City Council

December 17, 2013 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:55 PM – P.H. – Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. 2014 Inauguration EXECUTIVE SESSION: Collective negotiations. CONSENT AGENDA 1. Approval of 11/18/13 Pre-Agenda Meeting Minutes 2. Approval of 11/19/13 City Council Meeting Minutes 3. Approve Budget Amendments - (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 12/06/13 $429,101.47 6. Approve Payroll 12/13/13 $421,941.12 7. Approve Warrant: 2013 Mid – 13MWDEC1 $178,183.07 8. Approve Warrant: 2013 REG – 13DEC2 $650,306.02 MAYOR’S DEPARTMENT 1. Discussion and Vote: Letter of Intent with Skidmore College Re: Weibel Avenue Ice Rink 2. Announcement: Award of Grant Funding from NYSERDA for Comprehensive Plan Implementation 3. Discussion and Vote: Sale of Easement Over City Property at Excelsior and East to J. Thomas Roohan 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with ESI for Employee Assistance Program 5. Discussion and Vote: Employee Assistance Policy 6. Discussion and Vote: Stipulation of Settlement with CSEA Inc. Local 1000 for Zoning and Building Inspector and Principal Planner 7. Discussion and Vote: Marriage Officer Resolution 8. Farewell Comments City Council Meeting 12/17/13 ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Towne, Ryan, and Partners, P.C. for Article 7 Legal Matters 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, Firth for Article 7 Cases 3. Award of Bid: Extension of Bid for Legal Services for Bonding to Walsh and Walsh, LLP 4. Award of Bid: Municipal Solid Waste to County Waste & Recycling Service FINANCE DEPARTMENT 1. Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2014 2. Discussion and Vote: Corrective Deed – Dalton (Original Deed from 1944) 3. Discussion and Vote: Budget Transfers – Payroll 4. Discussion and Vote: Budget Transfers – Benefits 5. Discussion and Vote: Budget Amendments - Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign a Lease Agreement for the Law Library 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with County Waste & Recycling Service, Inc. 3. Discussion and Vote: Authorization for the Mayor to Sign an Extended Lease Agreement with The Saratoga County Arts Council 4. Discussion and Vote: Lease Agreement with National Grid for Spring Run Trail Parking Lot 5. Discussion and Vote: Resolution Indentifying and classifying the Proposed Action for the Additional Water Source Capacity Project 6. Discussion and Vote: Resolution Identifying and Classifying the Proposed Action for the Water Treatment Plant Emergency Generator Power Source 7. Discussion and Vote: Sick Bank Request 8. Set Public Hearing: Street Acceptance – Hyde Street – Daggs Lane – Richard Avenue – Taylor Street PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice to VidaCare 2. Set Public Hearing: Amend Capital Budget for Police Department Infrastructure Project 3. Discussion and Vote: Ratification of Proposed Collective Bargaining Agreement with the Fire Administrative Officers Unit 4. Discussion and Vote: Resolution to Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue SUPERVISORS Joanne Yepsen 1. Report from Full Board Meeting 2. Inaugural Meeting of the Vietnam Commemorative Committee Matthew Veitch 1. Update: 2014 County Budget 2. Update: December Board Meeting 3. Update: CSEA Contract 4. Update: Maplewood Manor LDC ADJOURN Page 2 of 18 City Council Meeting 12/17/13 December 17, 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 (arrived at 7:11 p.m.) Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor 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 Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue Mayor Johnson opened the public hearing at 7:00 p.m. Commissioner Mathiesen stated this public hearing was held open since the last City Council meeting. This is for the purchase of a parcel on Union for a fire station on the east side to better serve our City and for the sale of the lot between the Algonquin building and the Collamer building. Page 3 of 18 City Council Meeting 12/17/13 Dave Bronner of 5 Royal Henley Court stated he thinks we need to take steps to improve safety response on the east ridge. He believes this land deal is a bad deal for the City. He doesn’t see why we would need 14 acres on Union for this; and the land is mostly wetlands. There is another solution to this problem; a piece of land on Henning Road across from BOCES; owned by NYRA. He also believes the amount the City would be getting for the property on Broadway is not top dollar. Operating with only 3 firefighters per truck is not being responsible. We need decreased EMS response time tonight; but no one has come up with a temporary solution. He hopes the Council takes action to reject this proposal when it comes up tonight. Commissioner Mathiesen stated those are serious charges being made by Mr. Bronner. They have looked at other options such as General Schuyler and a fast response vehicle. He invited Mr. Bronner to the public safety forums to discuss his issues in more detail where they can have a more open dialogue. The property on Broadway was appraised this year; so the price is fair. Right now we have 2 – 4 engine crews. It is thought that we can go to 3 – 3 engine crews. Mayor Johnson closed the public hearing at 7:16 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:16 p.m. PUBLIC COMENT Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Johnson opened the public comment period at 7:16 p.m. Ken Klotz of 232 Maple Avenue thanked the Council for their public service over the year. He thanked Mayor Johnson particularly for his service to the community and to his wife who has contributed to our community. He also thanked the deputy mayor and the executive assistant. Cliff Ammon of Nelson Avenue stated he is a SAVE Saratoga supporter. He read a statement from that group as a response to last night’s Casino Fact Finding Forum hosted by the Chamber of Commerce. (The statement is attached to the minutes.) Joy King of 6 Marion Avenue showed a picture of a lady that was found last week at the Senior Center. She has spoken to 2 businesses that are willing to put up cots for people to stay at night and will feed them in the morning. There will be a meeting to discuss how to address this so that this doesn’t happen again. She invited the Council and the residents to participate in working something out so this doesn’t happen again. Mark Lawton of 209 Nelson Avenue expressed his concern about losing anyone in this City because someone is exposed to cold and the weather. We lost a woman for no reason. There are other cities and communities that when the temperature gets below a certain point, shelter is provided. We should never lose a person again for lack of warmth or a safe place to stay. This is a solvable problem. He urged the Council to form a committee or reach out to see if something can be done. There are many organizations that will lend themselves to this. Dave Bronner of 5 Royal Henley Court stated at the last meeting the mayor brought up a proposal to look at the medical benefits that are provided to the City Council. He believes they should look at this benefit. These are temporary positions and they all have full time support. Page 4 of 18 City Council Meeting 12/17/13 Joel Reed, executive director of Saratoga Arts stated they will be presenting First Night again this year. With the partnership of many businesses and the City, they were able to do this again. Saratoga Arts has applied for and received a grant for local community based arts projects. The first question being asked of their investors before they agree to renovate the building is how long will they be in that building. So the can make the argument to their patrons, they have requested the terms of the lease be extended 25 years; to 2028. Lou Schneider of 5 Vallera Road stated the Housing Authority received a scoring report on December 5th. He read the following scores: physical – 35 out of 40; financial 25 out of 25; management 24 out of 25; capital fund 10 out of 10; and the PHAS total score was 94 out of 100. The designation give the authority was high performer. He submitted a copy for the record. Frank Robens of 13 Dutchess Court and president of Saratoga Youth Hockey stated he does see where the rink is in need of upgrades. The proposition by Skidmore is a good deal for the rink. They have 4 – 5 tournaments per year and bring in a lot of families that stay at our hotels and eat in our restaurants. He encouraged the Council to look at the improvements and proposal from Skidmore. Peter Goutos of 168 Denton Road and president of the firecracker race stated none of the races could be done without the help of the City Council. There is an item on the agenda regarding a parking area for Spring Run Trail. This lot is for 9 spaces of which 2 are ADA compatible. This is a great place to park cars. John Willson of 3 Waterview Drive stated the EMS facility was provided for several different times in our capital budget but then nothing was provided for. The land transaction will provide for an ideal site and the beginning of the solution. He encouraged the Council to vote positively for this. Dave Choo of 18 Alger Street stated he wanted to be sure we aren’t putting the cart before the horse regarding item #2 on the Mayor’s agenda. He doesn’t want to accept a grant before the comprehensive plan is completed. David Torres of 217 Lake Avenue and Saratoga Springs hockey coach stated he is really excited about the Skidmore College proposal. We don’t want Skidmore College to build an ice rink on their property as we would lose money. Commissioner Scirocco stated he knows of some communities that have the ‘code blue’. He asked Mr. Lawton and/or Joy King to contact his office so they can further discuss options. Mayor Johnson closed the public comment period at 7:56 p.m. PRESENTATIONS 2014 Inauguration Supervisor Yepsen advised she met with the Shelters of Saratoga this morning and believes they have a potential location for a ‘code blue’. She also thanked the mayor for his years of service; it was an honor to serve with him. Supervisor Yepsen invited all to the 2014 Inauguration on January 1, 2014 at 2 p.m. at the Canfield Casino. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Mathiesen seconded to move into executive session for the discussion of collective negotiations at 7:58 p.m. Page 5 of 18 City Council Meeting 12/17/13 Ayes – All The Council returned at 8:04 p.m. Mayor Johnson advised there was nothing resolved during executive session to report to the public. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 11/18/13 Pre-Agenda Meeting Minutes 2. Approval of 11/19/13 City Council Meeting Minutes 3. Approve Budget Amendments - (Increases) 4. Approve Budget Transfers - Regular 5. Approve Payroll 12/06/13 $429,101.47 6. Approve Payroll 12/13/13 $421,941.12 7. Approve Warrant: 2013 Mid – 13MWDEC1 $178,183.07 8. Approve Warrant: 2013 REG – 13DEC2 $650,306.02 Mayor Johnson stated he would like to note a correction to page 8 to read ‘Commissioner Madigan seconded the adoption of Waterfront Park’. The word ‘seconded’ was omitted. Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Letter of Intent with Skidmore College Re: Weibel Avenue Ice Rink (13-435) Mayor Johnson stated the proposed letter of intent has been listed for review. Matt Dorsey advised there is a letter of intent for the Council’s consideration which is an outline of the agreement between the City and Skidmore. Resources are being put forth by both sides. This is non- binding and a good faith outline of the parties. The letter of intent identifies the parties; a building to bebuilt at 30 Weibel Avenue of approximately 5,000 square feet and it is to include a coach’s room, locker room, media room, storage room and weight room. The locker room and weight room would be shared with the City. The rent would be $1 per year and Skidmore would be willing to make a donation of $500,000 to the City. The money shall be used for capital improvements for the ice rink. Mr. Hall of Skidmore stated he has been working with the Mayor’s Office on this project for a while. This is a sustainable and green way to go forward. They are looking forward with working with the City. Commissioner Mathiesen asked Mr. Hall the amount of revenue the college provides with the use of the rink. Mr. Hall stated the amount is close to $32,000. Gayle Cummings Stansen, director of athletics of Skidmore stated the number would be inclusive of all user groups. Commissioner Madigan stated she did have time to have the director of finance review the letter of intent. She was concerned about the $500,000 that was to go into the capital reserve fund. She feels better about this and can support this project. Page 6 of 18 City Council Meeting 12/17/13 Commissioner Scirocco stated it is important to note it is a pleasure to see a place like Skidmore want to partner with the City. This is a good thing for the future of the hockey program. Mayor Johnson stated he can’t speak enough about the community support Skidmore gives. Mayor Johnson moved and Commissioner Scirocco seconded to authorize the mayor to sign a letter of intent as described. Ayes – All Announcement: Award of Grant Funding from NYSERDA for Comprehensive Plan Implementation Mayor Johnson announced that the City has received notification that New York State wants to award the City $200,000 for the comprehensive plan implementation. This is the next stage after the current review is completed. This is not putting the cart before the horse; it is the next phase. Discussion and Vote: Sale of Easement Over City Property at Excelsior and East to J. Thomas Roohan (13-436) Matt Dorsey, city attorney stated this was unanimously recommended by the Real Estate Committee. The parcel # is 166.29-3-4. The deal is to sell this parcel for $31,000 which represents the estimated costs of improvements set forth in 3a – f in the contract. The improvements will be for parking and landscaping only. The agreement also states the fee, title subject to that easement remains with the City. The gate at Warren Street will be relocated. Access to the culvert needs to be maintained. Benefits to the City include the additional tax revenue from the properties on the corner. Commissioner Madigan confirmed if this easement is in perpetuity or is there something the City can do to reclaim this property at some time if it chose. Matt advised you wouldn’t lease an easement. Should Mr. Roohan sell this land down the road, the new owner would have the right to enjoy the easement. Mayor Johnson moved and Commissioner Mathiesen seconded to authorize the mayor to enter into the proposed contract of sale of the easement as listed and described. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Agreement with ESI for Employee Assistance Program (13-437) Mayor Johnson advised this is an annual contract up for renewal for January 1, 2014 through December 31, 2014. The amount is $7,600.20 and funding is in line A3011434 / 54572. Mayor Johnson moved and Commissioner Madigan seconded to authorize the mayor in that regard. Ayes – All Discussion and Vote: Employee Assistance Policy (13-438) Mayor Johnson advised the changes are minor. It was last reviewed by the City on January 17, 2012. There is a new section being put in the policy that employees can receive confidential counseling assistance from a behavior health professional. Mayor Johnson moved and Commissioner Scirocco seconded to approve the employee assistance policy as listed and described and revised. Page 7 of 18 City Council Meeting 12/17/13 Ayes – All Discussion and Vote: Stipulation of Settlement with CSEA Inc. Local 1000 for Zoning and Building Inspector and Principal Planner (13-439) Mayor Johnson advised this involves 2 positions that have been brought into the bargaining unit for the City. It came about through PERB by the union to include these 2 individuals into their unit. By decision of Nancy Burret, on April 10, 2013, the judge found the positions should be in the bargaining unit. Issues that had to be worked out by the City with the union included: disability, dues, sick time, personal time, employee contribution to health insurance, longevity, salary, and step increment entitlement. Mayor Johnson moved and Commissioner Madigan seconded to approve the stipulation of settlement as listed and described. Ayes – All Discussion and Vote: Marriage Officer Resolution (13-440) Mayor Johnson stated the Council has the authority to appoint a marriage officer. The resolution is as follows: A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, Section 11-C of the Domestic Relations Law of the State of New York provides that the governing body of any village, town or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage in accordance with other provisions of law; and WHEREAS, Matthew J. Jones, being over 18 years of age, has requested the Council to duly appoint him a marriage officer for a sixteen (16) day period, from Friday, May 23, 2014, until Sunday, June 8, 2014, for the purpose of performing a marriage between Jerusha-lom Darelle Lidmark and her finance, Jevan Paul Fox, in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows; 1. That this Council hereby appoints Matthew J. Jones, to be a marriage officer as provided in Section 11-C of the New York State Domestic Relations Law. 2. That the term of the appointment shall be for a sixteen (16) day period, from Friday, May 23, 2014, until Sunday, June 8, 2014, and for the purpose of solemnizing one marriage, specifically, the marriage between Jerusha-lom Darelle Lidmark and Jevan Paul Fox. 3. That the appointee shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Mayor Johnson moved and Commissioner Franck seconded to approve the resolution as described . Ayes – All Mayor Johnson moved and Commissioner Mathiesen seconded to add an item to the mayor’s agenda for an update of the comprehensive plan. Ayes – All Cliff VanWagner of the Comprehensive Plan Committee advised the review is taking longer than they had anticipated. They have held workshops and open houses. They did a report on the 2001 Comprehensive Plan. All committees had to comment on it and decide what they wanted to add. They have a draft vision statement. The paid staff has had focus group meetings. He believes they are 60% done and the budget is not in jeopardy. The team is committed to bring a comprehensive plan to the City Council that they will be proud of. Commissioner Mathiesen stated he has heard people are challenging the concept of the ‘city in thecountry’ and development on outer Union Avenue. He asked for comment on that. Page 8 of 18 City Council Meeting 12/17/13 Mr. VanWagner advised Saratoga National had some plans for development but they haven’t seen any official request come to them. The ‘city in the country’ is not in jeopardy. ‘City in the country’ and sustainability are part of the mission statement. Farewell Comments Mayor Johnson stated this is his last scheduled Council meeting prior to his term expiring. When he took office City Hall’s image was in need of repair. That was part of his motivation for running for office. He believes they brought back professionalism to the Mayor’s Office and order to the Council. He is proud of a number of accomplishments the City has gone through over the past 6 years such as: the recreation center; the opening of the Waterfront Park; the parking garage, completion of the Spring Run Trail and Railroad Run Trail, and negotiations of union contracts. He thanked the current Council, the prior Councils he has worked with, and the supervisors. He also thanked his staff of the past 6 years. Commissioner Franck thanked Mayor Johnson for his service. He really respects Mayor Johnson and found him to be a calming source. There were a lot of things the mayor did behind the scenes such as donating his salary to a charity he believes in and working with Hugh Farley to get the VLT money back. Commissioner Madigan wished Mayor Johnson a fond farewell and stated she always found him to be a worthy adversary. Commissioner Scirocco thanked Mayor Johnson for his service to the City. Commissioner Mathiesen stated he has always been a big fan of the Johnson family. Mayor Johnson runs a good meeting and he has enjoyed working with him. It is admirable the way the mayor has taken stances that he feels strongly about. ACCOUNTS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign Agreement with Towne, Ryan, and Partners, P.C. for Article 7 Legal Matters (13-441) Commissioner Franck advised that this firm has been handling some article 7 matters. This is an annual renewal to have a new agreement in effect for 2014. Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement with Towne, Ryan and Partners for article 7 matters at $170/hr., not to exceed the amount appropriated in line A3051354 / 54720. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Fitzgerald, Morris, Baker, Firth for Article 7 Cases (13-442) Commissioner Franck advised that this firm has been handling Article 7 matters relating to assessments. This is an annual renewal to have a new agreement in effect for 2014. Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign the agreement with Fitzgerald, Morris, Baker, and Firth for article 7 matters at $170/hr., not to exceed the amount appropriated in line A3051354 / 54720. Page 9 of 18 City Council Meeting 12/17/13 Ayes - All Award of Bid: Extension of Bid for Legal Services for Bonding to Walsh and Walsh, LLP (13-443) Commissioner Franck moved and Commissioner Madigan seconded to extend the bid for legal services for bonding to Walsh and Walsh, LLP for an additional year under the same terms and conditions. Funding is in line V3719714 / 54720. Ayes - All Award of Bid: Municipal Solid Waste to County Waste & Recycling Service (13-444) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Municipal Solid Waste for 2014 to County Waste & Recycling Service, the lowest bidder. Funding is in line A3638184 / 54521 and A3638184 / 54700. Ayes - All FINANCE DEPARTMENT Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2014 (13-445) Commissioner Madigan advised this resolution covers wages and benefits for non-union employees. It has been revised to remove the principal planner and building inspector. The resolution reads as follows: Resolution for non-union full time personnel Amended December 17, 2013 It is the intent of this resolution to establish changes in compensation and fringe benefits for the following non-union full time employees of the City of Saratoga Springs. Employees and personnel subject to this resolution shall be the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resources Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety and the Deputy Mayor, each hereinafter referred to as “employee.” This resolution shall supersede all prior resolutions affecting compensation and benefits for said employees. This resolution shall only be effective for stated employees in service as of the date of the resolution adoption and those in service subsequent to the date of adoption and specifically shall not apply to employees who have retired, or left office, prior to date of adoption. Nothing in this resolution shall be construed to create an employment agreement nor alter the “at-will” status of the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety and the Deputy Mayor. NOW THEREFORE BE IT RESOLVED as follows: A. The terms of this resolution shall take place on January 1, 2007, as amended on July 19, 2011, January 15, 2013, August 6, 2013, and as further amended on December 17, 2013. B. Effective January 1, 2014, the Principal Planner and the Zoning and Building Inspector shall no longer be included in or covered by this Resolution, or any terms and conditions contained herein. C. The employee shall not be entitled to overtime compensation. D. The employee’s standard workweek shall be 40 hours per week; excluding Secretary to the Civil Service Commission, the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, and the Executive Assistant to the Commissioner of Public Safety, which shall remain at 33 hours per week. E. The salary of the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety shall be the same as the Executive Assistant to the Mayor. F. The employee shall enjoy and be entitled to the following benefits: 1. Vacation: An employee shall earn annual vacation as follows: 10 working days during their first year of service, and during each of the next four years of service; 15 working days upon completion of five (5) years of service; 20 working days upon completion of ten (10) years of service; 25 working days upon completion of fifteen (15) years of service Page 10 of 18 City Council Meeting 12/17/13 and 30 working days upon completion of twenty (20) years of service. For each employee hired after January 1, 2006, a proration of the 10 days will be granted during the first year of service. Vacations for the employee shall be scheduled and approved by their respective Council member. Vacation must be taken by December 31st of the year vacation was earned, or else the time shall be forfeited. If the employee retires, resigns, or is not re-appointed, the employee shall be entitled to payment for only those vacation days earned and unused for the period between the employee’s last anniversary date and the date of retirement, resignation or other termination. If a recognized City Hall holiday falls within the vacation period, the vacation period shall be extended by the holiday falling within such periods. If an employee should die during his or her employment, all vacation time earned and unused for the period between the employee’s last anniversary date and the date of death, shall be paid in cash or as employee’s death benefit to his/her designated beneficiary or estate. 2. Sick Leave: The employee shall be entitled to sick leave with pay for a maximum of twelve (12) working days per year. The employee may accumulate sick leave, but may not use more than 150 days in any given 12 month period. Employee shall use sick leave in no shorter than two hour increments. Each employee hired after January 1st shall be granted a proration of the 12 days allotted during the first year of service. If an employee is absent because of illness or disability for more than three consecutive days, they may be required by their Commissioner/Mayor to provide a physician’s statement of sickness or disability. Prior to any cash payments for unused sick leave, an employee who terminates his/her service prior to December 31st shall be granted a proration of the 12 days allotted. Their Commissioner on an annual basis must maintain an employee’s records of sick time with a copy submitted to the Commissioner of Finance for each employee’s payroll folder. Cash payments will be made for accumulated unused sick leave remaining in the employee’s individual account at termination of employment or upon death of employee while in the employ of the City upon the following basis: Twenty-five percent (25%) of accumulated sick leave up to a maximum of 200 days (cash payment of 50 days). Cash payments upon death of employee while in the employ of the City shall be paid to the employee’s beneficiary or estate. 3. Personal Days: The employee who works 40 hours per week shall be granted six (6) personal days per year. The employee who works 33 hours per week shall be granted five (5) personal days. Each personal day make be taken at either a full day, one half day, or at a minimum of two (2) hour increments at a time. Such leave shall be requested in writing at least 24 hours in advance of the request time. The six (6) personal days (or five (5) for employees working 33 hours per week) shall be granted for the year on January 1. Each employee hired after January 1st shall be granted a proration of the six or five days allotted, however, if the employee does not complete the entire year, the pro-rated equivalent daily rate of pay shall be subtracted from any monies due to the employee. Personal days not used in any calendar year shall be credited to accumulated sick leave. 4. Holidays: The employee shall be entitled to 11 paid Holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. 5. Bereavement: The employee shall be entitled to three (3) consecutive workdays off per death in their immediate family. Immediate family shall be defined as mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister- in-law, brother-in-law, spouse, grandparent (s), or other persons living in the household of the employee. 6. Retirement: The employee shall be covered by the New York State Employee’s Retirement System known as 75i of the New York State Retirement Law. 7. Health: For employees hired prior to January 1, 2007, the employee shall be entitled to participate in the MVP25 health insurance plans offered by the City to the various bargaining units, at no cost to the employee. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents at the City’s own expense. For employees hired after January 1, 2007, the employee shall be entitled to participate in the MVP25 health insurance plans offered by the City to the various bargaining units, at a cost to the employee of 10% of the total cost of his or her health insurance plan not to exceed $750 per year. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents. For all Medicare eligible retirees, the City shall offer the MVP Medicare Advantage Preferred Gold as the sole plan. For all retirees residing outside the geographic network served by MVP, the City shall offer the MVP Preferred PPO Plan as the sole plan. The City shall provide the plans to the retired employees and their dependents. In the event that federal of state legislation, rules and/or regulations issued in relation to the Patient Protection and Affordable Care Act (“PPACA”), the Health Care and education Reconciliation Act of 2010 (“HCERA”) and/or any other legislation, rule or regulation: a. Impact in any way the health insurance plans, costs or benefits provided for in this Resolution (including but not limited to contractual benefits such as health insurance buy- outs or stipends); or b. Raise a question as to whether the health insurance benefits provided for herein meet certain standards contained in such legislation, rules and/or regulations (including, but not limited to, Page 11 of 18 City Council Meeting 12/17/13 compliance with legislation, rules, regulations, or any legislation, rules, or regulations which may cause the City to be charged any penalty, or those that govern whether plan benefits meet the “minimum essential benefits” standard or a similar standard, whether the City premium contribution levels are adequate and/or meet legal requirements, or whether the individual household affordability standard is satisfied); or c. Permit an individual or group of individuals to receive benefits, subsidies, or credits through a health insurance exchange program (or any other government subsidy or benefit provided pursuant to the PPACA, HCERA, or any state or federal regulations or rules implementing health insurance reform laws); The City may immediately implement changes as necessary to comply with federal and/or state laws, rules, and regulations and/or to avoid or eliminate penalties, potential penalties, or taxes. Such changes may include, among others, modifications for individual employees, including modification to individual or group coverage, benefits, contributions or wages, to the extent necessary to comply with federal and/or state laws, rules, and regulations and/or to avoid or eliminate penalties, potential penalties, taxes, or cessation of payments toward the cost of benefits(s) if such benefit(s) are not compliant with the PPACA/HCERA or if such compliance would cause the City penalty or cost associated with avoidance of penalty. The City shall provide such medical coverage for the widow or widower of the employee or retired employee in this resolution until the widow or widower’s death or remarriage whichever occurs sooner. Children shall be covered until age 19 or as stipulated in the appropriate health care contract or otherwise as may be required by law. “Retirees” shall be defined as full time employees who have served the City of Saratoga Springs for at least twenty consecutive years and retire from the New York State Employee’s Retirement System Section 75i of the New York State Retirement Law and were serving as full time employees of the City of Saratoga Springs at the time of retirement. For the purposes of this definition, the commencement date of “full time employment” for the current Civil Service Secretary, Patsy Berrigan, shall be deemed September 4, 1995, and the number of consecutive years of full time employment required is ten, as per prior documentation. An employee may elect not to participate in a plan of medical and health insurance benefits provided under this agreement and such employee shall be eligible to receive a payment of $900.00 for single coverage, $1,300.00 for two-person coverage or $1,730.00 for family coverage per calendar year. No employee shall be eligible to receive such payment unless the employee shall have provided proof to the Finance Office that such employee and such employees’ eligible dependents are covered by a comparable plan of medical and health insurance benefits for the entire year that such employee elected not to be covered by a plan provided by the Employer. Payments shall be made on December 15 of each year. The parties understand that participation in a plan of medical and health insurance benefits is mandatory. An election not to be covered shall be made on or about December 15th of each year to the Principal Account Clerk in the Finance Office in charge of City provided benefits pursuant to the regulations of the plan in effect together with evidence of coverage of such employee and such employee’s eligible dependents under a comparable plan of medical and health insurance benefits. Such employee must promptly notify the Employer of termination of alternative medical and health insurance benefit coverage. In the event that an employee reenrolls in a health insurance program, the employee shall be permitted to a prorated portion of the $900.00 (for single coverage), $1,300.00 (for two-person coverage), or $1,730.00 (for family coverage), payment but shall not be permitted to again opt-out of the insurance program during the calendar year. Employees hired before July 1, 2011 shall be entitled to participate in the Health Reimbursement Arrangement as contracted by the City Council and will receive the full benefits of such as are being enjoyed by members of the collective bargaining units under the HRA Plan. The City shall provide this plan to the employee, their dependents, and retired employees and their dependents. 8. Vision: The City agrees to pay 100% of the cost of the Employee Benefit fund Vision Plan Platinum 12 for all employees and their dependents. 9. Disability: New York State Disability Insurance shall be offered to the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resource Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, and the Deputy Mayor. 10. Life: The City shall provide group term life insurance for the Executive Assistant to the Mayor, the Executive Assistant to the Commissioner of Public Works, the Executive Assistant to the Commissioner of Public Safety, Secretary to the Civil Service Commission, Human Resource Administrator, Director of Risk and Safety, Principal Planner, Zoning and Building Inspector, Administrative Director – Recreation, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, and the Deputy Mayor in the amount of $5,000.00 while they are employed by the City of Saratoga Springs. 11. All increases in compensation and benefits paid to employees under this resolution shall be drawn from the budget of the employees department, except that if said departmental budget does not contain funds sufficient to pay the employee, the Head of that Department may draw any remaining compensation or payment due to the employee from the City’s contingency budget. 12. Each employee shall receive longevity payments as follows: After 10 years of service $500.00; After 15 years of service $1,550.00; After 20 years of service $1,800.00; Page 12 of 18 City Council Meeting 12/17/13 and an additional $250.00 each five (5) years thereafter. All longevity payments shall be paid upon completion of the specified amounts of consecutive eligible service regardless of the title (s) held during that time. G. Effective January 1, 2013, all employees covered by this resolution and who have been employed with the City for the past six consecutive months without interruption shall receive a 2% increase in salary. H. Effective January 1, 2014, and for every year thereafter effective on the first of the year, all employees covered by this resolution, with the exception of the Human Resources Administrator for the year 2014, shall receive an increase in salary based on the Bureau of Labor Consumer Price Index – Northeast Region June (12-month) of the prior year. If there is no increase in the Bureau of Labor Consumer Price Index – Northeast Region June (12-month), then salaries remain unchanged. I. This Resolution shall be reviewed by the City Council annually on the Commissioner of Finance’s agenda, by no later than the first meeting in August of each year. Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the resolution for non-union full time personnel as distributed with the agenda. Ayes – All Discussion and Vote: Corrective Deed – Dalton (Original Deed from 1944) (13-446) Commissioner Madigan stated this deed was originally written to include the 1,000 year language. Tony Izzo, assistant city attorney, advised that years ago, when a parcel was acquired through a tax sale, used a 1,000 year deed. A recent title search revealed the property located at 133 Jefferson Street was a 1,000 year deed. This is a conversion to a quick claim deed. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the quick claim deed distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (13-447) 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 (13-448) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2013 budget transfers – benefits which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Benefits (13-449) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2013 budget amendments – benefits which were distributed with the agenda. Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign a Lease Agreement for the Law Library (13-450) Page 13 of 18 City Council Meeting 12/17/13 Commissioner Scirocco advised this is a renewal agreement. It is a 5 year lease agreement with a 2% increase each year. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a lease agreement with the County of Saratoga to rent space within City Hall for the Supreme Court Library. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with County Waste & Recycling Service, Inc. (13-451) Commissioner Scirocco stated this is the removal and disposable of waste from the transfer station from January 1, 2014 to December 31, 2014 in the amount of $87, 786.00. They are charged a tipping fee of $51 per ton and a $90 hauling fee for transportation for a total of $17,100. Money for the hauling is in budget line A3638184 / 54700 and the funding for the tipping in the amount of $70,000 is in line A3638184 / 54521; not to exceed $87,786. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with County Waste & Recycling, Inc. for the transportation and tipping of municipal solid waste. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Extended Lease Agreement with The Saratoga County Arts Council (13-452) Commissioner Scirocco this agreement is to extend the lease agreement to 2038. The Arts Council has plans to improve and update the premise through a major capital campaign. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an extended lease agreement with the Saratoga County Arts Council to include the lease agreement with a third option with an expiration date of April 1, 2038. Ayes - All Discussion and Vote: Lease Agreement with National Grid for Spring Run Trail Parking Lot (13-453) Commissioner Scirocco stated this lease agreement is for land space owned by National Grid adjacent to Spring Run Trail. This agreement will be a 5 year lease where the City will pay an annual license fee of $3,300 per year. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign a lease agreement with National Grid in the amount of $3,300 for the Spring Run Trail parking lot. Funding is in line A3031494 / 54742. Commissioner Madigan stated she had concern about operating costs. She confirmed they are just absorbing this and it is manageable costs and will not add to his operating costs. Commissioner Scirocco stated it is just rubble and they will put a garbage can out there. It is not going to be any big deal. They do quite a bit of maintenance there already. Ayes – All Discussion and Vote: Resolution Indentifying and classifying the Proposed Action for the Additional Water Source Capacity Project (13-454) Page 14 of 18 City Council Meeting 12/17/13 Commissioner Scirocco read the resolution is as follows: STATE ENVIRONMENTAL QUALITY REVIEW ACT RESOLUTION IDENTIFYING AND CLASSIFYING THE PROPOSED ACTION WHEREAS, on September 16, 2011, the City of Saratoga Springs (the “City”) was placed on Administrative Tribunal Stipulation Order (the Order) by the New York State Department of Health (NYSDOH) requiring, among other items, construction of Additional Water source Capacity for the city of Saratoga Springs, Saratoga County, New York by August 31, 2012; and WHEREAS, on August 31, 2012, the NYSDOH revised the Order extending the deadline for the Additional Water Source Capacity Project to March 31, 2014; and WHEREAS, on December 9, 2013, the NYSDOH revised the Order to extend the date for completion of the Additional Source Capacity Project to July 2, 2014; and WHEREAS, the City of Saratoga Springs, in compliance with The Order is proposing to place online a series of groundwater wells and associated infrastructure installed in the City’s bog Meadow area to meet the requirement of the Order by NYSDOH (the “proposed action”); and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended, the New York State Environmental Quality Review Act (“SEQRA”) and the implementing regulations at 6 NYCRR Part 617 (the ”Regulations”), and 6 NYCRR 617.(29), which indicates that any actions as a result of “civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;” is not subject to SEQRA review. NOW, THERFORE, BE IT RESOLVED, pursuant to and in accordance with the requirements of SEQRA, THE Proposed Action constitutes a “Type II action” (as the quoted term is defined in the Regulations). Therefore, the City Council has determined that no SEQRA review for the Proposed Action is required. Matt Dorsey, city attorney, stated there are 2 main actions required by this stipulation. If it is found the action is a Type II then SEQRA is not required. He discussed this with our SEQRA counsel, Mark Schactner and he concurs with this decision. Commissioner Scirocco moved and Commissioner Mathiesen seconded to adopt the resolution entitled State Environmental Quality Review Act Resolution Identifying and Classifying the Proposed Action regarding the additional water source capacity project for the City of Saratoga Springs as previously distributed and previously explained by the city attorney and city engineer. Ayes - All Discussion and Vote: Resolution Identifying and Classifying the Proposed Action for the Water Treatment Plant Emergency Generator Power Source (13-455) Commissioner Scirocco read the following resolution: STATE ENVIRONMENTAL QUALITY REVIEW ACT RESOLUTION IDENTIFYING AND CLASSIFYING THE PROPOSED ACTION WHEREAS, on September 16, 2011, the City of Saratoga Springs (the “City”) was placed on Administrative Tribunal Stipulation Order (the Order) by the New York State Department of Health (NYSDOH) requiring, among other items, the installation of an Emergency Power Source at the City’s Water Treatment Plant, located at 111 Excelsior Avenue in the City of Saratoga Springs, Saratoga County, New York; and WHEREAS, on August 31, 2012, the NYSDOH revised the Order, however, the terms for installation of the Water Treatment Plant Emergency Power Source remained the same; and WHEREAS, on December 9, 2013, the NYSDOH revised the Order to extend the date for completion of the Water Treatment Plan Emergency Power Source to July 2, 2014; and WHEREAS, the City of Saratoga Springs, in compliance with The Order is proposing to install a 1500kw Emergency Generator at the City’s Water Treatment Plant, located at 111 Excelsior Avenue in the City of Saratoga Springs, Saratoga County, New York (the “proposed Action”); and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended, the New York State Environmental Quality Review Act (“SEQRA”) and the implementing regulations at 6 NYCRR Part 617 (the ”Regulations”), and 6 NYCRR 617.(29), which indicates that any actions as a result of “civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;” is not subject to SEQRA review. NOW, THERFORE, BE IT RESOLVED, PURSUANT to and in accordance with the requirements of SEQRA, the Proposed Action constitutes a “Type II action” (as the quoted term is defined in the Regulations). Therefore, the City Council has determined that no SEQRA review for the Proposed Action is required. Commissioner Scirocco moved and Commissioner Mathiesen seconded to adopt the resolution entitled State Environmental Quality Review Act Resolution Identifying and Classifying the Proposed Action Regarding the Installation of an emergency power source at the City’s Water Page 15 of 18 City Council Meeting 12/17/13 Treatment Plant in the City of Saratoga Springs as previously distributed and previously explained by the city attorney and city engineer. Ayes - All Discussion and Vote: Sick Bank Request (13-456) Commissioner Scirocco moved and Commissioner Franck seconded to request 4 days from the DPW sick bank for a DPW employee. This has been approved by the DPW CSEA union. Ayes - All Set Public Hearing: Street Acceptance – Hyde Street – Daggs Lane – Richard Avenue – Taylor Street Commissioner Scirocco set a public hearing for January 7, 2014 at 6:55 p.m. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization to Pay Invoice to VidaCare (13-457) Commissioner Mathiesen moved and Commissioner Franck seconded to authorize payment in the amount of $1,568.58 to VidaCare for medical supplies. Funding is in line A3143634 / 54111. Ayes - All Set Public Hearing: Amend Capital Budget for Police Department Infrastructure Project Commissioner Mathiesen set a public hearing for January 7, 2014 at 6:50 p.m. Discussion and Vote: Ratification of Proposed Collective Bargaining Agreement with the Fire Administrative Officers Unit (13-458) Commissioner Mathiesen explained the contract for this unit covers the fire chief and the assistant fire chief. The agreement provided to the Council has been agreed to by the Fire Chiefs Unit. This is a 5 year agreement from 2009 to 2013. Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign a collective bargaining agreement with the Fire Administrative Officer’s Unit. Commissioner Madigan advised that the money is in this year’s budget but will be encumbered from the contingency line. They probably won’t see it until sometime in late February. Mayor Johnson explained this item is under Commissioner Mathiesen’s agenda as some members of the City Council desired to advance the proposed contract from the union than the City’s position. He indicated his concern is there was no formal filing for impasse. He delegated the authority to Commissioner Mathiesen in order to no violate the Charter. This sets a bad precedent; it sets the wrong tone and sends the wrong message to the other units. He can’t support this. Commissioner Mathiesen stated this contract and the police chief’s contracts are very old. He believes this is a fair approach and fair resolution. Mayor Johnson stated he does believe Commissioner Mathiesen believes this is the right approach. Ayes – 4 Page 16 of 18 City Council Meeting 12/17/13 Nays – 1 (Mayor Johnson) Discussion and Vote: Resolution to Accept Purchase Offer of 500 Broadway from The Algonquin Building LLC and the City to Purchase Tax Parcel 179-3-1 on Union Avenue (13-459) Tony Izzo, assistant city attorney, advised this is not the written agreement but a resolution. There will be a written agreement that will also be subject to final approval by the Council. He reviewed each paragraph of the resolution at a high level. Paragraph ‘C’ has been changed from 24 months to 18 months for the application. Mayor Johnson stated he has not been in support of coupling this from the beginning. He believes they should be separated. He doesn’t know what the rush is about the parcel on 9P when no one is in rush to buy it. Commissioner Mathiesen stated this is a need that becomes more and more pressing. Commissioner Mathiesen moved and Commissioner Franck seconded to approve the resolution to accept the purchase offer of 500 Broadway from the Algonquin Building LLC and for the City to purchase tax parcel #179-3-1 on Union Avenue. Ayes – 4 Nays – 1 (Mayor Johnson) SUPERVISORS Joanne Yepsen Report from Full Board Meeting Supervisor Yepsen reported they approved contracts for the planning conference. They also authorized the acceptance of a grant for work at the airport; they authorized ongoing mental health contracts; and they also approved the levy amounts payable to County treasurer and the town supervisors. Inaugural Meeting of the Vietnam Commemorative Committee Supervisor Yepsen reported they had their inaugural meeting at the Military Museum. They will meet again on January 6, 2014. Matthew Veitch Update: 2014 County Budget Supervisor Veitch reported they had a special meeting on December 11th to vote on the budget. The budget is $314 million dollars. Update: December Board Meeting Supervisor Veitch reported they approved the Conflict Defender Department. They are reducing the costs in the budget for the Defenders’ Office for 2014 to accommodate the new department. Update: CSEA Contract Supervisor Veitch reported the contract was approved today. There is no increase for 2013 but a 2% increase for each of the remaining years. Page 17 of 18 City Council Meeting 12/17/13 Update: Maplewood Manor LDC Supervisor Veitch reported Maplewood Manor LDC chose Zenith Health Care as the buyer and operator of Maplewood Manor. Mayor Johnson advised there is a minor typo in the resolutions under DPW’s items #5 and #6. Matt Dorsey, city attorney advised the 5th paragraph, 3rd line reads 6 NYCRR 617.(29) should read 6 NYCRR 617.5 (c)(29). Commissioner Scirocco moved and Commissioner Franck seconded to add an item to amend the prior motions in respect to items 5 & 6. (13-460) Ayes – All Commissioner Scirocco moved and Commissioner Mathiesen seconded to amend paragraph 5, 3rd line on agendas #5 & #6 to read 6 NYCRR 617.5 (c)(29). (13-461) Ayes – All 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 10:38 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 1/21/14 Vote: 5 - 0 Page 18 of 18