City Council

August 5, 2014 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. 2013 Audited Financial Statements EXECUTIVE SESSION: Discussion Article 7 Cases CONSENT AGENDA 1. Approval of 7/1/14 Draft City Council Meeting Minutes 2. Approval of 7/14/14 Draft Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Budget Transfers – Regular 5. Approve Payroll 7/18/14 $439,846.67 6. Approve Payroll 7/25/14 $445,105.98 7. Approve Payroll 08/01/14 $457,233.24 8. Approve Warrant: 2014 Mid – 14 MWJUL2 $316,473.03 9. Approve Warrant: 2014 Mid – 14MWJUL3 $552,303.30 10. Approve Warrant: 2014 REG – 14AUG1 $405,131.29 MAYOR’S DEPARTMENT 1. Set Public Hearing: Set Three (3) Public Hearings on the 2015 Capital Budget 2. Discussion and Vote: Authorization for the Mayor to Sign Contract for Saratoga Springs Summer Concert Series – Wayne and Joey 3. Discussion and Vote: Authorization for the Mayor to Sign Contract for Saratoga Springs Summer Concert Series – Party of Three 4. Discussion: Climate Smart Task Force 5. Discussion: “Mayor’s Challenge” – Veteran’s Homelessness 6. Discussion: Update on City Human Resources Director Position 7. Discussion: Update on Saratoga Springs Bikeshare Week 8. Appointment: Design Review Commission ACCOUNTS DEPARTMENT 1. Appointment: Commissioner of Deeds 2. Award of Bid: Floor Refinishing West Ave. Fire Station to Tuff Kote Flooring, LLC 3. Discussion and Vote: Resolution to Appoint a Marriage Officer City Council Meeting 8/5/14 FINANCE DEPARTMENT 1. Discussion: 2nd Quarter 2014 Financial Report 2. Discussion and Vote: Authorization for the Mayor to Sign Agreement with County Waste & Recycling Service, Inc. for Public Space Recycling Pilot 3. Discussion and Vote: Authorization for the Mayor to Sign Official Payments Amendment to Agreement 4. Discussion and Vote: Resolution for the use of the recreation Trust – Dog Park Fence at Crescent and S. Broadway 5. Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2015 6. Discussion and Vote: Budget Transfers City Center Contingency 7. Discussion and Vote: Budget Transfers – Payroll 8. Discussion and Vote: Budget Transfers – Benefits 9. Discussion and Vote: Budget Amendments – Benefits 10. Discussion and Vote: Budget Amendments – Interfund 11. Announcement: Refunding Bond Issue 12. Announcement: 2015 Requested Budgets PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Approval for Supplemental Agreement #2 & Resolution with DOT for the Ballston Avenue Project 2. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Barton & Loguidice PC Spring Run Trail Monitoring 3. Discussion and Vote: Authorization for the Mayor to Sign Change Order with Stilsing Electric, Inc. PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Resolution Relative to the Sale of the Collamer Lot & Purchase of Parcel on Union Ave. 2. Discussion and Vote: Determination of SEQRA for the Sale of Parcel 165.52-4-39 (Collamer Lot) 3. Discussion and Vote: Authorization for Mayor to Sign Contract for the Sale of Parcel 165.52-4-39 (Collamer Lot) 4. Discussion and Vote: Determination of SEQRA for Purchase of Parcel 179.3-1 on Union Avenue 5. Discussion and Vote: Authorization for Mayor to Sign Contract for Purchase of Parcel 179.3-1 on Union Ave. 6. Discussion and Vote: Authorization for Mayor to Sign Contract with Tuff Kote for the West Ave. Fire House Floor Refinishing Project SUPERVISORS Matthew Veitch 1. County Recycling Program 2. Maplewood Manor 3. Saratoga County Youth Advisory Council Peter Martin 1. Veterans’ Affairs 2. County Recycling Operations ADJOURN Page 2 of 17 City Council Meeting 8/5/14 August 5, 2014 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Joanne Yepsen, Mayor John Franck, Commissioner of Accounts Michele Madigan, Commissioner of Finance Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS STAFF PRESENT: Joe Ogden, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Sarah Burger, City Attorney Peter Martin, Supervisor Matthew Veitch, Supervisor EXCUSED: Sharon Kellner-Byrnes, Deputy Commissioner, Accounts 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. CALL TO ORDER Mayor Yepsen called the meeting to order at 7:03 p.m. PUBLIC COMENT Page 3 of 17 City Council Meeting 8/5/14 Mayor Yepsen 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 Yepsen opened the public comment period at 7:04 p.m. Mayor Yepsen asked all to pay tribute to Reverend Dr. Minnie Burns passed away recently. She was an advocate for many decades for historic preservation in Saratoga Springs. We will all remember her for her strong faith, character, and devotion to many things in Saratoga Springs. Casey Holzworth of 49 Park Street stated he is here as an employee of the state park. He is here in support of the fence around the dog park. There is nothing to keep to off-leash dogs from running into the street. Putting a fence around the park will solve a lot of problems. Lori Wellman of 15 Cliffside Drive stated she is here to implore the Council to move and move quickly on EMS station on the east side. There have been some very close calls in her neighborhood and emergency services are needed. We are residents of the City and pay taxes to the City. John Ellis of 2 Callagan Drive asked if the marriage officer resolution on the agenda budgeted? The mayor is able to perform marriages at no additional costs to the City. Nancy Goldberg of 66 Sarazen Drive stated when the Interlaken PUD was created there was less than 290 people living east of the Northway; there are now thousands. It takes 9 – 21 minutes to get ambulances east of the Northway. Commissioner Mathiesen has a concrete plan to correct the oversight. Those east of the Northway pay the same taxes without the same benefits. Sam Brewer of 161 Lake Avenue stated he agrees with the previous women regarding the need for the EMS on the east side. Joseph Zappone of the Zappone Group, Loudonville, NY stated he is here to propose a contract for the purchase of the Collamer Lot. With the RFP requirement being you have to find a piece of land to swap with it, the pool of purchasers is nil. His offer is a cash offer and he obtained an appraisal for this property. Michael Cuddy of 20 Sarazen Street asked the Council to use common sense. There is growth that has occurred east of the Northway and needs appropriate emergency services. Someone could suffer a death if there is a delay in emergency services. Kay Watkins of 34 Vista Drive stated she worked with the Council to get emergency services on the east side. She felt it was ironic that this gentleman appears out of nowhere after the Collamer Lot has been available for years. She encouraged the Council not to get side tracked. John Willson of 3 Waterview Drive stated he is part of the Summer Wind Homeowners’ Association. When they started to work with the Council, they did it in a non-partisan way. The City is not swapping anything; the City is selling City owned property and purchasing privately owned property. We are here to discuss a concrete proposal. All City residents should be provided with the same level of service and protection. Tonight make definitive decisions. Don Snyder of 6 Oak Brook Boulevard stated Commissioner Mathiesen has his support for the east side station. Commissioners Curley, Kim, and Wirth never came up with a plan for an EMS facility on the east side. He hopes the Council will act on this issue tonight and get the ball rolling. George Schuloff of 55 Regatta View Drive stated public safety is the number 1 function of government. We need a fire house and EMS station on the east side to serve us. The incident rate on the east side is up 30% from last year, up 50% from 2010; and the service to district 3 is 68% above what is recommended by the National Fire Protection Association. It has been too long and too many delays in the City’s action to find land. Do your civic responsibility and vote for this land deal. Page 4 of 17 City Council Meeting 8/5/14 Aaron Pedinotti of 53 York Avenue stated someone showing up out of nowhere and offering to over $1 million dollars cash through a corporation in his own name without publically stating his intentions has a vibe of HBO’s version of something out of northern New Jersey. You should take this with a grain of salt. Jason Gross of 36 Allen Drive submitted his statement in writing (attached). Commissioner Franck read the marriage officer into the record for clarification: 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, Scott T. Johnson, being over 18 years of age, has requested the Council to duly appoint him a marriage officer for a sixteen (16) day period, from Saturday, September 20, 2014, until Sunday, October 5, 2014 for the purpose of performing a marriage in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows; 1. That this Council hereby appoints Scott T. Johnson 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 sixteen (16) day period from Saturday, September 20, 2014, until Sunday, October 5, 2014, and for the purpose of solemnizing one marriage, specifically the Stallmer/Fenton marriage, That the appointee shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Mayor Yepsen closed the public comment period at 7:34 p.m. PRESENTATIONS 2013 Audited Financial Statements Commissioner Madigan introduced Will Reynolds of BST and Christine Brown, Director of Finance to present the 2013 audited financial statements. Mr. Reynolds stated the audit went well as usual and the City was helpful in providing all the information they needed to perform the audit. The City’s assets exceeded its liabilities by $25 million dollars and there is $37 million of investment capital assets. He pointed out pages of interest for the Council and public to review. The revenue budget was increased during the year but actual exceeded the revised amount. Expenditures amount was increased during the year but actual expenditures were less than the original amount; that reflects conservative budgeting which is prudent in these times. Mr. Reynolds stated the single audit is required and lists all federal expenditures made during the year. This year it was $1 million dollars made through housing and urban development. Mr. Reynolds stated the NYS DOT requires their own audit. There was $625,000 expended of which most was part of the CHIPS program. Mr. Reynolds advised there were no audit adjustments made to the original trial balance; there were no uncorrected misstatements; no disagreements with management; and no deficiencies with internal controls were reported and there were no financial reporting weaknesses. EXECUTIVE SESSION Mayor Yepsen moved and Commissioner Franck seconded to adjourn to executive session for the purpose of discussion of Article 7 cases at 7:55 p.m. The Council returned at 8:06 p.m. Page 5 of 17 City Council Meeting 8/5/14 A decision was made and will be addressed under the Accounts Agenda. CONSENT AGENDA Mayor Yepsen moved and Commissioner Madigan seconded to accept the consent agenda as follows: 1. Approval of 7/1/14 Draft City Council Meeting Minutes 2. Approval of 7/14/14 Draft Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Budget Transfers – Regular 5. Approve Payroll 7/18/14 $439,846.67 6. Approve Payroll 7/25/14 $445,105.98 7. Approve Payroll 08/01/14 $457,233.24 8. Approve Warrant: 2014 Mid – 14 MWJUL2 $316,473.03 9. Approve Warrant: 2014 Mid – 14MWJUL3 $552,303.30 10. Approve Warrant: 2014 REG – 14AUG1 $405,131.29 Ayes - All MAYOR’S DEPARTMENT Set Public Hearing: Set Three (3) Public Hearings on the 2015 Capital Budget Mayor Yepsen set the following public hearings for the 2015 Capital Budget:  Tuesday, August 19, 2014 at 6:50 p.m.  Tuesday, August 26, 2014 at 4:30 p.m.  Tuesday, September 2, 2014 at 6:50 p.m. Discussion and Vote: Authorization for the Mayor to Sign Contract for Saratoga Springs Summer Concert Series – Wayne and Joey (14-280) Mayor Yepsen stated Wayne and Joey is scheduled for August 5, 2014. This amount is $500. Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor to sign a contract with Wayne Anderson in the amount of $500 for the performance of the Wayne and Joey as distributed with the agenda. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Contract for Saratoga Springs Summer Concert Series – Party of Three (14-281) Mayor Yepsen stated Party of Three is scheduled for August 12, 2014. This amount is $300. Mayor Yepsen moved and Commissioner Mathiesen seconded to authorize the mayor to sign a contract with Vincent Arpey in the amount of $300 for the performance of the Party of Three in Congress Park as distributed with the agenda. Ayes – All Discussion: Climate Smart Task Force Mayor Yepsen stated the City signed a pledge to become a Climate Smart Community. She wanted to be sure we incorporated sustainability measures into everything they could incorporate it into. Page 6 of 17 City Council Meeting 8/5/14 Raina Caldwell, chair of the task force, stated they have been developing projects that will reduce the City’s global warming emissions and benefit the City financially. One major goal is to be a resource for City government, business owners, and residents. Projects developed include: introduction to the Mayor’s Office between the sub-contractor for NYSERDA and the Chamber of Commerce to offer free energy assessments to small businesses; promote implementation of the Property Assets Clean Energy Program; promote solar energy in Saratoga Springs; solarize Saratoga campaign; and a meeting is being set up to review water issues in Saratoga. Discussion: “Mayor’s Challenge” – Veteran’s Homelessness Mayor Yepsen stated this encourages mayors and local leaders across the county to wipe out homelessness of veterans by end of 2015. The regional HUD office asked that Saratoga Springs be a key city in this initiative. Progress on this program will be tracked. Discussion: Update on City Human Resources Director Position Mayor Yepsen advised Carl Gonzalez will be leaving the middle of September. The search for a full time human resource director will begin. The posting of the ad will happen starting this weekend. Discussion: Update on Saratoga Springs Bikeshare Week Mayor Yepsen stated last Wednesday the one week bikeshare program began. Tonight concludes that week. She thanked all who participated. Appointment: Design Review Commission Mayor Yepsen pulled this item from her agenda. Mayor Yepsen moved and Commissioner Franck seconded to add an item to her agenda regarding an easement for 61 Lawrence Street. (14-282) Ayes – All Tony Izzo stated the Real Estate Committee approved Hidden Square LLC the right to maintain an existing 3.1 foot roof overhang on Railroad Alley. They need approval to continue on with their current project. Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor to grant an easement relating to a roof at 61 Lawrence Street as distributed to the Council. (14-283) Ayes - All ACCOUNTS DEPARTMENT Appointment: Commissioner of Deeds Commissioner Franck announced the appointment of our 4 new police officers as commissioners of deeds: Kristopher Cammaro, Meghan Hall, Shawn Thorpe, and William Iachetta. Award of Bid: Floor Refinishing West Ave. Fire Station to Tuff Kote Flooring, LLC (14-284) Commissioner Franck moved and Commissioner Mathiesen seconded to award the bid for the Floor Refinishing West Avenue Fire Station to Tuff Kote Flooring, LLC for $24,500. Page 7 of 17 City Council Meeting 8/5/14 Funding is in line H3146952 / 52000 / 1133. Ayes - All Discussion and Vote: Resolution to Appoint a Marriage Officer (14-285) Commissioner Franck advised the City Council has the authority to appoint a marriage officer. This appointment will allow the marriage officer to perform one ceremony. Commissioner Franck moved and Commissioner Scirocco seconded to approve the resolution as distributed with the agenda. Ayes - All Commissioner Franck moved and Commissioner Scirocco seconded to add an item to his agenda to authorize the settlement of two Article 7 cases for parcel #s 165.-7-1.1 and 165.-7-3-2. (14-286) Ayes - All Commissioner Franck moved and Commissioner Mathiesen seconded for the City Council to settle the Article 7 cases for parcel #s 165.-7-1.1 and 165.-7-3-2 for years 2010, 2011, 2012, and 2013 as follows: (14-287) Parcel # Negotiated Negotiated Negotiated Negotiated Refund Assessed Assessed Value Assessed Value Assessed Amount Value 2010 2011 2012 Value 2013 165.-7-1.1 $9,577,075 $8,778,986 $8,379,941 $7,980,896 $68,223.46 165.-7-3-2 $60,000 $50,000 $40,000 $40,000 $1,269.42 The grand total of refunds for years 2010 – 2013 for both parcels is $69,492.87. Ayes - All FINANCE DEPARTMENT Discussion: 2nd Quarter 2014 Financial Report Commissioner Madigan stated the report is available on the website and has been forwarded to the City Clerk’s Office. The figures reflect actual amounts posted as of June 30, 2014. The City is on target for the second quarter of 2014. General fund revenues collected are 49.3%; general fund expenditures are 44.4%; and 67% of property tax has been collected. VLT aid was received on June 26th and represents full payment for year 2014. Mortgage tax appears to be lagging behind than in previous years and ambulance transport fees are down a little this year at this time compared to last year. Commissioner Madigan stated no department is 50% expended at the half way point of the year but she recommended everyone watch their budgets closely. Discussion and Vote: Authorization for the Mayor to Sign Agreement with County Waste & Recycling Service, Inc. for Public Space Recycling Pilot (14-288) Commissioner Madigan stated we have entered into a pilot program with County Waste. There will be 4 bins available in various locations. Page 8 of 17 City Council Meeting 8/5/14 Commissioner Scirocco stated County Waste is looking to create new tops on the bins to help people recycle. Commissioner Madigan stated this is a pilot program for 3 months at no cost to the City. County Waste will supply and install the bins and will maintain, replace, and remove the containers. Commissioner Madigan moved and Commissioner Scirocco seconded to authorize the mayor to sign an agreement with County Waste and Recycling Services, Inc. for public space recycling pilot. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Official Payments Amendment to Agreement (14-289) Commissioner Madigan stated this is vendor renewal for our payment processor vendor for utility bills and taxes. There is no fee to the City; the resident will be charged a convenience fee for each transaction. Commissioner Madigan moved and Commissioner Franck seconded to authorize the mayor to sign Official Payments Amendment to Agreement as distributed with the agenda. Ayes - All Discussion and Vote: Resolution for the Use of the Recreation Trust – Dog Park Fence at Crescent and S. Broadway (14-290) Commissioner Madigan stated this is being done with the Historic Preservation and NYS Parks and Recreation. The base cost of the project is $65,536. This is an allowable use of the Recreation Trust Fund. The amount in the fund is $1,176,550 and $1,143,550 will remain after tonight. Council waived the reading of the following resolution: BE IT RESOLVED, by the City Council of the City of Saratoga Springs as follows: WHEREAS, the City of Saratoga Springs has established a subdivision recreation fund as part of its Subdivision Regulations and as part of its Zoning Ordinance (Section 7.2.18). The purpose of the subdivision recreation fund is to use site plan fees paid in lieu of usable recreation land for “neighborhood park, playground or recreation purposes, including the acquisition and improvement of property”; and WHEREAS, the Saratoga Spa State Park contains an informally developed and unfenced area known as the “Dog Park”, located outside of the main park on Route 9. The Dog Park is a valuable amenity to the City that is frequented and enjoyed by many Saratoga citizens; and WHEREAS, the Dog Park as it currently exists needs several improvements: the Karner Blue Butterfly, on the list of federally endangered species since 1992, and the state threatened frosted elfin butterfly, have been found adjacent to the site; the off-leash area is not fenced in; and the entire Dog Park is not technically in conformance with numerous standards in the NYS Parks and Recreation Law; and WHEREAS, recognizing these issues, and the public’s need for an area for off leash dog recreation, the subject of the off-leash area was an important topic of the 2009 Master Plan for Saratoga Spa State Park. As a result of discussions between State Parks, DEC, and US Fish and Wildlife Service staff as well as the public, State Parks sought a compromise by including, in the final Master Plan, a proposal to construct a fenced dog park at the site of the current off-leash area. As proposed, the site would include: · Approximately 1.725 acres of off-leash access · Approximately 0.48 acres dedicated to small dogs and 1.24 acres available to small and large dogs. · An approximately 0.7 acre wooded area to be thinned in order to retain larger trees but remove the understory for open access to natural shade. · A double-gate entry/exit to ensure control of dogs while entering/exiting the fenced play area. · Fully accessible sidewalks connecting the parking lot, the dog park entrance, and existing sidewalks; and WHEREAS, the New York State Office of Parks Recreation and Historic Preservation/Saratoga Spa State Park has offered to partner with the City of Saratoga Springs and a local citizen group to complete this project. The total project cost is estimated to be $65,563.46: proposed State and City contribution is up to $33,000 each, and proposed citizens group contribution is amounts raised for amenities, such as benches, shelters, waste receptacles, and weave posts. The State will be responsible for managing the project as well as all subsequent maintenance and upkeep. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The City Council finds that an expenditure of up to $33,000 to improve the Dog Park as stated above is reasonable, in the public interest, and in accordance with the purposes of the subdivision recreation fund. 2. The City Council authorizes said payment of up to $33,000 to be paid from the Subdivision Recreation fund for that purpose. Page 9 of 17 City Council Meeting 8/5/14 Commissioner Madigan moved and Commissioner Scirocco seconded to approve the resolution for the use of the Recreation Trust Fund as distributed with the agenda. Ayes – All Discussion and Vote: Resolution for Non-Union Full Time Personnel for 2015 (14-291) Commissioner Madigan stated the resolution covers wages and benefits for non-union personnel. The Council is now required to review the resolution annually by the first meeting in August. Most of the revisions will go into effect January 1, 2015. The cost of the 1.9% increase for these positions total $11, 114. Reading of the following resolution was waived by the Council: Resolution for non-union full time personnel Amended August 5, 2014 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, and shall include such further terms as added by Resolutions dated July 19, 2011, January 15, 2013, August 6, 2013, December 17, 2013, and August 5, 2014. B. Unless otherwise stated, the terms added by this August 5, 2014 amendment shall take effect January 1, 2015. C. Effective January 1, 2014, the Principal Planner, Zoning and Building Inspector shall no longer be included in or covered by this Resolution, or any terms and conditions contained herein. D. Effective July 11, 2014, the Administrative Director – Recreation shall no longer be included in or covered by this Resolution, or any terms and conditions contained herein. E. The employee shall not be entitled to overtime compensation. F. 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. G. 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. H. 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 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 reappointed, the employee shall be entitled to payment Page 10 of 17 City Council Meeting 8/5/14 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 12 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, Christmas Day, and Election Day at the November General Election. 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), grandchild, step parent, step child, aunt, uncle or other persons living in the household of the employee. Rev. 7/19/11, 1/15/13; 08/06/13, 12/17/13, 08/05/14 Page 4 of 7 parent, step child, aunt, uncle or other persons living in the household of the employee. 6. Retirement: The employee shall be covered by the New York State Employees’ 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 residing within the geographic network served by MVP, the City shall offer the MVP Medicare Advantage Preferred Gold as the sole plan. For all Medicare eligible retirees residing outside the geographic network served by MVP, the City shall offer the MVP Preferred PPO Plan Page 11 of 17 City Council Meeting 8/5/14 as the sole plan. For all retirees not eligible for Medicare residing within the geographic network served by MVP, the City will offer the MVP Co-Plan 25 HMO as the sole plan. For all retirees not eligible for Medicare residing outside the geographic network served by MVP, the City will offer the MVP Preferred PPO Plan as the sole plan. The City shall provide these plans to the retired employees and their dependents. In the event that federal or 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, 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 benefit(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 Employees’ 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 $2,200.00 for single coverage, $2,500.00 for two-person coverage or $3,000.00 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 Rev. 7/19/11, 1/15/13; 08/06/13, 12/17/13, 08/05/14 Page 6 of 7 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 $2,200.00 (for single coverage), $2,500.00 (for two-person coverage), or $3,000.00 (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 Page 12 of 17 City Council Meeting 8/5/14 this plan to the employee, their dependents, and retired employees and their dependents. Effective January 1, 2015, said employees will no longer be entitled to participate in the Health Reimbursement Arrangement. Employees shall have until March 31, 2015 to submit claims for expenditures incurred in 2014. 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 5 years of service $250.00; After 10 years of service $500.00; After 15 years of service $1,550.00; After 19 years of service $1,800.00; 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. I. 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. J. 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 – NortheastRegion 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. K. 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 Scirocco seconded to approve the resolution for non-union full time personnel as distributed with the final agenda. Ayes – All Discussion and Vote: Budget Transfers City Center Contingency (14-292) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2014 budget transfers - City Center contingency that were made available with the agenda materials. The current budget amount in the contingency line is $5,500; there will remain $3,500 after this transfer. Ayes - All Discussion and Vote: Budget Transfers – Payroll (14-293) Page 13 of 17 City Council Meeting 8/5/14 Commissioner Madigan moved and Commissioner Franck seconded to approve the 2014 budget transfers – payroll which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Benefits (14-294) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2014 budget transfers – benefits which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Benefits (14-295) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2014 budget amendments – benefits which were distributed with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Interfund (14-296) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2014 budget amendments – interfund which were distributed with the agenda. Ayes – All Announcement: Refunding Bond Issue Commissioner Madigan announced the City has an opportunity to refund bonds due to the low interest rates being offered to the City. The bonds to be refunded include the 1997, 2002, 2004, 2005, 2006, and 2007 bonds. The estimates savings is $1,483,432 from 2015 – 2035; the estimated savings for 2015 is $92,000. Announcement: 2015 Requested Budgets Commissioner Madigan announced budgets are due Thursday, August 7th by noon. PUBLIC WORKS DEPARTMENT Discussion and Vote: Approval for Supplemental Agreement #2 & Resolution with DOT for the Ballston Avenue Project (14-297) Commissioner Franck recused himself and left the room. Commissioner Scirocco stated this is a supplemental agreement #2 to authorize the additional consultant design, construction, inspection, and right of way acquisition fees. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign supplemental agreement #2 and approve the resolution as previously distributed with the NYSDOT for the reconstruction of the Ballston Avenue Project. Ayes – All Commissioner Franck re-joined the meeting. Page 14 of 17 City Council Meeting 8/5/14 Discussion and Vote: Authorization for the Mayor to Sign Agreement with Barton & Loguidice PC Spring Run Trail Monitoring (14-298) Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement addendum with Barton & Loguidice in the amount of $8,975. Funding is in line A3031494 / 54746. Ayes - All Discussion and Vote: Authorization for the Mayor to Sign Change Order with Stilsing Electric, Inc. (14-299) Commissioner Scirocco stated this is the first change order for the water plant generator project. This change order is a credit for $650. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign change order with Stilsing Electric, Inc. for the Water Treatment Plant Generator in the amount of $650. Funding is in line H3638332 / 52000 / 1139. Ayes – All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Resolution Relative to the Sale of the Collamer Lot & Purchase of Parcel on Union Ave. (14-300) Commissioner Mathiesen stated he has been informed by Tony Izzo, who also spoke with Mark Schactner, that the resolution passed on December 17, 2013 approved the sale of the Collamer lot and purchase the parcel on Union Avenue. Commissioner Mathiesen removed this item from the agenda. Discussion and Vote: Determination of SEQRA for the Sale of Parcel 165.52-4-39 (Collamer Lot) (14-301) Commissioner Mathiesen stated any land transactions are subject to the Quality Review Act; therefore, they are complying and going through SEQRA. This is a Type 1 action and requires the SEQRA Long Form to be completed. The City Council completed the SEQRA Long Form Part 1 - copy attached to minutes. The City Council went on to complete SEQRA Long Form Part 2 – copy attached to minutes. The City Council completed SEQRA Long Form Part 3 - copy attached to minutes. Commissioner Mathiesen moved and Commissioner Madigan seconded to approve a negative declaration be issued. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract for the Sale of Parcel 165.52-4-39 (Collamer Lot) (14-302) Page 15 of 17 City Council Meeting 8/5/14 Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign the contract with the Algonquin Building, LLC, for the sale of parcel 165.52-4-39. Ayes - All Discussion and Vote: Determination of SEQRA for Purchase of Parcel 179.3-1 on Union Avenue (14-303) Commissioner Mathiesen stated the approval of this sale has to be approved by the Attorney General’s Office. The City Council completed SEQRA Short Form Part 1 – copy attached to minutes. The City Council completed SEQRA Short Form Part 2 – copy attached to minutes. Commissioner Mathiesen moved and Commissioner Scirocco seconded to approve the finding of facts as recited in the short EAF and determine that the proposed action will not result in any significant adverse negative environmental impacts and that a negative SEQRA declaration be established. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract for Purchase of Parcel 179.3-1 on Union Ave. (14-304) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Congregation & Yeshiva Pardes Yosef D’Chasidei Belz for the purchase of parcel 179.3-1 on Union Avenue. Mayor Yepsen asked if we are sure there is enough buildable land there. Commissioner Mathiesen stated we are. Commissioner Scirocco stated we received a lot of information from the Planning Department tonight. He asked that in the future this information be made available sooner and representatives from the department be in attendance. Mayor Yepsen stated he had ample time to talk to Mark Schactner and get his advice. Ayes – All Commissioner Mathiesen thanked everyone for their support. Mayor Yepsen applauded Commissioner Mathiesen, Deputy Finneran, and the residents for working so hard on this. She has supported to take action to make sure our citizens on the eastern plateau have adequate fire and EMS services. She is pleased this is moving forward. She has done her due diligence as mayor who signs all legal and other documents on behalf of the City. Doing our due diligence now will hopefully avoid any delays. We clearly need to make some changes on policies and procedures. It would have been her preference would have been not to have linked these 2 transactions together as it makes it more complicated and it took a lot longer because of the link. She still has several concerns and not about the goal of this project. Discussion and Vote: Authorization for Mayor to Sign Contract with Tuff Kote for the West Ave. Fire House Floor Refinishing Project (14-305) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign a contract with Tuff Kote Flooring, LLC in the amount of $24,500. Page 16 of 17 City Council Meeting 8/5/14 Funding is in line H3146952 / 52000 / 1133. Ayes - All SUPERVISORS Matthew Veitch County Recycling Program Supervisor Veitch reported the County has set up 5 recycling centers throughout the County. One is on Weible Avenue. They do multi-stream recycling meaning everything has to be separated out. They are going to go to a single-stream recycling program and will cost the County less. Their employees will be reassigned and the City will be paid approximately $35,000 to take over this service. Maplewood Manor Supervisor Veitch reported the County has gone into a contract to sell the nursing home. The Department of Health needs to certify the company that is taking over is a viable company. Saratoga County Youth Advisory Council Supervisor Veitch reported he was approached by a young man from Clifton Park who would like to do a Youth Advisory Council. This would be an extension of the Character First Program. Peter Martin Veterans’ Affairs Supervisor Martin reported the next honor flight will be September 6th. Going forward, the honor flights will also be open to Korean War Veterans. They have been busy with their peer-to-peer events. A new veteran service officer has been appointed. County Recycling Operations Supervisor Martin reported the County will retain the tasks of issuing an RFP for recycling and will retain the revenues from the recycling throughout the next two trial years. They will pay the City $35,000 per year, provide forms to retain data, and an agreement will be drafted by the County attorney to be brought to the City attorney. They plan to be ready to go January 1st. ADJOURNMENT There being no further business, Mayor Yepsen adjourned the meeting at 10:43 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 9-2-14 Vote: 5 - 0 Page 17 of 17