saratoga NOW

Archive for the ‘City government’ Category

On the agenda: Saratoga Citizen, housing authority, last call hours and more:

04 17 2012 Preliminary Agenda

The director and facilities manager of the Saratoga Springs Housing Authority abruptly resigned this week from a separate, not-for-profit housing group that the under-fire director had presided over.

SSHA Director Ed Spychalski and Gerard Hawthorne quit the non-profit Saratoga Affordable Housing Group during a private meeting of the group Tuesday, board member Rocky Ferraro said in an interview Friday. Spychalski had served as president of the group since 2008, and Hawthorne as secretary.

Ferraro said Spychalski stepped down to avoid creating a “negative type of situation” for the group, and to create separation between the affordable housing group and the SSHA.

“We’re trying to be as transparent as possible,” said Ferraro, who board members elected to succeed Spychalski as president.The resignations came as state Comptroller Thomas DiNapoli’s office audits the SSHA financial books, and U.S. Sen. Chuck Grassley of Iowa investigates the SSHA for improprieties. City officials and residents, as well as public housing tenants, have decried Spychalski’s reign as SSHA director, saying he failed to take timely action on bedbugs in Stonequist Apartments. That spread to other revelations about his $152,000 annual salary, unusual five-year work contract that had automatically renewed itself each year and the hiring and promotion of his children.

Founded several years ago, the Saratoga Affordable Housing Group works to secure homes in the city for low- and moderate-income families. It purchased 28 units on Allen Drive four years ago, and recently constructed 15 new units there. The group received a bank loan and state grant to build the 15 apartments. A lottery for those homes was held Friday.

Spychalski critic John Kaufmann recently filed for information from the SSHA about any money and resources the SSHA provided to the affordable housing group. He wants to know if the SSHA commingled money, materials or staff with the affordable housing group, and if it was reimbursed. Federal regulations prohibit housing authorities from subsidizing other organizations. Kaufmann said he is dissatisfied with the SSHA’s response to his request.

“They are unable to document how much time and material the housing authority put into the group,” Kaufmann said.

The SSHA provided staff members to assist the housing group so it wouldn’t have to pay for its own staff, Ferraro said. He said the group paid the housing authority a management fee for work on Allen Drive.

“I have been comfortable with the group’s financial reporting to this point,” said Ferraro, who is executive director of the Capital District Regional Planning Commission. “We’ll see what the state audit says when it comes out, but there were no yellow flags.”

The non-profit group will discuss opening its meetings up to the public in May, Ferraro said. The housing group’s bylaws call for 5 to 9 members to serve on its board, and it’s undetermined if Spychalski and Hawthorne will be replaced.

In a related development, Grassley on Thursday released documents that the U.S. Housing and Urban Development sent to him in which HUD says that state and local governments have “primary oversight responsibility over public housing authorities.”

The memos also state that SSHA financial documents do not indicate that SSHA has any nonprofit affiliates; HUD had conducted “targeted oversight” of the SSHA; and Spychalski violated HUD contract rules by hiring his daughter without a board waiver. According to these documents, HUD forced the board to pass a retroactive waiver to keep her on, which it did last month.

Accounts Commissioner John Franck said Friday that HUD’s statement strengthens his assertion that the City Council can alter Spychalski’s salary and contract, which the city did not approve.

In a statement, SSHA attorney Scott Peterson said the authority had historically been accountable to HUD. “Nonetheless, recent events have brought this lack of definition to light, and moving forward the board and executive director will take a proactive approach to ensure that proper reporting and accounting are made to the appropriate entities.”

The Saratoga Springs Republican Commitee voted by a strong majority Wednesday to endorse state Sen. Roy McDonald over Saratoga County Clerk Kathy Marchione in their primary fight for the 43rd Senate District. McDonald also recently received the Waterford and Canaan committee endorsements. The endorsement marked a first vote for David Harper as chairman of the Saratoga Springs GOP committee.

“Tonight we heard from both candidates campaigning for the Republican endorsement in Saratoga Springs,” Harper said. “Our members asked the right questions and voted for the candidate they felt best represented the values and views of our city party. While the committee voted overwhelmingly in support of Senator McDonald, the committee applauds Kathy Marchione’s past and future work as our Saratoga County Clerk.”

State Supreme Court Justice Thomas D. Nolan Jr. has denied developer Joseph Boff’s application to demolish the structure at 66 Franklin St., the Saratoga Springs Preservation Foundation says.

Boff owns the The Winans-Crippen House at 66 Franklin St., which was built in 1871. The preservation foundation calls it “a contributing structure in the Franklin Square Historic District listed on the National Register of Historic Places.”

The foundation has opposed demolition of the house since it was first proposed in December 2008.  “The Foundation is pleased that both City Court Judge Jeffery Wait and Justice Nolan have agreed with the foundation’s position that Mr. Boff needs to follow the process that the City has in place.  It is the Foundation’s hope that the owner will reconsider his desire to demolish the building or reduce his asking price so that another person may purchase the building and rehabilitate this important example of Saratoga Springs’ architectural history,” foundation Executive Director Samantha Bosshart said.

The organization said it will help find a buyer for the home and offer a $50,000 grant to an owner who rehabilitates it in accordance with the Design Review Commission’s standards.

2012 03 22 Nolan Decision

I’m still checking into this, but I wanted to bring you the news. The New York State Appellate Division has upheld the right of Saratoga Citizen’s proposed charter change to go to city voters, according to Pat Kane, the group’s spokesperson.

Here’s part of the press statement:

“The New York State Court of Appeals today upheld the right of more than 2,300 voters in Saratoga Springs to place a proposed charter on the ballot to change the form of government. Since 2008, Saratoga Citizen, a non-partisan grassroots organization, has been actively working at public meetings to present, educate and evaluate all forms of local government available today. After considerable public input, interviews, and extensive research the public organization- Saratoga Citizen- subsequently proposed the replacement of the current Commission Form of government in Saratoga Springs with a Council-Professional Manager Form.

In July 2010, a petition with more than 1,500 signatures was presented to the city. Shortly after the original petition was submitted, an additional 800 signatures were gathered. While more than enough signatures were collected to put the proposed charter on a referendum ballot, the city refused to certify the petition on the grounds that some signatures were invalid, that it was bound improperly, and that no fiscal note stating the cost of the reform was provided with the signatures. Saratoga Citizen sued the city refuting the allegations and the New York Supreme Court rejected the allegations made by the city and affirmed the validity of the petition in January 2011. The city appealed the case to the Court of Appeals which today affirmed the decision by the Supreme Court.

The mayor of Saratoga Springs on Tuesday declined to reappoint the chairman of the Saratoga Springs Housing Authority’s Board of Directors, who has been criticized since December for a lack of control over the authority’s operations and executive director.

Acting at a meeting of the City Council, Mayor Scott Johnson appointed former Finance Commissioner Kenneth Ivins to a five-year term on the SSHA board. Ivins, who lost a bid for reelection to the City Council in November, replaces Dennis Brunelle, the former leader of the board whose term expired Sunday.

Brunelle had said he wanted to remain on the seven-member board. But Johnson said Tuesday that he was not being reappointed based on a mutual agreement.

“I am pleased to thank him for his service to his community,” Johnson said.

Brunelle’s term ended as the state Comptroller’s Office and U.S. Sen. Chuck Grassley of Iowa investigates the financials of the SSHA. The probes started after SSHA tenants – residents of Stonequist Apartments – complained that bedbugs had invaded the 176-unit apartment tower last July. The insects were finally removed last month.

Under Brunelle’s term as chairman, Executive Director Ed Spychalski’s annual salary more than doubled to $152,000. Brunelle agreed to a rolling five-year contract for Spychalski that automatically renewed itself each year without board intervention, and promised the director five percent annual raises, bonuses, a truck and more. The pay raises and contract were passed without approved by the City Council. In Brunelle’s last meeting as chairman, the board voted not to renew Spychalski’s contract by a year.

Brunelle had joined Spychalski on expensive trips to Las Vegas, New Orleans, Florida and more over the past few years. He said the trips were for work training. Questions also surround Spychalski’s hiring of his children, and the use of his brother’s garage for SSHA vehicle repairs.

Ivins, a Republican, marks the mayor’s second appointment to the SSHA board in as many months. He named Al Callucci to the board on March 1.

Big changes could be on tap for bars and nightclubs in Saratoga Springs.

Public Safety Commissioner Chris Mathiesen will hold a public hearing and vote at Tuesday’s City Council meeting to change Chapter 136 of the City Code.

The changes would incorporate some New York State Liquor Authority regulations into city code, such as forcing security guard and bouncers to undergo certification training. Mathiesen also wants nightclub personnel to wear their licenses or a garment that identifies them as bar workers. The changes also include a provision that would allow the city to take away an operation’s cabaret license if they continually violate the city’s noise ordinance, Mathiesen said.

Separate from these proposals is Mathiesen’s call to shorten last call in the city by an hour to 3 a.m. That vote could come in the future, he said.

Also, expect plenty of fireworks over the Saratoga Springs Housing Authority.

Applications for Leadership Saratoga’s Class of 2012-13 are now being accepted.  The program is designed to orient and train persons who are interested in becoming more involved in their community in volunteer leadership capacities. In addition, participants will receive in-depth knowledge about some of the critical issues facing Saratoga County.

Currently, graduates serve on the boards of directors of over 60 non-profit organizations from Clifton Park to Corinth, and volunteer for more than 100 additional organizations, schools, religious institutions and youth sports programs annually. Over 60 alumni have been elected or appointed to local boards of education, town boards, city councils, government-related positions and more.

 A maximum of 24 individuals will be selected by members of the Leadership Saratoga Advisory Board to participate in the 2012-13 class. The selection committee will be looking for participants with a diversity of backgrounds and geographic representation, as well as applicants who have demonstrated an interest and involvement in their community. 

The courses, which begin with a retreat on Oct. 14-15, will cover topics such as working with various leadership styles, keys to effective board membership, strategic communications and strategic planning, fund raising and dealing with ethical dilemmas. Additional courses will address issues facing county government, economic development and quality of life, educational policy making and more.

All participants must live in Saratoga County (or demonstrate a strong volunteer involvement in thecCounty) and must agree to attend at least 80 percent of the sessions. Cost of the program is $1,100. Tuition assistance is available, including partial grants and one full scholarship provided by the Leadership Saratoga Alumni Association.

An optional meeting to gather more information about the program will be held at 4 p.m. Tuesday, April 24 at the Saratoga County Chamber of Commerce, 28 Clinton St., Saratoga Springs. For more information and to apply, click here or call 584-3255. The deadline for completed applications and three brief interviews is 5 p.m. Wednesday, May 30.

That’s one question Saratoga Springs Public Safety Commissioner Christian Mathiesen plans to ask at a public workshop with bar and restaurant owners and members of the community scheduled for 5:30 p.m. Tuesday (March 27) in the Music Hall in City Hall.

Topics on the agenda will be New York State Liquor Authority rules and regulations, proposed changes to city lodging/cabaret laws, bouncer requirements, the noise ordinance and “last call” hours. There will be representatives from the Public Safety Department, Police Department, Code Enforcement, Accounts Department and the city attorney’s office to address prior and present complaints and offer solutions.

More than 125 bar and restaurant owners from 60 different establishments in the city attended a recent seminar in the Holiday Inn that focused on the same topics. Mathiesen said Tuesday he is looking at incorporating some of the state’s codes regarding bar worker certifications and training into city law.

The City Council has legal authority to approve the salaries of Saratoga Springs Housing Authority leaders, and remove authority members for “substantial inefficiency, neglect of duty or misconduct in office,” the mayor said Tuesday.

But there is no legal case history showing that the city can take enforcement action against authority board members who do not seek local approval for compensation, and the SSHA must be given a chance to take corrective action, Mayor Scott Johnson said at Tuesday’s City Council meeting.

The long-awaited analysis amounted to a nuanced position from the mayor, who City Council members asked for a legal opinion on how much oversight the council has over the city’s housing authority. Housing authority members had appeared before the City Council for salary increase approvals from 1990 to 1995, and in 1997 and 2000, but have not since then, Johnson said.

“They stopped coming for reasons unknown,” Johnson said. “It does appear to be a technical violation.”

But a 1988 effort by a Lackawanna City Council to remove members of its housing authority for failing to submit employee pay changes was annulled by a judge, Johnson said. The Saratoga Springs City Council in 1997 approved salaries “on a long term basis” for SSHA members, but that does not pertain to employees who change jobs, Johnson said. The mayor indicated that the New York Homes and Community Renewal commissioner had power to investigate the dealings of housing authorities.

Some city leaders, SSHA tenants and city residents want the council to use its jurisdiction to remove SSHA Director Ed Spychalski and board members over their slow reaction to bedbugs in Stonequist Apartments, the doubling of Spychalski salary to $152,000 since 2006, which the city did not approve, nepotism hirings and more.

On Tuesday, Accounts Commissioner John Franck and Finance Commissioner Michele Madigan said they were disappointed by the mayor’s view that the council could not take punitive action against SSHA members. Frank has called for non-approved SSHA salaries to be reset, and for Spychalski to lose his job.

“This guy has to go,” Franck said.

The mayor affirmed that he is charged with appointing five of the SSHA’s seven board members. Board Chairman Dennis Brunelle’s five-year term expires April 1. Johnson said Tuesday that he was talking to Brunelle about if he would or would not be reappointed. He also said that the SSHA board will be required in the future to go before the City Council for salary increase approvals.

In response to a comment from Madigan, Johnson said he sent a letter this week to SSHA board members recommending that they do not approve a one-year extension of Spychalski’s rolling five-year work contract at the end of the month, and renegotiate Spychalski’s entire contract and compensation.

“Hopefully, they will agree to that,” Johnson said. “If they don’t, that’s a different issue.”