4.3% and the low bid was 3.37%. Bond amounts totaled $4,278,499 which covers the 2013 capital budget and several capital budget amendments. Page 13 of 17 City Council Meeting 6/18/13 Mayor Johnson clarified the bond rating is a continuation of a rating we already enjoyed. Announcement: 2014 Budget Call Letter Commissioner Madigan announced the call letter will be going out next week. She recommended that all departments keep their requested budgets within the confines of the 2013 adopted budget amounts. They will be available for any assistance needed to put together budgets. Discussion and Vote: Capital Budget Amendment – Waterfront Project (13-213) Commissioner Madigan stated the amendment reduces the amount to be received by grant and corresponding matching funds as the City did not receive as much as estimated at the time of the budget. Commissioner Madigan moved and Commissioner Franck seconded to request Council approval of the 2013 budget amendment – capital budget for the Waterfront project, 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 (13-214) 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 (13-215) Commissioner Madigan moved and Commissioner Franck 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 (13-216) Commissioner Scirocco stated this change order extends the time for Jersen Construction to complete the work at the water treatment plant. The project will be put on hold for the summer and will resume mid September. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a time extension change order with the Jersen Construction Group for the water treatment plant. Time Wales, city engineer stated the work is progressing well. Ayes - All Page 14 of 17 City Council Meeting 6/18/13 Discussion and Vote: Authorization for the Mayor to Sign Agreements for the Display of the En Pointe Sculptures at Various Locations (13-217) Commissioner Scirocco stated the agreements are for the placement of the sculptures in the City right-of –way from June 1, 2013 to November 1, 2013. The owner’s (and agreements are with) of the sculptures are The City Center, Il Forno, N. Fox, Frivolous, and Brause Realty. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign the agreements between The City Center, Il Forno, N. Fox, Frivolous, and Brause Realty for the display of the En Pointe sculptures in the City right-of-ways. Ayes - All Announcement: Paving Schedule Commissioner Scirocco announced the following paving schedule:  they milled Maple Avenue from East Avenue south for approximately 1400 feet;  they will mill Green Street between Maple Avenue Catherine Street;  June 18th they will mill Woodlawn Avenue between Greenfield Avenue and First Street and they will mill State Street between Greenfield Avenue and First Street;  June 19th they will pave Maple Avenue from East Avenue south for approximately 1400 feet and will pave Green Street between Maple Avenue Catherine Street;  June 20th they will pave Woodlawn Avenue between Greenfield Avenue and First Street and they will also pave State Street between Greenfield Avenue and First Street;  June 21st they will pave Denton Road between Bloomfield Road and Clement Avenue. Discussion: Update on Ballston Avenue Traffic Safety Improvement Project Commissioner Scirocco stated there is an ongoing project on Ballston Avenue from Hamilton Street and Lincoln Avenue. Tim Wales announced they were awarded in the last week with additional funding to bring the amount to $2.1 million; 95% of this is grant money and 5% is a local match. They are in the process of final design. Commissioner Mathiesen confirmed the change to Perry Street; is it going to be a one-way street. Tim advised they will be meeting with business owners on this and they are in favor of complete closing. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization to Increase Salary of Part Time Public Safety Helper (13-218) Commissioner Mathiesen stated it is difficult to find and retain the 8 week part time summer help needed to line and stripe the roads due to the unusual late hours required and the temporary nature of the position. He is asking the Council to authorize an increase in salary from $12 per hour to $13 per hour effective June 3, 2013. Funding is in line A3143311 / 51945. Commissioner Mathiesen moved and Commissioner Scirocco seconded to increase the salary of the part time public safety helper from $12 to $13 per hour. Ayes – All Announcement: DPS Forum on June 20, 2013 at 7:00 p.m. in City Council Room Page 15 of 17 City Council Meeting 6/18/13 Commissioner Mathiesen announced the next DPS forum is this Thursday, June 20th at 7 p.m. in the City Council Room. SUPERVISORS Joanne Yepsen Report from the Full Board Meeting Supervisor Yepsen reported the resolution from the City Council passed at the last meeting regarding SEDC was read into the record and she too hand delivered a copy to the County. There were 5 resolutions dealing with the sale of the landfill. Saratoga Springs will be included in the resolution. Sale of the County Landfill Supervisor Yepsen reported this took up most of the agenda at today’s meeting. No expansion beyond landfill footprints is planned; which the County has certified. There will be some profit sharing. The County will be paying 50% of the remaining annual profit sharing amount, which is estimated at $1,000,500 to the towns, cities, and villages using the County sales tax distribution formula. The City of Saratoga Springs opted out of this formula many years ago. She verified Saratoga will be included in the resolution and received verbal agreement from the chair of the board. County Racing Committee Update Supervisor Yepsen reported people from the racino attended the meeting to update on the renovations/expansion. A meeting was held last night to further discuss the Casino Gambling Bill. The New York Gaming Association President put out a statement against additional gambling being passed in New York State. County Social Programs Report Supervisor Yepsen reported there will be 80 youth jobs created this summer through a grant. Veterans Peer to Peer Program Kickoff Supervisor Yepsen reported this has been launched. We are one of 4 counties in the state to do this. Recognition of the Saratoga Rowing Association Supervisor Yepsen reported they recognized the Saratoga Rowing Association winners at the Board of Supervisors today. There are 8 girls that were recognized. She congratulated the coach and the girls. Matthew Veitch Trails Committee Supervisor Veitch reported a resolution was passed at their board meeting today to extend part of the Champlain canal into Waterford. They have taken over an easement on that property to construct and maintain a trail. Public Safety Committee Supervisor Veitch reported they passed a resolution for the Aid to Prosecution for $41,300 for the Public Defender’s Office to defray costs. The new public defender, Oscar Schreiber, came to the meeting with an Page 16 of 17 City Council Meeting 6/18/13 idea to start a program called a Conflict Defender Program. Sometimes there are two defendants that are indigent and the same office cant’ be defenders for both as it is a conflict of interest. They outsource that service and pay a cost for that. The new public defender feels they could save a lot of money by having a conflict defender officer within the County. A sub committee has been appointed to look at this issue. Sale of Saratoga County Landfill Supervisor Veitch reported it will be $39 million dollars over the life of the landfill; a $4 million up front payment; $2 million upon the combining of the landfills; and then annual community payments of $100,000 per year up to $2 million dollars. There is a distribution formula that Saratoga Springs will receive payments from this deal. ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 9:27 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/2/13 Vote: 5 - 0 Page 17 of 17