City Council

December 30, 2020 CITY OF SARATOGA SPRINGS City Council Meeting 3:30 PM 3:30 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES CONSENT AGENDA 1. Nothing at this time. MAYOR’S DEPARTMENT 1. Discussion and Vote: Approve Amendments to Non-Union Resolution 2. Discussion and Vote: Authorization for Mayor to Execute MOA with CSEA City Hall Union Regarding 2021 Wage and Other Concessions 3. Discussion and Vote: Authorization for Mayor to Execute MOA with CSEA DPW Union Regarding 2021 Wage and Other Concessions 4. Discussion and Vote: Authorization for Mayor to Execute MOA with Fire Administrative Officers Union Regarding 2021 Wage and Other Concessions 5. Discussion and Vote: Authorization for Mayor to Execute MOA with Firefighters Union Regarding 2021 Wage and Other Concessions 6. Discussion and Vote: Authorization for Mayor to Execute MOA with PBA Union Regarding 2021 Wage and Other Concessions 7. Discussion and Vote: Authorization for Mayor to Execute MOA with Police Administrative Officers Union Regarding 2021 Wage and Other Concessions 8. Discussion and Vote: Authorization for Mayor to Execute MOA with Police Lieutenants Union Regarding 2021 Wage and Other Concessions ACCOUNTS DEPARTMENT 1. Nothing at this time. FINANCE DEPARTMENT 1. Discussion and Vote: Budget Transfers Regular 2. Discussion and Vote: Budget Transfers - Payroll PUBLIC WORKS DEPARTMENT 1. Nothing at this time. City Council Meeting 12/30/2020 PUBLIC SAFETY DEPARTMENT 1. Nothing at this time. SUPERVISORS 1. Nothing at this time. ADJOURN Page 2 of 9 City Council Meeting 12/30/2020 December 30, 2020 CITY OF SARATOGA SPRINGS City Council Meeting 3:30 PM PRESENT: Meg Kelly, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Robin Dalton, Commissioner of DPS STAFF PRESENT: Lisa Shields, Deputy Mayor Deirdre Ladd, Deputy Commissioner of Finance Maire Masterson, Deputy Commissioner of Accounts Joe O’Neill, Commissioner of Public Safety Eileen Finneran, Deputy Commissioner of Public Safety Vince DeLeonardis, City Attorney EXCUSED: Matthew Veitch, Supervisor Tara Gaston, 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 Kelly called the meeting to order at 3:38 p.m. PUBLIC COMMENT Mayor Kelly said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes. Mayor Kelly opened the public comment period at 3:39 p.m. Rob Arrigo of Preserve Way, Wilton stated it is a sad day in Saratoga Springs as the Council is putting special interests in front of regular working people in the City. The Council should reconsider signing off on the MOAs being presented today. The residents were told before during the budget process they would have to sacrifice to avoid layoffs and keep essential services. The employees were going to give up a pay raise in 2021. After the budget passed, they are now hearing this is not the case. The employees are going to get a double raise in 2022 and that is not fair. Page 3 of 9 City Council Meeting 12/30/2020 Mayor Kelly closed the public comment period at 3:42 p.m. MAYOR’S DEPARTMENT Discussion and Vote: Approve Amendments to Non-Union Resolution (20-474) Mayor Kelly moved and Commissioner Dalton seconded to approve amendment to the non-union resolution as included with the agenda. The resolution is as follows: RESOLUTION FOR NON-UNION FULL TIME EMPLOYEES Amended March 17, 2020 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 each hereinafter referred to as "EMPLOYEE", and include: Executive Assistant Deputy Commissioner of Public Works Executive Assistant to the Mayor Deputy Commissioner of Accounts Executive Assistant to the Commissioner of Deputy Commissioner of Finance Public Works Deputy Commissioner of Public Safety Executive Assistant to the Commissioner of Deputy Mayor Public Safety Human Resources Specialist Human Resources Administrator Civil Service Coordinator Director of Risk and Safety City Attorney Communications Manager Budget Director 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, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, Deputy Mayor, and the Human Resources Administrator. 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, September 16, 2014, November 18, 2014, January 19, 2016, June 21, 2016, August 2, 2016, November 15, 2016, February 21, 2017, March 20, 2018, May 1, 2018, June 4, 2019, December 17, 2019, March 17, 2020, and December 29, 2020. B. Effective January 1, 2018, the title of Secretary for the Civil Service Commission shall be changed to Civil Service Coordinator and shall have a total annual base salary of Fifty Thousand Dollars ($50,000.00). The total compensation for the Civil Service Coordinator will remain at Fifty Thousand Dollars ($50,000.00) for 2018 and resume any increases in 2019 according to the current CSEA City Hall Bargaining Unit contract. Effective January 1, 2020 the title of Civil Service Coordinator shall have a total annual base salary of Fifty- Eight Thousand Dollars ($58,000.00) and resume any increases in 2021 according to the current CSEA City Hall Bargaining Unit contract. C. Effective March 25, 2019, the Human Resources Administrator’s annual base salary shall be One Hundred Ten Thousand dollars ($110,000.00). Effective January 1, 2020, the Human Resources Administrator’s annual base salary shall be One Hundred Fifteen Thousand dollars ($115,000.00). D. The salary of the Executive Assistant, Executive Assistant to the Commissioner of Public Works and the Executive Assistant to the Commissioner of Public Safety shall be the same as the Executive Assistant to the Mayor. Effective December 1, 2016 the total annual base salary of each aforementioned Executive Assistant shall be Forty Seven Thousand Five Hundred Four Dollars ($47,504.00). E. The addition of the City Attorney to this Resolution shall supersede all prior resolutions, contracts, and Council actions affecting terms, compensation, and benefits for the City Attorney including the November 15, 2016 Resolution previously approved by City Council. The annual base salary for the City Attorney shall be One Hundred Thirty Five Thousand Dollars ($135,000.00) to take effect on April 9, 2018. F. Effective June 4, 2019, the Communications Manager annual base salary shall be Sixty Eight Thousand dollars ($68,000.00). G. Effective June 4, 2019, the Human Resources Specialist annual base salary shall be Forty Eight Thousand dollars ($48,000.00). H. Effective March 17, 2020, the Budget Director’s annual base salary shall be Seventy-Seven Thousand, Six Hundred Eighty and 00/100 ($77,680.00). I. Effective January 1, 2018, the EMPLOYEEs standard workweek shall be 40 hours per week. J. The EMPLOYEEs shall not be entitled to overtime compensation, except as may be required by federal law. K. The EMPLOYEEs shall enjoy and be entitled to the following benefits: Page 4 of 9 City Council Meeting 12/30/2020 1. Vacation: An EMPLOYEE shall earn annual vacation as follows: ten (10) working days during their first year of service, and during each of the next four (4) years of service; fifteen (15) working days upon completion of five (5) years of service; twenty (20) working days upon completion of ten (10) years of service; twenty five (25) working days upon completion of fifteen (15) years of service and thirty (30) working days upon completion of twenty (20) years of service. For each EMPLOYEE hired after January 1, 2006, a proration of the ten (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 one hundred fifty (150) days in any given twelve (12) month period. EMPLOYEE shall use sick leave in no less than one (1) hour increments. Each EMPLOYEE hired after January 1st shall be granted a proration of the twelve (12) days allotted during the first year of service. If an EMPLOYEE is absent because of illness or disability for more than three (3) 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 twelve (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 two hundred (200) days (cash payment of fifty (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 forty (40) hours per week shall be granted six (6) personal days per year. Each personal day make be taken at either a full day, one half (1/2) day, or at a minimum of two (2) hour increments at a time. Such leave shall be requested in writing at least twenty-four (24) hours in advance of the requested time. The six (6) personal days shall be granted for the year on January 1 st. Each EMPLOYEE hired after January 1st shall be granted a proration of the six (6) days allotted, however, if the EMPLOYEE does not complete the entire year, the pro-rated equivalent 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 twelve (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 health insurance plans offered by the City to the various bargaining units, at a cost to the EMPLOYEE, of ten percent (10%) of the total cost of his or her health insurance plan not to exceed Seven Hundred Fifty Dollars ($750.00) 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 Page 5 of 9 City Council Meeting 12/30/2020 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 nineteen (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 (20) 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. 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 Twenty Two Hundred Dollars ($2,200.00) for single coverage, Twenty Five Hundred Dollars ($2,500.00) for two (2) person coverage or Three Thousand Dollars ($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 15th 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 Twenty Two Hundred Dollars ($2,200.00) for single coverage, Twenty Five Hundred Dollars ($2,500.00) for two (2) person coverage, or Three Thousand Dollars ($3,000.00) for family coverage, payment but shall not be permitted to again opt-out of the insurance program during the calendar year. 8. Vision: The City agrees to pay one hundred percent (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 EMPLOYEE. 10. Life: The City shall provide group term life insurance for the EMPLOYEE in the amount of Five Thousand Dollars ($5,000.00) while they are employed by the City of Saratoga Springs. 11. Dental: The City agrees to provide dental plan(s), within ninety (90) days of the passage of this Resolution, which EMPLOYEEs may participate in, at the sole expense of the EMPLOYEE. 12. 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. 13. Each EMPLOYEE shall receive longevity payments as follows: Page 6 of 9 City Council Meeting 12/30/2020 After five (5) years of service Two Hundred Fifty Dollars ($250.00); After ten (10) years of service Five Hundred Dollars ($500.00); After fifteen (15) years of service Fifteen Hundred and Fifty Dollars ($1,550.00); After nineteen (19) years of service Eighteen Hundred Dollars ($1,800.00); Each five (5) years thereafter additional Two Hundred Fifty Dollars ($250.00). 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. Due to the economic disruption and significant budgetary shortfalls caused by the COVID-19 pandemic, longevity payments outlined above shall not be provided to any covered employee during the 2021 calendar year. L. Effective January 1, 2018, and for every year thereafter effective on the first of the year, all EMPLOYEEs covered by this resolution and who have been employed with the City for the past six (6) consecutive months without interruption will receive the same increase awarded under the CSEA City Hall bargaining unit contract for that year. In the event that the last CSEA City Hall bargaining unit contract has expired, and no subsequent contract has yet been ratified, all EMPLOYEEs covered by this resolution will receive those increases awarded the CSEA City Hall bargaining unit upon ratification of a new CSEA-City Hall contract and will receive the associated retroactive pay. M. 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. Vince DeLeonardis, city attorney, advised a majority of full time employees are part of a union. Others that are not part of a union are covered in the non-union resolution. All unions have met, discussed, and ratified these agreements with the exception of Police Lieutenants whose contract expires the end of this year. All unions have agreed to move their increase until 11:59 p.m. on 12/31/21 and all longevity payments are not being given in 2021. The DPW and PBA unions have given up other things that equal in value to their raise. Commissioner Scirocco confirmed if we didn’t re-negotiated these contracts we would have had to pay them and we would have laid off people. I think you guys did a great job getting this. Commissioner Dalton thanked Vince for the overview and making it so clear. Commissioner Madigan stated it was the job of the union leadership to represent their members and they did a good job with this. She takes issue with the raise they would have received will still take place on the last day of 2021 and on the first day of 2022. She doesn’t believe it’s in the best interest of the taxpayers. This will have a significant impact on the 2022 as they are just kicking the can down the road. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with CSEA City Hall Union Regarding 2021 Wage and Other Concessions (20-475) Mayor Kelly moved and Commissioner Scirocco seconded to authorize the mayor to execute MOA with CSEA City Hall Union regarding 2021 wage and other concessions as included with this agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with CSEA DPW Union Regarding 2021 Wage and Other Concessions (20-476) Mayor Kelly moved and Commissioner Scirocco seconded to authorize the mayor to execute MOA with CSEA DPW Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Page 7 of 9 City Council Meeting 12/30/2020 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with Fire Administrative Officers Union Regarding 2021 Wage and Other Concessions (20-477) Mayor Kelly moved and Commissioner Dalton seconded to authorize the mayor to execute MOA with Fire Administrative Officers Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with Firefighters Union Regarding 2021 Wage and Other Concessions (20-478) Mayor Kelly moved and Commissioner Dalton seconded to authorize the mayor to execute MOA with Firefighters Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with PBA Union Regarding 2021 Wage and Other Concessions (20-479) Mayor Kelly moved and Commissioner Dalton seconded to authorize the mayor to execute MOA with PBA Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with Police Administrative Officers Union Regarding 2021 Wage and Other Concessions (20-480) Mayor Kelly moved and Commissioner Dalton seconded to authorize the mayor to execute MOA with Police Administrative Officers Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) Discussion and Vote: Authorization for Mayor to Execute MOA with Police Lieutenants Union Regarding 2021 Wage and Other Concessions (20-481) Mayor Kelly moved and Commissioner Dalton seconded to authorize the mayor to execute MOA with Police Lieutenants Union regarding 2021 wage and other concessions as included with the agenda. Ayes – 4 Nays – 1 (Commissioner Madigan) ACCOUNTS DEPARTMENT Commissioner Franck advised he has nothing for his agenda at this time. Page 8 of 9 City Council Meeting 12/30/2020 FINANCE DEPARTMENT Discussion and Vote: Budget Transfers Regular (20-482) Commissioner Madigan moved and Mayor Kelly seconded to approve budget transfers regular as included with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (20-483) Commissioner Madigan moved and Commissioner Dalton seconded to approve budget transfers – payroll as included with the agenda. Ayes - All PUBLIC WORKS DEPARTMENT Commissioner Scirocco advised he has nothing for his agenda at this time. PUBLIC SAFETY DEPARTMENT Commissioner Dalton advised she has nothing for her agenda at this time. SUPERVISORS Mayor Kelly advised there is nothing for the supervisors’ agendas. ADJOURNMENT There being no further business, Mayor Kelly adjourned the meeting at 4:08 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 1/19/2021 Vote: 5 - 0 Page 9 of 9