City Council

September 16, 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) EXECUTIVE SESSION CONSENT AGENDA 1. Approval of 9/2/14 City Council Meeting Minutes 2. Approval of 9/2/14 Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 9/5/14 $464,399.95 6. Approve Payroll 9/12/14 $470,548.29 7. Approve Warrant: 2014 Mid – 14 MWSEP1 $112,263.42 8. Approve Warrant: 2014 REG – 14SEP2 $3,996,115.85 MAYOR’S DEPARTMENT 1. Announcement: Mayor’s Desk 2. Discussion and Vote: Authorization for the Mayor to Sign Change Order with Cleveland Brothers Landscaping, Inc. 3. Announcement: Groundbreaking at Waterfront Park 4. Appointment: Board of Ethics 5. Appointment: Recreation Commission 6. Appointment: Community Development Advisory Board 7. Appointment: Junior Committee ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT 1. Discussion and Vote: Bond Resolution – Landfill Flaring Project 2. Discussion and Vote: Capital Budget Amendment – Landfill Flaring Project 3. Discussion and Vote: Agreement Addendum Three Between the city of Saratoga Springs, NY and SAX/BST LLC 4. Discussion and Vote: Resolution for the City Attorney 5. Discussion and Vote: Resolution for Non-Union Full Time Personnel City Council Meeting 9/16/14 6. Discussion and Vote: Budget Transfers – Payroll 7. Discussion and Vote: Budget Transfers – Benefits 8. Set Public Hearing: 2015 Comprehensive Budget PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend the 2014 Capital Budget – Weibel Avenue Landfill Gas Project 2. Discussion and Vote: Authorization for the Mayor to Sign an Contract with Saratoga Youth Hockey 3. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Care Environmental Corp. – Household Hazardous Waste Day 4. Announcement: Dedication Ceremony for Ed Valentine Former Commissioner of Accounts 5. Discussion and Vote: Resolution for State Assistance for Household Hazardous Waste Day PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Change Order 1 with Butler Rowland Mays 2. Discussion and Vote: Authorization for Mayor to Sign Change Order 20 with Hoosick Valley Contractors 3. Discussion and Vote: Authorization for Mayor to Sign Change Orders 5 & 6 with Jack Hall Plumbing for HVAC 4. Discussion and Vote: Authorization for Mayor to Sign Change Orders 5 – 8 with Jack Hall for Plumbing Work 5. Discussion and Vote: Authorization for Mayor to Sign Change Orders 9 – 11 with Harold Clune 6. Announcement: Public Safety Forum on September 25, 2014 at 7 pm in the City Council Room SUPERVISORS Matthew Veitch 1. Public Safety Committee 2. Airport Master Plan 3. 2015 Saratoga County Budget 4. NYSAC Conference – September 22 – 24, 2014 Peter Martin 1. Saratoga County Airport Master Plan 2. County Recycling Operations 3. SNAP Program Office 4. Saratoga County Framework for Success 5. Board of Supervisors Meeting ADJOURN Page 2 of 16 City Council Meeting 9/16/14 September 16, 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 Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Lynn Bachner, Deputy Commissioner, Finance Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Peter Martin, Supervisor Matthew Veitch, Supervisor RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Yepsen called the meeting to order at 7:01 p.m. PUBLIC COMENT 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. Page 3 of 16 City Council Meeting 9/16/14 Mayor Yepsen opened the public comment period at 7:02 p.m. Charlie Morrison of 88 Court Street stated last year 47 people were killed in Quebec in a 70 car (tanker) pile-up caused by an oil spill from taker cars that derailed. The oil is coming through our watershed, through the middle school, past the back of Skidmore College, and in the back of the medical building. He submitted a handout to the Council. The County and the City should take a look at their emergency plans. Phil Diamond of 55 Railroad Place stated every once in a while we have arguments if the commission-form of government is better than a strong mayor form of government. The last election made it obvious what is wrong with this form of government. We elected a mayor who wants to do the right thing, however, four other commissioners were elected at the same time who have no idea what the right thing is. They have no idea they have to work for the taxpayer. He implored the mayor to keep working for the taxpayer and get an appraisal of the lot. Bonnie Sellers of 73 Fifth Avenue stated she was wondering about the item on Commissioner Madigan’s agenda regarding the city attorney item. The Charter is clear that this is the mayor’s David Bronner of 5 Royal Henley Court stated he is going back to the land deal again. The Commissioner of Public Safety wrote a reader’s view to explain the land deal. There is no mention in that article about the $1.1 million dollar offer from a developer to buy that lot. The controversy over this has been surrounded by Mr. Zappone’s offer and contract to pay $1.1 million for that lot. We need an explanation of this. He is happy to see we are moving forwarded with the purchase of the defibrillators. Darlene McGraw of 1 South Federal Street stated people who ride bikes are no different than those who drive cars. We need to have more enforcement so we can be seen. We need to put funds out there for the homeless. Mayor Yepsen closed the public comment period at 7:13 p.m. Commissioner Mathiesen stated public safety officials have been in contact with the rail system and looking at what needs to be done to update our emergency preparedness. Some of the issue raised tonight about the $1.1 million dollars was addressed in an editorial that appeared in the Gazette. CONSENT AGENDA Mayor Yepsen moved and Commissioner Franck seconded to accept the consent agenda as follows: 1. Approval of 9/2/14 City Council Meeting Minutes 2. Approval of 9/2/14 Pre-Agenda Meeting Minutes 3. Approve Budget Amendments (Increases) 4. Approve Budget Transfers – Regular 5. Approve Payroll 9/5/14 $464,399.95 6. Approve Payroll 9/12/14 $470,548.29 7. Approve Warrant: 2014 Mid – 14 MWSEP1 $112,263.42 8. Approve Warrant: 2014 REG – 14SEP2 $3,996,115.85 Commissioner Madigan stated the warrant in item #8 is large due to the third county sewer payment; third county tax payment; and capital project payments. Ayes - All MAYOR’S DEPARTMENT Page 4 of 16 City Council Meeting 9/16/14 Announcement: Mayor’s Desk Mayor Yepsen reported on the following items:  Grants-to-You Program is still going strong and there to help non-profits. There is a class this weekend at Skidmore College.  There are several cultural and civic events going on this weekend. The Native American Festival is happening Saturday at the State Park; the Frederick Allen Lodge Jazz Barbeque is happening on Saturday; the City Center is celebrating its 30th anniversary. Mr. Baker, president of the City Center Authority invited the community to an open house on Saturday.  Thanked all who participated in the workshop for FEMA last week. Discussion and Vote: Authorization for the Mayor to Sign Change Order with Cleveland Brothers Landscaping, Inc. (14-355) Mayor Yepsen advised this is in the amount of $7,465 for additional work on the Veteran’s Memorial Field Project. Mayor Yepsen moved and Commissioner Franck seconded to authorize the mayor to sign a change order with Cleveland Brothers Landscaping, Inc. in the amount of $7,465 for additional work in relation to the Veterans’ Memorial Field Rehabilitation Project as distributed with the agenda. Ayes – All Announcement: Groundbreaking at Waterfront Park Mayor Yepsen advised the groundbreaking for the Waterfront Park is scheduled for September 22, 2014 at 11:00 a.m. Appointment: Board of Ethics Mayor Yepsen changed this to a discussion and vote according to the Charter. She appointed John Ellis to the Board of Ethics. Mayor Yepsen moved and Commissioner Franck seconded to appoint John Ellis to the Board of Ethics effective immediately. Ayes – All Appointment: Recreation Commission Mayor Yepsen appointed Cheryl Smith to the Recreation Commission. Cheryl Smith is employed by Boston Associates and the YWCA. She has a wealth of knowledge about sports and recreation. Appointment: Community Development Advisory Board Mayor Yepsen appointed the following people: Rich Ferguson, Pamela Polacsek, Lu Lucas, and Elizabeth Garafano. Appointment: Junior Committee Mayor Yepsen appointed the following students to the Junior Committee: Katya Leidig, Alexander Shaw, Kaitlyn O’Donnell, Ethan North, Emily MacDougall, Sarah Marlin, Serena Egan, Michael Chille, Logan Briscoe, Lillian Doern. Page 5 of 16 City Council Meeting 9/16/14 ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT Discussion and Vote: Bond Resolution – Landfill Flaring Project (14-356) Commissioner Madigan stated the bond resolution is for the construction part of the project. The total cost is $500,000 of which $380,000 will be bonded and the remainder will be from a grant. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2014 bond resolution that was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Yepsen - Aye Discussion and Vote: Capital Budget Amendment – Landfill Flaring Project (14-357) Commissioner Madigan moved and Commissioner Scirocco seconded for approval of the 2014 – capital budget amendment for the Landfill Flaring Project which was distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Yepsen - Aye Discussion and Vote: Agreement Addendum Three Between the City of Saratoga Springs, NY and SAX/BST LLC (14-358) Commissioner Madigan advised the City cannot receive final payment for the Railroad Run Project until a certain report has been generated and reviewed. Our independent auditors have agreed to do this report for us. The cost is about $3,000 and funding is in line H3517234 / 54720 / 11000. Commissioner Madigan moved and Commissioner Scirocco seconded to authorize the mayor to sign agreement addendum three between the City of Saratoga Springs, NY and SAX/BST that was distributed with the agenda. Ayes – All Discussion and Vote: Resolution for the City Attorney (14-359) Commissioner Madigan stated the City does not have a single and concise resolution regarding the terms of employment of the city attorney. Payroll has repeatedly requested that a resolution be brought forward for the attorney and assistant city attorney. This is for audit purposed and provides the authority to pay the city attorney. The resolution reflects the scope of work, benefits, and compensation of the city attorney as it currently stands; it does not change any terms. This has been reviewed by legal counsel and risk and safety. She plans to bring forward a similar resolution for the assistant city attorney. Page 6 of 16 City Council Meeting 9/16/14 The resolution is as follows: RESOLUTION FOR CITY ATTORNEY It is the intent of this resolution to establish terms, compensation, and benefits for the City Attorney of the City of Saratoga Springs. This resolution shall supersede all prior resolutions, contracts, and Council actions affecting terms, compensation, and benefits for the City Attorney. Nothing in this resolution shall be construed to create an employment agreement nor alter the “at-will” status of the appointed City Attorney. WHEREAS, Title 8 of the City Charter entitled LEGAL MATTERS, Section 8.1 City Attorney states “There shall be a City Attorney who shall report to the Council regarding all legal matters affecting the City. The Mayor shall appoint the City Attorney, and the Council shall establish his or her compensation. The City Attorney shall serve as the general legal advisor and shall be responsible for providing legal services and guidance to the City and all its departments and entities. The City Attorney shall maintain regular and updated records and shall report to the Council on the progress of all legal matters conducted by or on behalf of the City, as required.”; and WHEREAS, legal services will be required by the City in connection with its administration; NOW THEREFORE BE IT RESOLVED as follows: A. Scope of Services: The City Attorney shall provide: 1. Legal services and advice for the benefit of the City Council, Mayor, Commissioners, and City departments. 2. Attendance at all regularly scheduled City Council meetings, and such other meetings as determined by the City Council or Council members. 3. Service as the Chief Information Officer for the City for all FOIL requests. 4. Service on various committees in accordance with the City Charter, City ordinances, Council Resolution, or as requested by City Council or Council member(s). 5. General supervision in conjunction with the City Attorney’s office and staff. 6. Other tasks in connection with the position City Attorney as may be requested by the Mayor or Commissioners. B. Term: This resolution shall take effect immediately upon City Council approval. C. Standard Workweek: The City Attorney’s standard workweek shall be no less than 30 hours per week. The City Attorney shall not be entitled to overtime or compensatory compensation. D. Compensation: The base salary the City Attorney for the calendar year shall be fifty-eight thousand dollars ($58,000.00). E. Benefits: The City attorney shall be an employee of the City of Saratoga Springs, and receive benefits attended thereto, including: 1. Retirement: The City Attorney shall be covered by the New York State Employee’s Retirement System known as 75i of the New York State Retirement Law. 2. Health Insurance: The City Attorney shall be entitled to participate in the MVP-25 Health insurance plan, or such other health insurance plan of the City’s choice, at a cost to the City Attorney of 10% of the total cost of the health insurance plan, not to exceed $750. a. Affordable Care Act. 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. b. Opt-Out: The City Attorney may elect not to participate in a plan of medical and health insurance benefits provided under this agreement and such City Attorney shall be eligible to receive a payment that is of $2,200.00 for single coverage, $2,500.00 for two-person coverage or $3,000.00 for family coverage per calendar year. The City Attorney shall not be eligible to receive such payment unless the City Attorney shall have provided proof to the Finance Office that the City Attorney and such City Attorney’s eligible dependents are covered by a comparable plan of medical and health insurance benefits for the entire year that the City Attorney elected not to be covered by a plan provided by the City. Page 7 of 16 City Council Meeting 9/16/14 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. The City Attorney must promptly notify the City of termination of alternative medical and health insurance benefit coverage. In the event that the City Attorney reenrolls in a health insurance program, the City Attorney 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. 3. Vision Insurance: The City agrees to pay 100% of the cost of the Employee Benefit fund Vision Plan Platinum 12 for the City Attorney and his/her dependents. 4. Disability: New York State Disability Insurance shall be offered to the City Attorney at no cost to the City Attorney. 5. Life: The City shall provide group term life insurance for the City Attorney at no cost to the City Attorney. F. Liability Insurance: The City agrees to hold the City Attorney harmless from liability or loss sustained by or from any causes of action, suit, debts, dues, accounts, judgments, proceedings, claims and demands whatsoever which may be commended against the City Attorney alleging act or omissions by him/her while acting in his/her capacity as City Attorney on behalf of the City Council. The City shall provide the City Attorney while acting in his/her capacity as the City’s Attorney all statutory workers compensation and public officials liability coverage. G. Confidential Information: In connection with the provision of the legal services to the City by the City Attorney, the City may disclose to the City Attorney information that is proprietary or confidential information. Any and all City communications, records, documents, written, oral or electronic communication or other information of any kind shall be deemed and treated as confidential by the City Attorney. The City Attorney shall not copy, transmit, deliver or communicate in any way to any other person or entity any such communications and/or information without the prior approval of the City Council, Mayor, or Commissioner(s). The City Attorney agrees to use such confidential information solely for the purpose of performing services hereunder for the City. The term "confidential information" does not include information that (i) is or becomes generally available to the public other than as a result of disclosure by the City Attorney, (ii) is or becomes available to the City Attorney on a non-confidential basis from sources other than the City, provided that such source is not bound by a written confidentiality agreement with the City, or (iii) was lawfully within the City Attorney's possession prior to its being furnished to the City Attorney by the City, provided that the source of such information was not bound by a written confidentiality agreement with the City, or (iv) is required under applicable law or by deposition, interrogatory, request or demand for information or documents, subpoena, investigative demand, FOIL, court order or other similar legal process. In such cases the City Attorney shall provide the City with written notice that such information is not deemed confidential. Such notice shall provide the City sufficient time to seek a protective order or other legal remedy. All written confidential information (and all copies, extracts or other reproductions in whole or in part thereof) obtained by the City Attorney from the City shall be returned to the City and have the status of City work papers. Except as set forth herein, no confidential information shall be retained by the City Attorney upon the conclusion of the City Attorney’s appointment. H. Press: No comment to the press shall be made by the City Attorney without prior approval of the City Council, Mayor, or Commissioner(s). I. Conflicts of Interest: The City Attorney as appointed represents and warrants that he/she has no conflict, actual or perceived, that would prevent him/her from performing the duties and responsibilities of the office and as set forth under this Resolution in accordance with the NYS Public Officials Law and the ethical considerations and rules adopted by NYS Bar Association. In the event a conflict exists, the City Attorney shall notify the City Council by formal written notice within five business days of the conflict being identified. The City Attorney shall recuse him/herself from any legal issue that may impair the operation of City government. J. This Resolution shall be periodically reviewed by the City Council. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the resolution for the city attorney as distributed with the agenda. Mayor Yepsen stated this is straight forward and factual. She understands why this is being done, however, section H doesn’t belong in a financial document. This part should go in a policy document but not this one. Page 8 of 16 City Council Meeting 9/16/14 Mayor Yepsen made a friendly amendment to remove section H from this document. Commissioner Madigan stated this is not a financial document. This is a document that outlines the scope of work for the city attorney. Mayor Yepsen inquired why this statement is not in any other non-union management confidential documents. Commissioner Mathiesen stated this is a unique position and it makes sense to clear any statements with the City Council any statements made to the press. Commissioner Scirocco stated this is saying you can talk to the press but it should be cleared through the Council, or the mayor. Commissioner Madigan did not accept the friendly amendment. Original motion stands. Commissioner Franck commented that if the statement said ‘and’ he would have a real problem with it. As long as the statement has ‘or’ in it he is fine with it. Whether it goes here or somewhere else, it needs to go somewhere. Ayes – 4 Nays – 1 (Mayor Yepsen) Discussion and Vote: Resolution for Non-Union Full Time Personnel (14-360) Commissioner Madigan advised clause ‘J’ of the resolution has been revised so that an employee has to be with the City for 6 months or more to receive a raise. The exception to this is executive assistants and deputies. This change has been reviewed by legal counsel. The resolution is as follows: Resolution For Non-Union Full Time Personnel Amended September 16, 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 “atwill” 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, August 5, 2014, and September 16, 2014. B. Unless otherwise stated, the terms added by this September 16, 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 Page 9 of 16 City Council Meeting 9/16/14 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 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. 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 Page 10 of 16 City Council Meeting 9/16/14 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 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 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 $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 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 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. Page 11 of 16 City Council Meeting 9/16/14 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 – 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. However, employees other than Executive Assistants and Deputies named herein must be employed with the City for six consecutive months prior to January 1 in order to be eligible for the increase in salary described in this paragraph. 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 Mathiesen seconded to approve the resolution for non-union full time personnel as distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Payroll (14-361) Commissioner Madigan moved and Commissioner Mathiesen seconded to approve the 2014 budget transfers – payroll which were distributed with the agenda. Ayes - All Discussion and Vote: Budget Transfers – Benefits (14-362) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2014 budget transfers – benefits which were distributed with the agenda. Ayes - All Set Public Hearing: 2015 Comprehensive Budget Commissioner Madigan set a public hearing for October 21, 2014 at 6:45 p.m. Page 12 of 16 City Council Meeting 9/16/14 PUBLIC WORKS DEPARTMENT Discussion and Vote: Amend the 2014 Capital Budget – Weibel Avenue Landfill Gas Project (14-363) Commissioner Scirocco moved and Commissioner Franck seconded to amend the 2014 capital budget in the amount of $500,000 for the Weibel Avenue Landfill Gas Project. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Contract with Saratoga Youth Hockey (14- 364) Commissioner Scirocco advised this is an annual contract that runs from July of each year until the following April for the use of the concession stand. The amount is $450 for July and August, 2014 and $600 for September 2014 – April 2015. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Saratoga Youth Hockey for the amount and dates as stated. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement with Care Environmental Corp. – Household Hazardous Waste Day (14-365) Commissioner Scirocco stated on Saturday, October 11, 2014 the household hazardous waste day will be held. It is for City residents only and proof of residency must be shown. A list of acceptable and unacceptable items can be found on the City’s web site. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign an agreement with Care Environmental Corporation for the Household Hazardous Waste Program in the amount of $20,000. Funding is in line A3638204 / 54739. Ayes - All Announcement: Dedication Ceremony for Ed Valentine Former Commissioner of Accounts Commissioner Scirocco announced the dedication ceremony of the Ed Valentine Field will be held on September 30, 2014 at 1 p.m. Discussion and Vote: Resolution for State Assistance for Household Hazardous Waste Day (14-366) Commissioner Scirocco stated this resolution is for the reimbursement of funds for the Household Hazardous Waste Day. The resolution is as follows: A Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York Stat. WHEREAS, the State of New York provides financial aid for household hazardous waste program; and WHEREAS, the City of Saratoga Springs herin called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; Page 13 of 16 City Council Meeting 9/16/14 NOW, THEREFORE, BE IT RESOLVED BY the City of Saratoga Springs 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Mayor of his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract, upon approval by the City Council, if said application is approved by the STATE; 3. That the MUNICPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. That four (4) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation together with a complete application. 5. That this resolution shall take effective immediately. Commissioner Scirocco moved and Commissioner Madigan seconded to adopt the resolution authorizing the filing of an application for state assistance from the Household Hazardous Waste Day to be held this fall 2014. Ayes - All PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Change Order 1 with Butler Rowland Mays (14-367) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign change order #1 with Butler Rowland Mays in the amount of $40,137.50. Funding is in line H3146952 / 52000 / 1188. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Order 20 with Hoosick Valley Contractors (14-368) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign change order #20 with Hoosick Valley Contractors in the amount of $6,642. Funding is in line H3146952 / 52000 / 1188. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Orders 5 & 6 with Jack Hall Plumbing for HVAC (14-369) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign change orders #5 & 6 with Jack Hall Plumbing for HVAC in the amount of $25,795.79. Funding is in line H3146952 / 52000 / 1188. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Orders 5 – 8 with Jack Hall for Plumbing Work (14-370) Commissioner Mathiesen moved and Commissioner Madigan seconded to authorize the mayor to sign change orders #5 – 8 with Jack Hall for plumbing work in the amount of $7,420.37 Funding is in line H3146952 / 52000 / 1188. Page 14 of 16 City Council Meeting 9/16/14 Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Orders 9 – 11 with Harold Clune (14-371) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign change orders 9 – 11 with Harold Clune in the amount of $21,506. Funding is in line H3146952 / 52000 / 1188. Ayes – All Announcement: Public Safety Forum on September 25, 2014 at 7 pm in the City Council Room Commissioner Mathiesen announced the next Public Safety Forum will be held on September 25, 2014 at 7 p.m. in the City Council Room. SUPERVISORS Matthew Veitch Supervisor Veitch commented on the oil tanker comment from public comment. He has received several inquiries from residents who live along the Geyser Road area and he has referred these to the new emergency services office coordinator. Public Safety Committee Supervisor Veitch reported they passed a resolution claiming October as Domestic Violence Month; they will be collecting about $10,000 more per year on phone calls made out of the jail by the inmates; and a grant was accepted that pays for their conflict defender. Airport Master Plan Supervisor Veitch reported the draft master plan update was passed. A decision has to be made as to what to do with the airport. 2015 Saratoga County Budget Supervisor Veitch reported they have general funds, highway funds, self insurance funds, equipment funds, employment and training, sewer district, and the nursing home. They are working with the analyst and the county administrator to get the budget in line as requests coming in are $12 million dollars over what the revenue generated would be. NYSAC Conference – September 22 – 24, 2014 Supervisor Veitch reported the NYSAC conference is September 22 – 24th this year. Peter Martin Saratoga County Airport Master Plan Supervisor Martin reported Supervisor Veitch covered this item well. County Recycling Operations Page 15 of 16 City Council Meeting 9/16/14 Supervisor Martin reported the comments on the RFP were submitted by last Friday. The comments he made that he felt would affect our City were included in the RFP. SNAP Program Office Supervisor Martin reported the food stamp program office in the Woodlawn Avenue building is being closed. The office will be consolidated with the staff in Ballston Spa. Saratoga County Framework for Success Supervisor Martin reported this is a group that is headed by Paul Tonko’s Office. He sits in this group. One topic discussed was the collection and finalization of the traffic study of the activity at Global Foundaries. The other issue is making that campus more attractive. Board of Supervisors Meeting Supervisor Martin reported Supervisor Veitch covered this item well. ADJOURNMENT There being no further business, Mayor Yepsen adjourned the meeting at 8:23 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 10/7/14 Vote: 5 - 0 Page 16 of 16